5/31/2012

Pennsylvania Castle Doctrine doesn't prevent disabled Vets conviction in stabbing death

This notion that the judge has "unanswered questions" seems strange to me.  My guess is that the defense should have gone with a jury trial.  There must be something more going on here than "inconsistencies" in the story between the two students and Lowe.  From the Philadelphia Inquirer:

A PHILADELPHIA JUDGE said Wednesday he was convinced that a disabled, retired Marine was being attacked in the moments before he fatally stabbed a man last October, but he concluded that the stabbing was still a criminal act rather than self-defense.
Common Pleas Judge Benjamin Lerner then convicted Jonathan Lowe, 57, of voluntary manslaughter and possession of an instrument of crime. The judge found him not guilty of the more-serious charges of first- and third-degree murder.
Lowe, who wears a pacemaker and has survived two strokes and two heart surgeries, could face up to 12 1/2 to 25 years in prison when Lerner sentences him Aug. 16.
The case underscores how uncertain the claim of self-defense can be, even in a state that revised its "Castle Doctrine" last year to give an individual the right to use deadly force in self-defense anywhere in which a person has a legal right to be. The revised law also eliminated the duty to retreat before using that force. Lowe’s case was featured in March in a Daily News article about the revision of that doctrine.
The voluntary-manslaughter conviction means that Lowe committed the stabbing under provocation but that his actions were unreasonable, or imperfect self-defense, Lerner said.
"There are some unanswered questions in my mind about what happened here," Lerner said. "We will never know exactly how this incident began, and I don’t think we will ever know, 100 percent, when the stabbing began." . . .
Lowe testified that he used a small, quick-open knife to stab Manning after being knocked to the ground and choked during a robbery attempt.
Two Temple University students said Manning was chasing Lowe and trying to hit him with a metal pole before he caught him. Manning then pinned Lowe to the ground, they said.
But both students said they did not see Lowe stab Manning while the two men were on the ground, nor after Manning got up and quickly collapsed from four stab wounds in his neck, thigh and back.
[The prosecutor] seized on inconsistencies between the testimonies of Lowe and the students, including where the stabbing took place. . . .
Thanks to Bruce Moon and others who sent me this link.

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