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DEFENSE FOCUSES ON SURVIVOR IN STABBING : LAWYER: MCLOREN `WAS READY TO START SOMETHING'.


Byline: Michael Coit Daily News Staff Writer

The defense for four youths charged with killing an Agoura Hills teen-ager last year focused in closing arguments Wednesday on the surviving victim in a double stabbing stab  
v. stabbed, stab·bing, stabs

v.tr.
1. To pierce or wound with or as if with a pointed weapon.

2. To plunge (a pointed weapon or instrument) into something.

3.
 and his marijuana marijuana or marihuana, drug obtained from the flowering tops, stems, and leaves of the hemp plant, Cannabis sativa (see hemp) or C. indica; the latter species can withstand colder climates.  sales from a backyard shack.

Hoping to counter the prosecution's portrayal of the defendants as menacing youths who attacked James P. Farris III and Michael McLoren, attorneys said the four were defending themselves in a fight over marijuana. McLoren survived being stabbed and was the prosecution's primary witness during the trial in Malibu Superior Court.

``These are kids going to, unfortunately, a drug dealer's residence, and all hell breaks loose,'' said James Sussman, attorney for Micah Holland, 16, of Thousand Oaks Thousand Oaks, residential city (1990 pop. 104,352), Ventura co., S Calif., in a farm area; inc. 1964. Avocados, citrus, vegetables, strawberries, and nursery products are grown. .

Sussman contended McLoren was angry with his girlfriend for taking marijuana and ``was ready to start something'' when the four defendants confronted him May 22, repeating a defense claim that the stabbing occurred during a fight and not an effort to steal marijuana.

Prosecutors contend the defendants attacked Farris and McLoren as they were lifting weights and using a punching bag outside the wooden fort behind McLoren's home.

Deputy District Attorney Jeff Semow began Wednesday's proceedings by leading jurors through a sequence of events that ended when Farris collapsed and died on McLoren's kitchen floor from a stab wound to the heart.

The four defendants are Holland; his older brother, Jason Holland For the Jason Holland convicted of killing Jimmy Farris in 1995, see .

Jason Holland (born April 30, 1976, in Morinville, Alberta, Canada) is a Canadian professional ice hockey defenseman.
, 19, of Thousand Oaks; Brandon Hein, 19, of Oak Park, and Tony Miliotti, 18, of Westlake Village. They are charged with murder, attempted murder In the criminal law, attempted murder is committed when the defendant does an act that is more than merely preparatory to the commission of the crime of murder and, at the time of these acts, the person has a specific intention to kill. , burglary burglary, at common law, the breaking and entering of a dwelling house of another at night with the intent to commit a felony, whether the intent is carried out or not.  and two counts of attempted robbery.

Jason Holland has testified that he stabbed McLoren and Farris, but said he didn't intend to wound them seriously during a fight. He admitted carrying and using a knife, which has never been recovered.

Defense attorneys attacked McLoren's credibility as a witness Wednesday and said Jason Holland was the most truthful witness.

Curtis Leftwich, the attorney for Miliotti, said credibility is ``really what this case is all about.''

The prosecution's case ``really rises and then falls on the credibility of Michael McLoren,'' he said.

California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
  • Statute
  • Bill (proposed law)
  • California State Legislature
External links
  • http://www.leginfo.ca.
 permitted prosecutors to charge each defendant with the same offenses even if they cannot prove who actually stabbed the victims. Each of the defendants also faces special allegations that he attacked the victims during an attempted robbery.

Sussman told the jury that prosecutors are trying to prove that the attack occurred during an attempted robbery without establishing who was responsible for what.

That argument is linked to instructions that will be read to the jury dealing with the possibility of a verdict for the crime of 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.
 or involuntary manslaughter The act of unlawfully killing another human being unintentionally.

Most unintentional killings are not murder but involuntary manslaughter. The absence of the element of intent is the key distinguishing factor between voluntary and involuntary manslaughter.
, rather than first- or second-degree murder.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.
Honest
Honest Truth (Member): Thank God For the Felony Murder Rule 6/7/2009 6:32 PM
Justice Is Here To Protect People! Thats Why Its Being Carried Out;<br>Its a Good Law The Felony Murder Rule<br><br>You Dont Get To Rob And Kill And Get Away With It!<br><br>Criminals will say or do anything to get free <br><br>And For anyone stupid enough to believe the defendants in this trial dont deserve there sentence; they need to experience whats its like to be stabbed<br>Inside There Own Home<br>And Have There Best Friend Killed <br>while there friend tried to save them.<br><br>If you Dont want to spend the rest of your life in jail<br>Dont Kill People <br>Dont Rob People<br><br>And If You Are A Murder Dont Pretend Your Innocent <br><br>Shameless<br><br>Besides The Victim Farris Was Stabbed In The Heart<br>That Means Something<br><br><br>Those Accused Tried and Convicted then Sentenced <br>Deserve Exactly What The Got<br><br>And Any Parent of There Sons Convicted <br>Should Show Some Respect For The Victims and there familys and The Law and Not Twist <br>The Truth<br><br>I would not be surprised by anything said in support of the convicted<br>there parents propaganda and news reporters<br>All Garbage<br><br>What People Need Is For it to happen to them<br> and they would be no longer willing to think<br> Killers should be free<br><br>And Let Them All Rot in Jail saying i didn't do it for the<br>rest of there Lives Saying I didn't do it<br><br>For Jimmy Sorry To Him and His Parents<br>And For Mike Sorry you had to go through that experience<br><br>To Micah Jason Brandon Tony At least your around people of your own kind<br>you know whats in your heart and I'm sorry you cant change the past<br><br>The D.A. Office Jeff and Mike Congrats on a job well done<br><br>Defense for the Accused I wonder how you sleep at night living with yourself<br>same to the publicists that feed off controversy in the pain of peoples lives <br>

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Publication:Daily News (Los Angeles, CA)
Date:May 9, 1996
Words:444
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