Hope youāre feeling better, thanks for your service to us laymen. š«”
Iām seeing many conflicting opinions re: if EED was used in the state case, and he was convicted under this, that itād DEFINITELY impact his fed case bc itās not offered federally as a defense, yada yada. Whereas others are of the opposite opinion saying it shouldnāt impact it at all bc the charges are stalking based, and not murder.
Worth repeating, Luigiās currently being prosecuted by 2 jurisdictions (and a 3rd pending)ā¦what kind of defendant has had to experience this kind of insane prosecution?!! 𤯠If this was a regular occurrence to prosecute so heavily, itād be easy to cite past legal cases as precedent. There wouldnāt be all these conflicting opinions. But, since Luigiās intense prosecution is an anomaly, itās seemingly become quite muddied as to how EED would/would not affect his fed case. What are your thoughts, squeej??
Iām seeing a lot of conflicting opinions too, and honestly I go back and forth! But the truth of the matter is that, with a case this huge, it will at LEAST be prejudicial by tainting the jury pool. Unfortunately, thereās just not a lot of ways around it⦠but, I agree that the proof of the elements for stalking arenāt as closely related as it seems. I still think that the federal case is very weak, and Iām not confident that theyāll be able to nail it.
That being said, there are actually a lot of other notable cases with multijurisdictional litigations. I donāt agree with it necessarily, and I think itās an abuse of court power, but there have been quite a few similar circumstances. Unfortunately, I just donāt think they garnered as much attention because the defendants werenāt seen as favorable to the public. Some notable ones to look into include Bundy (the murders at state and then federal charges for avoiding prosecution), Paul Manfort from the Trump campaign (state and federal tax/mortgage fraud), Derek Chauvin (state murder/manslaughter and federal civil rights violations), Dylann Roof (state murder and federal hate crime violations), former Illinois governor Rod Blagojevich, and the Rodney King killers (same as chauvin). All this to say, itās happened before. Itās a huge debate in the legal world of whether or not this should be allowed, which is why some states have laws preventing it. However, the federal government does not.
As far as the psychiatric defenses, I would need to look more into whether that issue has come up in multijurisdictional cases. I think that specific prejudice is a much stronger argument in Luigiās case because of how high profile it is. Lots of legal first impressions hereā¦.š¤