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	<title>Comments on: Motiveless</title>
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	<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/</link>
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		<title>By: Tiara</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-27462</link>
		<dc:creator>Tiara</dc:creator>
		<pubDate>Sat, 26 Jun 2010 23:37:56 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-27462</guid>
		<description>Nelly, it appears you have a personal vendetta against Dyaln&#039;s Uncle, cousin &amp; his extended family. Haven&#039;t seen that you&#039;ve dug up any dirt on the other two defendants&#039; families. Care to share???</description>
		<content:encoded><![CDATA[<p>Nelly, it appears you have a personal vendetta against Dyaln&#8217;s Uncle, cousin &amp; his extended family. Haven&#8217;t seen that you&#8217;ve dug up any dirt on the other two defendants&#8217; families. Care to share???</p>
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		<title>By: Carolina</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-27304</link>
		<dc:creator>Carolina</dc:creator>
		<pubDate>Sat, 26 Jun 2010 18:42:37 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-27304</guid>
		<description>Yet here you are, and contributing nothing! Now what were you saying about full lives?</description>
		<content:encoded><![CDATA[<p>Yet here you are, and contributing nothing! Now what were you saying about full lives?</p>
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		<title>By: Tiara</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-27299</link>
		<dc:creator>Tiara</dc:creator>
		<pubDate>Sat, 26 Jun 2010 18:39:45 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-27299</guid>
		<description>I guess the dirt on the Pacific Northwest is only interesting to those of you who don&#039;t have lives &amp; have WAY too much time on your hands w/ nothing better to do.</description>
		<content:encoded><![CDATA[<p>I guess the dirt on the Pacific Northwest is only interesting to those of you who don&#8217;t have lives &amp; have WAY too much time on your hands w/ nothing better to do.</p>
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		<title>By: Tiara</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-27177</link>
		<dc:creator>Tiara</dc:creator>
		<pubDate>Sat, 26 Jun 2010 04:07:57 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-27177</guid>
		<description>Whoa.........Nelly, you really do need to get a life!!! I know this family, and because one member of the family is questionable does not justify the entire family to be scrutinized. Why don&#039;t you post your last name so we can get your family dirt. You are pathetic!!</description>
		<content:encoded><![CDATA[<p>Whoa&#8230;&#8230;&#8230;Nelly, you really do need to get a life!!! I know this family, and because one member of the family is questionable does not justify the entire family to be scrutinized. Why don&#8217;t you post your last name so we can get your family dirt. You are pathetic!!</p>
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		<title>By: Clio</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-11967</link>
		<dc:creator>Clio</dc:creator>
		<pubDate>Thu, 11 Feb 2010 12:03:24 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-11967</guid>
		<description>Occam, I could translate our discussions into medieval Latin or Greek for your convenience, but I think that our populist Editors might balk at such scholastic pretensions.  Just, whatever you do, do not quote Aristotle in your fanciful speculations; doing that set off a firestorm on this blog last fall. X,O Clio.</description>
		<content:encoded><![CDATA[<p>Occam, I could translate our discussions into medieval Latin or Greek for your convenience, but I think that our populist Editors might balk at such scholastic pretensions.  Just, whatever you do, do not quote Aristotle in your fanciful speculations; doing that set off a firestorm on this blog last fall. X,O Clio.</p>
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		<title>By: AnnaZed</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-11966</link>
		<dc:creator>AnnaZed</dc:creator>
		<pubDate>Wed, 10 Feb 2010 03:48:06 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-11966</guid>
		<description>Care to address anything else that I had to say?</description>
		<content:encoded><![CDATA[<p>Care to address anything else that I had to say?</p>
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		<title>By: Bea</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-11965</link>
		<dc:creator>Bea</dc:creator>
		<pubDate>Wed, 10 Feb 2010 01:59:06 +0000</pubDate>
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		<description>They had to have a reasonable basis to conclude that he was dead AND prove that he was alive at point of stabbing in order to claim the &#039;legal impossibility&quot; defense.  The circumstances all come into play for the jury to make the determination - would a reasonable person call an ambulance?

Too, it seems highly unlikely that any will be taking the stand (I&#039;m alone in thinking that narcissist Joe won&#039;t be able to help himself).

