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Deters has previously said that an early straw poll of the jurors found they unanimously supported a murder charge for Tensing, but, at the time an official vote was taken, only a few agreed to vote that way.
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Mr. Rimmer now says he believes Mr. Chavis had only an indirect role in encouraging the killing, though one that could support a murder charge.
"But if they had even a few seconds to stop and think it over and realize their mistake," Professor Berger said, it could support a murder charge.
Ireland's director of public prosecutions has since declared that there is no evidence to support a murder charge against Bailey, who is no longer regarded as a suspect.
"The physical evidence does not support a murder theory at all.
On another key issue, though, the court concluded that there was "ample evidence" of Huguely's malice toward Love and sufficient grounds to support a murder conviction.
In tossing out the murder charge, however, Kiefer said the prosecutor failed to establish that the defendants acted in ways they knew could endanger Benefield's life, as required under state law to support a murder charge.
Those included key allegations by Huguely's defense team that there was insufficient evidence to support a murder conviction in Love's 2010 death and that jurors should have been sequestered during the nationally publicized trial.
The kinds of killings that historically have supported a depraved mind murder involve shooting into a crowd of people, planting a bomb in a public place, striking repeatedly a young child, and driving a car at an excessive speed into a crowded thoroughfare.
In making that ruling, Justice Owens said the prosecution's evidence in the case supported only a murder conviction or an acquittal.
The federal government had accused the Khans of a heinous crime: supporting a conspiracy to "murder, kidnap, or maim persons overseas".
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