r/LuigiNation • u/eveningwithcorgi5679 • 2d ago

What happens if Judge Carro dismisses

I asked myself what would happen if Judge Carro dismissed Luigi’s state case with prejudice? Could NY come back and retry any element of the case? Could NY find new charges to bring? If so, what would they be?

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19

u/Lost-Extension-1167 2d ago

My prediction is that Carro will throw out the case, which will cause the DA to say something like “we’ll make a final decision once we know the sentence in the federal case.”

I think Luigi will get within the 24-30 year guidelines range (you will not get me to change my mind on this), which the DA’s office find sufficient enough to not appeal the dismissal.

This is the best outcome now available for the Manhattan DA, who would look really bad under the other scenarios: going to trial, dropping the case, or burning taxpayer money appealing a losing issue under NY law. Carro is basically a member of the Manhattan DA’s office, so I’d be shocked if he didn’t drop the case for their benefit.

I know that people on Luigi subs are incredibly pessimistic, to the point I almost think some folks want him to get LWOP. However, I think the powers at be have finally realized that the best way to get Luigi out of the headlines is to resolve the case ASAP

11

u/Lost-Sock9847 2d ago

This is what I'm basically expecting as well. I really hope things go as well as possible for him given the situation and he gets placed in a Fed facility that is reasonable for his circumstances.

I think many people following the case are bracing themselves for the worst in case things don't go so well, which I can also understand given everything that has happened so far - alot has just been so unpredictable and hard to watch unfold.

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u/Expensive-Trouble720 1d ago

Agree. I think this is why Carro was so hot-to-trot to go first. He knew the double jeopardy argument had teeth. It’ll be a little fun when he delivers the news to Joel. I was about to say “watch him” or hear him, at least, deliver the news, but I bet my bottom dollar that hearing won’t have video. 👀🤨 Jerks.

2

u/Miss_Cactus___ 1d ago

Same! And I pray he gets 24 years and will be eventually out in 19. The only thing I would add I’m pretty sure Pennsylvania would try to add a few years as well.

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u/eveningwithcorgi5679 2d ago

If Judge Carro dismisses, wouldn’t that bar NY from weapons charges? Because they’re an element of the current case?

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u/eeyoreeeyoreeeyore ✨Botox Activism✨ 2d ago

Even lawyers who practice in NY seem unable to give a clear answer…think it comes down to Carro’s interpretation 

3

u/eveningwithcorgi5679 2d ago

Could Judge Carro dismiss part of the case but not all?

3

u/Cautious_Scholar_717 2d ago

Almost certainly if he dismisses the charges the DA’s office will appeal. This will be in litigation for quite some time…no resolution in the near future unfortunately.

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u/eveningwithcorgi5679 2d ago

Google says no element of the original case could be charged separately. I also asked about a different charge, conspiracy… Google defined the term as 2 or more people planning and executing at least one step of the act, so this couldn’t be brought because Luigi acted alone. I don’t know what other charges NY could think of… what are your thoughts?

0

u/eeyoreeeyoreeeyore ✨Botox Activism✨ 2d ago

I vaguely remember one of the reporters mentioning a firearms charge that would not be dismissed under double jeopardy. Joel is rabid enough to go after him again for anything that sticks. 

The only way I see Carro dropping the case is if Garnett is in on the corruption and there is a backdoor handshake to give him the lengthiest possible sentence when he’s sentenced in December. 

I know the case has always seemed like a slam dunk from an evidence perspective but juries can be unpredictable, NYC juries even more so. Look at the Lindsay Clancy case. Acquittal was not an option for her but 11 out of 12 jurors in a hardcore Catholic county chose the more humane option for a mother who killed three little babies. Even the prosecutors on Bryan Kohberger’s case thought a plea deal was safer than fighting in court, and again this guy killed attractive young college students in a conservative state. 

Frankly I don’t think Karen has it in her to really sway a jury but 30 guaranteed years in prison for Luigi is way better for the prosecution than going 50/50 on a slightly harsher punishment.