I'm wondering if he doesn't have a good chance at winning on appeal.
My reasoning: he was convicted of "premeditated" murder, when [I think] the indictment should have been for second degree murder, manslaughter or negligent homicide.
Might be worth a try by a good criminal defense lawyer.
Get the right appellate judge or judges, and I think he has a chance.
Not to escape prosecution, mind you -- but to get the existing conviction thrown out, a new trial ordered, and perhaps conviction on lesser charges. Or perhaps even a "plea"...
I agree 100%. If I were the defense, I would not be completely unhappy with the verdict. Premeditated murder is way out of bounds for the circumstances of this case. Premeditated would be if he invited them into his home and then shot them. Premeditated would be if he stalked them or hired a hit-man to kill them. That is premeditated.
What he did was done out of blind fear, combined with defense of his home. From his point of view, because they had robbed him once or several times before, he felt violated, and he thought that they would keep coming back until he put a stop to it. Unfortunately his method of choice to 'stop it', was in fact over the top. But how can it be 'premeditated' if his entire so called plan depended entirely on the actions of the punks?
Someone keeps stealing my bread. If I poision my bread, for example, leave for work and someone breaks into my home and eats my bread, did I kill that guy? Premeditated?
I think it is not over and that he will come out better on appeal. Furthermore, the judge withheld critical details from the jury including that these punks were known criminals and had broken into his house and the homes of other neighbors before this incident. It is the punk perps who were menacing their community, not this guy, who worked with kids at the local high-school. He was defending his home and property.
Regardless of all the custie pictures and testimonials, these were two drug obessed burglars and juvenile delinquents with a talent for B&E. They happen to pick on the wrong guy, in the wrong place, at the wrong time. But it would have happened to them somehow some way anyway. It was the life path they themselves chose.