Jarhead Dud Not Guilty of Shaking, not Stirring, Little Giovanni
elizabeth
By J. Harry Jones
UNION-TRIBUNE STAFF WRITER
November 8, 2001
On Tuesday, San Diego Superior Court Judge Robert F. O'Neill told a
defense lawyer she was incompetent and should look for another job.
Yesterday, a jury returned to O'Neill's courtroom and acquitted the
lawyer's client of charges that would have sent him to prison for
life.
Barry Levesque, a 23-year-old Marine who denied he killed his infant
son, wept and embraced his lawyer, Jean Brandl, as the not-guilty
verdict was read by O'Neill's clerk.
In the courtroom gallery, Ima Levesque, the mother of the dead child,
screamed in joy and collapsed in her seat. She also has maintained
that her husband was incapable of harming anyone, especially little
Giovanni.
Levesque has been held in jail for the past 11/2 years waiting for
yesterday's moment of vindication. One year ago, he was tried before a
different jury on the same charge -- assaulting a child under the age
of 8 causing death -- but a mistrial was declared when the jury
deadlocked 11-1 in favor of his guilt.
The charge carries a mandatory 25-years-to-life prison sentence upon
conviction, the same as first-degree murder, but does not require
prosecutors to prove malice. Since 1996, several defendants have been
convicted under the charge but Levesque is the first to be acquitted.
Levesque was accused of shaking 2-month-old Giovanni to death inside
the couple's Mira Mesa apartment March 14, 2000. He was arrested two
months later after autopsy results showed the boy had suffered severe
head injuries symptomatic of shaken-baby syndrome.
On Tuesday, while the jury was deliberating, Brandl asked O'Neill to
declare a mistrial, arguing the judge had been unfair to the defense.
She accused the judge of purposely interrupting her closing arguments
five times and of limiting the amount of time she had to speak to the
jury.
During a tense hearing, O'Neill denied Brandl's request and, as
tempers flared, told Brandl she was incompetent and "should look for
another line of work."
After the verdict was announced yesterday O'Neill asked Brandl to come
to his chambers.
"I apologized to her. She apologized to me," he said. "I told her I
was wrong about her career choice. I consider it a dead issue."
O'Neill said he also complimented Brandl's trial tactics.
Brandl's co-workers in the Alternate Public Defender's Office saluted
her and the rest of the defense team with a large, congratulatory
sign.
Brandl said the verdict "feels a little vindicating, to say the
least."
She said she was stunned when O'Neill made his comments.
"I really don't think he did it," she said of Levesque. "He's the
sweetest, calmest person I've ever met."
The four-week trial focused on medical evidence with prosecutor Robert
Madruga telling the jury that Levesque was the only person who could
have killed the boy.
Seven doctors testified. In the end, however, jurors said the medical
testimony was confusing and what led them to their verdict was
Levesque.
"It was his character," juror Pam Gardner said. "I just didn't believe
he could have harmed his child."
An emotional Ima Levesque told reporters outside the courtroom she
never doubted her husband.
"This person loved his son," she said. "We love each other."
O'Neill told Levesque he was free to walk out of the courtroom but
Levesque chose to return to the jail just long enough to collect his
belongings. He could not be reached for comment last night.
Madruga said he was disappointed by the verdict but not surprised.
"It's difficult to get people to realize that parents can harm their
children," he said. "I'm disappointed, but 12 people are the
conscience of the community and they spoke.
Shoeless
<snip Duhd being found not guilty of killing his baby>
>"It's difficult to get people to realize that parents can harm their
>children," he said. "I'm disappointed, but 12 people are the
>conscience of the community and they spoke.
But is the wife pregnant again? You know it only takes nine short
months to make another bundle of Shake N' Bake Joy around for Duh to
play with.
Shoeless
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"I declare to you that woman must not depend upon the protection of
man, but must be taught to protect herself, and there I take my
stand." - Susan B Anthony
Critter
> Yesterday, a jury returned to O'Neill's courtroom and acquitted the
> lawyer's client of charges that would have sent him to prison for
> life.
>
> Barry Levesque, a 23-year-old Marine who denied he killed his infant
> son, wept and embraced his lawyer, Jean Brandl, as the not-guilty
> verdict was read by O'Neill's clerk.
>
> In the courtroom gallery, Ima Levesque, the mother of the dead child,
> screamed in joy and collapsed in her seat. She also has maintained
> that her husband was incapable of harming anyone, especially little
> Giovanni.
Does that mean he's not dead?
Vince Conaway
> In the courtroom gallery, Ima Levesque, the mother of the dead child,
> screamed in joy and collapsed in her seat. She also has maintained
> that her husband was incapable of harming anyone, especially little
> Giovanni.
Um...but he's a Marine...isn't he paid to hurt people?
-Vince
elizabeth
Now ~*that's*~ what *I* call ~^irony^~!
