9:51 a.m. Cheryl Carpenter argues there is not enough evidence to bind over on second-degree murder. She said there is not evidence of intent to kill.

Assistant Prosecutor Danielle Hagaman-Clark said Wafer came to the door with a shotgun. "Shotguns are designed to kill."

Carpenter: "That's not enough to show intent."

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Good..... raising Self Defence... should not bind over on any charge

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McBride "not in her right mind"

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We need to look through the eyes of home owner... home alone 4:30 in morning... screen so badly banged that it broke... also somebody at side door... house surrounded.... man alone in home.... presumption afforded by self defence act.

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Gus Burns | fburns@mlive.com
1 Minute Ago
Carpenter is citing the self-defense act. She says residents have the right to use deadly force in cases where they feel a threat of great bodily harm, death or sexual assault.

Carpenter said with the alcohol, marijuana and a serious crash, we don't know her demeanor. "We have a young woman who is not in her normal personality, normal demeanor. And I'm not trying to put her down or say she caused it.. but we have to look at it through the eyes of a homeowner?" Would a reasonable person suspect they could become a victim of great bodily harm?
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Gus Burns | fburns@mlive.com
Just now
9:59 a.m. Carpenter says there is evidence (smudging, possible from someone's hands) on the side and front door that could indicated banging, and "violent banging" on the front door, inferred from the dislodging of the screen. "We have a man alone in his house," she said. "Who wouldn't honestly believe" someone was trying to break in.

She says that in a case of a suspected break-in, it's the prosecutor's burden of proof.

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Not a question of "fact" it is what the defendant believed....

(This woman is smart... making same points that I have)

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I cant see the judge dismissing... but he should

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Prosecutor just conceded that "Screen had been knocked out"...... she says it might have been caused by shotgun blast... but that is a bit silly.... the evidence that it was knocked out came from evidence of where it must have been before the shot fired.

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Court adjourned "for a few minutes"

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Gus Burns | fburns@mlive.com
1 Minute Ago
"Give me a few minutes... and I'll come back and make a decision. Court is adjourned for a few minutes," says Turfe -- I'll be back in about five, going to try and talk to some of Renisha's family in the hall. George Thurswell, the attorney for McBride's parents, has left for a vacation and won't be back until the new year, which is a shame because he's been more open with the media than some of the other players. I don't expect the prosecution will say much and, at least at the arraignment, Wafer's attorneys weren't talking - much.

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So my defense would be, she was drunk and horny, I thought she was going to rape me.

hmmm That's very interesting about the screen, did Renisha do it? (I think so) Prosecutor trying to say the shotgun blast did it kinda flies in the face of physics. I knew there was something about that screen door (frame, etc) even with police moving/not moving it.

No way Intent, IMO

Yes... the cops were toying with you Berta... moving the damned screen and just photographing the frame.. and even putting glass in the frame to mess with our heads!!!

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The point is he did not KNOW who was out there (or how many) or what they intended... as my fave defence lawyer just said... its not about the "facts" of the situation... its about what Wafer (as a reasonable person) thought or feared.

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Cheryl Carpenter

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Because the Judge believes there was no intent, but someone died, (and not just any someone) pretty sure you were right about manslaughter BUT still a stretch imo

IF the Judge were to say.... case dismissed... it would restore my faith in the Justice System... at least outside Florida

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