The jury found Monaghan not guilty on the murder charges, but hung 10-2 for acquittal on other charges of voluntary manslaughter. He has remained in custody on $5 million bail, which his lawyer claims may as well be $5, as he would be held in custody in any event by immigration authorities.
The prosecution charged that the two men were involved in an argument when Viollat challenged Monaghan after he was in conversation with Viollat’s girlfriend, Viva Taylor, as they were on deck smoking together. Assistant District Attorney Anna Gonzalez charged that during the argument Monaghan threw Viollat overboard. A search by the Coast Guard that night was unsuccessful. Viollat’s body was later found in the bay some two weeks later.
Defense attorney Ken Quigley claimed that his client acted in self-defense after he was attacked by Viollat, who, he said, was in a jealous rage.
Since last year there have been several court appearances to negotiate between the parties and avoid another trial. Monaghan’s lawyers have held firm in their demand for his immediate release and have rejected any plea bargain.
The new trial takes place against the backdrop of a new district attorney, Kamila Harris, taking office in San Francisco. Harris is the first African-American D.A. in California and the first woman to be elected to the position. She replaced Terence Hallinan in a hotly contested election, which went to a run-off election on Dec. 5. Harris was sworn in on Jan 8. She said that her first priority is to instigate a full audit of the department.