BUFFALO, N.Y. (WIVB) — Legal experts say Judge Penny Wolfgang made the right decision to overturn the Jeffrey Basil verdict in the face of evidence at hand.
“You find out that a juror lies to the lawyers and to the judge and then the only determination left is it consequential or not? It’s not a big surprise,” Terry Connors, News 4 legal expert, said.
Following the overturned verdict, lawyers are likely looking at another full-length trial, unless the prosecution appeals the decision to overturn the verdict. But even if the trial is done over again, there’s no guarantee the result will be the same, according to Connors.
“There’s always an advantage in the second trial to the defense because you’ve seen the script and you know what to expect, and all you really have to do is counter punch,” Connors said.
Connors said another possibility is the use of a plea deal, and Connors said that certainly wouldn’t be a guilty plea of second degree murder.
“To be a murder you have to demonstrate that there was intent, intent to cause a homicide, to cause the death,” Connors said. “The fact and circumstances the way they developed at trial were very questionable in the sufficiency of that kind of evidence.”