| Recommend |
| Comment |
| Email this article |
| Print this article |
| Get news alerts |
| RSS Feeds |
 Share
|
Digg
Mixx
Linked In
Facebook
Twitter
Delicious
Photos by Dana Shaw
Related Articles
Oddone attorney files appeal
Apr 21, 10 12:36 PM
Oddone sentenced to 22 years in prison
Apr 14, 10 6:55 PM
moreThe seventh day of deliberations in the Anthony Oddone murder trial ended at around 6:45 p.m. on Thursday, but not before the court dealt with yet another issue with the jury—this time in the form of a note to the judge from a juror who was reportedly concerned about an argument one or more of the other jurors had been making.
After the note was discussed, defense attorney Sarita Kedia requested that the juror who sent it be dismissed. Judge C. Randall Hinrichs refused. Ms. Kedia then called for a mistrial. Judge Hinrichs refused. A short time later, after the jury was brought back to the courtroom and the judge reissued the official jury instructions for deliberations, Ms. Kedia again called for a mistrial, this time based on her objections to a specific passage about bias. Once again, Judge Hinrichs denied her request and sent the jury back to work.
About an hour later, he dismissed the panel for the night and instructed jurors to return at 9:15 a.m. Friday to resume deliberations.
Earlier in the day, the jury requested that the four charges it is considering, and the criteria for them—specifically regarding proof of intent and justification, which is the legal term relating to self-defense—be read back again.
It was the fifth time the jury asked the charges to be reread.
During its deliberations, the jury has also requested numerous items of evidence and transcripts of testimony from the trial. On Tuesday, the court read back testimony from three witnesses in the case before the jurors were allowed to break at 8 p.m.
The case first went to the jury late in the afternoon on Wednesday, December 2.
After returning to their deliberations Monday following a weekend break, the jury asked to have the four charges facing Mr. Oddone, a 27-year-old college student and golf caddy accused of killing 40-year-old Andrew Reister of Hampton Bays in a bar fight last year, read back to them for a fourth time. The jury asked that Judge Hinrichs focus in particular on the passages in the law concerning intent and how the intentions of a defendant can be interpreted. The request seemed to indicate that the jury was still considering at least the top two charges facing Mr. Oddone, murder in the second degree and manslaughter in the first degree, both of which require the jury to conclude that there was the intention on the part of the defendant to kill or seriously injure the victim.
Mr. Oddone, who had been working at a Bridgehampton golf course for three summers before his arrest following the fatal struggle at the Southampton Publick House, has been in the Riverhead courtroom each day. After the jury broke for the day on Monday, he looked at his mother in the audience and mouthed the words “Hi, Mom” as he was being handcuffed.
He’s been held at Rikers Island Jail in New York City for the last 15 months because Mr. Reister was a Suffolk County corrections officer.
Judge Hinrichs told jurors on Monday evening that he would ask them to work toward a verdict later than the usual 6 p.m. deadline on Tuesday night if they had still not reached a decision.
When the jury delivered a note to Judge Hinrichs Monday morning asking once again to hear the criminal charges against Mr. Oddone that relate to “intent,” Assistant District Attorney Denise Merrifield asked Judge Hinrichs to only read for the jurors the first two charges—second-degree murder and first-degree manslaughter—out of the four charges the jury has to choose from should jurors decide to find Mr. Oddone guilty.
Judge Hinrichs read back all four charges, despite Ms. Merrifield’s request. The remaining two charges—criminally negligent homicide and second-degree manslaughter—do not require the jury to conclude that there was an intent to kill or cause serious physical injury.
Mr. Reister and Mr. Oddone had an altercation at the Southampton Publick House in August 2008 after Mr. Reister, an off-duty corrections officer who was moonlighting as a bouncer, asked Mr. Oddone to stop dancing on a table. According to witnesses, Mr. Oddone refused, Mr. Reister pushed him off the table, and a scuffle ensued, with Mr. Oddone putting Mr. Reister in a choke hold from behind. Mr. Reister fell unconscious and was declared dead two days later, having never regained consciousness.
Mr. Oddone, who was 25 at the time of the struggle at the Publick House, turned 27 last week. Mr. Reister was 40 at the time of his death.
Based on reporting by staff writer Michael Wright.
Add a comment
Total comments by Bwana: 7
Total comments by HB 4 Life: 60
You keep over simplifying the testimony. It would appear that clarifying things for you is futile, but here goes.
There was plenty of testimony that Mr. Reister made the first physical move on the defendant. From Mr. Oddone's perspective he was being attacked by a larger man, and he could have REASONABLY feared for his life at that point.
What happened next is open to a variety of interpretations, and the jury will probably reach a conclusion on this in the ... more next few days.
You make the immediate jump in logic (?) that as soon as the perceived threat was over, Oddone should have become 100% rational again, and that murderous "intent" arose, and that is all there is to it !!!
If you were attacked in such a way, do you think your adrenaline would just stop on a dime? Remember the loud music, alcohol, lots of people around etc. etc.
"cut and dry?"
Hardly.
Maybe the hardest thing for people here to handle IMO is that Mr. Reister made the first physical move, in spite of having PLENTY of other options available. [stop the music, call the police, ask for assistance from other bouncers and managers]
If there is ANY "clear cut intent" here it was Mr. Reister's to get physical when he did.
Bad choice, but it HAS to be acknowledged.
If Mr. Reister had followed the proper protocol he would probably be with us today.
Total comments by PBR: 544
Total comments by jules612: 7
Total comments by pjcd: 23
Just pointing out the facts in this now over-crowded thread. Wouldn't want to lose sight, would we PBR.
Total comments by maryb123: 84
as you said why mr reister's respond with such violence to such regular incidents in nit life ....could even be very unprofessional but it is not what people want to think of .......and we don't want them to think.....just got brainwashed and dragged their mind into what we want them to see
at that point the ability to see the truth and real justice is gone
we make people blind and ignorants
mr reister the invicible overuse his power as a bouncer , playing as a cop when his not ,or playing the invincible, or some make his own way and own rules, or even developpe some kind of anger issues ....see what he got
violence bring violence cause & effects law
he probably underestimate that such a young smaller person couldn't fight him
wrong judgement !
viva america freedom of speech
Total comments by dlb: 15
Total comments by EastEnd68: 250
He made a bad choice, and YOU will not acknowledge that. Why?
Yes, Oddone may be guilty of something, but please acknowledge that Reister made a bad choice BEFORE there was any physical violence. You keep skipping over this moment to the tragic conclusion with which we all agree. One step at a time OK?
Just like the jury.
Total comments by PBR: 544
Total comments by INS: 524
Total comments by pjcd: 23
Total comments by INS: 524
Total comments by shamrock: 22
Total comments by pstevens: 141
at the public house and mr. reister said "yes."
at which point, mr. oddone, could have/should have gotten down. but instead he said: "f... u." this is when reister made his physical move. being asked to remove yourself from aa table top by an employee of an establishment should be enough to get down. apparently for mr. oddone, it was not.
Total comments by concerned east ender: 24
Total comments by Sam: 224
Total comments by slamminsammy: 101
Total comments by porter: 17
Total comments by porter: 17
Bouncers who choose to get physical choose the consequences.
Mr. Reister made a very unfortunate choice, in retrospect. HE INITIATED ... more his own death.
Total comments by PBR: 544
Bouncer vs. Police Officer? Two separate discussions. Why do you compare them?
Oddone was not a "perp" and Reister was not a police officer (at the time).
Two entirely different factual scenarios, and each calls for a different analysis and legal discussion.
Total comments by PBR: 544
Total comments by shamrock: 22
Total comments by BCHBUM11968: 43
Twice you blamed Mr. Reister (the victim) for his own death.
Are you insane?
Total comments by elliot: 121
I did not blame Mr. Reister for his own death. I said he "initiated" it. Slow down maybe and read more carefully.
There is plenty of blame to go around on this tragic incident, but if you can't handle the ALL the truth, then maybe you should not be here.
