Raquel Nelson to receive new trial

LSN80

King Of The Ring
Raquel Nelson, the mother of 4 year old AJ Nelson, along with two older daughters, were struck by a drunk driver crossing an intersection. Nelson, as I reported before, was charged with vehicular homicide, and was subsequently convicted. Although the prosecution recommended no jail time, the final decision came from the judge. In this case, he felt a new trial, which will begin in OCtober, was the best course of action. To be noted is that she was following other buys riders in crossing the intersection, not going solo on this one. She was certainly wreckless, but Im still waiting and looking fir an explanation as to how she was responsibkle for vehicular homicide when she wasn't driving, and the judge seemed to agree. Nelson will be granted a new trial in October.

http://www.cnn.com/2011/CRIME/07/27/georgia.mother.new.trial/index.html?iref=allsearch

In all, Nelson was subjected to the possibility of more jail time then Jerry Guy, the hit and run driver who was drunk, on narcotics, and blind in one eye. Seeing howhe had two previous convictions regarding hit-and-run within the same day and had receieved over a year in prison for it, the justice system here dropped the ball by giving him only a "hit and run" conviction, while at the same time, charged her with much more. Should she have been charged? Its entirely possible the state was trying to send a clear message, but spoke almost contradictory during the matter,

Assistant Solicitor General Jessica Moss, who had prosecuted the case, initially had stated:

"These cases are inherently difficult because they are unintentional. Thats why we are asking for leniancy and no jail time despite the convictions."

She somewhat changed her tune during the sentencing hearinf when she said:

Someone needs to be held accountable for this. Miss Nelson knew she was breaking the law while jaywalking, and put her kids into danger, intentional or not. Any sentence that comes down will not be opposed by our office.

Miss Nelson commented based on feeling complete relief at the turn of events:

"I'm walking out of here. I don't think you could be more satisfied.. I think the jury in this case was unable to see my point of view because Im a single mother."

The reason i seperated this from the other Nelson thread was because the circumstances had changed. If the prosecution wanted no jail time, as they initially said, then why couldn't the judge have let her off here with a strong slap on the wrist, such as probation? I believe Nelson has learned her lesson from this, so what more should she have tom go through? Another trial while she has to relive the horrors of her son's death again? I dont understand this. She was playing a dangerous game of follow the leader, no doubt. She crossed the median with all her neighbors who got off the bus. Im not saying any of them are right, Im just stating Dfact here. Anyway, just a simple question, and feel free to take the discussion anywhere you like after this:

Do you find that the judge was correct in in asking for a new trial? Or should he have followed the DA's advice and let her off with no jail time, with an alternative of probation? Why or why not?

Feel free to take this discussion within the paramters of the thread in any way you choose. Lets talk about this!
 
I don't think there should be a new trial. You should not be able to be put on trial for the same incident more than once. It's not like she was trying to put anyone in danger on purpose. If anybody should be receiving more blame it's the driver, not Miss Nelson, because the driver was the one who truly made terrible decisions. It's a very complicated situation but you'd think they would have enough of a brain to realize that the driver should be charged with a stronger offense and that probation while living with her mistake for the rest of her life should be more than enough to make Miss Nelson think about what she did.
 
I do believe having to deal with the fact that she lost her child due to her carelessness is enough to deal with. She certainly shouldn't get off free but I don't see how the driver is the one with the lighter sentence. The judge should have just went with what the DA said where she's still getting punished without jail time. I haven't really read up on the situation but can someone tell me what city this was in? I know if something like this would happen here (a city of about 25,000), no one would make a big deal about jay walking but I can understand if this happened in a more populated city.
 

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