Crimsoncrew
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No, the prosecutor was just trying a differnt tact in order to get the guy some jail time. This was a serate charge on the same incident.
What is the Twinkie defense? It sounds familiar but I can't recall. Do I even want to know?
Twinkie defense - Wikipedia, the free encyclopedia
Basically, depression and eating junk food was a defense to the double homicide of SF Mayor George Moscone and City Supervisor Harvey Milk.