Man Admits Killing, Police Helpless to Do Anything
A Vermont man, who called the police last month and told them he had shot a man in the head, has been told by police that they can do nothing about it.
In 2002, Isaac Turnbaugh was charged with the murder of co-worker Declan Lyons. Lyons was shot in the head sniper-style outside of an American Flatbread restaurant in Waitsfield, Vermont on April 12 of that year.
Turnbaugh admitted to the murder several times during the investigation, but defense attorneys argued that it was mental illness and drug use that inspired the confession, not any involvement in the murder, the Burlington Free Press has reported.
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A key issue in the acquittal was that the fatal bullet was never found and no ballistics test could be done, making it difficult to convince a jury without any hard evidence other than the questionable confession of a heavy drug user with mental illness. Turnbaugh was eventually acquitted of the murder charges in 2004.
But last month, Turnbaugh called local police and told them he was guilty of the murder. While in custody for questioning, Turnbaugh hit a police officer in the jaw for no apparent reason. Police charged him with assault of a police officer. However, according to prosecutors there is nothing they can do about the murder confession.
The Fifth Amendment of the U.S. Constitution says that no person “be subject for the same offense to be twice put in jeopardy of life or limb.” In legal doctrine, this is called “double jeopardy.”
There are exceptions, however, such as if a judge was found to be bribed or new evidence was discovered. However, without any forensic evidence being found during the initial investigation, there is virtually no chance of any turning up now.
Prosecutors feel that their chance has been lost.
“You only get one bite of the apple,” Vermont Attorney General William Sorrel said. “You can go out on the courthouse steps and confess, and the state can't do anything."
Turnbaugh’s lawyer, Kurt Hughes, said that his client’s new confession is nonsense.
"It is part of his mental illness,” Hughes said. “He also claimed responsibility for 9/11.”