Finally, with regard to the &#039;legal impossibility&#039; defense, it could still be attempted murder (example:  wannabe drug dealer sells what he says is illegal drug to cop but it&#039;s not an illegal drug.  Still convicted of attempted distribution despite &#039;legal impossibility&#039;).  And that comes into play only if the jury believes the defendants correctly believed Robert was DEAD at the time of the stabbing.  I don&#039;t see the jury going out of their way to give such actions the &#039;benefit of the doubt&#039;.</description>
		<content:encoded><![CDATA[<p>They had to have a reasonable basis to conclude that he was dead AND prove that he was alive at point of stabbing in order to claim the &#8216;legal impossibility&#8221; defense.  The circumstances all come into play for the jury to make the determination &#8211; would a reasonable person call an ambulance?</p>
<p>Too, it seems highly unlikely that any will be taking the stand (I&#8217;m alone in thinking that narcissist Joe won&#8217;t be able to help himself).</p>
<p>Finally, with regard to the &#8216;legal impossibility&#8217; defense, it could still be attempted murder (example:  wannabe drug dealer sells what he says is illegal drug to cop but it&#8217;s not an illegal drug.  Still convicted of attempted distribution despite &#8216;legal impossibility&#8217;).  And that comes into play only if the jury believes the defendants correctly believed Robert was DEAD at the time of the stabbing.  I don&#8217;t see the jury going out of their way to give such actions the &#8216;benefit of the doubt&#8217;.</p>
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		<title>By: Occam's Theory</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-11964</link>
		<dc:creator>Occam's Theory</dc:creator>
		<pubDate>Wed, 10 Feb 2010 01:29:38 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-11964</guid>
		<description>No need to check the books. And, yes, I do see that if the 3 stabbed a man to death there is a homicide-type charge. I&#039;m not a sociopath or anarchist. But I go in with the assumption that he was dead when stabbed. Perhaps we are missing each other as I&#039;m pretty certain we&#039;ve discussed this already.</description>
		<content:encoded><![CDATA[<p>No need to check the books. And, yes, I do see that if the 3 stabbed a man to death there is a homicide-type charge. I&#8217;m not a sociopath or anarchist. But I go in with the assumption that he was dead when stabbed. Perhaps we are missing each other as I&#8217;m pretty certain we&#8217;ve discussed this already.</p>
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		<title>By: Bea</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-11963</link>
		<dc:creator>Bea</dc:creator>
		<pubDate>Wed, 10 Feb 2010 00:35:28 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-11963</guid>
		<description>The defense would have &quot;moved beyond the intruder theory&quot; in what way?  Are you suggesting that they might NOW propose that there was no intruder and that Robert died &quot;accidentally&quot; and that the stabbing was done - what? - &quot;foolishly&quot; or &quot;under the influence&quot;?

Hard for me to see how one can make the judgment that a man is &quot;probably&quot; dead and NOT call 911 UNLESS they wanted him dead.  Even if, as you say, the coroner was wrong and the stab wounds were NOT premortem, and he died before the stab wounds (not the evidence, but for argument&#039;s sake), what jury is likely to believe that the stabbing showed anything other than a &#039;cover up&#039;, &#039;conspiracy&#039;, and &#039;obstruction&#039;?  Besides being about as cold-blooded as one can imagine - especially considering Robert was a friend.</description>
		<content:encoded><![CDATA[<p>The defense would have &#8220;moved beyond the intruder theory&#8221; in what way?  Are you suggesting that they might NOW propose that there was no intruder and that Robert died &#8220;accidentally&#8221; and that the stabbing was done &#8211; what? &#8211; &#8220;foolishly&#8221; or &#8220;under the influence&#8221;?</p>
<p>Hard for me to see how one can make the judgment that a man is &#8220;probably&#8221; dead and NOT call 911 UNLESS they wanted him dead.  Even if, as you say, the coroner was wrong and the stab wounds were NOT premortem, and he died before the stab wounds (not the evidence, but for argument&#8217;s sake), what jury is likely to believe that the stabbing showed anything other than a &#8216;cover up&#8217;, &#8216;conspiracy&#8217;, and &#8216;obstruction&#8217;?  Besides being about as cold-blooded as one can imagine &#8211; especially considering Robert was a friend.</p>
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		<title>By: Occam's Theory</title>
		<link>http://whomurderedrobertwone.com/2010/02/03/motiveless/comment-page-1/#comment-11962</link>
		<dc:creator>Occam's Theory</dc:creator>
		<pubDate>Wed, 10 Feb 2010 00:22:10 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=8779#comment-11962</guid>
		<description>It is true as the two of you have said that the state&#039;s allegation is that Robert died from the stabbing, not suffocation.  I think I knew that 2 days ago but forgot that yesterday, so kudos.  It will be interesting to see if that allegation is challenged by a defense expert at trial, as doing so would indicate a change in defense strategy.  One assumes that defense counsel haved moved beyond the intruder idea and have come up with something different by now.

As to my identity and motivations, I am no one relevant to these discussions -- just another faceless lawyer in a city lousy with them interested in this remarkable case. I know, or knew, none of the players, and am not an apologist for someone I have never met and would likely never have hung out with if I had -- I&#039;ve been married a decade, with 2 kids, and don&#039;t go out much.  I confess to a natural, generalized  inclination towards the defense, not unlike what we require of jurors as they are seated before a criminal trial.  But if the gov can add on and prove a homicide charge beyond a reasonable doubt, I&#039;d be delighted to see Joe and Co. go away for life.</description>
		<content:encoded><![CDATA[<p>It is true as the two of you have said that the state&#8217;s allegation is that Robert died from the stabbing, not suffocation.  I think I knew that 2 days ago but forgot that yesterday, so kudos.  It will be interesting to see if that allegation is challenged by a defense expert at trial, as doing so would indicate a change in defense strategy.  One assumes that defense counsel haved moved beyond the intruder idea and have come up with something different by now.</p>
<p>As to my identity and motivations, I am no one relevant to these discussions &#8212; just another faceless lawyer in a city lousy with them interested in this remarkable case. I know, or knew, none of the players, and am not an apologist for someone I have never met and would likely never have hung out with if I had &#8212; I&#8217;ve been married a decade, with 2 kids, and don&#8217;t go out much.  I confess to a natural, generalized  inclination towards the defense, not unlike what we require of jurors as they are seated before a criminal trial.  But if the gov can add on and prove a homicide charge beyond a reasonable doubt, I&#8217;d be delighted to see Joe and Co. go away for life.</p>
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