Boating Accident/Death off Diamond Island

[secondcurve]

3 1/2 years probably is a reasonable punishment. Hopefully, she gets it all and the state chooses not to retry her (and waste money) on the two charges that the jury was deadlocked on. I would have preferred a guilty plea and her request for leniency. I think in that circumstance leniency would have been granted in combination with a heavy community service requirement and some good would have come from this tragedy.

Anytime someone climbs into a boat like that after 3 1/2 drinks (her version) in the dead of the night in dicey weather you are guilty of negligence in my opinion. The BAC evidence backs this position up, but she had a good attorney and he was able to convince one or two jurors that there was a reasonable doubt.

[ApS]

NR: Nicely said.

Question: For those who attended, was this a trial by six jurors or twelve?

Juries of twelve are common in Capital-Murder cases—not this kind. (Juries of six are said to be more easily hamstrung in decision-making).

Originally Posted by fpartri497

One thing for sure Is no matter the outcome of this trial, EVERYBODY loses

But not to the same degree as one did.

If a civil trial against this defendant follows—as in OJ Simpson's case—everyone paying a boating-insurance premium definitely loses.

That said, NH law makes an exception for an insurance payout when the insured is found to be a felon. (I don't know what happens when a jury finding is later reversed).

Originally Posted by secondcurve

"...3 1/2 years probably is a reasonable punishment. Hopefully, she gets it all and the state chooses not to retry her (and waste money) on the two charges that the jury was deadlocked on..."

1) The defendant was found "Guilty" on the least of the charges.

(In our court system, there is no finding of "Innocent"—and a 3½-year confinement isn't going to happen).

2) The Court and State witnesses are paid regardless of their activity: As FLL points out, an appeal could find the penalty overturned by the NH Supreme Court.

3) IMHO, if there was ever a case for revocation of a boater certification—this is it.

(The remaining "25-horsepower option" can be especially instructive in boat handling safety).



Nellies—First...Welcome to the forum.

1) "Empathy" in this case is a two-edged sword.

As the near-daily operator of boats less than 22-feet long, I'm not wishing to share any part of this lake with this particular felon. Like the Littlefield case, "big" boating—after sunset—has become a "stern taskmaster"

2) If you've been following the newspapers' "comments"...well... enough said on that!


"Threading the needle" meant passage between two shorelines 2000-feet apart! Her purported use of a fathometer is better than nothing, and would have allowed a few hundred yards of warning...BUT...to quote Airwaves' fav-or-ite rule:

RULE 6
Safe Speed
"Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions."

_____________________

"The sea is a stern mistress...She demands from her sons both vigilance and skill in her service, and for the man who fails her the penalty is death...".
—Ajax