Day 36: Closing Arguments

PROSECUTION: CLOSING ARGUMENTS
Lane first thanked the jury for their service and duty as citizens. Cross examination is the greatest part of any case for a lawyer because you can catch people in lies. Witnesses in the case have told different stories, and some have even lied. As jurors you have to rely on your own common sense to detect these lies. Jurors have to use the same standard with each witness. If you deem someone untrustworthy you can deem their testimony unreliable. The defense presented 3 witnesses in this case: Lacy Ortez, DeShawn Campbell, and Janee Gilmore. Their case rests on these people. You can't build a reasonable doubt with people you can't trust. Campbell places the body in the wrong place at the crime scene. In his re-enactment he wouldn't have been able to see what he says he saw. This case is 8 years old and it is tough to remember things. Nick Barta had an immaculate memory but couldn't remember talking to the San Jose Police. Ofc. Gonzales had to come in to give testimony about the conversation he had with Nick Barta. Behavior during testimony is an aspect. Lane was tough on Janee. In his 33 years he has never been called a "prick" in the courtroom, but her attitude was undesirable & undermined her credibility. Attitude during testimony. Edwin Campbell was popping his lips when he answered questions. It was problematic when he didn't ask his father why he was told to go home. He told us the police were choking his father, but in 2002 he testified he couldn't see his father when he drove up to the house. Edwin was willing to remember nothing that would incriminate his brother. Janee's statements about the conversation were inconsistent, she talked to him in the evening, the afternoon, and late at night. Lacey Ortez told a San Jose Police Officer that McNeary never told her he shot the officer. It is very difficult to trust someone who changes their story. Responsible testimony? Campbell says it definitely wasn't a vehicle stop. He said he was parked and talking to McNeary when he saw the car lights approaching. Ofc. Biskup said Jeff's lights were in the number 2 position when he pulled up on scene. Campbell can't say it was a police car stop because he then couldn't place McNeary next to his car. Witnesses admit they lied. Campbell admitted he lied. Witnesses convicted of a felony? There is no one with as many felonies in this case as Campbell. Don't automatically reject testimony based on inconsistencies. Witnesses are permitted to learn what they said, by being shown police reports or prior testimony. Some people made honest mistakes. Kimberly Brady said the wrong time while on the witness stand. Some people just lie. Rashaan Yarber didn't remember a thing from this case, and even on 10/28/01 he didn't cooperate with police. Det. Ramirez and Det. Edwards were very tenacious and polite during the investigation. It was like pulling teeth trying to get information out of these witnesses. We learned a lot in this case from honest police work. It's not hard to lie, it's hard to remember the lies you have told. This case is a monumental jigsaw puzzle, and the jury doesn't get to look at all the pieces together, it is done one by one. I will demonstrate that DeShawn Campbell shot Ofc. Jeffrey Fontana. Campbell is accused of a monstrous crime by killing a police officer. America has a great relationship with police officers. For their profession they have to participate in a great amount of training. They don't get an opportunity to re-examine situations, they have to react instantaneously. They do all of this without regard for personal safety. That is why it is so sad when an officer is killed in the line of duty, because they are protecting the community. Jeff was spot on when he stopped Campbell, because he was a wanted felon. It doesn't matter that Jeff might not have know this about Campbell. It doesn't make Campbell any less guilty. Criminals with guns commit crimes. Jeff put his life on the line for all of us. Campbell killed on of our best for selfish reasons. This case shows that humanity is worse because of people like Quincy Gilbert and Priscilla Smith. Quincy Gilbert got up in the middle of the night to pick up Campbell, later that morning Quincy sees police swarming Campbell's house, and never tried to help police. Campbell told Quincy "its all bad", and Quincy saw police that day but never said anything. Quincy testified " because i picked him up doesn't make him guilty". Campbell's friends selfishly ignored pertinent information that a reasonable citizen would have told to police. They did this to protect Campbell. We had 3 witnesses loss memory on motorcycles, 2 in car wrecks, and an army due to drugs and alcohol. Ruben Martinez was the poster boy for this. Some witnesses dishonored their oaths to lie for Campbell. People lie to protect the guilty. Efforts were made to conceal, and obstruct the investigation of this case. The strengths of this case have to deal with
