by chiggerbit » Sat Jan 14, 2006 12:08 am
<!--EZCODE AUTOLINK START--><a href="http://www.newsmakingnews.com/vm,hamlin,verdict,1,12,06.htm">www.newsmakingnews.com/vm...,12,06.htm</a><!--EZCODE AUTOLINK END--><br><br>".....Count One was a verdict that rumor speculated had been arrived at the by the jury the previous week. The jury was apparently unaware of the fact it was by far the most serious charge facing the 45-year-old Richard Hamlin. This was the charge of "torture" and it carries the term of life in prison. The charge read:<br><br>On or between the 1st day of June, 2003 and the 28the day of February, 2004, in the County of El Dorado, the crime of TORTURE, in violation of PENAL CODE SECTION 206, a Felony, was committed by RICHARD W. HAMLIN, who did unlawfully and with the intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic purpose, inflict great bodily injury, as defined in Penal Code Section 1202.7, upon Susan Hamlin.<br><br>As the clerk read the verdict of GUILTY one could hear a faint gasp from the audience that brought a stern look from Judge Keller. This reaction brought a look of puzzlement to the face of several jurors. <br><br><br>Counts Two through Four dealt with charges of felony child abuse and endangerment. Each count alleged that Richard W. Hamlin caused his child "to suffer unjustifiable physical pain and mental suffering or to be placed in such a situation that his/her person and health may be endangered". Each count named one of the three children who had testified during the opening stages of the trial. Each count also covered the same time frame from the 1st day of November 2003 to the 26th day of February 2004, the day the children were placed in protective custody. In each instance the jury found Richard Hamlin NOT GUILTY of the felony charges. However, they did find him GUILTY of a lesser included misdemeanor counts of Penal Code 273a(b) "willfully causing a child to suffer unjustified mental suffering".<br><br>Count Five alleged that on or about the 17th day of September 2003 Richard Hamlin committed the crime of "ASSAULT BY MEANS OF FORCE LIKELY TO PRODUCE GREAT BODILY INJURY in violation of PENAL CODE SECTION 245(a)(1)", a Felony upon Susan Hamlin. The jury was DEADLOCKED on this charge.<br><br>Count Six specified that between the 1st day of January and the 28th day of February 2004, the day Hamlin was arrested, he "did willfully and unlawfully threaten to commit a crime which would result in death and great bodily injury to Susan Hamlin, with the specific intent that the statement by taken as a threat", a Felony under PENAL CODE SECTION 422. The jury reached a verdict of GUILTY on this count.<br><br>Count Seven narrowed the time line to between the 1st day of February 2004 and the 15th day of February 2004 and specified that Richard Hamlin inflicted corporal injury upon Susan Hamlin resulting in a traumatic condition to Susan. The jury determined Hamlin was NOT GUILTY of this charge.<br><br>Count Eight covered the same time frame as County Seven and alleged FALSE IMPRISONMENT in violation of PENAL CODE SECTION 236, a Felony. Susan Hamlin was alleged to be the victim. Richard Hamlin was found NOT GUILTY of this count.<br><br>Count Nine occurred between the 1st day of June 2003, an the 28th day of February 2004 and alleged CORPORAL INJURY TO SPOUSE resulting in a traumatic condition upon Susan Hamlin in violation of PENAL CODE SECTION 273.5(a), a Felony. The jury returned a verdict of GUILTY to this charge. Attached to this charge was a special allegation alleging that Richard Hamlin, in the commission of Count Nine, inflicted great bodily injury on his wife. The jury found him NOT GUILTY of this special allegation.