Legalfag here.
If Rivello has a good lawyer and not a public defender, any good legalfag could have this thrown out.
Any decent legalfag knows 99 years is too excessive and is false bullshit leverage the (((prosecutor))) creates to win the plea. The D.A. likely believes a mens rea/intent argument versus Rivello will make Rivello supplicate under the pressure of a falsely created leverage point vis-a-vis the 99 year max being sought.
It is easy for a decent legalfag to raise enough reasonable doubt in a jury trial to easily beat the D.A.'s purported "mens rea" argumentative assumption.
For example, a legalfag could argue in Rivello's defense:
"If (((Eichenwald))) was worried about seizure, epileptics are very cautious about what they can see on other grapbic communications technologies, like a TV. In fact, most epileptics have protocols they follow to ensure not to have a television induced seizure.
Patients with TV induced seizures should are advised to view TV in a well lit room, maintain a maximum comfortable viewing distance (typically, more than 2.5 yards for a 19" screen), use the remote control and – if necessary to approach the screen – cover one eye firmly with their palm, and avoid prolonged watching particularly if sleep deprived and tired. Also, valproate or levetiracetam could be used if AEDs are needed, for patients who also have spontaneous seizures.
Twitter has a GIF autoplay feature that is easily disabled by any user. (((Mr. Eichenwald))) was negligent in his use of technology if he is an epileptic. Especially an epileptic who is a public figure that checks Twitter. Since anything can be posted on. Twitter, (((Mr. Eichenwald))) was extremely negligent in protecting himself.
This has the same legal standing as Mr. Eichenwald suing Tom Hanks for a inducing a seizure while the defendant was watching Forrest Gump…
Then cross examine the fuck out of (((Eichenwald))) by showing that he didn't follow due-diligence as an epileptic to protect himself from seizures… Then bring in the liability language in (((Twitter's))) Terms of Use and Amy legalfag could turn this over on (((Eichenwald))), and either get a hung jury or a not guilty verdict for Rivello.
Rivello's lawyers should be gassed. It seems like they honestly suck and are not the best legal team for this. Rivello needs good lawyers, I mean, how the fuck was he liable in a civil case? I've defended civil lawsuits that were far more difficult than this, I would pro-bono for Rivello if I wasn't in the middle of a difficult technical case right now (D.A. fucked up several procedural motions and I can get the case thrown out, but the fuckers are tight with the judge, so I have to give the judge bulletproof plausible deniability to fuck the D.A. he works with everyday to drop the case.)
Rivello needs better attorneys. Someone start a GoFundMe or some shit.