Total comments by PBR: 544
Total comments by shamrock: 22
Total comments by PBR: 544
Total comments by double-D: 41
Total comments by INS: 524
See reply posted below at 9:55 or so.
Total comments by PBR: 544
Total comments by porter: 17
I agree with you that a shove off a table does not necessarily justify physical force.
Where did I say it did? ("However twisted you thinking may be.")
Do you agree that Mr. Reister made the first physical move?
Thank you.
Total comments by PBR: 544
Total comments by shamrock: 22
Someone has to be here to counter your insensitivity that you so thinly disguise as pseudo-professional, legal knowledge.
Total comments by elliot: 121
You have not answered the crucial question. Did Mr. Reister make the first physical move? If not, please summarize the testimony which indicates this.
Thank you.
Total comments by PBR: 544
Did we miss your reply?
I hope you and your family have a joyous Holiday Season.
Peace on Earth to all.
Total comments by PBR: 544
Total comments by SunshineBOO!: 8
DId Mr. Reister make the first physical move, or did he not, according to most of the testimony?
If not, in your view, please summarize the testimony on this matter.
Thank you.
Total comments by PBR: 544
Total comments by SunshineBOO!: 8
I agree that the actions of Mr. Oddone after Mr. Reister's initial assault are subject to a variety of factual interpretations, and legal conclusions.
This is very complicated situation, and the jury will render its justice.
It would be nice in my opinion if everyone here could calm down a little.
Thanks again for a thoughtful reply.
Total comments by PBR: 544
If there were a fight going on, then a bouncer is expected to used physical force to break it up. A shove is an initiation move, it creates fights, it doesn't ... more stop them.
We can all sit here and say what Oddone should've done, fact is there are very few if any of us that have been in that particular situation. Someone the size of Mr. Reister is not the type of person most would choose to trade blows with, the headlock/choke hold was a logical move to use on a larger opponent. The amount of time it was used was not logical. The person who was pulling Oddone by the feet probably didn't do Andy's neck any justice either.
Total comments by INS: 524
Total comments by jules612: 7
Total comments by shamrock: 22
Total comments by username1: 32
Total comments by double-D: 41
Total comments by INS: 524
Total comments by INS: 524
This one of the most sensible things I have seen written here. A good bouncer always uses his head to try to diffuse the situation.
Total comments by INS: 524
Tell us....what would you like her to do?
You sound like one angry, hateful person that likes to point the finger.
Total comments by Disgusted: 45
He choked someone to death!
Exactly what is Oddone falsely accused of?
Next you'll be telling us that Oddone is some kind of innocent, political prisoner.
Total comments by elliot: 121
Furthermore, i am still waiting to hear if it even legal for a correction officer to work in such a position as bouncer. I would think not!
Total comments by shamrock: 22
Total comments by shamrock: 22
Total comments by jules612: 7
Some tough and unpopular questions are being asked here.
This is what the jury is doing right now!
If you cannot provide rational and calm answers to these questions, if you let your anger mingle in here, can you expect the jury to do better?
Do you want the jury to flail around with their emotions controlling the verdict?
If so, will you accept an "Innocent" verdict because they all got pissed off and wanted to reach a verdict before the Holidays? ... more [Don't laugh, this has probably happened before.]
I challenge you -- post here and reply as rationally as you expect the jury to do, or be willing to accept the consequences of your own angry posts.
Thank you.
Total comments by PBR: 544
Total comments by friend4life: 17
Total comments by fix-it-now: 187
Total comments by Bwana: 7
Total comments by username1: 32
friend4life, I hope your paying attention. If you are than I don't really need to express why I'm disgusted with some of these people talking like this on a forum primarily made up of Andy's loved one's.
Total comments by AlwaysLocal: 176
WHAT? What "mistreatment"? You know what...don't bother with an answer. I think I lost enough brain cells after reading your first heap of garbage.
Total comments by maryb123: 84
Total comments by shamrock: 22
Total comments by jules612: 7
you haven't been paying attention.
the others dancing on the table were women. it was ladies night. when mr reister asked mr. oddone to get off the table, mr oddone asked if he (mr reister) worked there. mr reister replied, "yes."
at which point mr. oddone said, "f...u." this is when he was pushed or shoved off the table. now, it would seem that if a patron is asked to remove himself from dancing on a table by an employee, he would . but he was antagonistic and ... more probably humiliated in front of the "women" which is why he had to prove he was a big man. he proved it. and he'll have to keep proving it in prison, unfortunately.
Total comments by concerned east ender: 24
"Why pick on Oddone?" you asked. Because he was the only person there breaking the rules of the establishment. Now if you are unhappy with what Andy did, please give me an alternative that would've resulted in Oddone getting off the table. Perhaps offer to buy him a drink? Or maybe get on your knees and beg him? How about just letting him do whatever the hell he wants because your not allowed to touch him? Where is the line drawn? I expect and answer from you Shamrock.
Total comments by AlwaysLocal: 176
Thank you, friend4life, for your kind words and standing up to the "cyberbullies" on this blog. You are one of the few who understand that BOTH sides have lost in this situation......
And, username1, you have absolutely NO right to pass judgement on Andrew's widow, Stacey. She has been through hell and back, is still in a state of shock, has not been given the time to grieve because of this trial...and you criticize her for playing cards, having an occassional laugh, and snacking while waiting for this verdict to come in. Much of the sunshine in her life was taken away from her when her husband was murdered, and when there is an occassional ray of light, she should be able to grasp at it. For you to knock her down simply states the lack of compassion you have for another human being. As my mom always said, "Think before you talk.", or, in this case, "Think before you write."
Total comments by beachgirl: 7
Everyone keeps saying how Resister was Murdered, isn't that what's being decided now buy the jury? Depending on the outcome, what happened will then have it's label.
Total comments by INS: 524
a defendant ... more can't take the stand, give his side of the story and then just take the 5th for the questions he doesn't want to answer. anyone who actually practices criminal law knows and understands that.
Total comments by eclipse: 7
Total comments by fix-it-now: 187
Total comments by INS: 524
Total comments by eclipse: 7
a defendant ... more can't take the stand in his own defense and then when the questions get hard and hes backed into a corner, take the fifth. once a defendant chooses to take the stand in his own defense, that ship has sailed. unless a new crime comes into play (like perjury) he has to testify on topics that are relevant and those that are within the scope of his direct examination. another witness can take the Fifth and choose not to incriminate him or herself but that's not the case we have here.
And practically speaking, if the defendant were to take the stand in his own defense, then try and assert his justification defense and then when the ADA started to poke holes in his story, take the 5th he would only be sealing his own fate. either he was justified, or he wasn't. if he was justified, there is no incriminating himself. if he did, then he would need to take the 5th.
Total comments by eclipse: 7
Total comments by INS: 524
Total comments by eclipse: 7
There is a reply on your first comment about autopsy / evidence in the Mistrial article --- have you read it ?
Total comments by fix-it-now: 187
Once a person testifies to a topic that is under consideration in that case it is fair to cross examine the witness on that point. The witness may, nonetheless, assert his Fifth Amendment right and stop answering questions. HOWEVER...
If the assertion of the Fifth Amendment prevents cross examination of a topic testified to on direct ... more examination, then the Court would strike his/her testimony and direct the jury to disregard the testimony. That is worse than sitting down and keeping quiet in the first place.
Total comments by Publius: 307
you need a comprehensive english class.
Total comments by concerned east ender: 24
you a depends, to where across your face to catch that ____ you are talking!
Total comments by INS: 524
Forgiveness empowers.
Total comments by PBR: 544
And, PBR, good will towards men....
Total comments by beachgirl: 7
Total comments by PBR: 544
This was totally uncharacteristic of me. I never did it before and I never did it again. The people I was with took me off the table and told me to calm down. Mrs.Equalizer was not a happy camper after that one.
I guess France has a way of bringing out the worse ... more in some people.
At Senor Frogs in Cancun it is customary for patrons to go wild and jump up on the table and throw popcorn all over the place. Your punishment, if they get to you is for you to be thrown into the water outside of the window. All in good fun. The wife and I sat there in total amazement watching the crazy kids act like this. It was considered good clean fun .....if you didn't drown. But I suppose you quickly got sober.
