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Brancato Not Guilty of Murder

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A State Supreme Court jury in the Bronx found the defendant, Lillo Brancato Jr., 32, guilty of first-degree attempted burglary, a felony, but said he was not culpable in the death of the officer, Daniel Enchautegui, who was shot by Mr. Brancato’s accomplice after a night of drinking and a search for drugs.

Under the law, a person is guilty of second-degree murder in a killing that occurs in the commission of another felony. But the law provides for mitigating circumstances in a defense. In Mr. Brancato’s case, the jury apparently accepted his contention that he did not directly participate in the killing, was not armed and did not know that his accomplice had a gun. The jurors left without commenting on their verdict.

http://www.nytimes.com/2008/12/23/nyregion...ml?ref=nyregion

First a killer slides in Brooklyn, then the city is let off the hook in Manhattan, and now another killer slides in the Bronx. December has not been the best month for slain emergency service workers.

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He may not have been culpable as far as the law goes but this two-bit junkie was no doubt just as responsible as the other loser who got life.

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He knew about the gun. He committed a felony that resulted in the murder of officer Enchautegui. He knew the guy he was with. He wasn't just some guy he met off the street and decided to rob someone with. You know which of your friends have guns and are likely to carry them. He knew he had a gun. Now he could potentially be out of jail in a couple of months.

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Wow, in the past week 4 SCUMBAGS have been aqcuitted of KILLING A COP in NYC. What a Joke. Is it the jury system or lack of brains by the DA's office? Come on now. I hope Karma comes back and gets all these guys.

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The average American just ain't that sharp. If you read these stories, every single time they talk to Jurors they talk about how one or more of them don't understand something or were confused. OJ beat murder because the Jury couldn't understand DNA. In one of officer Timoshenko's murder's trials the jurors talk about how several jurors didn't understand what the charges meant or even what the prosecution was trying to prove. On the upside 1 is going away, one is up for another trial, and all 3 may be eligible for federal civil rights violations.

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