According to the New York Daily News, a male model named Renato Seabra
is suspected of having murdered his lover, famous Portugese activist Carlos
Castro, during a dispute in a Times Square Hotel.
We have no idea what Seabra’s defense or explanation will be in this
matter, or whether he will ultimately even be charged. However, in our
experience, people who are suspected of having intentionally murdered
someone with whom they had a relationship frequently employ "mitigation
defenses" rather than "absolute defenses". A defendant
employs an "absolute defense," so to speak, when he claims that
he did not in fact kill the deceased, that he was mentally ill (and thereby
unable to understand and/or control his actions), or that he did so in
justifiable self-defense. Given the allegations we have heard about the
case thus far, an absolute defense seems unlikely here.
A defendant employs a "mitigation defense," on the other hand,
when he acknowledges that he is criminally responsible for the death of
the deceased, but that he is not guilty of the most serious applicable
charge, generally Murder in the Second Degree (Penal Law Section 125.25),
and is only guilty of a lesser charge such as Manslaughter in the First
or Second Degrees.
To learn more about "mitigation defenses" in homicide cases, click
If you or a loved one have been charged with murder or manslaughter in
New York, you should strongly consider contacting the experienced criminal
defense attorneys at
Galluzzo & Arnone LLP (www.gjllp.com).