In my former career I have been witness during and after the fact where bouncers have beaten people senseless and the cops turned a blind eye to it. In at least two occasions I knew that people were killed from those beatings.
Does anyone know what the situation is at the Publix House? The very idea they would have more than one bouncer leads me to believe that riotous behavior is the norm.
This, in no way is a criticism of Andrew Reister. From all I have heard about him is that he was a pretty decent guy that was respected by his friends and family, and even the inmates at Riverhead Correctional. It is a damned tragedy for this to have happened to him and his family.
The poster that said that Oddone has a record for violence appears to be slanderous. Does that poster know this for a fact?
What I do know from a very informed source is that Oddone was a good kid that never got into any trouble. Unitil proven otherwise, I will go with my source.
Who is your source, the SCPD or DA looking to infect a jury with false rumors? That is a standard practice of theirs. Vilify a defendant so that others will turn their backs on them.
Why did the Southampton cop put in the booking report that Oddone was 'intoxicated', and then say on the stand in sworn testimony that he was mistaken? I'll tell you why - is was told to say that by either the SCPD detectives, the DA, or both. They had already decided to crucify this guy by making him sober, and therefore, in charge of his faculties. Why do that if you are interested in justice? It is what it is. The guy was on the table dancing. What do you suppose got this allegedly decent young man to jump up on a table and make a fool of himself? They are doing this solely for political purposes to satisfy the 'angry mob.'. It just wasn't good enough to go with what they had, no they had to distort the truth.
Why didn't Oddone stay and wait for the police? He was probably scared out of his wits that he would receive like treatment from the other bouncers. Who knows what he was thinking; he just wanted to get the hell out of there.
Whatever Anthony Oddone deserves he should get - nothing more, nothing less. In Suffolk County, I have very litte faith that justice will be done no matter how the verdict comes in.
Total comments by THE EQUALIZER: 62
Total comments by pstevens: 141
Judge Hinrichs is up for re-election in 2011, which is not that long enough time to recover from the wrath of the DA and the petty politicians that may make it difficult for him to be re-nominated for the 2011 election.
Even ... more if the judge plays it according to Hoyle and Oddone is acquitted or is convicted of a much lesser charge, the Judge will be lobbied to give Oddone the maximum allowed by law. The probaton department will see to it that Oddone will not receive a fair pre-sentencing report. This is what these people do - they intimidate those from doing their jobs properly to satisfy their insatiable thurst for blood.
What I did like about Judge Hinrichs is that he took the time to quiz all the jurors in his chambers for more than 2 hours to determine if the jury had been tainted. So far, so good. We will have to assume the judge has been doing his job properly.
Judge Hinrichs was a long time member of the District Attorney's Office. He became a judge in 2001, or before Spota assumed office in 2002.
Serita Kedia is no pushover. She is beholden to no one other than her client. My information is that Ms. Kedia has already preferred charges against another Suffolk judge in another case she tried, and won - no sour grapes. Not that much will come of it, I guess, because the Commission on Judicial Conduct is just as corrupt, if not more corrupt than Suffolk County. My guess is the CJC are gnashing their teeth over this one.
Total comments by THE EQUALIZER: 62
Total comments by maryb123: 84
You previously posted about "verbal diahrea."
Did you mean "diarrhea?"
Is this what the "D" in your moniker refers to? The double D?
If you have the intestinal fortitude (no D-word please), please enlighten us.
Did Mr. Reister make the first physical move on Mr. Oddone?
If not, please summarize the testimony now before the jury which indicates this.
Thank you, and I hope you and your family have a joyous Holiday Season.
Thank ... more you.
Total comments by PBR: 544
No, the SCPD or DA did NOT try to "Infect the jury with false rumors." I actually have read AND remembered the history of this case.
If you're interested in the TRUTH, look back at previous articles: The August 19, 2008 article in 27East states: "The judge also ruled that some of Mr. Oddone’s criminal history could be discussed during the trial. Mr. Oddone was convicted of petit larceny in 2004, after he and another man were caught stealing electronics from an ... more upstate WalMart they worked at and selling them on eBay. Ms. Kedia said that if such criminal history were admissible she may have to refrain from calling Mr. Oddone to the stand, to prevent the subject from being broached."
In addition, the article continues: " The judge, however, disallowed discussion of Mr. Oddone twice violating his probation—once for receiving a summons for unlicensed operation of a motor vehicle, a misdemeanor, and again for moving to Long Island when he transferred colleges in 2005—as well as his arrest in 2005 for destruction of property when he threw several tables and chairs off a patio at a bar and an incident in which Mr. Oddone was accused of striking another man with a beer bottle while Mr. Oddone was working as a bouncer in a bar."
So, there you go "EQUALIZER" - yep, the defendant himself worked as a bouncer in a bar, hit another man with a beer bottle....hmmm....what were the earlier comments about bouncers? Oh, that's right - YOU stated, "In my former career I have been witness during and after the fact where bouncers have beaten people senseless and the cops turned a blind eye to it. In at least two occasions I knew that people were killed from those beatings." SO, does this characteristic fit ALL bouncers? Including the defendant?
INS and username1 seem to agree with you, too - they stated:
"username1 - You nailed it! "Real bouncers with brains difuse situations, not attack people inside a crowded bar."
This one of the most sensible things I have seen written here. A good bouncer always uses his head to try to diffuse the situation. "
Did the defendant use his head when he acted as a bouncer upstate? Did he continue to use it in the same manner in the Publick House?
Do some accurate research, gentlemen, before you go around accusing people with slander. Unlike others, I would never post something that I could not back up with a fact.
Total comments by beachgirl: 7
You quote the media for the Truth? The jury in this case did not get to consult the papers. What about the testimony? That is ALL the jury is considering.
You say that a good bouncer uses his head to diffuse a situation.
DId Mr. Reister do this in your personal opinion?
Did Mr. Reister make the first physical move?
Thank you.
I hope that your and your family have a Joyous Holiday Season.
Total comments by PBR: 544
Total comments by maryb123: 84
By the way..Mr. Oddone's criminal history is a matter of public record. His own "friends" have admitted to the incidents on this very board. However... if you STILL cannot accept the facts, you can always come back with the ol' "Did Mr. Reister make the first physical move?". Because that line has made you ... more appear so very intelligent, thus far.
Pfft.
Total comments by maryb123: 84
Total comments by THE EQUALIZER: 62
do not believe everything you read - or were you never told that before?
what happened is a tragedy - Reister did not use his head - he incited instead of defusing.
and again i ask - is it legal for a correction officer to moonlight as a bouncer?
Total comments by shamrock: 22
So there you go. Turns out your worn-out ... more question is not only repetitive, but it's weak and moot. So why don't you calm down already, stop being so nasty & hostile. The jury will come back with a verdict soon, and you'll be available to direct your anger elsewhere.
Total comments by maryb123: 84
what planet do you live on. the first physical move justifies defense.
Total comments by shamrock: 22
I typed it TWICE up there. But go ahead and read it yet one more time, or over and over, until the light bulb comes on. When you're ready, tell me the mistake you made. Then, sit on your hands for a few days, because you cannot seem to post anything without looking most ignorant and ill informed. Thanks in advance.
Total comments by maryb123: 84
Trust your sensible reasoning is recognized some.
Long you stood at the edge of the supposed rabbit hole -- you did not stumble in ---you jumped feet first and it is a snake pit -- welcome !
Total comments by fix-it-now: 187
Total comments by maryb123: 84
Trust your sensible reasoning is recognized by some.
Long you stood at the edge of the supposed rabbit hole -- you did not stumble in ---you jumped feet first and found it is a snake pit -- welcome !
Total comments by fix-it-now: 187
IN addition, PBR, I was NOT the one who stated that a good bouncer uses his head to diffuse a situation. When quotations are used, and another source is cited, those are that person's words. So, go back, and reread, it was username1 who first stated that, and then INS agreed. When I referred to them and that statement, I was trying to bring home a point - they have consisitently inferred that Andrew Reister used brute force, and that a bouncer should not do that. ... more By quoting prior articles, I was hoping to show that the defendant, who was a bouncer as well, had used physical force that ended up being arrested.
