Tuesday, June 12, 2007

WTF? First-degree murder off table

When jurors in the Thomas Arthur Applegate case finished deliberating for the day Tuesday, they were still hopelessly deadlocked — 11 to one — with regard to what degree of murder and attempted murder Applegate should be found guilty of.

However, when they resume deliberation this morning, they will not have to ponder on the first-degree option.

Humboldt County Superior Court Judge John T. Feeney announced in open court at about 12:15 p.m. Tuesday that the first-degree charges had been dismissed and that jurors are to no longer deliberate on that degree with regard to the murder and attempted murder counts.

After announcing the Humboldt County District Attorney’s Office decision to drop the first-degree option, Feeney dismissed the jurors for the day but ordered them back today at 8:30 a.m. to resume their deliberation.

As the jurors walked out of the courtroom Tuesday afternoon, one had tears streaming down her face...

...When asked why he decided to drop the first-degree option on the murder and attempted murder charges, Humboldt County District Attorney Paul Gallegos said, “It was a calculated decision based upon the information we have.”
Read the rest


  1. “Whether it’s the right one or not, only time will tell,” Gallegos said.

    How much incompetence will the people of Humboldt put up with?

  2. No matter how badly he did it, Gallegos got the facts in. If a juror can't see first degree in this case,
    that's the kind of thing that just happens to any prosecutor. However, what he did was blink on the first degree case to avoid a hung jury and a retrial. That's moral cowardice. As always, he's looking for something, just not the right thing, out of the case
    to keep up his "win" column.

  3. It's a tossup. The moron DA versus the 12 droolers that make up a typical Humboldt County jury. Feeney is the one that will be pleading insanity by the time this one is done. Realizing that it is irresponsible to offer up an opinion based on news accounts, I will do it anyway. How the hell could this NOT be first degree murder?

  4. Same way it could be not
    assault with the gun he used to commit the murder and the attempted murder.

    Humboldt has arrived at the perfect storm of
    jurors, judges and DA's.
    Enjoy the ride, you voted for it.

  5. Don't count the judges and juries on this one.

    The system is out of whack and it can all be laid at the feet of one person. The DA.


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