AirTalk for September 6, 2011

Retrying Brandon McInerney

Mercer 19445

E.O. Green Junior High

Brandon McInerney (L) and Larry King (R) in photos from their E.O. Green Junior High yearbook.

After six days of deliberations, with seven jurors in favor of voluntary manslaughter and five jurors supporting either first-degree or second-degree murder in the case against Brandon McInerney, Judge Charles Campbell declared a mistrial. On Friday Ventura County Chief Assistant District Attorney James Ellison asked Campbell to pick a date for a new trial of the teen accused of killing a gay classmate, Larry King, three years ago. Prosecutors must now decide whether to re-file murder and hate crime charges against McInerney who was tried as an adult. The defendant is now 17 but was 14 at the time of the killing. One juror told the Associated Press that some members of the jury panel thought McInerney should never have been tried as an adult. What should prosecutors do? Is a 14 year old able to assess the seriousness of murder? Should Brandon McInerney be re-tried and if so should he be re-tried as an adult or as a juvenile and on what charges?

Guest:

Laurie Levenson, Professor of Law at Loyola Law School and criminal law expert.


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