Murder-For-Hire Case Up for Retrial

MURDER FOR HIRE CASE TO BE TRIED A THIRD TIME


In 2011, Dalia Dippolito was convicted of hiring a hit man to kill her husband of six months.  The Boynton Beach jury deliberated and found her guilty in three hours.  The judge sentenced her to 20 years in prison.

That case was overturned on appeal, due to material errors in the jury selection process.

The case was retried in December 2016.  On December 14, Judge Glenn D. Kelley declared a mistrial.  A count of the juror decisions indicated three to convict, three to acquit.

The prosecution plans to try this case a third time.

Comments from Allen:  This case is unusual in so many respects.  I have to be impressed by the team of defense lawyers Brian Claypool and Greg Rosenfeld, who took a case that was lost quickly and unanimously five years ago, and on the retrial they convinced half the jury that Dippolito was not guilty.

A videotape showed Dippolito talking to an undercover cop, wherein she asks the cop to kill her husband.  The cop asked whether she was sure because there would be no turning back once the job was done.  She told him she was "5,000 percent sure."

Traditionally cameras have not been allowed in courtrooms.  Since the O.J. Simpson murder trial, the rules have changed.  Nonetheless, courts are always concerned that turning a courtroom into a movie set will interfere with justice.  In the Dippolito case, the interference with justice may have occurred earlier, when the Boynton Beach police solicited the TV show "Cops" to take part in the investigation and gathering of evidence for a criminal prosecution, Dalia Dippolito's prosecution.

Because of the involvement of the TV show, Dippolito was able to claim she was just acting, carrying out her part in the script, for a reality TV show.  Everything incriminating that she said was scripted for the cameras.  Her tears at being falsely informed her husband had been killed were fake-acting tears as well.

Additionally and in the alternative, she was able to claim that she had been entrapped by the Boynton Beach Police, who sought to entice her to say incriminating things when, in the absence of police participation, she would never have tried to carry out a murder plot had the police not encouraged her to do so.

By wanting to be reality stars, members of the Boynton Beach PD badly screwed up a serious criminal prosecution.

I wonder, at this point, if the damage can be repaired.

One final point:  This murder case was prosecuted with a six person jury.  Six.  Any murder trial would entitle the defendant to twelve jurors.  That means the state must convince twelve people, not six, of guilt beyond a reasonable doubt.  Conventional wisdom holds that a defendant has a much better chance of avoiding conviction if twelve people must agree on his guilt. Why the very capable defense lawyers in this case stipulated to trying the case with only six is a huge mystery to me, but judging the result, they were right.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    

 Sources for more information:

http://www.sun-sentinel.com/local/palm-beach/fl-dalia-dippolito-trial-delay-20160422-story.html

 http://www.courtchatter.com/#!dalia-dippolito-trial-archive/c1xyv

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