Hudson, WI—This was a justifiable homicide, and the other moves made by the defendant, Nicolae Miu were totally lawful and necessary. Make no mistake the witnesses that testified against the accused man provably lied under oath. However, the accused defendant, Nicolae Miu lied to the police. Lying to the police is not a crime here but perjury under oath is a felony. The jury chose to punish the defendant and they had no power over any possible perjury charges for the states witnesses.
The Defense Lawyer here, obviously never prepared Nicolae Miu for his testimony. He should have made sure the jury was aware that a man in this medical condition does not have to fight fairly defending himself. Even if he is facing one of these clowns, separately, he may sill use deadly force to terminate the attack. There is a serious degree of ineffective assistance of counsel here but I doubt if that alone will cause a new trial.
The evidence showed that a bunch of drunken punks surrounded Nicolae Miu and began pushing, shoving choking him despite the fact that he was older and recovering of a quadruple bypass open-heart surgery. There is a huge disparity of force here and the use of deadly force by Nicolae Miu was absolutely lawful and necessary.
At the end of the trial, the judge approved a state motion to give the jury “lesser” charges to consider. Things like second-degree murder, manslaughter reckless homicide were suddenly on the table for the jury. The catch here is that the jury is told to disregard any sympathy or potential sentence that the accused may face. The idea here is to give the jury a compromise verdict, but the problem is for this 55-year-old man with a serious history of heart problems either way will still wind up with a life sentence. The jurors falsely believed that Nicolae Miu would essentially be eligible for probation.
Once the jury learns that the sentence is going to be just as severe and that there was no compromise after all, they’re going to be pissed off, but there’s nothing that they can do about it. The guilty verdict will stand like a brick wall.
I will offer up my own sarcastic motto “that I have subscribed to for the last 35 years, “if justice ever happens it’s usually by accident and for all the wrong reasons.”
Certainly justice didn’t happen here and even if Nicolae Miu could get an appellate court to grind out an order a new trial years will have passed while he is locked up in a prison. Our criminal justice system is a train wreck primarily since prosecutors redundantly go to lawmakers and the get anything they want in the way of making criminal trials unfair. It’s always in the name of “public safety“ but all that does is give lazy prosecutors ability to convict more than 80% of the people who stand trial.
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