I know the jury can only consider the testimony, PBR. I'm well aware of that fact, and of the fact that Mr. Oddone could not take the stand to defend himself, or the jury would gain knowledge of his past. Public record has it that there have been prior arrests, PBR, I just went back and quoted 27east for time purposes. I'm sure 27east could not post such information if it were slanderous. Perhaps if you have the time ( and with 80 comments under your belt, I'm gathering you do) , you can do further research and enlighten us tomorrow.
Sleep well, and you, too, have a most blessed Christmas!
Total comments by beachgirl: 7
Total comments by PBR: 544
Peace on Earth has started.
God Bless.
Total comments by PBR: 544
By playing "who started it" on this board is so far beyond what matters. What matters is that two children will spend ANOTHER Christmas without their Dad...and some of you have thrown around "blessed" Christmas wishes as off handed insults.
PLEASE take a moment to remember that anyone close to this trial (on either side) probably will not feel blessed this Christmas and anything that you ... more post on this board will not change that fact!
Think before you Submit......an early New Year's Resolution perhaps?
Total comments by wondering: 57
May your words be heeded, though I fear they will not be -- especially after the verdict is rendered.
It is said that a Mediator feels that a good decision has been reached if neither side is happy. Perhaps it will be the same with this jury's verdict.
Total comments by Frank Wheeler: 731
Total comments by Sam: 224
Folks, please try to refrain from insulting each other. It's a very emotional case, and we're trying our best to let the discussion go on without a lot of intervention from us. But let's stay on topic and keep the personal insults to yourselves.
Total comments by Joseph Shaw, Executive Editor: 108
Total comments by THE EQUALIZER: 62
At any time during its deliberation, the jury may request the court for further instruction or information with respect to the law, with respect to the content or substance of any trial evidence, or with respect to any other matter pertinent to the jury's consideration of the case. Upon such a request, the court must direct that the jury be returned to the courtroom and, after notice to both the people and counsel for the defendant, ... more and in the presence of the defendant, must give such requested information or instruction as the court deems proper. With the consent of the parties and upon the request of the jury for further instruction with respect to a statute, the court may also give to the jury copies of the text of any statute which, in its discretion, the court deems proper.
Total comments by Publius: 307
Total comments by FOTO: 35
Total comments by HB 4 Life: 60
Either we trust juries to make intelligent and informed decisions or we don't. Two hundred plus years ago we chose the former when the constitution was ratified.
Total comments by Publius: 307
Total comments by FOTO: 35
Total comments by HB 4 Life: 60
Total comments by BOReilly: 108
Total comments by FOTO: 35
Total comments by Joseph Shaw, Executive Editor: 108
Total comments by grimag: 38
Total comments by slamminsammy: 101
It is reasonable to conclude that Mr. Oddone saw Mr. Reister as a threat and did in fact defend himself. He went too far though, and ... more that is what makes him guilty in my eyes.
Again, i am not a lawyer and do not know either party, so if i'm wrong on the laws or facts, please correct me without flaming. It's getting pretty crazy in here.
Total comments by jpcamaro70: 3
Total comments by East End Guy: 21
NO INTENT ? KEEPING A CHOKE HOLD ON HIM UNTIL HIS BODY GOES LIMP ?? THEN LIKE A MUDEROUS PIECE OF GARBAGE, RUNS AWAY FLAGS THE NEAREST CAB, AND WHEN THE CAB IS BEING FOLLOWED BY PD, TELLS THEM NOT TO STOP. HE KNEW WHAT HE WAS DOING , AND WHAT HE HAD DONE, LETS STOP THE BULL$%^&.......THATS FRIGGIN INTENT.......
Total comments by BCHBUM11968: 43
The ... more whole point of a choke is to hold it until your opponents body goes limp. It's not deadly if you let go.
Total comments by East End Guy: 21
Total comments by FOTO: 35
to much salt water to the brain?
Total comments by shamrock: 22
doesnt make sense.................
Fleeing- removing oneself from a place, scene, etc.......nowhere does it say woods, bus station (??) or airport...........
Total comments by BCHBUM11968: 43
Total comments by EastEnd68: 250
beachgirl
HB 4 Life
porter
elliot
AlwaysLocal
Double-D,
This was indeed a tragic event.
I have reviewed the comments from last night, and I don't see any posts from any of you acknowledging that Mr. Reister made the first physical move. Did I miss your posts on this?
Before you reply in haste, please read the posts from last night in which I did say that whatever happened after Mr. Reister's initial assault was open to factual and legal ... more discussion. Yes, Mr. Oddone may be guilty of some crime based on his actions AFTER Mr. Reister CHOSE to assault the defendant.
Let me repeat that, yes, Mr. Oddone may be GUILTY of a crime. I am not excusing or justifying his actions in ANY way. I am simply trying to take the facts one step at a time, in a calm analysis of the chain of causation.
Sunshine at least had the decency to step up to the plate and acknowledge that Mr. Reister made the first physical move.
Can you?
Total comments by PBR: 544
Total comments by double-D: 41
The repeated request for instructions by the jury seems to suggest they are focused on the element that differentiates the four charges under consideration.
1. the intent to kill
2. the intent to cause serious physical injury
3. the conscious disregard ... more of a substantial and unjustifiable risk that Mr. Reister could be killed.
4. the failure to perceive a substantial and unjustifiable risk that Mr. Reister could be killed.
There is a little more detail to the charges in this regard. But that is the essence of Murd. 2, Man.1, Man. 2 and Crim. Neg Homicide.
Total comments by Publius: 307
Total comments by Sam: 224
Total comments by FOTO: 35
Sort of like the difference between guiding kids when you want them to do move along..or actually shoving them forward.
Total comments by Disgusted: 45
Think - in a bar setting would you push or nudge? i think push is the answer.
Total comments by shamrock: 22
It should be pretty easy therefore for everyone to step up to the plate and acknowledge the first physical contact by Mr. Reister.
double-D, please re-read my recent post. I said twice that whatever happened after Mr. Reister chose to make physical contact was open to debate, and that Mr. Oddone may be guilty of a crime.
Total comments by PBR: 544
Total comments by East End Guy: 21
Total comments by Disgusted: 45
Just trying to establish one basic fact at a time, similar to what the jury is doing. A very simple request IMO.
Funny that many commentators cannot step up to the plate regarding what FOTO posted is an accepted fact -- Mr. Reister made the first physical move.
"The Truth Shall Set You Free?"
Total comments by PBR: 544
Total comments by concerned east ender: 24
Total comments by username1: 32
Total comments by fix-it-now: 187
That can't happen!
Total comments by Disgusted: 45
Someone has been watching too many OJ trial reruns on Court TV.
Total comments by maryb123: 84
Another thing i was thinking...if Mr. Reister pushed Mr. Oddone off the table and Mr. Reister didnt turn his back on him how exactly did he wind up in a chokehold?
Theres no way a guy 4 inches shorter than a man 75lbs heavier than him automatically gets him into a hold like that. This isnt the WWF. There must have been a short physical exchange between the two for Oddone to even get into position to make that hold on him. Oddone probably put him ... more in that hold to stop being manhandled and obviously took it too far. Maybe Oddone watches too much UFC.
Total comments by slamminsammy: 101
Total comments by Disgusted: 45
Do you acknowledge that Mr. Reister made the first physical move on Mr. Oddone?
Thank you.
Total comments by PBR: 544
Total comments by Disgusted: 45
OK I guess we can take your tacit admission ("Perhaps he nudged him to get down") as a half-hearted acknowledgment that Mr. Reister made the first physical move.
Did you see FOTO's post that the ADA has accepted as fact that Mr. Reister pushed Mr. Oddone off the table? [I assume this is accurate -- no one has challenged it.]
After all this time, if you can't acknowledge the accepted facts (which even the DA accepts), how can we, and the jury, move on?
