Louise Woodward Case - Appeal

Appeal

Woodward's legal team filed post-conviction motions to the trial court, and the hearing opened on 4 November. In the days following the verdict it emerged that the jury had been split about the murder charge, but those who had favoured an acquittal were persuaded to accept a conviction. This fact was of no legal consequence, however. None of the jury "thought she tried to murder him," one member said.

On 10 November, at a post-conviction relief hearing, Judge Zobel reduced the conviction to involuntary manslaughter, stating that "the circumstances in which the defendant acted were characterised by confusion, inexperience, frustration, immaturity and some anger, but not malice in the legal sense supporting a conviction for second-degree murder," adding: "I am morally certain that allowing this defendant on this evidence to remain convicted of second-degree murder would be a miscarriage of justice".

Woodward's sentence was reduced to time served (279 days) and she was freed. Assistant District Attorney Gerald Leone then appealed the judge's decision to the Supreme Judicial Court of Massachusetts. Woodward's lawyers also asked the court to throw out her manslaughter conviction. The court affirmed the guilty verdict by a 7-0 vote; in a close, 4-3 split decision the court rejected the prosecution's appeal against the reduction of the conviction to involuntary manslaughter, and the sentence, on 16 June 1998. Woodward then returned to the United Kingdom.

Read more about this topic:  Louise Woodward Case

Famous quotes containing the word appeal:

    I appeal to you, my friends, as mothers: are you willing to enslave your children? You start back with horror and indignation at such a questions. But why, if slavery is not wrong to those upon whom it is imposed?
    Angelina Grimké (1805–1879)

    ... life is moral responsibility. Life is several other things, we do not deny. It is beauty, it is joy, it is tragedy, it is comedy, it is psychical and physical pleasure, it is the interplay of a thousand rude or delicate motions and emotions, it is the grimmest and the merriest motley of phantasmagoria that could appeal to the gravest or the maddest brush ever put to palette; but it is steadily and sturdily and always moral responsibility.
    Elizabeth Stuart Phelps (1844–1911)

    I don’t like comparisons with football. Baseball is an entirely different game. You can watch a tight, well-played football game, but it isn’t exciting if half the stadium is empty. The violence on the field must bounce off a lot of people. But you can go to a ball park on a quiet Tuesday afternoon with only a few thousand people in the place and thoroughly enjoy a one-sided game. Baseball has an aesthetic, intellectual appeal found in no other team sport.
    Bowie Kuhn (b. 1926)