1. Circumstance of the killing
2. Conspiracy to protect Campbell
3. Admissions
Friends and family were actively involved within minutes of the crime. They lied to protect the guilty. If they had information to prove his innocence they would be yelling and screaming. The lies and concealment's speak volumes in this case. Campbell's defense team is using fear mongering in this case, by showing you pictures of McNeary. There is very little difference between Campbell and McNeary. Both are violent criminals, both have been convicted of felonies, and both were validated gang members. The defense expert said someone who hangs with a gang, parties with a gang, drinks/smokes with a gang, hears gang secrets and is able to be a gang would be a validated gang member. The person described was Campbell. The defense acted desperately to bring in cognitive impairments. DeShawn Campbell knows the difference between right and wrong. Taking a gun and putting it within a foot of someones face is very difficult. Campbell's demeanor during his testimony was not suppose to be talked about by Dr. Greenspan. Dr. Greenspan's preparation was shocking. He was very unprepared. Campbell was able to persuade DA Jim Hammer in a previous case to drop the charges against him. Campbell held up to cross examination better then a 10 year would. The defense brought in mental retardation to gain sympathy. Motive can help you understand acts. The defense says McNeary was a 3 striker. McNeary has been arrested after this case has happened, he was in prison while talking to Sally Graver. Nothing happened during those arrests, McNeary never resisted arrest. Campbell is the one who has resisted arrest before. DeShawn Campbell has an aversion to arrest.
1. Ofc. Alverez ( Resisting arrest)
2. Good Guys incident (3 counts Assault on a police officer and 3 counts resisting arrest)
3. Ofc. Kepler (Assault with a deadly weapon)
4. Robert Campbell Sr. (tried to get Campbell to turn himself in)
5. Robert Campbell Jr. (tired to drive Campbell to turn himself in)
Campbell wouldn't submit to arrest and used dangerous force to get away. The guy was a ticking time bomb, it was just a matter of time someone would cross his path when he was armed. McNeary didn't resist arrest, Campbell did. Campbell told Staccoto Clarita he was going to an E party, told Sebastian Cadena it was an E party, and told Christine it was an E party. Synegal and Barta both saw Campbell at that party. Palenske was hit by the mustang, Cunningham was driving the cougar and got into the chase. Yarber testified to being scared because they were being chased. Yarber and Campbell ran to Tyree's house after the mustang was parked. Tyree lied to police and that is why he was arrested. He told police he didn't see Campbell that night or that he gave him a cell phone. Campbell talked about going back to the party to fight the guys there, but he needed to go get his "rallo"(gun). Deon Watts told police that McNeary told him to go to the police to give a statement. Freddy Bermudez said Campbell was pumped up while at Tyree's and was ready to fight. Tyree said Campbell wanted to go back to the party. Lorrie Nunez (Robert Campbell Jr. girl) said that Robert Campbell Sr. arrived from Sacrament to the house on Lochner around 5:30am. That means he would of had to leave around 3am. He must have got a call about the fight at the party and needed to come home. Ofc. Bower said Robert Campbell's car was there at 5:55am. That means Robert Sr. was on the road before the shooting occurred. Nothing explains why Robert Sr. was coming home from Sacramento unless DeShawn told him he was going to do something heinous at the party. Robert Sr. called Edwin about 2:46am. That means Campbell had to tell his father something alarming to get his dad on the road and his dad to call Edwin. 3 witnesses put the shooting around 4:27am. 2 witnesses heard one set of footprints running down the street. Zack the dog followed a scent from the Hyundai up the street and between a couple of houses. Beverley Dunn said the footsteps stopped around her house like they went onto a grass surface. If there were two people involved, the witnesses would have heard two set of foot steps. Connecting Campbell to the scene of the crime:
