Updated 09/24/2009 06:06 AM
Judge warns DA he might be prosecuting incorrect charge
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OSWEGO, N.Y. -- Regarding the second degree murder under depraved indifference charge, on more than one occasion, the judge told District Attorney Donald Dodd he didn't believe Dodd was prosecuting the correct charge. But Dodd feels he is and says he worked diligently over the past two weeks to prove Alan Jones acted with depraved indifference.
Depraved indifference is when you acknowledge a despicable, inhumane act by another or on another, but show no emotion and response to it. That means, if a jury believes Jones intended to kill Erin but did not act with deprave indifference, that Jones could be acquitted.
Regardless of public opinion, it's that possibility has some people concerned.
The jury will resume deliberations Thursday morning.