"nudged" ... more ???
As I have posted MANY times, what happened after the "nudge" is open to all kinds of discussion, and that Mr. Oddone may be guilty of some crime,
But, you must realize IMO that the effort it has taken for you admit to even a "nudge" is part of the problem here.
PS -- You quote Mr. Oddone at the end of your post. Please tell us where this quote comes from.
Total comments by PBR: 544
Total comments by Disgusted: 45
Thank you for the reply.
Total comments by PBR: 544
Officer Rodecker’s statement says that Mr. Oddone asked at one point why he was being held. He recalled dancing on the table with the girls and said “they were loving him” and “the next thing he knew, he was getting dragged out of the bar.”
I didn't have the quote exactly right from memory... but close. Sorry. I do like to try to be accurate.
Total comments by Disgusted: 45
no nudge - it was a push, a shove from someone Oddone didn't know, didn't id as a bouncer.
the question is: should Reister as a correction officer, with all his training, with all his experience known not to provoke? but as i said before Reister was use to people doing as he told them - unfortunately Oddone didn't know that Reister was a bouncer and a correction officer. I imagine he thought he was some perp starting trouble in a bar.
Total comments by shamrock: 22
Oddone told him repeatedly to get off the table. Reister cursed him out! Thought Reister was some perp starting trouble? Oddone was dancing on the table!!!
Is that normal behavior in a bar?
Total comments by elliot: 121
As for if this is normal behavior in a bar, I guess it depends on what bar you are in and what gender you are.
I can see you were a bit worked up when you responded to that comment so I understand what you meant by the the first two sentences. ... more
Total comments by INS: 524
get a grip. oddone ASKED reister if he worked at the public house. reister replied, "yes." at which point oddone said... "f..u."
he KNEW reister worked there. maybe he didn't know he was a BOUNCER but he knew he WORKED there and was asking him to get off the table. oddone refused when he said..."f...u" which is why he was pushed.
Total comments by concerned east ender: 24
I those dirty 30 didn't believe Andrew Reister ... more was dying then how could Oddone know?
Total comments by THE EQUALIZER: 62
Feeling threatened is walking alone and getting mugged. Feeling threatened is being stalked. Being told to get off a table .. that is being told to follow the rules...that is not being threatened.
Put this in the proper prespective. This was not self defense. This is an excuse for being out of control.
Total comments by Disgusted: 45
Please tell us where your quote of Mr. Oddone comes from.
Have you been a victim of physical violence?
Were you mugged or stalked?
Thank you.
Total comments by PBR: 544
I chose not to answer the other two questions, they are out of context.
Total comments by Disgusted: 45
Thank you. I understand.
Peace on Earth.
Total comments by PBR: 544
Total comments by PBR: 544
That Oddone quote "the girls were loving me" came from the same department that wrote "INTOXICATED" on the arrest report, then testified in court that he wasn't intoxicated, but that the officer made a mistake, saying he meant to write that he "smelled strongly of alcohol", so I'm sure that it's a very "accurate" quote.
Fortunately for Mr. Oddone, the jury heard ALL the testimony AND cross examination, not just the testimony reported in the paper.
Although to be fair, ... more the Press did a wonderful job with the coverage of the summations of the DA and the defense.
My heart goes out to Stacy Reister as this entire ordeal has got to be excruciating, but I do think some here have rushed to judgement without nearly the knowledge of the testimony that the jury is so carefully weighing. (some of which changed quite dramatically from August 2008 police statements to November 2009 testimony)
Total comments by open mind: 18
you are so correct.
Total comments by shamrock: 22
Riester was PISSED!. He was enjoying doing his "sexy-man" dance for the female patrons. He was finally pulled down off the table by Oddone and it hurt his pride.
He was mortified! He was insulted in public in front of women.
He wanted ... more to teach the bouncer a lesson!
Any claim about self defense is pure fantasy. PURE FANTASY. Period.
Total comments by elliot: 121
Total comments by elliot: 121
Total comments by localbigboy: 6
Each person who posts here can sit at their computer and without personal inconvenience ... more log on or log off from discussions, all the while maintaining a principled but unyielding position. We ask the jurors to be different than us. They don't get to log on or off, and they are asked to examine and re-examine their positions with the goal that they ultimately reach unanimous agreement.
Imagine if you were tasked to reach a unanimous decision with those who post here. Would you be able to do it? I want to take a moment to thank this jury for the commitment of time they have made to this case. So many people avoid jury duty, and it is easy to shirk this civic obligation. In the end each of these jurors will be richer for the experience, but right now they are undertaking an extraordinarily challenging job. Thanks to the 12 plus 2 alternates for serving.
This jury has been working productively, they are working on the evidence and requesting instructions on the law. Those are the tools of productive persuasion in the jury room. They have not thrown up their hands, however, exasperated they may be at this point. That is a remarkable thing. Imagine sharing this deliberative process with the others who post here.
Okay, that was pretty preachy. sorry.
Below I have provided the standard jury charge that is given to a jury that says it is deadlocked so that those who are interested can read it, if not don't and I still won't have wasted newsprint.
There has been no deadlock note given, but if one is forthcoming you can expect the following instruction:
Deadlock Charge
Ladies and gentlemen, I have your note indicating that you have been unable to agree on a verdict.
As I told you in my initial instructions, any verdict you return [on any count], whether guilty or not guilty, must be unanimous. If you cannot reach a unanimous agreement [on a particular count], you cannot return a verdict [on that count], and a new trial will have to be scheduled before a different jury.
It is not, however, uncommon for a jury to have difficulty initially in reaching a unanimous verdict, and it is not uncommon for a jury to believe that they will never be able to reach a unanimous verdict. But, after further deliberations, most juries are able to reach a unanimous verdict. And, so, I will ask you to continue your deliberations.
But before I do, I want to remind you that, when this trial began, many prospective jurors were called and questioned. Many were excused for one reason or another. But you ladies and gentlemen were selected to serve. That means that of all the prospective jurors called in this case, you were the ones in whom both sides expressed confidence. Both sides were convinced that each of you would be fair and impartial, that each of you would listen carefully to the evidence, to the arguments, and to the law, and that each of you would deliberate with your fellow jurors and work hard to reach a unanimous verdict that was consistent with the law and the evidence. Both sides continue to have confidence in you, as do I.
Ladies and gentlemen, you make up a very good jury. There is no reason to believe that the presentation of this case again would be to a jury that is any more intelligent, reasonable, hard working, or fair than you are.
I want to emphasize that I am not asking any juror to violate his or her conscience, or to abandon his or her best judgment. Any verdict you reach must be the verdict of each juror, and not mere acquiescence in the conclusion of others. But I am asking you to continue deliberating, and to resume your deliberations with an open mind.
Start with a fresh slate. Do not feel bound by how you felt before, whether you favored conviction or acquittal. Have the courage to be flexible. Be willing to change your position if a re-evaluation of the evidence convinces you that a change is appropriate. Do not, out of pride or stubbornness, adhere to an opinion or conclusion that you no longer believe is correct.
Be honest with yourselves and with the other jurors. Listen to the other jurors and evaluate what they have to say. Do not let anything prevent you from carefully considering what they say. Remember that each of you made a commitment when you became a juror that requires you to reason and deliberate together to reach a fair and a just verdict based only on the evidence. Of course, while a discussion among all jurors may at times be intense, I'm sure you understand that it can and should also be respectful of the feelings and opinions of other jurors.
I urge that each of you make every possible effort to arrive at a just verdict here. Make certain that the decision you reach is based solely on the evidence and the law, and is not influenced or affected by sympathy for or against any individual, or for or against either side. Be sure that no baseless speculation, no bias or prejudice for or against any individual, enters into your deliberations.
If I can help you in any way, whether through a further or repeated readback, or through a clarification or restatement of the law, I stand ready to do so.
Again, please make every effort consistent with your conscience and the evidence in this case to harmonize your views and decisions in this case with those of the other jurors. To the best of your ability, I ask you to apply common sense and good judgment.
