Justice for Nancy: Valentine’s Love with a side of Diminished Capacity
~
- di·min·ished ca·pac·i·ty
NOUN: law
an unbalanced mental state that is considered to make a person less answerable for a crime and is recognized as grounds to reduce the charge.
Diminished Capacity
This doctrine recognizes that although, at the time the offense was committed, an accused was not suffering from a mental disease or defect sufficient to exonerate him or her from all criminal responsibility, the accused’s mental capacity may have been diminished by intoxication, trauma, or mental disease so that he or she did not possess the specific mental state or intent essential to the particular offense charged.
West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
Read the news article here.
Happy VD, folks. As of a few days ago, Zachery Doan has decided to petition the courts to revisit his sentence. He feels he didn’t have a quality lawyer, and that said lawyer didn’t push his “diminished capacity” well enough. He even penned a letter about this… That’s amazing, considering he could barely form a sentence in correct, respectful English to the judge. As always, I wanted to make sure I had the facts, so up above is the definition of “diminished capacity,” straight from the law dictionary I’ve cited.
As I type, I’m more hopeful than ever that this sorry sonofabitch has himself a nice new V.D., for this year’s Valentine’s day; along with a boyfriend or two. I can’t say that I don’t see the irony in releasing that you’re going to try for a lower sentence, due to your “issues” conveniently around her birthday, and this giant food drive being done in her honor. But I’m not falling for it… I’m aware that the chances of his sentence being reduced are slim, as he’s already petitioned Gull’s sentence and lost once before. But let’s be honest…there’s always that chance.
Let’s talk about your issues that were brought to light in the courtroom for all to hear. We heard your family members speak to your constant troubles, wrong choices, and lack of respect for authority. They said, “there was nothing more I could do.” The judge spoke of the multitude of programs you had been offered through your rough years, and none of those you chose to take seriously. Ever. We listened to you speak the words of what you did to her that night. You knew what you were doing. You said that.
I also listened to my Grandma. Over and over, and again on video. Your entire family used her form the moment they moved in next door. Always guilting her into giving you money, gas, rides, gift cards…. pretending to do jobs for payment, never really completing the jobs to begin with. Stealing propane tanks for “personal use,” later to be smelled as chemicals in the air. Diminished capacity doesn’t mean you plan for hours (probably days), and set up what you’re going to do to someone. Diminished capacity isn’t stalking your prey for hours before hand, invading their space with excuses and reasons to push yourself into their life. Diminished capacity my ass.
Listen to her words. Listen to the things you did BEFORE you beat her and took her entire life. Listen to how she knew exactly what your intent was. Listen to her voice. It’s never, ever going away.
This link will take you to listen to Nancy’s story, in her own words. This was two days after her attack, and one of my personal videos. The rights to this video are solely mine. Reproducing this without permission will result in legal action.
