At Volokh Conspiracy, Eugene picked up on a Connecticut decision addressing an issue that has grown increasingly prominent, as well as lucrative, under the current administration: Pardons. Three things are indisputable about the plaintiff in DeBarros v. Pedbereznak.
On October 13, 1996, the plaintiff shot Jermaine Lewis several times and killed him. At the same time, the plaintiff, using a second gun, also shot Scott Nash several times and severely wounded him. As a result of the foregoing, the plaintiff was charged with murder, attempt to commit murder, and first degree assault with a firearm. At trial, although the plaintiff raised self defense as a defense to the charges, the plaintiff was convicted of all the charged offenses including murder in a jury trial and was sentenced to life in prison.
The plaintiff appealed the conviction and the Appellate Court ordered a new trial [link added -EV]. The second trial resulted in a hung jury. The plaintiff then entered into a plea deal, pled to manslaughter and served a lengthy but reduced prison term. In 2022, the plaintiff was pardoned.
DeBarros sued for defamation, as well as the usual emotional distress causes, for being called a “murderer” on a podcast during the course of his running for office. Defendants moved to dismiss, and the court, after noting that this case had every legal earmark going against the plaintiff, lowered the boom. Continue reading
