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1980 but was acquitted in a retrial last spring. But beyond that, Mr. Poling said, “What good was it (a prison sentence) going to do? It wouldn’t bring the man back.” Both Mr. Poling and a second juror, Washington roofer Irving Starks, said this week they believed Ms Dana was largely responsible for the tragedy.
Mr. Starks said, “That Mo (Dana’s nickname),,.you know she just drove him into those things. She had him under the impression everything was all right.”
A juror who asked not to be identified said that lack of evidence became a problem in the deliberations.
"We had a lot of questions at first but there wasn’t enough information,” the juror said, “and according to the instructions if you are in doubt you have to go for the lesser offense.”
That juror and others said the instructions telling them malice and passion could not co-exist heavily influenced their decision.
“Everyone felt there was passion involved.” the juror said, adding that because that belief was so strong “first and second degree murder had to be excluded.”
The juror also said that although there was little sympathy among jurors for LaBove there was some for Ms Dana, particularly among the women jurors. Some believed that she “had been in a suffocating relationship and it took a lot for her to get out of it.”
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