• Earthwormjim91@lemmy.world
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      2 days ago

      Well, the charges he’s pleading to are stalking. Not the murder charges, and pleading in the federal case can get the state case for murder thrown out on double jeopardy under NY law if the federal case is settled first.

      This isn’t that bad of a move for him.

        • Earthwormjim91@lemmy.world
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          2 days ago

          Well yeah. There’s no federal murder charge. Stalking can still carry a life sentence but he’d likely get less than that.

          But, settling the federal case can kill the state case if the federal case is done first.

          If the state case gets underway before the federal case is resolved, there’s no federal double jeopardy law to kill the federal case so he could still be convicted in both.

          It’s always going to be better to only have one case at the federal level than convictions at the state and federal level.

            • Earthwormjim91@lemmy.world
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              20 hours ago

              New York has one of the strictest double jeopardy laws in the country. It applies to charges arising from the same action, not just the same charges.

                • Earthwormjim91@lemmy.world
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                  8 hours ago

                  Well the federal charge wasn’t just “stalking”.

                  It was “stalking resulting in death”.

                  There’s no federal murder statute. The action was crossing state lines to kill him. Federally that’s stalking resulting in death. NY state law that’s murder. Same action, different charges.

                  • LilBobbyTables@lemmy.today
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                    7 hours ago

                    Well not really. Stalking resulting in death wouldn’t necessarily mean they committed murder, would it? If you were stalking someone and they got hit by a car running from you, that’s not murder but it would be stalking resulting in death wouldn’t it?

          • Olgratin_Magmatoe@slrpnk.net
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            2 days ago

            It’s a big risk, in my opinion.

            If I were the rich and powerful who are trying to make an example of him, I’d be pulling every lever of power to make sure the federal case is delayed and the state charges go through with his plea as evidence.

            • Earthwormjim91@lemmy.world
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              2 days ago

              Well thats not a risk. The risk would be continuing on, which would open the door to the delays and the state charges.

              Once he pleads guilty and it’s accepted, the case is done. Sentencing is post trial stuff. A delay in sentencing doesn’t affect getting the state case tossed on double jeopardy. Taking it to trial would allow the state case to continue.

        • Earthwormjim91@lemmy.world
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          1 day ago

          He was facing that regardless. With virtually zero chance of being acquitted, no matter what the internet wants to think.

          By getting rid of the state case though, he stands a chance of getting the federal one overturned on appeal and being free, vs getting it overturned on appeal and then just going straight to state prison.

          • Atomic@sh.itjust.works
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            19 hours ago

            How can he get the case he pleaded guilty to overturned? Can you appeal a case in which you plead guilty?

            • Earthwormjim91@lemmy.world
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              18 hours ago

              There are certain elements that can be appealed. Like the sentence, any constitutional rights issues, etc.

              You can’t appeal the verdict, because it’s an admission of guilt. But there are plenty of other elements you can appeal.