Finally, ladies and gentlemen, I appreciate that the process of deliberations can be difficult. Frankly, it wasn't intended to be easy. So, in accord with your oath [and your promise to me at the beginning of the trial], please continue to deliberate with a view towards reaching a verdict.
Total comments by Publius: 307
have another drink and go to work. you are 3 to 11 today
Total comments by username1: 32
Total comments by Sam: 224
Total comments by EastEnd68: 250
Total comments by FOTO: 35
Total comments by HB 4 Life: 60
Total comments by PBR: 544
Total comments by fix-it-now: 187
Long posts such as Publius' offer valuable information regarding the law, and i, for one, enjoy his posts. He doesn't slam anyone, his writing is concise and intelligent, who cares if it's long.
Total comments by East End Guy: 21
The jury here does have a difficult task before it, and it appears to be doing a mature and thoughtful job. Hopefully the instruction you posted ... more will not be necessary, but it is a good thing to read it ahead of time if it is required.
BTW it was not entirely clear that the lower 2/3 of your post was a quote from the jury instructions book, and quoting only part of it would not have made sense IMO. Could you post a link for locating the jury instructions online, if available? Thanks.
Also, Michael Wright has posted a new article today.
Total comments by PBR: 544
http://www.courts.state.ny.us/cji/
There are times judges have novel issues which require them to take language directly from case law and compose their own, but these are pretty comprehensive. If you go to Penal Charges, the homicide instructions are under Article 125.
Total comments by Publius: 307
http://www.27east.com/story_detail.cfm?id=250924&town=Southampton&n=Oddone%20Jury%20a%20week%20into%20deliberations
Total comments by PBR: 544
Wouldnt that be nice?
Total comments by Sam: 224
Total comments by East End Guy: 21
That's inimical to the whole concert of a free press.
Total comments by Frank Wheeler: 731
Total comments by East End Guy: 21
It is also a myth that when a defendant ... more does not take the stand in their own defense that it doesn't weigh on the jury when they deliberate.
My personal opinion of the case is that Oddone is probably 'guilty' of something, but not nearly what the prosecution suggests to the jury.
I am also of the opinion that the district attorney was persuaded by political forces to go for the limit on the case. Not that Tom Spota needs such urging from outside forces as he will do it very well on his own.
Total comments by THE EQUALIZER: 62
Total comments by HB 4 Life: 60
Total comments by PBR: 544
Total comments by BCHBUM11968: 43
Total comments by East End Guy: 21
Total comments by elliot: 121
Total comments by PBR: 544
Total comments by Hand of God: 13
You have asked that question numerous times of numerous posters. Testimony from more than one witness seems to indicate that SOME LEVEL of physical contact was initiated by Reister (I think you know that). What is the significance of your question? Do you believe ALL physical contact bears the same level of grievousness? How do YOU believe that affects what a proper verdict should be?
Total comments by VOS: 57
Total comments by East End Guy: 21
Total comments by Frank Wheeler: 731
Mr. Reister pulled Oddone off the table, as was his right and responsibility.
Late nights at bars with drunks require the presence of a bouncer. Reister told Oddone repeatedly to get down. FInally, Oddone cursed him out.
That's the big red flag for any bouncer. After he got Oddone off the table, Oddone got him in a headlock from behind and choked him to death, the horrible details of which I shall not include here.
Oddone is certainly guilty. ... more I await the jury's verdict.
Total comments by elliot: 121
Total comments by THE EQUALIZER: 62
Total comments by fix-it-now: 187
tell me, angry one, what would YOU do?
Total comments by elliot: 121
Total comments by East End Guy: 21
and unfortunately i dont think any of those apply to a push/shove off a table by a bouncer.
Total comments by eclipse: 7
Total comments by INS: 524
Total comments by porter: 17
And there is also an error above, PBR stated, "- Did you see FOTO's post that the ADA has accepted as fact that Mr. Reister pushed Mr. Oddone off the table? [I assume this is accurate -- no one has challenged it.]" Consider it challenged, ... more asked Stacey about that, too, and there was NEVER any such occurance. Just felt like I needed to clarify that point.
Shamrock also states, "Alwayslocal - Mr. Reister was the bully - i wonder who else was dancing on that table - Oddone is about 180 lbs - Reister about 285 lbs. Why pick on Oddone, someone a lot smaller. - Reister as a correction officer was use to people obeying him - Oddone didn't know who he was, bouncer or drunk." Shamrock, many witnesses testified that Andrew DID identify himself - he was wearing a shirt with the words "Publick House" written on it. I saw that shirt, as it was being held up as evidence, with Andrew's blood on it. In addition, Andrew's blood was also on the defendant , a smear across his wrist. I like how the words "about" were used to mention weight. No one has argued the point that Andrew was taller and heavier than the defendant. However, when I saw Andrew at Stonybrook Hospital, on a respirator, there were many machines around, some on his bed. There was testimony that there was an initial weight that was much heavier than Andrew because the machines were not taken off. His weight was recalculated - I do not remember what it was, but it was significantly lower than 285.
Sorry this post is long and verbose, I know it went over the limit many wish to have on here.
Total comments by beachgirl: 7
Total comments by username1: 32
The only problem I have with this case is that Spota is trying it. You can't expect that Oddone would get a fair and unbiased trial. For all I know Oddone could be a serial killer. If Spota tried bin Laden I would question the charges.
That witch that is trying Oddone used to fly into the courtroom on her broom to look in on her husbands frame job trial.
The husband and the wife probably hang by their ... more claws upside down on trees each night.
In the case I was involved with, Merrifield's husband filed a motion to gag the defense attorney from speaking out of school about him to others. Most incredible document I have ever read,
It seems as though the defense attorney's law firm represented Merrifields first husbad in a custody suit for the children that were living with her. It went to family court. You can check for the results yourself as to where the child wound up......then ask yourself how come?
The first husband then had letters sent to the IRS and Town he lived in that he an illegal tenant in his home and not reporting the income.
He was trying to put food on the table for his kid, and somebody was trying to make that as difficult as possible.
Don't tell me about the DA and this prosecutor. They are low life parasites getting their rocks off by persecuting people and ruining their lives.
Total comments by THE EQUALIZER: 62
Thank you for your post.
In a quick review of the articles here I have found two instances in which witnesses say that Mr. Reister made the first physical move.
10/28 article -- Goucher is witness ("shoved")
11/30 article -- Cohen is witness (friend also testifies) ("knocked the guy to the ground . . . extremely aggressive . . . inappropriate")
This is one of the factual issues which the jury must resolve, of course, and they seem to be doing ... more a thorough job. Hopefully this trial will be over fairly soon, with a verdict which resolves this phase of a tragic event.
Total comments by PBR: 544
think
Think " Kangaroo Court " !
Total comments by fix-it-now: 187
From here on out, we'll post updates like we have above--at the top of the latest article on the case--so web readers won't have to go searching through comments for updates as they become available.
We will incorporate updates into the story as the week continues, and we'll continue to post updates at the top in similar fashion.
Total comments by Joseph Shaw, Executive Editor: 108
When I suspected there was going to be something very shocking I called and begged them to come. I had to guess because Ms.Merrifield's husband refused to pay any courtesy to the defense counsel by telling us who the next witness would be. As advertised, ... more I was always on the mark as the prosecution witnesses got caught in lie after lie after lie. The lies were so horrible that when I write the word I feel there must be a better word to describe what I had seen and heard in that courtroom. It was a disgrace.
I begged the Press to show up. What I wouldn't have done to have you guys covering the story from beginning to end.
The sad thing about all of ths is that I believe Newsday folks believe most of what I have told them. But they won't write it. Newsday just doesn't do 'investigative reporting' anymore. So you fellows at 27 keep up the good work because you are the last hope for the people to be protected from the likes of the Tom Spota's and his henchmen.
Trust me when I tell you that I have a story. I mean a big story if only someone had the courage to write it. It speaks for itself.
That is why I have no faith in the jury system, the courts, the DA, or the police in providing the truth.
