District Attorney Susan Krones wants a re-trial in Mavrick Fisher murder case
JOEY BAER
Today was Friday, December 4. I’m here at the Lakeport courthouse for Mavrick Fisher’s case.
[B-roll video of courtroom]
The last court date was on November 20. The jury made decisions and verdicts
on four counts. Two counts ended in a deadlock. So for the past two weeks, the District Attorney Susan Krones had to think about whether she would drop the case or call for a retrial. I arrived here at 8 a.m. Mavrick showed up and sat on the side. He was quiet but his leg was bouncing as usual. After we waited because there were other cases ahead of us, it was time for Mavrick to be called. The judge asked the DA Krones on what she wanted to do. She said she wanted a retrial. She wanted a retrial to upgrade the involuntary manslaughter charge to a voluntary manslaughter. was already convicted of involuntary, so he couldn’t also be guilty of voluntary. It would be a contradiction
to be guilty on both charges.The DA said it was possible because there would be a different jury who would hear the case again. The judge felt it was not clear so he asked the DA to take one more week to do research on whether one can be tried again. The DA agreed to it and the parties will meet again next Friday to decide if they can do a retrial. If they decide not to, then the case will move on the December 21 sentencing.
[Video]
JUDGE BLUM:
What I understand it means is that if someone is convicted of involuntary, you cannot be tried again for voluntary manslaughter, because the person cannot be guilty for it.
DEFENSE ATTORNEY FEMIER:
I agree.
DISTRICT ATTORNEY SUSAN KRONES:
I don’t know. Now I need time to do more research.
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DISTRICT ATTORNEY SUSAN KRONES:
I consulted with the family members of, um, Grant's family members. And I also have to use my best judgment. I've been a prosecutor for 28 years. So I decided to retry those charges. Uh, I was not expecting, um, the issue about whether or not, um, I can retry voluntary manslaughter. And that is an issue I need to research. Uh, it- it is an issue the judge just brought up and he- as he said, he hadn't looked at it until after the verdict.
So, um, I am gonna research that and see if that's, uh, the case and then I'm gonna have to reevaluate if I'm gonna re- retry the case. Because then I would only have an assault with a deadly weapon available plus a special allegation for, uh- uh, great bodily injury or death. And the maximum on that would be, uh, if th- if he was found guilty of both of those, it would be a maximum of- of seven years. So I have to reevaluate that because voluntary manslaughter is a maximum- potential maximum would be 11 years. That doesn't mean that that would be the- the sentence but I have to reevaluate the situation at this point.
JACOB BAER, GUEST REPORTER (OFF SCREEN)
Okay.
DISTRICT ATTORNEY SUSAN KRONES:
So we'll know- we will know next Friday.
DEFENSE ATTORNEY THOMAS FEIMER:
Well, uh, I, um ... We're confident in the jury's, this, this jury's verdict. The people are attempting to seek a retrial. As the judge noted, there might be some legal problems with seeking to do a trial on voluntary manslaughter when the jury found and convicted on involuntary manslaughter. And obviously, we'll be presenting our arguments about that on the 11th.
Otherwise, again, it is somewhat disappointing that Mr. Fisher is already... This was a very difficult experience going through trial for him. It's very stressful on anybody. And so the possibility of that happening again, it's obviously something he's not looking forward to. But, fundamentally, you know, he's prepared, again to put his case to the jury if that's necessary.
JACOB BAER:
Okay. Thank you so much.
DEFENSE ATTORNEY THOMAS FEIMER:
Thank you.