<br><br>Count Ten addressed an incident on or between the 10th day of February, and the 11th day of February 2004. This incident involved an assault Susan Hamlin allegedly suffered from a sword wielded by Richard Hamlin. The charge was "ASSAULT WITH DEADLY WEAPON BY MEANS LIKELY TO PRODUCE GBI (Great Bodily Injury), a Felony, in violation of PENAL CODE SECTION 422." (Emphasis underline added by author.) Richard Hamlin was found GUILTY of this charge. <br><br>Count Eleven also covered the same dates of February 10 and 11th, 2004. This alleged felony was "CRIMINAL THREATS, in violation of PENAL CODE SECTION 422" committed by Richard Hamlin who allegedly threatened to commit a crime which would result in death and great bodily injury to Susan Hamlin. Once again the jury found he was NOT GUILTY of this charge. This allegation also had a special allegation attached to it alleging that Hamlin was armed with a firearm while committing the offense. The jury found a NOT GUILTY verdict.<br><br>Count Twelve again covered February 10th and 11th, 2004. The alleged crime was "FALSE IMPRISONMENT BY VIOLENCE, in violation of PENAL CODE SECTION 236", a Felony against Susan Hamlin. It also carried the use of a firearm as a special allegation. The jury found Richard Hamlin NOT GUILTY of both County Twelve and the special allegation.<br><br>Count Thirteen alleged that on or about the 11th day of February, 2004, Richard Hamlin inflicted "CORPORAL INJURY TO SPOUSE, in violation of PENAL CODE SECTION 273.5(a), a Felony". It also specified that the corporal injury inflicted resulted in a traumatic condition upon Susan Hamlin. The jury verdict was GUILTY of this charge.<br><br>Count Fourteen also dealt with February 11th, 2004, and alleged a "crime of CORPORAL INJURY TO SPOUSE, in violation of PENAL CODE SECTION 245(a)(1), a Felony", was committed by Richard Hamlin, who did commit an assault upon Susan Hamlin with a gun and by means of force likely to produce great bodily injury. The jury was DEADLOCKED on both this count and the special allegation of use of a firearm.<br><br>Count Fifteen also dealt with the events of the 11th day of February, 2004, and specified the crime of "CRIMINAL THREATS, in violation of PENAL CODE SECTION 422, a Felony, was committed by Richard Hamlin against Susan Hamlin. The special allegation was use of a firearm including "DISCHARGE OF FIREARM WITH GROSS NEGLIGENCE, in violation of PENAL CODE SECTION 246.3". The jury found Richard Hamlin NOT GUILTY of both the count and the special allegation.<br><br>Count Sixteen charged that on or between the 21s day of February, 2004, and the 22nd day of February, 2004, Richard Hamlin DISCHARGED A FIREARM WITH GROSS NEGLIGENCE, in violation of PENAL CODE SECTION 246.3, a Felony. He was found NOT GUILTY of this count.<br><br>Count Seventeen charged that "on or between the 1st day of February, 2004, and the 26th day of February, 2004, the crime of CORPORAL INJURY TO SPOUSE in violation of PENAL CODE SECTION 273.5(a), a Felony was committed by Richard W. Hamlin, who did inflict corporal injury resulting in a traumatic condition upon Susan Hamlin". The jury found him GUILTY of this charge. However, it is very important to note that the prosecution had also attached a special allegation to this count alleging that Richard Hamlin inflicted great bodily injury upon Susan Hamlin. The jury found Hamlin NOT GUILTY of great bodily injury. This fine distinction between the definitions of "corporal injury" and "great bodily injury" demonstrates how careful this jury was to examine the actions and injuries alleged in the indictment.<br><br>Finally Count Eighteen alleged that on or between the 1st day of February, 2004, and the 26th day of February, 2004, Richard Hamlin committed the crime of "ASSAULT BY MEANS OF FORCE LIKELY TO PRODUCE GREAT BODILY INJURY, in violation of PENAL CODE SECTION 245(a)(1), a Felony, upon Susan Hamlin". The jury again found Richard Hamlin NOT GUILTY......"<br><br> <p></p><i>Edited by: <A HREF=http://p216.ezboard.com/brigorousintuition.showUserPublicProfile?gid=chiggerbit@rigorousintuition>chiggerbit</A> at: 1/13/06 9:11 pm<br></i>