**Sorry if this is getting confusing, since his 'first' closing arguments were broken down into 4 parts. After TW made his closing statements, DAJR was given the opportunity to speak again, as per law, as explained by TW in his closing arguments that the Prosecution gets to go AGAIN after him.
DAJR TORE THE DEFENSE APART. This was truly the end of the case, he left no doubt, he went through TW's statements one by one, accentuating the falsities and ridiculousness of it all.
"Skillful argument to make you fearful of returning a verdict." -DAJR directly to the Jury. He was direct, obviously heated, and went on to explain how his statements tried to do this (the just of one: ~"There was that 9 loci DNA profile on the rope the Prosecution checked CODIS for a match. It is still in the CODIS database, still being searched. Wont you feel terrible if you return a verdict of Guilty, and years later CODIS turns up a match for that profile? I mean you may have convicted an innocent man in that case."). He really did try to instill fear and doubt through 'what ifs' and gross speculation.
**DAJR then came back to TW's statement about "the Prosecution makes arguments about evidence that aren't proven." Explaining that TW went on to make arguments about evidence that aren't proven, just as he warned the Jury against. And even worse, TW made arguments against evidence that IS PROVEN. DAJR tore him up for this BADLY. I was watching TW for his reaction and he looked emotionally beat, he knows this trial is coming back with a guilty verdict, he is probably just wondering on which count so that he can continue to prepare for their appeal.
**I have notes for it, but I am sure at which point during DAJR's closing it occurred: McClish turned around to his family in the stands, and shrugged with his arms completely outstretched in a manner so obvious the Jury couldn't have missed it. The look on his face was equal parts 'this is over,' 'F-me,' 'sorry guys.' He knows he is guilty. He must know the Jury is leaning towards it. I would say it is the point he truly lost all hope.
**When talking directly about TW, DAJR said that he uses small mistakes (like one testimony that said 1.2% and not 0.12%) to attempt to show that ALL of their testimony was untrustworthy. DAJR said he could do this too, say for example: when TW spoke about the witness that identified Asha's car in a 'sound lineup' of 4 vehicles, as well as by its "headlights." That in fact when he said the "headlights were similar, it was not actually the headlights but the taillights he identified as being similar. People make mistakes (he pointed at TW) it doesn't mean they are trying to shift or sway the opinion of the Court." It was great. He was saying I could stoop to your level, TW, but I am above that because it is petty. Now here is an example of how I could be petty like you. I was laughing, and the Jurors seemed equally as amused. I didn't take notes after this point because of the speed with which DAJR was talking. In this moment more than any other in the trial, he really showed that pedigree he has, and his father was there to see it which was truly awesome. He was perfectly in his element, completely comfortable, and it showed in spades. Honestly I feel like his talents might be wasted being a DA in a small county like Santa Cruz. I know he is a native, but I think if he moved to a larger court no one could say they didn't expect it. Certainly no one could resent it.
No comments:
Post a Comment