The jury system is a myth to satisfy the public. They are oftern told that while it may not be perfect it is the best system around. Garbage.
The selection of jurors is meant to find 12 honest and true men and woman without any bias. Nonsense. Both sides of the courtroom try to find jurors that will see it their way. Evvidence from both sides is kept from the jury. More so on the side for the prosecutions, more so in Suffolk County.
Jurors that get picked in criminal trials, IMO, are those that have an agenda already set in their minds. Why else would any sane man take on the responseability of sending a man to jail for the rest of their lives.
Often it comes down to which attorney the jury likes. God help the innocent man that picks the lawyer they don't like for some reasons only known to them.
"Reasonable Doubt" You send someone off to jail for a lifetime you better be sure beyond any doubt. Some defendants get sent to their death.
By last count their have been more than 210 persons exonerated after DNA has become an investigative technique. Most of those crimes were for murder cases. It is a proven fact that in more than 25% of those cases the defendant gave the police a 'confession". How the hell did that happen?
Total comments by THE EQUALIZER: 62
Total comments by wondering: 57
Reister was a Correction Officer (probably not permitted to work anywhere as a bouncer) who was most likely use to people doing as he told them. Oddone didn't know Reister was a Correction Officer nor that he was the bouncer.
Reister pushes Oddone off the table - Oddone mostly likely thinking if this guy (Reister) get the better of me I am dead. So ... more Oddone fights for his life.... murder or self defense?
People reportedly standing around yelling get off - get off you are killing him. most likely they were all drunk - yelling & screaming. music blaring - Oddone not knowing what end was up - just knowing that if that mountain of a man got on top of him he (Oddone) would be dead.
Why didn't one of those yelling, screaming people pull the plug on the music? why didn't one of them get a bucket of water and throw it on the fighting men? You know why - they were too drunk to think rationally - but now that all is said and done they have fantastic recollection. Shame on all.
Why did a 285 lb, 6'4" man, a trained Correction Officer, think it was necessary to use physical force? Was he trying to impress someone? All he had to do was pull the plug on the music and all would have gotten off the table - no muss, no fuss, no fight, NO TRAGEDY. Reister, for whatever reason was the agressor. This is a case of self defense, nothing more, nothing less.God be with the Reister and Oddone families.
Total comments by shamrock: 22
When you start with the words "hard truth" you should present the facts, not your (misinformed) opinions. You should not be inflating the weight of one party by fifty pounds or so. If you'd just read a LITTLE of the volumes printed, you'd see that not only was Reister wearing a shirt from the establishment, Oddone asked him if he worked there and cursed him out when the reply was affirmative. All he needed to do was get down from the table at that time - what any REASONABLE person ... more would have done.
There would have been no incident requiring a "bucket of water" (as if they are kept in every corner like fire extinguishers). Do you really think someone disregarding being pulled at, punched at, and yelled at, even by his friends, and not releasing an unconcious man would really react to a shower or the music stopping?
Your disregard of the facts and your focus on irrelevancies like Reister's normal occupation and the noise level and atmosphere make me wonder what axe it is you have to grind. Are you at all familiar with the this business specifically or the bar/restaurant business in general? Do you believe that someone walking into a place like that is walking into a No Man's Land where the law of the jungle prevails? Why would a normal person think if someone "got on top of him he (Oddone) would be dead"? Where do you come from or where do you go that would justify that line of reasoning?
Total comments by VOS: 57
Total comments by BCHBUM11968: 43
DEADLY Physical Force which ODDONE falls under is not justified in this situation. Now if REISTER punched ODDONE over and over and over again after being pulled/pushed/grabbed off the table I can see deadly physical force being used, but that did not happen. ODDONE’s life was not in danger. Being pulled off the table no way constitutes KILLING somebody.
Definition of manslaughter in the first degree is when the intent to cause serious physical injury to another person, that person causes death to another.
There is a reasonable test built in. The provocation must be enough to make a reasonable person do as the other did. The reasonable man always has the power of self control and is never intoxicated.
Would a reasonable person dance on the table?
NO
Would a reasonable person kill someone for being pushed/pulled/grabbed?
NO
Now if I’m wrong and I’m allowed to take someone’s life for just pushing me, I can’t wait until next Memorial Day weekend in the Hamptons.
Total comments by nt lumberjack: 1
Total comments by EastEnd68: 250
Dinner for Mike last night, by the way, was a bag of pizza-flavored Combos, I'm told. It's not the most glamorous job in the world!
Total comments by Joseph Shaw, Executive Editor: 108
Who knows what really happened. When SCPD and the SCDA get involved and there is a poltical component involved, then all bets are off.
Total comments by THE EQUALIZER: 62
Total comments by Hand of God: 13
When the prosecutrix wants the jury to have less information to make its decision rather than more. What does that tell you about her own private assessment of the application of the law to the facts?
Judge Hinrichs ... more has been fair, he approaches his job with integrity, and while at times reasonable people could differ from his determinations, you can count on his decisions being based upon the consistent goal that justice be served.
Total comments by Publius: 307
Dont the juries do a vote at points throughout their deliberations? One would think after a week without anyone budging with their vote they may say they cant come to a verdict...especially if its closer to 50/50.
Total comments by slamminsammy: 101
Total comments by Hand of God: 13
Total comments by fdny7318: 55
Total comments by year round: 13
Total comments by Ms. Jane Q. Public: 95
Total comments by Hand of God: 13
*The DA is guilty.
The Police Dept is guilty.
*The Public House is guilty.
*Riester ( the victim) is guilty.
*The Justice system is guilty.
* The Eyewitnesses are guilty.
*The Press is guilty.
Ad Nauseum....
Everyone but the actual guy who choked someone to death in public is guilty.
Total comments by elliot: 121
Total comments by Hand of God: 13
Look at your watch and count out two minutes +
It's a LONG TIME.
Picture, if we can, choking someone for that long.
That speaks to me of more than simple anger. It says RAGE.
This is the element that tells me Oddone is guilty of much more than simple self defense.
Total comments by elliot: 121
Total comments by FOTO: 35
Total comments by fix-it-now: 187
Total comments by FOTO: 35
Total comments by elliot: 121
Total comments by HB 4 Life: 60
Total comments by FOTO: 35
I'm sure this point was thoroughly examined in court. At least I HOPE it was.
Total comments by elliot: 121
Total comments by BCHBUM11968: 43
Total comments by maryb123: 84
Total comments by HB 4 Life: 60
Total comments by Joseph Shaw, Executive Editor: 108
Total comments by fix-it-now: 187
Total comments by pstevens: 141
Total comments by fix-it-now: 187
Total comments by pstevens: 141
Total comments by INS: 524
i will bet anything he wishes he could relive that fateful moment when his ability to think and reason left him...
Total comments by concerned east ender: 24
Total comments by username1: 32
Do you know for an actual fact the exact amount (2min+) time of the choking was a LIE?
Your friendship with the defendant has certainly overtaken your rationality and.... if it is at all possible, can you please reply without the anger, name calling and personal attacks on the other commentors?
Total comments by elliot: 121
Total comments by SHres: 16
I, too, am weary of Username1.
Total comments by elliot: 121
Total comments by fix-it-now: 187
Total comments by SHres: 16
Total comments by Joseph Shaw, Executive Editor: 108
start now and try to watch for 20 seconds, then go a minute, now you are still watching someone choke someone for 90 seconds. keep watching...your halfway through now. here comes 2 minutes. keep watching the "choking" because you may need to testify some day. 2min 15 ... more seconds now... should be over in about 45 seconds. keep watching another half a minute. this post is simply made to expose the exageration. If you believe you would watch it for 3 minutes, there is little hope for reason with you.
Total comments by username1: 32
DJ?
he always left a song at a certain point, knowing it would spin long enough for him to have a cigarette. this all happened during that time frame.
i could be wrong, but i recall this from one report from the trial.
Total comments by concerned east ender: 24
Total comments by PBR: 544
Total comments by PBR: 544
Total comments by Local Mom: 3
Total comments by fix-it-now: 187
Total comments by East End Guy: 21
I would think that if Mr Oddone was intent on killing the Mr Riester with his bare hands he would would gloated or taunted the injured man instead Mr. Oddone fled, sounds like he was scared.
