In addition to voluntary manslaughter, the defense yesterday also asked the judge to consider involuntary manslaughter and *battery* as possible convictions on which to instruct the jury. The prosecution appeared shocked and off-guard. Defense named some case law to support their claim, prosecution said they had not prepared any case law because it never occurred to them that someone would actually try to put these defenses on the table for a crime like this.
The judge gave the prosecution a little time to argue against this. This morning we are supposed to learn whether, indeed, lesser crimes like ‘battery’ will be on the table.
looks like they took it off the table already—judge this morning denied ‘involuntary manslaughter’ and battery did not seem to come up during jury instructions.