Despite ‘Castle Doctrine,’ defendant is convicted in slaying - PA - Philly
By Mensah M. Dean
Daily News Staff Writer
Philadelphia Daily News
Posted: Wed, May. 30, 2012, 8:51 PM
...............The case underscores how uncertain the claim of self-defense can be, even in a state that revised its "Castle Doctrine" last year to give an individual the right to use deadly force in self-defense anywhere in which a person has a legal right to be. The revised law also eliminated the duty to retreat before using that force. Lowe’s case was featured in March in a Daily News article about the revision of that doctrine. (note: this is a paragraph down in the article that I pulled up front = out of order).
Current Ruling: ........A PHILADELPHIA JUDGE said Wednesday he was convinced that a disabled, retired Marine was being attacked in the moments before he fatally stabbed a man last October, but he concluded that the stabbing was still a criminal act rather than self-defense.
Common Pleas Judge Benjamin Lerner then convicted Jonathan Lowe, 57, of voluntary manslaughter and possession of an instrument of crime. The judge found him not guilty of the more-serious charges of first- and third-degree murder.
"When he had his hands around my neck, I pulled out my knife and started stabbing him," Lowe testified Wednesday.
Stretton noted that Lowe stayed at the scene and cooperated with police, believing himself to be the victim.
Stretton said case law barred him from introducing Manning’s 18 criminal convictions at trial because Lowe wasn’t aware of them and most of them were too old, the most recent from 2002. According to court records, Manning was awaiting trial for allegedly knocking out a woman’s teeth while robbing her two years ago Thursday.
My Comments: It's Philly, and we know who runs the machine there. Might as well be D.C. or Chicago. Also... Sounds like the guy needed a much better Attorney! A non-Jury Trial....?..........bad decision on this one in my opinion (which is not wort spit).
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