This should of been a 1 to 5 case or self defence depending on the evidence presented to the jury. The DA is wasting tax payer money on this due to the fact that it was one of their own who was injured
Total comments by Hand of God: 13
- Thomas Jefferson to John Holmes, (discussing slavery and the Missouri question), Monticello, 22 April 1820.
This is not a question of the extension of slavery, but there is a similar dilema
Total comments by Publius: 307
#3 not scared , guilty...and he knew what he was doing and ran cuz he knew what he had done....intentionally.......
wow....
Total comments by BCHBUM11968: 43
One other point when you have nothing left but to attack another posters spelling/grammar you have ... more already lost the debate.
Total comments by Hand of God: 13
Total comments by slamminsammy: 101
8 secs blackout
51 sec never regain consciousness
Total comments by RemembertheDucks: 54
You are making it difficult for anyone to understand your side. Don't exaggerate the situation. Mr. Reister by all accounts, was 285 with a bunch of equipment on the bed, so he wasn't 285, not near weighing 100 lbs more than Oddone. And pursued Mr. Oddone? Where did you get that? Unreasonable force is debatable, force yes, unreasonable? It's a bar and he's a bouncer, i'm not sure Mr. Reister was unreasonable.
I agree that Oddone was scared and acted the way he ... more did out of fear, not rage. But, he is guilty because he used deadly force where Mr. Reister did not. Although, not of muder.
Total comments by East End Guy: 21
Imagine, when you’re listening to the evidence, imagine being attacked by someone, someone that outweighs you by 100 pounds,” Ms. Kedia said to the jury. “He’s holding on to this guy for dear life, he’s just holding on. Hurting somebody else is the furthest thing from his mind. He’s just a kid out at a bar until an encounter with an overly aggressive bouncer
Total comments by Hand of God: 13
And no matter how long it took, there are still two mothers who will not spend Christmas with their sons. The BIG difference though... Mrs. Oddone can visit Tony that day (hopefully @ Rikers!). Sorry, friends of Tony....he needs to accept the consequences of his actions (and so do ... more you).
Total comments by wondering: 57
Total comments by Vbalchunas: 11
That leave a choice between mistrial and acquittal.
Total comments by Publius: 307
Total comments by fix-it-now: 187
It was the public house who created the atmosphere that lead to people dancing on tables int he first place. What its fine for the ladies but not the men? Why wasn't the music stopped and order restored in a safe manor? ... more Why didn't Mr Riester in your own words " confront him solo", was it because he was much larger then Mr Oddone and angry because he was angry when verbally confronted?
Your very attitude being a former bouncer and your desire to extract revenge is proof enough to a reasonable person that Mr. Oddone was left with no choice but to flee the scene for fear of his life.
Total comments by Hand of God: 13
Total comments by pstevens: 141
fear of what? of whom?.
he choked mr. reister to death. he choked to death the man who he claims threatened him. his "threat" was lying inert on the floor.
he ran because he was pumped with adrenaline and his friends told him to and, in fear of getting in trouble, he fled. he instructed the cabbie to "keep going" when the police tried to pull it over...
i know mr. oddone must be your friend, ... more but get real. he killed someone. it didn't have to go that way.
Total comments by concerned east ender: 24
Yes Mr Riester was hurt and that should be addressed fairly by a jury who has no ax to grind either way. This was a 1-5 case but only because Mr. Riester worked in law enforcement has the DA chosen to through the book at Mr. Oddone. Lets be clear Mr Reister served as the officers' benevolent association treasurer for 10 years ... more before being elected president.
Mr. Oddone is not my friend and I have never met him nor have I ever met Mr. Riester. Your right things didn't have to go this way, Mr Oddone didn't have to dance on tables and go to establishments that create this type of atmosphere and Mr Riester being a family man did not have to chose to work in a line of work as a bouncer for extra cash. What type of person chooses to be a bouncer the job is nothing but trouble and often leads to injury to smaller out numbered patrons or injury to the bouncer himself. If you want to fight go to a gym dont take a job as a bouncer.
The only thing that is important to me is that the case is tried fairly in accordance with our American value system of justice and frankly this case reeks of mob justice on the part of law enforcement and the DA.
Total comments by Hand of God: 13
Total comments by fix-it-now: 187
Good point, but for someone with verbal cojones the standards might differ?
Hopefully the jury will render a verdict soon.
Peace on Earth for both families.
Total comments by PBR: 544
Total comments by East End Guy: 21
Who would be able to think clearly in that position. The time to act clearly would of been not to push a patron off of a table and proceed to pursue ... more him.
Total comments by Hand of God: 13
Total comments by BCHBUM11968: 43
Total comments by INS: 524
Total comments by PBR: 544
Total comments by maryb123: 84
Total comments by INS: 524
SINCE HANUKKAH BEGINS TOMORROW NIGHT WHAT HAPPENS IF A JURY MEMBER CELEBRATES THIS HOLY HOLIDAY ?
Total comments by ELECTRICUTIONER: 51
Total comments by PBR: 544
Total comments by East End Guy: 21
SINCE HANUKKAH BEGINS TOMORROW NIGHT WHAT HAPPENS IF A JURY MEMBER CELEBRATES THIS HOLY HOLIDAY ?
PBR AND EAST END GUY .GET LIVES.
Total comments by ELECTRICUTIONER: 51
1. If at any time after the trial jury has been sworn and before the rendition of its verdict, a juror is unable to continue serving by reason of illness or other incapacity, or for any other reason is unavailable for continued service, or the court finds, from facts unknown at the time of the selection of the jury, that a juror is grossly unqualified to serve in the case or has engaged in misconduct of a substantial ... more nature, but not warranting the declaration of a mistrial, the court must discharge such juror. If an alternate juror or jurors are available for service, the court must order that the discharged juror be replaced by the alternate juror whose name was first drawn and called, provided, however, that if the trial jury has begun its deliberations, the defendant must consent to such replacement. Such consent must be in writing and must be signed by the defendant in person in open court in the presence of the court. If the discharged juror was the foreperson, the court shall designate as the new foreperson the juror whose name was second drawn and called. If no alternate juror is available, the court must declare a mistrial pursuant to subdivision three of section 280.10.
2. (a) In determining pursuant to this section whether a juror is unable to continue serving by reason of illness or other incapacity, or is for any other reason unavailable for continued service, the court shall make a reasonably thorough inquiry concerning such illness, incapacity or unavailability, and shall attempt to ascertain when such juror will be appearing in court. If such juror fails to appear, or if the court determines that there is no reasonable likelihood such juror will be appearing, in court within two hours of the time set by the court for the trial to resume, the court may presume such juror is unavailable for continued service and may discharge such juror. Nothing contained in this paragraph shall affect the court's discretion, under this or any other provision of law, to discharge a juror who repeatedly fails to appear in court in a timely fashion.
(b) The court shall afford the parties an opportunity to be heard before discharging a juror. If the court discharges a juror pursuant to this subdivision, it shall place on the record the facts and reasons for its determination that such juror is ill, incapacitated or unavailable for continued service.
(c) Nothing contained in this subdivision shall affect the requirements of subdivision one of this section pertaining to the discharge of a juror where the trial jury has begun its deliberations.
Whether a juror will be discharged upon his/her request based upon religious concerns will largely turn on what commitments were made at the beginning of the case. You can be sure any juror will be encouraged to continue. I am not sure where Hanukkah falls on the hierarchy of Jewish holidays, and whether a genuine religious protest would be offered.
Replacement of a juror who has been discharged requires consent at this point and absent that a mistrial would be declared.
Total comments by Publius: 307
Total comments by username1: 32
Total comments by porter: 17
Total comments by SHPDwife: 4
Christmas is two weeks from tomorrow.
Think about it.
Total comments by PBR: 544
You didn't have to convince me of what they are capable of doing - I know all too well.
Total comments by THE EQUALIZER: 62