The Southern Killer by Peter O'Mahoney

Author:Peter O'Mahoney [O'Mahoney, Peter]
Language: eng
Format: epub
Publisher: Roam Free Publishing
Published: 2022-12-30T16:00:00+00:00

*****

“May it please the court. Ladies and gentlemen of the jury, Your Honor, my name is Joe Hennessy, and I’m the criminal defense attorney representing the defendant, Miss Alicia Fenton.

This is a case of self-defense.

Plain and simple.

Let me be clear on what the law states—a person is allowed to defend themselves from the threat of death or serious bodily injury. That’s the law. Plain and simple. Miss Fenton was defending herself from an attack. That’s all this is.

Miss Fenton has no history of violence. She has no history of drug use. She has no history of alcohol use. This was not an incident where someone lost control. This was not a moment of revenge. This was not a planned event.

Her actions were in self-defense, plain and simple.

Alicia Fenton was in her home on Logan Street in Downtown Charleston, where she had lived alone for more than five weeks. Because she was in her home, Miss Fenton was under no legal obligation to flee from her attacker.

You will hear from witnesses who will testify that Mr. Fenton had only been released from prison hours earlier, and this was his first stop. They will tell you that Mr. Fenton still had fourteen months left on his prison sentence. He did not tell Miss Fenton that he was being released fourteen months early. Miss Fenton was surprised to see him when he arrived at the house that she owned.

You will hear from witnesses who will testify that Mr. Fenton was drunk and high on drugs when he arrived at the home listed in his stepdaughter’s name. The Deputy Coroner will tell you that Mr. Fenton had high levels of alcohol and morphine in his system when he died.

You will hear from witnesses who will testify that they saw Mr. Fenton strike his stepdaughter many times in the past. Mr. Fenton’s own sister will testify that she wanted to take Alicia out of Mr. Fenton’s care because she had seen him physically abusing her.

You will hear from a nurse at the school where Miss Fenton attended, and she will testify that she was afraid that Miss Fenton was being abused by her stepfather.

You will hear from a witness who will say that there is clear evidence that Mr. Fenton physically attacked his stepdaughter that night. Her blood was found on the kitchen wall, and she had a large cut above her eye.

Let me repeat that for you—you will hear from a witness who will testify that Mr. Fenton attacked his stepdaughter that night. Her blood was spattered on the kitchen wall.

Because Miss Fenton has claimed self-defense, there are four things that the prosecution must prove, and they are as follows:

Firstly, the defendant must be without fault in bringing on the difficulty. She must not have provoked the attack. You will hear from a witness who will testify that Miss Fenton was in her own home and was not even aware that Mr. Fenton had been released from prison.

Secondly, the defendant believed she was in imminent danger of being killed or seriously injured, or actually was in imminent danger.

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