azdailysun.com News 2009 Jul 1
I realize this item is several months old, but my search did not show anything here on DC more recent than the following thread (if I missed something, I apologize for the repetition):The state Court of Appeals has granted a new trial to a Valley man convicted of second-degree murder in the May 2004 shooting death of a man on a national forest trail in Coconino County.
The court decided that the jury in the trial of Harold A. Fish, 62, was not allowed to hear evidence that might have supported his claim of self defense when he shot and killed Grant Kuenzli. The court concluded that a jury should have heard evidence that Kuenzli acted violently when he was confronted about his dogs.
The court also concluded that the jury should have been instructed more clearly on definitions of self- defense and crimes considered "unlawful physical force" to determine if Kuenzli had been committing a crime when he approached Fish on the trail.
Harold Fish Released from Prison in Self-Defense Case
I can't find anything on whether the state decided to proceed prior to Aug 5. Anyone know the result?Prosecutors cited the court decision and a new law that shifts the burden of proof in self-defense claim cases from the defendant to the prosecutor as reasons not to retry Fish.
But Fish's release from prison doesn't guarantee that he will remain a free man. A spokeswoman for Attorney General Terry Goddard, Anne Hilby, said the office plans to file a petition with the state Supreme Court to review the lower court's decision. The deadline is Aug. 5.