GENTRYS FACE RETRIAL OF CASE : CHARGES REDUCED TO INVOLUNTARY MANSLAUGHTER AFTER JURY DEADLOCKS ON MURDER.Byline: Jesse Hiestand Daily News Staff Writer Michael and Kathleen Gentry will be retried re·tried v. Past tense and past participle of retry. on 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. charges after prosecutors failed to convince jurors in a monthlong trial that the Lake Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. couple murdered their severely handicapped daughter, Lindsay. During a hearing Friday, prosecutors said they will pursue the lesser charge of involuntary manslaughter after 10 of the 12 jurors in the Gentrys' first trial voted to acquit To set free, release or discharge as from an obligation, burden or accusation. To absolve one from an obligation or a liability; or to legally certify the innocence of one charged with a crime. acquit v. them of murder. The couple also will be retried June 11 on the conspiracy and child abuse charges that deadlocked the jury in their first trial. ``I believe, based on all the evidence, that there was a very strong case that Lindsay died as a result of malnutrition, and her parents were responsible for that,'' Deputy District Attorney Kathleen Cady said. If convicted of manslaughter, the defendants could be sentenced to 2 to 4 years in prison. They had faced a sentence of 15 years to life if they had been convicted of murder. Citing the outcome of the first trial, defense attorney Pat Thomason asked for dismissal of the case, saying ``the community spoke very loudly'' when they failed to convict the Gentrys on any of the charges. And while Superior Court Judge John S. Fisher refused to dismiss the case, he did slash the Gentrys' bail to $20,000 each, raising the likelihood they will be out of jail this weekend. Michael had been held in lieu of $1 million bail, and his wife on $500,000 bail since their arrest last July. ``I'll be just happy to have them home, and I'm sure they will, too,'' said Helen Darrow, the 78-year-old mother of Michael Gentry. ``But I don't understand. What do (prosecutors) expect to accomplish by doing this over again?'' Several of the dozen or so friends and relatives of the Gentrys who attended the hearing gasped and smiled when the judge announced the reduced bail. After the hearing, supporters vowed to quickly raise the cash or collateral to post bail. ``We'll put up what we have to to bail them out,'' said Greg Rollins, a friend of the couple. Members of the tightly knit Adj. 1. tightly knit - closely and firmly integrated; "a tight-knit organization" tight-knit integrated - formed into a whole or introduced into another entity; "a more closely integrated economic and political system"- Dwight D. community of Lake Los Angeles have rallied behind the Gentrys since they were arrested, creating a Web site and raising money for the couple's defense. They maintain that the Gentrys were loving parents to Lindsay, who was 15 when she died in February 1996, weighing less than 50 pounds. The girl suffered from myotonic dystrophy Myotonic Dystrophy Definition Myotonic dystrophy is a progressive disease in which the muscles are weak and are slow to relax after contraction. , a congenital disorder congenital disorder A large group of disorders arising during development that cause abnormality of the human body. Most are due to genetic factors such as inherited or spontaneous mutations, whereas others are caused by environmental influences during pregnancy such as characterized by wasting away of muscles and mental deficiency mental deficiency n. See mental retardation. . Her parents were accused of starving their daughter, but defense attorneys argued that Lindsay died as a natural result of the disorder. The Gentrys rejected an offer Friday to avoid retrial retrial n. a new trial granted upon the motion of the losing party, based on obvious error, bias or newly-discovered evidence. (See: newly-discovered evidence) by pleading guilty to either child abuse or involuntary manslaughter under 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 offered by prosecutors. Under the deal, Michael Gentry would get a two-year prison sentence while Kathleen Gentry would serve one year. ``They're true believers in many things, and one is to not cop to something they didn't do,'' said attorney David Houchin, one of Kathleen Gentry's two attorneys. The couple had rejected two proposed plea bargains before the first trial began. Under one, Michael Gentry would have received a six-year prison term if he and his wife pleaded guilty to child abuse. Under the second, Michael could have faced up to 10 years if he had pleaded guilty to child abuse with a special circumstance. Kathleen Gentry would have received probation and been released under both options. CAPTION(S): 2 Photos PHOTO (1--Color) KATHLEEN GENTRY (2--Color) MICHAEL GENTRY |
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