1. Campbell's car
2. Campbell's keys (with key to deadlock to his room)
3. Campbell's dad gun
4. Campbell shows up at Tyree 4:36am
5. Campbell give gun to Gerald Kisson
Connecting McNeary to scene
1. His car was parked 175 yards away
There is no way to tell the high of the shooter from the trajectory of the shot, there are too many variables. Campbell says he turned right because he thought people were watching the mustang. Campbell said he saw McNeary after a couple of houses. McNeary wouldn't be there, he was up in the hills. Campbell's story needs you to believe illogical assumptions. Why didn't Campbell stop, pick up McNeary and drive away? Instead he drove to the end of the street to talk. How did McNeary see the gun on the floor board of Campbell's car at night? Campbell said he drives with a "wide stance". Why would McNeary think Campbell had a gun? Campbell said he only shot a gun once before. Campbell told his father that he didn't know McNeary didn't have a gun until after it happened and he must of stole it from their house. Robert Sr. told police he was missing a .45 caliber gun for about a month. Campbell testified he didn't know it was a cop until Jeff pulled right behind him and put on his red light. Saying it was any thing other than a vehicle stop would be wrong. Priscilla Smith said Campbell got pulled over after the car chase, "he just got pulled over". Jeff didn't make communication with dispatch, and we don't know what prevent this from happening. Campbell says there were two suspects and Jeff just walked up to them and started to talk. This would be a violation of procedure and it would call for a non-approach. Jeff wouldn't be complacent, he just got out of the academy and FTO training. If Jeff walked around and started to talk to them he would have been looking directly into his own lights. In the way Campbell describes Jeff walking up, he wouldn't have been able to see Campbell's hands. Hand kill people, is what the police department says. Campbell said he saw Jeff fall back. He describes something he wouldn't have been able to see because McNeary would have been in the way. Why would McNeary hand the gun back? He wouldn't give it for someone to hold. Campbell always runs away. Why didn't Campbell just drive away? He always runs. The simplest explanation is Campbell is lying. It was a traffic stop, Campbell got out quickly, so Jeff had to get out quick. The subsequent conduct speaks volumes. Campbell flees to Tyree's house. Campbell involves Tyree, Quincy, Robert Sr. Edwin, and Robert Jr. 4:38am Robert Sr calls Lorrie Nunez to talk to Robert Jr. 4:46am Tyree calls Quincy. 6:10am Campbell is at Quincy's house. 3 calls from Tyree to Janielle Carter between 6-7am. There were 3 calls from Tyree to Janielle between 4-4:20am. The defense will say Janielle was protecting McNeary. Tyree told Janielle 9-1-1 got popped, and he could only get that information from Campbell. Tyree knows a lot more than he is telling us in this case, he is lying to protect Campbell. Innocent people don't need protection, its the guilty that need the protection of lies. Campbell told Quincy that "its some bad shit". Why didn't Campbell say "you should see what McNeary did"? Edwin Campbell gets a call at 2:46am and didn't remember what was said. He gets a call from his dad at 4:41am and listens to the voicemail at 5:08am. Edwin then drives from Seaside back the house on Lochner. The defense expects you to believe this is normal behavior. Robert Jr. told police his dad didn't know what brother was is trouble, but his girlfriend Lorrie told police "Robert Jr. told her it was DeShawn". She told police they knew at 4:38am DeShawn was in trouble. 11 minutes after the killing of Ofc. Fontana the Campbell family is starting to circle the wagon. Robert Sr. said "your little brother fu**ed up" "the little motherfu**ker took my car and everything". Lorrie said DeShawn called his father after the fight. Robert Sr. was trying to protect his son. He is protecting him because he is guilty. Leaving the Hyundai at the scene was the lynch pin of the case. Robert Sr. lied about the Hyundai to police because he was angry with the treatment he got by police that morning. He told police he sold the car earlier that week to a Mexican lady, but later told the police he didn't sell the car.

Back Wednesday morning at 9am.