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Oct 28, 2009 12:18 PMPublication: The Southampton Press

Proving Oddone's intentions will be burden of prosecution

Oct 28, 2009 12:18 PM

Making the prosecution of the intentional killing charge more difficult, he added, will be the reliability of witnesses in a bar. “The testimony about his [arms] around the neck for two or three minutes—my sense is that is unlikely to have been the case,” Mr. Carman said. “Time perception in those kind of circumstances is very unreliable. Probably 20 or 30 seconds is more realistic.”

If Ms. Merrifield can convince the jury that Mr. Oddone must have known that he was killing Mr. Reister, or that he at least should have known he might be, then the defense’s arguments of self-defense hit a snag.

“Before you can use deadly physical force, you have to believe that deadly physical force is going to be used on you,” Mr. Lemke said. “Since there are no guns or knives, only hands are being used, considering the totality of the circumstances, [Ms. Merrifield] will show there was no justification for using deadly force. This bouncer hadn’t done anything that would make him think his life was in danger if he didn’t kill this man.”

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I think there's a good chance that Mr. Oddone will kill someone else in a fit of rage if released.
By Sam (252), Westhampton Beach on Oct 28, 09 2:45 PM
The witnesses say that Andrew turned away...and Oddone jumped on his back. Self dense????? I don't think so!! Obviously Oddone wanted to continue fighting... sounds like he has rage issues. Murder2! He is not safe to be loose in society.
By AnonymousSgh (183), Sag Harbor on Oct 28, 09 2:58 PM
1 member liked this comment
Unfortunately I think Oddone will get the lesser charge. I hope not but I have little faith in our legal sytem
By razza5350 (1911), East Hampton on Oct 28, 09 6:21 PM
anonymousSgh....i dont know if u have been at the trial but only one witness said that....many other witnesses have said that oddone was pushed off the bar by the bouncer. i pray for the reister family during there difficult time and for my friend tony
By friend of tony (9), ronkonkoma on Oct 28, 09 10:00 PM
bar? Don't start rumors......
By AnonymousSgh (183), Sag Harbor on Oct 28, 09 11:03 PM
anonymousSgh....i dont know if u have been at the trial but only one witness said that....many other witnesses have said that oddone was pushed off the bar by the bouncer. i pray for the reister family during there difficult time and for my friend tony
By friend of tony (9), ronkonkoma on Oct 28, 09 10:00 PM
I will pray for the Reister family and I am going to add the jury to my pray list.
By Disgusted (45), Sag Harbor on Oct 28, 09 10:40 PM
Its really a stretch to accept the arguement that Oddone believed his LIFE was in danger. Even if you believe the story Oddone was pushed. Okay fine, he was pushed. He was pushed hard lets say. He was cursed at lets say. One of these articles makes a good point that the use of DEADLY force when defending yourself is only acceptable when you fear for your life, when you fear you may be killed first. Is there really any signs, evidence, testimony, etc that the bouncer was going to KILL Mr. Oddone??? ...more
By Sam (252), Westhampton Beach on Oct 29, 09 8:25 AM
2 members liked this comment
Friend of Tony: Have you ever been to the Publick House? The tables or as you are calling it bar is in the seating area and are no higher then thigh high, so please stop trying to make it sound as if he was pushed off a bar and had a distance to fall. Couls you tell me I heard and do not want to spread or create rumors but did mr. Oddone serve in our military?
By MACK (50), Southampton on Oct 29, 09 8:38 AM
The second Mr.Reisters bodywent limp and his arms fell to his side is when humanity was gone and animalistic behavior emerged.To hold on long after that requires derangement.
By STANNER (15), SOUTHAMPTON on Oct 29, 09 12:09 PM
3 members liked this comment
The reporting on a flash point crime like this continues to be both sporadic and superficial. What is this article about??? U quote some guy who wasn't there to say all these witnesses were wrong because time is always shorter. Huh??? How about a reporter who goes to the trial, takes notes, writes articles based on these notes and puts the 911 calls on the web. I know u are the only game in town with Jerry up McGintees butt and Hamptons.com becoming a lifestyle site but come on. It is 2009 ...more
By HB 4 Life (72), Hampton Bays on Oct 30, 09 9:53 AM
i agree, the reporting on this case is very lackluster.
By slamminsammy (104), East Moriches on Oct 30, 09 4:06 PM
Thank you Michael for the fine reporting. We look forward to your next update on the trial this week.
By PBR (4951), Southampton on Oct 30, 09 8:29 PM
The whole thing is horrable. But I do agree with Sam, Oddone has an anger issue and would be very dangerous if allowed on the streets again. I for one if he sat next to me in a restaraunt or anywhere else will get up and leave. Who will be his next victim? Girlfriend or someone who looks at him funny. Whether they prove it was intentional or not, he cant be trusted. He needs a lobotomy.
By North Sea Citizen (564), North Sea on Oct 31, 09 7:27 AM
More crack reporting from the slowest newsroom in the nation. Who cares if this newspaper is a weekly, the internet is a daily at the very least and if the Press doesn't want to update somebody else will come along and put this out of touch liberal bastion to the scrap heap where it belongs.
By HB 4 Life (72), Hampton Bays on Nov 4, 09 10:25 AM
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