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State Attorney pans expected Stand Your Ground change, placing burden on prosecutors

Palm Beach County's State Attorney used strong words this week, opposing proposed changes to the state's Stand Your Ground law.

A bill in Tallahassee would shift the burden of proof in these cases to prosecutors. While similar legislation failed last year, the proposal passed the State Senate last week, and appears headed for approval in the House.

The case of Rijkard Jean-Baptiste is a local example of how the law currently plays out.

Jean-Baptiste had two murder charges against him dismissed late last year. He had been charged with murder in the fatal shootings of two teenagers, ages 16 and 17, at a Sweet 16 party at Riviera Beach's old Newcomb Hall.

Jean-Baptiste insisted he fired in self-defense, and took his claim of immunity under the states Stand Your Ground law to a judge. The judge agreed with Jean-Baptiste, and threw out the charges.

At the present time, its up to defendants like Jean-Baptiste, and their lawyers to prove their Stand Your Ground claims.

Under the legislation now in Tallahassee, the burden would shift to prosecutors, and to the typical evidence standard-- beyond a reasonable doubt.

Palm Beach County's top prosecutor, State Attorney David Aronberg, said he fears the change will end up helping those it shouldnt.

"Stand Your Ground was supposed to allow people to protect their family and their loved ones, not give gang members a free pass for murder," said Aronberg.

State Attorney Aronberg said hes dubbed the bill the Gang Members Protection Act.

"Any defendant would be able to say, Hey I shot this guy, because I was scared for my life," said Aronberg.

Then it's up to us to somehow, before trial, prove beyond a reasonable doubt, that in his mind, he wasn't scared, Aronberg continued. And that is so hard to prove."

But backers in the legislature say prosecutors have always had the burden of proof in criminal cases, and this simply clarifies it's prosecutors who should have the burden in a Stand Your Ground hearing.

"These hearings usually took a few hours," said veteran West Palm Beach criminal defense attorney Gregg Lerman. He said the legislation, if approved, would create the need for what amounts to a second trial, prolonging such cases.

"They're going to have basically a full-blown, nonjury trial, where they have to lay out all their cards to a judge, and prove to a judge beyond a reasonable doubt," said Lerman.

However, another West Palm Beach defense attorney, Michael Salnick, said he did not expect a big impact on the system.

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State Attorney pans expected Stand Your Ground change, placing ... - WPEC