Reply #13: bullshit

[pschoeb]

If some one supects their lover of cheating, and then sets up a situation to test that, by say faking their leaving and hiding in the closet with a friend to help. Then both kill the cheaters when discovered. I'm not sure if that would fit the bill.

That's what happened in this case, the guys who had sex with the victim got together with some who did not and decided they suspected the victim was male, then planned this confrontation to prove it one way or the other, with evidence put forward by a witness that they planned to kill the victim if she were male. There really could have been no shock in discovering the victim was male, since they suspected it strongly enough to create this confrontation. knowingly putting yourself in a provocative situation, you can't claim provocation.

Also the victim was tied and placed in the garage(kidnapping) before she was strangled by one of the perpetrators. Whereas the initial attack could possibly have a claim of provocation(I don't agree but it's possible to argue). sufficient time elapsed between the victims inital attack and the strangulation to preclude crime of passion. The witness and forensic evidence both point to an hourslong attack, where the victim was alive for several hours.

second degree murder should be a no brainer, possible first degree for the strangler.

Most crime of passion defenses are bs anyway

Patrcik Schoeb