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PRATTVILLE This much is clear:There was a struggle late that afternoon of Aug. 7, 2015, when 19-year-old Remington Foradori was stabbed to death. Its also clear that his fiancee who is themother of the couples 3-month-old son, Vegas Amore Contorno, stabbed him.

Vegas Contorno to go on trial for Prattville homicide. Marty Roney/ Advertiser

It will be up to a jury to determine if Contorno, also 19 at the time, acted in self-defense. Her case took a blow Tuesday when Circuit Judge Sibley Reynolds ruled Alabamas Stand Your Ground law does not apply in her defense, court records show. If Reynolds had ruled in her favor, the murder charge against Contorno would have been dropped.

Reynolds decision came after a two-and-a-half hour motion hearing where Contornos defense team called as witnesses a neighbor who rushed to Foradoris aid mere moments after the incident, and several Prattville Police Department investigators. Contorno did not testify.

The hearing began with the playing of the 911 tape, in whichnext door neighbor Sean Hartaway called for an ambulance. Testimony brought out that, after being stabbed, Foradori ran out of the home the couple shared on Strength Street and collapsed in the street. Contorno came to Hartaways back door asking for help because there had been an accident with her husband, he testified. Thats when Hartaway rushed to give assistance to Foradori.

Cmon man, hold on, hold on! Hartaway said on the tape, as he was relaying information to dispatchers. In the background Foradori was heard moaning loudly and struggling for breath. The ambulance is coming. Cmon man, stay awake, stay with me.

Testimony: Suspect aggressor in Prattville slaying

Foradori received a single stab wound to the upper left chest and was pronounced dead at the Prattville Baptist Hospital emergency room, testimony brought out.

Contorno made three statements to PPD investigators. In the first statement she told investigator Melissa Shepherd just after the incident that Foradori was stabbed by accident and she didnt know about it until he called for help because she was in another room. During a following interview at police headquarters a few hours later, Contorno told Shepherd and investigator John Coscette, once again that the stabbing was accidental.

About an hour into the two-hour interview, Coscette testified that he informed Contorno that Foradori had died. It was then the Contorno changed her story and said the couple had gotten into a physical altercation in the master bedroom because she was upset the Foradori would not help her with the baby.

The child was born premature and needed specialized medical attention, testimony brought out. Contorno told investigators that during the argument, Foradori bent down to kiss the baby on the head and thats when Contorno pushed him away.

Investigators felt that statement showed that Contorno was the aggressor in the case, because she made physical contact first, Shepherd testified.

Defense attorney Jeff Duffey asked Shepherd and Coscette, and then case agent investigator Richard White, if they had investigated the possibility that Contorno was acting in self-defense when she stabbed Foradori. The investigators said that her statements and the evidence showed she was the aggressor.

Prattville murder suspect's bond revoked

After Contorno pushed Foradori away, she told investigators that he cursed her and shoved her against the wall. She then told investigators that Foradori shoved her head against the wall, causing damage to the wall. And that she then ran down the hall to the kitchen and grabbed a knife to protect herself. She told investigators that Foradori chased her down the hall and grabbed her hand that was holding the knife.

White testified that there was no damage found anywhere in the house that backed up Contornos claims about her head being shoved against the wall.

Investigators testified that Contorno admitted to stabbing Foradori, but also said she blacked out and didnt remember stabbing him.

The Stand Your Ground law, passed in 2013, gives immunity to a person who uses deadly physical force to protect themselves, or another person.

the Defendant has not been able to show to this Court, by a preponderance of the evidence, that her use of 'deadly physical force'was justified, Reynolds ruling reads Therefore, this case shall proceed to trial as scheduled.

Susan James, Contornos lead attorney, did not return phone calls seeking comment after Reynolds ruling came down.

Contorno can still argue self-defense at trial, said Chief Assistant District Attorney C.J. Robinson.

That is a question of fact for the jury to decide, he said. Todays motion hearing was to determine if a certain law applied, a question of law before the judge. We feel, and the evidence shows, that Miss Contorno did not act in self-defense. In fact, in her own statements to investigators, she admits to being the aggressor. To making the first physical contact that led up to the subsequent altercation.

Contorno remains in the Autauga Metro Jail under no bond. In December, Reynolds revoked her $250,000 bond after she was arrested in October on an unrelated DUI charge in Baldwin County.

A trial date has not been set, court records show. Kevin Foradori, Remington Foradoris father, has custody of the child, court records show.

The law passed in 2013 holds that if a person has a right to be where they lawfully are, and are not committing an unlawful act, then they have no duty to retreat. The law also states that a person can respond with deadly physical force if they feel imminent deadly force is being used or about to be used against themselves or another person, or if physical force is used or about to be used against them in their dwelling, or if they are defending themselves or another person against kidnapping, rape, sodomy, assault or other violent crime.

If a judge rules that any of these elements exist, a person is immune from prosecution.

Source: C.J. Robinson, chief assistant district attorney.

