HOW CAN THIS REALLY BE JUSTICE?
Teen convicted in hit-and-run tearful on stand

From the Houston Chronicle:

Zipf, 18, was found guilty Thursday in the death of Gwendolen Davey,who was run down by a car on July 23, 2004. Zipf faces a sentence ranging from probation to life in prison.

Davey, 38, a Chambers Elementary School teacher who was engaged to be married, was walking her dog in her Katy-area neighborhood when she was hit by a car driven by Zipf in the 20100 block of Sun Glen Boulevard.

Zipf's attorney, Richard Frankoff, said Davey's death was an accident. He asked jurors today to sentence Zipf to 10 years' probation.

Prosecutor Jennifer Cook asked jurors to give Zipf a prison term of no less than 20 years.

Zipf testified that she doesn't remember anything about the accident except the impact. She said she went to her home nearby and told her mother she had hit someone with the car her mother had rented.

Click here for the rest.

The death of this elementary school teacher is clearly a tragic event --none of what I say about the murder conviction of the girl who caused that death is intended to lessen its tragedy. But why is it murder? Of course, I'm no lawyer, but it seems to me that murder must have some element of intent in order to really be called "murder." According to this article, nobody, including the prosecutor, is asserting that Zipf was trying to kill this woman. Indeed, as far as I can tell, the prosecution made a really good case for manslaughter: Zipf knew that she was prone to blackouts, was driving without a license, speeding, had little sleep, and ran a stop sign. I just don't understand how that adds up to murder.

This case reminds me of something I heard some ten years ago when Larry King was interviewing uber-lawyer Gerry Spence. I don't have access to a transcript, but I did find an article Spence wrote that hits on the same idea more or less:

Too many prosecutors overcharge an accused-with murder, say, when he is guilty only of manslaughter. It is the frightful technique of intimidation. Often, in panic, the accused will admit to the lesser charge without a trial. He thinks he will save himself from being found guilty of the greater crime he did not commit (even though the prosecutor may well know that's true). Some argue the abuse is an acceptable part of the justice game. If so, no one should condemn an attorney for pleading his guilty client "Innocent," and thereafter holding the state to its burden of proof.

Click here for the rest.

Is that what's happened with Zipf? I don't really know, but it strikes me as a distinct possibility. It just drives me nuts to think that this teenager stands to essentially lose any hope of having a productive and meaningful life because of overzealous prosecution. It also drives me nuts knowing that if Spence had been her lawyer, she wouldn't be facing life in prison. I'm sure this case will be appealed, and hopefully real justice will be done, but if Zipf is stuck with an overburdened and underpaid court-appointed attorney, she's toast, and that drives me nuts as well. I'm really beginning to think that the notion of "justice" is a sick joke.

UPDATE: Teen gets probation in murder

From the Houston Chronicle:

One day after convicting Breanna Zipf of murder for a traffic accident that killed a kindergarten teacher, a jury decided Friday that she should serve 10 years' probation.

Zipf, 18, wept after state District Judge Brock Thomas announced the sentence.

Her father said he was glad she would avoid prison.

The father of her victim, however, said he had expected the teen to serve prison time.

"I don't like it very much," said Robert Davey, whose daughter, Gwendolen Davey, was run down July 23, 2004, by a car Zipf was driving.

Click here for the rest.

Well, okay. Nonetheless, I still don't get what made this murder. I hope she appeals.

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