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CONVICTION REVERSED IN DOUBLE SLAYING.


Byline: Karen Maeshiro Daily News Staff Writer

A judge has overturned the conviction of an Acton man in the February 1994 double slaying of a father and son in what prosecutors claimed was retaliation RETALIATION. The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should lay a very heavy tariff on American goods, the United States would be justified in return in laying heavy duties on the manufactures and  for the death of the defendant's dog.

William Strong William Strong was the name of the following men:
  • William Strong (1763-1840), a member of the United States House of Representatives from Vermont
  • William Strong (judge) (1808-1895), a congressman and judge who served on both the Supreme Court of Pennsylvania and the U.S.
, 41, was sentenced in January 1996 for the shooting deaths of Kenneth Laux Sr., 59, of Acton and Kenneth Laux Jr., 34, of Pearblossom and is now serving a sentence of 36 years to life at the prison in Lancaster.

At a hearing last week, Van Nuys Superior Court Judge Michael Farrell For the Australian cricketer, see .

For the American screen actor, see .

Michael Farrell (born 1944) is an Irish civil rights activist and former leader of People's Democracy.
 vacated, or annulled, Strong's November 1995 conviction, finding that the defendant was misinformed as to the potential maximum sentence he faced, officials said.

``(Strong) was clearly appreciative of the judge's decision,'' said Mitch Bruckner, who was Strong's defense attorney. ``He was clearly very happy to no longer be branded a murderer.''

The District Attorney's Office must now decide whether it wants to appeal Farrell's ruling. The case will return to court Jan. 8.

``The appellate division In several jurisdictions, the Appellate Division is the name of a court, or division of a court, that hears appeals from lower courts.
  • For the Appellate Division of the New York State Supreme Court, see New York Supreme Court, Appellate Division.
 of our office will be looking into our options,'' said John Spillane, head deputy district attorney of the Lancaster office. ``We're disappointed in the judge's ruling. Hopefully we will be able to prevail on appeal.''

Before the start of Strong's second trial, Bruckner said that he, the prosecutor and Farrell had miscalculated the potential maximum penalty that Strong faced at 24 years to life.

In addition, the prosecution had offered a plea bargain plea bargain n. in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the  of 12 years to Strong, who at first accepted it but then turned it down because the deal required him to plead plead v. 1) in civil lawsuits and petitions, the filing of any document (pleading) including complaints, petitions, declarations, motions, and memoranda of points and authorities.  to two counts of manslaughter, which would be counted as two ``strikes'' under the state's ``three strikes, you're out'' law, Bruckner said.

An appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 sent Strong's case back to Farrell's court to determine whether Strong would have accepted the 12-year offer had he known the true maximum possible sentence, Bruckner said.

Farrell found that he would and also ruled that Strong was misinformed as to the maximum sentence and that he, as judge, would have approved of a 12-year plea bargain.

In Strong's first trial, a Lancaster jury found Strong not guilty of first-degree murder but could not reach a verdict on whether he committed second-degree murder and voluntary manslaughter The examples and perspective in this article or section may not represent a worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
.

In November, a second jury trial found Strong guilty of second-degree murder of Kenneth Laux Sr., and voluntary manslaughter in the death of Kenneth Laux Jr.

Contending that he shot them in self-defense (Law) in protection of self, - it being permitted in law to a party on whom a grave wrong is attempted to resist the wrong, even at the peril of the life of the assailiant.
- Wharton.

See also: Self-defense
, Strong told authorities he had seen them put guns into their pickup before driving to his rented trailer home Feb. 12, 1994. Investigators said they found a revolver and shotgun inside the truck.

Prosecutors said Strong frequently fired guns into a canyon behind his trailer, next to a two-story home on Hubbard Road. They said he was extremely angry at the death of his dog a month before the slaying and constantly questioned neighbors about whether the father and son shot it.

This ending in AV edition

Prosecutors had said the Lauxes were upset about Strong firing near their home. Strong said the father and son drove up toward his house after he fired a pistol out his bedroom window.
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Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Dec 16, 1997
Words:530
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