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Stand Your Ground immunity denied in Prattville murder case - Montgomery Advertiser

TAMPA, Fla. (WFLA) Retired Tampa police captain Curtis Reeves testified that he feared for his life, so he shot and killed Chad Oulson in an argument over texting at a Wesley Chapel movie theater in 2014. After a pre-trial hearing that took two weeks, a judge will soon decide if Reeves is immune to prosecution under the Stand Your Ground law.

But, what happens if the law changes?

State lawmakers are set to vote on major changes to the law, including one that would place the burden of proof on the state.

It would require the state to prove that someone didnt act in self-defense, said local defense attorney John Hackworth.

Hackworth says if the law changes, prosecutors could face an uphill battle.

If its a murder, one of the witnesses is already dead, so you have limited witnesses. Generally, these things dont happen on a street corner, so putting that enhanced burden on the state would make it that much more difficult to prosecute these folks.

What about the Reeves case? Could that be impacted by these changes, too?

I dont think anyone knows the answer to that yet. I do know that had his attorney Mr. Escobar known about this, and the statues were enacted, I can guarantee he would have testified under the new statute, and the burden is so much higher, it probably would have increased their chances of succeeding on this motion significantly, said Hackworth.

Another big change in the Stand Your Ground law up for vote is that the defendants testimony during pre-trial would not be able to be used against them in court.

Hackworth also says if enacted, it would make it easier for criminals to take advantage of the Stand Your Ground law.

The legislative session starts tomorrow, where these changes are on the agenda.

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Pasco movie theater shooting case could be impacted by 'Stand ... - WFLA

As a person of color, there are only two words I think of when I hear the phrase Stand Your Ground.

Trayvon Martin.

As a person of color, I see legislation that allows gun owners to discharge their weapon into the body of someone viewed as a threat, as a direct attack on anyone that provokes fear. African Americans have a long history of provoking irrational fear among white people. Thanks to media-reinforced stereotypes, we are viewed as violent thugs capable of instantaneous nonsensical violence. George Zimmerman was exonerated from all culpability when he shot Trayvon Martin because of Floridas Stand Your Ground law. Even though he was directed by 911 to cease following Trayvon, he continued to pursue him, ultimately shooting him at close range. Because of this law, the court was forced to declare Zimmerman not guilty because there was no evidence that contradicted his version of events leading up to the shooting.

I am the mother of five children, and I cant help but think about the danger this law poses to my children. If found at the wrong place at the wrong time, they could easily be perceived as a threat by someone unfamiliar with who they are or what their motivations are for being there. Whats worse, according to the 2012 National Bureau of Economic Research, Florida-type Stand Your Ground laws were associated with a 6.8 percent increase in homicide. Those accused of murder tend to make Stand Your Ground their first line of defense. Nearly 60 percent of people using the Stand Your Ground defense have prior arrests or convictions for violent crimes. One-third of them carried their guns illegally or had threatened others with them.

If we truly care about the defenseless, consider the opinion of minorities in this matter. It has been our minority population that has been historically victimized for the imagined crime of not fitting in.

In this regard, Stand Your Ground is nothing more than a fear-based license to kill.

Jacqueline Watkins

Jacqueline Watkins is a student majoring in psychology at the University of Iowa.

Originally posted here:
Guest Opinion: Stand your ground laws dangerous - The Daily Iowan

Floridas stand your ground law, a source of contention for years, could soon provide even more protection to people who invoke it. Some lawmakers want to make prosecutors prove a defendant wasnt acting in self-defense before proceeding to trial.

Florida has been a leader in giving citizens immunity in cases of self-defense, with its stand your ground law serving as an emotional point of debate after several high-profile shooting deaths, including that of unarmed black teenager Trayvon Martin.

While at least 22 states have similar laws that say people can use force even deadly force to defend themselves from threats, Florida could soon be alone shifting the burden of proof to prosecutors.

Republican Sen. Rob Bradley says his bill isnt a novel concept.

We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end, he said.

Floridas Supreme Court has ruled that the burden of proof is on defendants during self-defense immunity hearings. Thats the practice around the country. According to a legislative staff analysis of Bradleys bill, only four states mention burden of proof in their stand your ground laws Alabama, Colorado, Georgia and South Carolina and all place the burden on defendants.

Bradleys bill died last year but now its chances are improving: Its ready for a full Senate vote when the session begins next week, and one of two House committees assigned to hear it has approved it.

Democrats are opposing the bill, but have little leverage to stop it in a legislature dominated by Republicans and with a Republican governor.

The bill has received passionate opposition from people who feel the existing law has already been abused and will be invoked even more by people seeking to avoid responsibility for violent crimes.

Stand your ground is not just about guns: The defense can be invoked after any act of violence aimed at self-protection, whether its punching, stabbing, shooting or striking someone with an object.

Neighborhood watch volunteer George Zimmermans fatal shooting of Trayvon Martin isnt the only case thats part of the debate in Florida.

