And justice for all? Biker wants retrial.
A Jus Brothers Motorcycle Club member is expected to argue Monday that being retried along with his fellow biker will make him look like a killer when he never caused anybody's death.
The attorney for Robert Kenneth Memory has filed a motion asking a judge to try her client separately from Frankie Joe Prater, who had been convicted of second-degree murder in the Nov. 5, 2004, death of 22-year-old Mark Donahue.
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Source: And justice for all? Biker wants retrial.
The attorney for Robert Kenneth Memory has filed a motion asking a judge to try her client separately from Frankie Joe Prater, who had been convicted of second-degree murder in the Nov. 5, 2004, death of 22-year-old Mark Donahue.
Quote from the article:
| For his part, Memory had been convicted on two counts of attempted voluntary manslaughter and two counts of assault with a deadly weapon in the stabbings of two men other than Donahue. The two were in the same brawl outside Shaker's Bar off Country Club Boulevard. Memory and Prater are now awaiting retrial after the state's 3rd District Court of Appeal overturned their convictions. The appellate court found that the trial judge erred by allowing the prosecutor to let jurors believe the Jus Brothers were associated with the notorious Hell's Angels Motorcycle Club. "To try the individuals together would be to invite the same prejudice as occurred in the earlier trial," Memory's attorney, Vittoria Bossi, says in court papers. Her client also deserves a separate trial, because the two men now face two distinct sets of charges. Furthermore, she says, they each waged their own battles that night outside the bar, which she considers distinct incidents in the eyes of the law. |
Source: And justice for all? Biker wants retrial.
