Wendy Howard’s Double Jeopardy Hearing Tuesday, 2/21, 8:30 am
On October 21, 2022, a jury acquitted domestic violence survivor Wendy Howard of all charges except for voluntary manslaughter on the heat of passion theory, for which there was a hung jury. On December 2, 2022, the DA announced their commitment to continue to prosecute on that one charge, despite that Wendy acted in self-defense to protect her life. The retrial date for the one charge has been set for April 17.
However, in January, Wendy’s attorney, Tony Lidgett, filed a once-in-jeopardy plea, arguing that Wendy has been fully acquitted of all charges and cannot be retried due to double jeopardy. That hearing will take place this Tuesday, February 21 at 8:30 am, in Kern County Superior Court.
This claim stems from the judge’s unusual instructions to the jury, who were told to consider voluntary manslaughter broken down into two theories–imperfect self-defense and heat of passion. The jury considered the charges separately, and acquitted Wendy of imperfect self-defense, but hung 7-5 on the heat of passion theory. Legally, however, voluntary manslaughter is one charge that considers both theories, and because the jury acquitted Wendy of voluntary manslaughter once, Lidgett argues that Wendy is acquitted of all charges and the law prohibits her from being tried with the same evidence a second time.
If the motion to dismiss succeeds, Wendy will be free and acquitted of all charges. If it’s denied, the retrial may proceed, although an appeal may be taken all the way to the California Supreme Court, and the retrial would be postponed until a decision is made.
The Wendy Howard Defense Committee calls on DA Cynthia Zimmer to drop this last remaining charge. Social media commentary indicates that local public opinion strongly supports Wendy, calling the case a waste of taxpayer dollars.
Ralph Bailey, host of Kern Radio's The Ralph Bailey Show, is adamant in his belief that Wendy will be free. On his December 2 show, he vehemently stated, “They ain’t never, and I know members of the DA’s office listen, they ain’t never, they ain’t never ever, they ain’t never ever, ever, ever, EVER gonna get a conviction on Wendy Howard.”
DROP THE LAST CHARGE!
END THE EMOTIONAL AND FINANCIAL TRAUMA FOR WENDY AND HER FAMILY