Lucy McBaths 17-year-old son Jordan Davis was fatally shot by Michael Dunn during an argument over loud music outside a Jacksonville convenience store. And in the Tampa Bay area, retired police officer Curtis Reeves is claiming self-defense in a stand your ground pretrial hearing after fatally shooting Chad Oulson in a dispute over a cellphone at a movie theater.

Both Zimmerman and Dunn claimed self-defense at trial and stand your ground was included in their juries instructions. Zimmerman was acquitted and Dunn was eventually convicted of murder.

McBath believes the way the law currently reads is why Dunns first jury couldnt reach a decision, and says expanding stand your ground protections would make it harder to keep people safe from gun violence.

Testifying against the bill at a Senate committee meeting, McBath said the current law already encourages citizens to shoot first and ask questions later.

This legislation would effectively require defendants who raise stand your ground defenses to be convicted twice, she said. Having lived through this grueling experience firsthand with two trials for my sons murder, I can attest to the anguish and the pain that this process elicits. We should not make it harder for family members to achieve the justice that they deserve.

Marissa Alexander, in contrast, supports Bradleys bill. She unsuccessfully tried a stand your ground defense and was sentenced to 20 years in prison in 2012 for firing a gun near her estranged husband. She called it a warning shot to protect herself from abuse. Her conviction was thrown out on appeal and she was freed after reaching a plea deal in 2014.

I feel like you go into that kind of situation guilty until proven innocent, she said. She hopes Florida will start another trend if it passes.

Florida kind of sets the tone and other states follow, she said.

Republished with permission of The Associated Press.

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See original here:
State could flip burden of proving 'Stand Your Ground ... - SaintPetersBlog (blog)

TALLAHASSEE | Floridas stand your ground law, a source of contention for years, could soon provide even more protection to people who invoke it. Some lawmakers want to make prosecutors prove a defendant wasnt acting in self-defense before proceeding to trial.

Florida has been a leader in giving citizens immunity in cases of self-defense, with its stand your ground law serving as an emotional point of debate after several high-profile shooting deaths, including that of unarmed black teenager Trayvon Martin.

While at least 22 states have similar laws that say people can use force even deadly force to defend themselves from threats, Florida could soon be alone shifting the burden of proof to prosecutors.

Republican Sen. Rob Bradley says his bill isnt a novel concept.

We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end, he said.

Floridas Supreme Court has ruled that the burden of proof is on defendants during self-defense immunity hearings. Thats the practice around the country. According to a legislative staff analysis of Bradleys bill, only four states mention burden of proof in their stand your ground laws Alabama, Colorado, Georgia and South Carolina and all place the burden on defendants.

Bradleys bill died last year but now its chances are improving: Its ready for a full Senate vote when the session begins next week, and one of two House committees assigned to hear it has approved it.

Democrats are opposing the bill, but have little leverage to stop it in a legislature dominated by Republicans and with a Republican governor.

The bill has received passionate opposition from people who feel the existing law has already been abused and will be invoked even more by people seeking to avoid responsibility for violent crimes.

Stand your ground is not just about guns: The defense can be invoked after any act of violence aimed at self-protection, whether its punching, stabbing, shooting or striking someone with an object.

Neighborhood watch volunteer George Zimmermans fatal shooting of Trayvon Martin isnt the only case thats part of the debate in Florida.

Lucy McBaths 17-year-old son Jordan Davis was fatally shot by Michael Dunn during an argument over loud music outside a Jacksonville convenience store. And in the Tampa Bay area, retired police officer Curtis Reeves is claiming self-defense in a stand your ground pretrial hearing after fatally shooting Chad Oulson in a dispute over a cellphone at a movie theater.

Both Zimmerman and Dunn claimed self-defense at trial and stand your ground was included in their juries instructions. Zimmerman was acquitted and Dunn was eventually convicted of murder.

McBath believes the way the law currently reads is why Dunns first jury couldnt reach a decision, and says expanding stand your ground protections would make it harder to keep people safe from gun violence.

Testifying against the bill at a Senate committee meeting, McBath said the current law already encourages citizens to shoot first and ask questions later.

This legislation would effectively require defendants who raise stand your ground defenses to be convicted twice, she said. Having lived through this grueling experience first-hand with two trials for my sons murder, I can attest to the anguish and the pain that this process elicits. We should not make it harder for family members to achieve the justice that they deserve.

Marissa Alexander, in contrast, supports Bradleys bill. She unsuccessfully tried a stand your ground defense and was sentenced to 20 years in prison in 2012 for firing a gun near her estranged husband. She called it a warning shot to protect herself from abuse. Her conviction was thrown out on appeal and she was freed after reaching a plea deal in 2014.

I feel like you go into that kind of situation guilty until proven innocent, she said. She hopes Florida will start another trend if it passes.

Florida kind of sets the tone and other states follow, she said.

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Florida could flip burden of proving 'stand your ground' | St ... - St. Augustine Record