Reference no: EM133595883

Assignment:

Read the news article below and thoughts on the Not Guilty outcome of this Kern County case involving domestic violence. Is she a murderer or a victim of domestic abuse?Not guilty of murder but jury deadlocks on voluntary manslaughter charge

Wendy Howard, who shot and killed her ex-partner after he abused her for years, was found not guilty of first- and second-degree murder and involuntary manslaughter Friday, while a Kern County jury deadlocked on the charge of voluntary manslaughter.

Howard, 53, had pleaded not guilty to first-degree murder after she shot Kelly Pitts on June 5, 2019 outside her Tehachapi home in a case her attorney characterized as self-defense while the prosecutor argued she committed murder.

She appeared dressed in a purple blouse Friday, and was crying and taking deep breaths as the verdict was read. Purple represents domestic violence survivors, and Howard often wore that color during the 10-day trial.

"We are relieved that she walks free today to be with her family," Courtney Morris, an organizer with the Wendy Howard defense committee, a grassroots organization that rallied around Howard to elevate her pleas of self-defense, said outside court. "But, she's still in shackles. She is not free yet."

Seven jurors voted for a verdict of guilty of voluntary manslaughter in the heat of passion, while five sought an acquittal. Jurors could find Howard guilty of either voluntary manslaughter of imperfect self-defense or that charge committed while in the heat of passion. She was acquitted of voluntary manslaughter of imperfect self-defense.

They deliberated all day Thursday and entered the deliberation room late in the afternoon Wednesday after closing arguments finished Wednesday.

A gag order precluded attorneys and Howard from speaking. Kern County Superior Court Judge Charles Brehmer set a status conference for Nov. 18 to determine the next steps in Howard's case.

Assistant District Attorney Joseph Kinzel, who is prohibited from speaking about Howard's case because of the gag order, wrote in an email generally describing the process following a hung jury.

"In general, when there is a hung jury on a charge or lesser-included offense, the case is automatically set for future dates for retrial on the charges that remain unresolved as well as for discussions regarding potential resolution," he wrote.

Morris said their network of organizers will strengthen their advocacy to pressure Kern County District Attorney Cynthia Zimmer to not pursue the case. Many national domestic violence advocates and organizers descended on Kern County to support Howard and her family while they testified. Advocates and supporters said Howard shot her abuser in self-defense and shouldn't have to face repercussions after being a victim.

"We will double down on our advocacy for Wendy Howard," Morris said. "We have supporters from California to New York, from Texas to Italy. This case will grow bigger and bigger and the injustice that Wendy Howard faces will be known."

Jurors sent a note to Judge Charles Brehmer at 11:20 a.m. Friday saying they couldn't reach a verdict on involuntary manslaughter, voluntary manslaughter or justifiable homicide. Brehmer and attorneys wrote back asking if jurors had reached any verdict at all.

The jury panel of seven men and five women responded around 11:55 a.m. saying they reached a decision regarding the first- and second-degree murder charges. Chief Deputy District Attorney Eric Smith had asked jurors to find Howard guilty of second-degree murder or voluntary manslaughter.

Kristin Davis, a court spokeswoman, called reporters, Howard's family and supporters to convene at 1:30 p.m. to hear a "possible verdict." Brehmer then sent a note asking if jurors needed more information about lesser charges or if they were "hopelessly deadlocked."

A 1:55 p.m. juror note said they were "hopelessly deadlocked," and all came back to read aloud the verdict. Initially, jurors were deadlocked on the involuntary manslaughter charge, went back to deliberate and emerged with a unanimous verdict of not guilty. Emotions were high in the courtroom while awaiting a verdict - Howard left the well of the courtroom to comfort her sobbing daughter, Bayley Frost.

During the trial, Smith painted Howard as a vengeful woman upon hearing Pitts sexually abused her daughter, Bayley Frost. Frost went to Tehachapi police and they began investigating, but Howard didn't have confidence in Tehachapi police, he said.

Defense attorney Tony Lidgett said Howard shot Pitts in self-defense after suffering horrific sexual and physical abuse by him. Howard knew his capabilities of violence, and sought to protect herself and her children, he said

1. What are some of the excuses and justification defenses that defendants can use in criminal cases to eliminate their criminal liability?

2. Why is the prosecutor often considered the most powerful of all courtroom participants?

3. Identify some examples of prosecutorial discretion.

4. Which do you think is the most effective method of selecting judges?

5. What does "good judging" mean and why is courtroom civil important?