Dave E
Posts: 25479
Joined: 8/1/2007
From: Minneapolis
Status: offline
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By the time a trial comes around the raw public emotion will have subsided and a more balanced look at what actually happened will come front and center. At that point Kolstad's conduct leading up to the fight and the fact that Kolstad started the fight will influence the jury to some degree. To some degree, I agree. In my experience, though, juries hone in very closely on the wording of the jury instructions (as they should) -- so I'm not sure how much the fact that Kolstad may have been the instigator will play into it. I'll be curious to see. The fact that he started it may well be balanced out by the fact that he may be sitting in the court room with brain damage. As I believe you mentioned earlier, he may well cop to the third degree assault charge, which may well be the smart play. I'll be interested to see if the prosecutor will offer that sort of deal.
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