Judge hears arguments on retrial for Raul Valle in deadly stabbing of Jimmy McGrath
Raul Valle was previously acquitted of murder, intentional manslaughter and intentional assault in a fight at a high school party that left four people stabbed, one of them fatally.
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A judge will weigh arguments before deciding whether or not a Milford man can be retried for a deadly stabbing at a high school party in Shelton.
Last July, a jury acquitted Raul Valle, now 20, of murder, intentional manslaughter and intentional assault for a fight on May 14, 2022, that left three people injured and one dead, 17-year-old Jimmy McGrath. But jurors deadlocked on the lesser charges, which the state refiled and is pursuing again.
On Monday, attorney Darnell Crosland, who represents Valle now but did not at trial, used a PowerPoint in Milford Superior Court as he asked Judge Kevin Russo to dismiss the pending reckless manslaughter and reckless assault charges against his client.
“Here we have the same act, the same night, the same individuals. We cannot have a new trial based on these facts,” Crosland stated.
He argued that the jury at Valle's trial must have determined Valle acted in self-defense when they acquitted him of the most serious charges.
But Judge Kevin Russo took issue with that interpretation.
“Isn't there the possibility that when the jury deliberated, they never reached the issue of self-defense because they determined the state did not carry its burden of proving intentional conduct beyond a reasonable doubt?” Russo questioned.
Senior Assistant State's Attorney Marc Durso countered that's exactly what did happen. Durso read aloud the jury instructions from the trial judge, Shari Murphy, which said jurors shouldn't consider self-defense unless they first found the state had proven guilt beyond a reasonable doubt. Durso also said a finding of self-defense on the top charges wouldn't have even allowed the jury to consider the lesser charges.
“Had the jury found self-defense, let's say on the murder charge, the two assault-one charges, the assault-two intentional, we wouldn't be here today,” Durso stated. “Self-defense applies all the way down. Had it applied to the greater offenses, we would not be here having this discussion. It would've been an outright acquittal, including the reckless charges.”
Durso also brought up an interview done post-verdict with the jury foreman where the man confirmed the issue of self-defense never came up during deliberations.
Crosland asked Russo not to consider that interview in his decision. Russo agreed but said that would go for all media on the case, including a clip Crosland himself had emailed the judge.
"What's good for the goose is good for the gander," Russo stated.
The judge did not make a ruling during the proceeding and said he’d issue a written decision within 90 days, though he expected it to be much less time.
After the hearing, Crosland was asked if he was confident the case would go his way.
“A lot of times the courts lean towards the prosecution. We've come to learn that and accept that. But I think the appellate court looks deeper into the issues that were raised. These are constitutional issues. I think Judge Russo will do the right thing, but you know, wake me up when it happens,” Crosland responded.
McGrath's father countered that his family felt good about the way things went in court.
“We're looking optimistically for Judge Russo to come back and render a decision,” Kevin McGrath said. “I believe Judge Russo has all the information he needs.”
PRIOR COVERAGE: Family of fatally stabbed Fairfield Prep student frustrated by latest delay in Raul Valle case
Raul Valle hires new attorney for round 2 of case in Jimmy McGrath’s death
Raul Valle gets 45 more days to find attorney in Jimmy McGrath case
Raul Valle found not guilty of murder in fatal stabbing of Fairfield Prep student at party
What’s next after the Raul Valle trial verdict: civil cases and potential future prosecution
