The sponsor of a vetoed bill to help a hiker convicted in a trailside shooting and others who claimed self defense said March 6 she hopes to revive the idea with a new version that would affect fewer cases.
Sen. Linda Gray’s bill (S1302) would have made a 2006 self-defense law apply retroactivity to cases pending when it took effect with Democratic Gov. Janet Napolitano’s signature last April.
Several prosecutors told Napolitano that the measure could lead to a reopening of numerous cases, but Gray said she would like prosecutors to list the cases to prove their contention. The Glendale Republican said she believed the retroactivity law would only affect 10 or so cases, including the second-degree murder case of Harold Arthur Fish.
Gray: No override
Gray said she won’t seek an override of Napolitano’s veto, issued March 2.
“I would like to ask the governor what specific language would be necessary to narrow this down to get her support,” Gray said, adding that Senate President Tim Bee has requested a meeting with Napolitano to discuss the issue.
Because the vetoed bill was an emergency measure that would have taken effect immediately, a three-quarters vote by each chamber would be needed for an override, instead of the normal two-thirds.
Gray’s bill sailed through the 30-member Senate on a 29-0 vote but the House’s vote was only 42-27, and House Democratic Leader Phil Lopes said March 5 that House Democrats would not support an override.
The 2006 law shifted the burden of proof in cases where people charged with a crime are claiming self-defense.
Under the 2006 law, prosecutors must prove beyond a reasonable doubt that a self-defense claim was unfounded. Before the law was changed in 2006, defendants had to prove that they acted to protect themselves.
Gray and other supporters hoped the law would be included in instructions given to jurors in Fish’s trial on charges he fatally shot Grant Kuenzli during a 2004 confrontation on a trail near Payson. Fish had claimed self-defense, saying that Kuenzli charged him in a threatening manner after Fish shot a dog that he considered a threat.
A Coconino County Superior Court judge denied a request by Fish to apply the new self-defense law retroactively to his case, and the Arizona Supreme Court on Feb. 9 ruled in another defendant’s case that the law didn’t apply retroactively.
A group representing Arizona prosecutors opposed both the 2006 and 2007 legislation, but the National Rifle Association voiced support for Fish’s self-defense claim and backed the legislation each year.
Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.