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Florida man acquitted of 2nd degree murder after shooting wife's lover

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Mack27

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http://www.nydailynews.com/news/national/man-70-acquitted-killing-wife-lover-mid-tryst-article-1.1360052

On the night of March 10, Wald, who suffers from erectile dysfunction, walked into his living room to find Conley on top of his wife, Johnna Lynn Flores, 41. Wald then retrieved a .38-caliber revolver from the bedroom and fatally shot Conley in the head and stomach.

Wald argued that he thought that Conley was an intruder who was raping his wife when he shot him in his living room.


Is this just a case of of Florida not being like the rest of us? The wife did claim to be blackout drunk, which if true would make it a case where Conley could indeed have been prosecuted for rape had he not been shot to death.

But why couldn't any jealous husband who finds out his wife is being unfaithful just plan to "accidentally" happen on to his wife's consensual sex with a lover and shoot the lover claiming he thought she was being raped? How do you prove or disprove what he was thinking at the time?

It could go something like this:

husband: I heard some commotion from the bedroom, I thought I heard my wife scream in pain. I entered to find her being raped and shot the guy.

interrogator: So you didn't at any point think it might be consensual sex?

husband: No, man, Jesus....my wife loves me, she'd never do that to me. That thought never crossed my mind until after the fact. I don't want to think about it.
 

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