Day 37: Closing Arguments

LANE CONTINUED:
The most significant piece of evidence is the Hyundai. Robert Sr. was covering up for his son and would of had to know the car was a significant aspect of the situation. Instead he said he was angry because the officers were mean and that is why he lied. He learned through the earlier phone call that Campbell was guilty. Efforts by the defense to add pieces to the puzzle don't fit. If you think McNeary did it you would have to believe that he returned to the scene of the crime twice. Even gangsters know when you kill a cop you are bringing the heat. If he did shoot the cop he would have been long gone. That claim is unreasonable and illogical. Ofc. Barg talked to McNeary that morning, the officer was unprofessional by not responding to the calls by the defense investigator. But the defense didn't have to call him 25 times, if they really wanted to talk to Ofc. Barg, they could have asked for help getting a hold of him by Det. Ramirez or by Lane. They have gone that way before, they could have done it again. Ofc. Barg had only been on the police department for about a year, and was put out on the street corner for traffic control. In his report he confused the directions, he place him self on SE instead of SW corner and said McNeary was coming S instead of N. The gun shot residue(GSR) isn't significant in this case. Both experts said it would have been difficult to find if someone fell in the water. McNeary returns at 9am to look for the car. Janielle knew about it by then, and it would have been past fool hearty to go back with her. It simply doesn't fit. Even Campbell who has a "mental age" of 10-12 knew not to go to the scene, and ran away from the crime scene. Janielle and Kenny both confirmed that McNeary was up in the hills by the stories they told. Who is guilty? You decide.
Rod Campbell
1. Tells Deon Watts to go get interview by police 1. Plans to discombobulate the case
2. Consents to interviews by police 2. fled, became fugitive, on run for 11 days
3. Tell Janielle to the police the truth
4. Interviewed by David Lucio
5. Interviewed by Sally Graver and Ed Souza
McNeary didn't leave the state until December and that was because Janielle had gotten into some trouble with police and he was concerned for her. Campbell goes underground after the shooting. McNeary and Janielle lived in Madera when they came back to California. The house they lived in was Robert Campbell Sr.'s brothers daughter. Why would they go to Campbell's cousins house? It doesn't make sense. As jurors you have to Address questions and Weaknesses. 3 Officers testified about the crime scene. 5 people talk about Campbell's confessions. This all cooroborates evidence. For the defense, Where was Sharon Baker? She drove Campbell around after the shooting. Where was Ramaj? Campbell "allegedly" confessed that McNeary shot the officer to him. Where was LaShonda Lucky? Campbell was staying at her shed when he was arrested. Why weren't these people brought in to cooroborat the story that Campbell didn't do it? It's a lie. Campbell says he told Quincey and Priscilla that he didn't do it, but the came in and couldn't cooroborate that. You can't believe Campbell or his case. Campbell's admissions were to Priscilla, Cadena, Gerald & Louella Kisson, Clearence Sheppard. Campbell wrote a letter to his family. His letter isn't written well but it shows his ability to express thoughts. Its a moving letter. There is nothing stopping him from writting "I didn't do it" or "I didn't shoot the cop", and that speaks volumes. There is the 3 way phone conversation with Robert Jr. were he says "McNeary hit a car, that's why he is scared". Sebastian Cadena told the police that "Campbell said "i shot the cop". The defense blames this on Cadena smoking weed. Every friend blamed something for hiding information. Priscilla Smith told police Campbell said "I messed up", and she was scared she was going to get in trouble for harboring a fugitive. Louella Kisson told police that Campbell told her " I know I f**ked up, I panicked I have these warrants, I just f**ked up". When he tired to grab his ID back from Ofc. Alvarez, Campbell said "He had my ID". When he was arrested at the Good Guys Campbell said "I thought I could get away". Campbell's actions are selfish, direct, immediate, and don't involve any thought process. The 5 people Campbell admitted to killing the officer, the defense will say they are drug users. Priscilla Smith didn't want to incriminate herself for harboring a fugitive. Gerald and Louella actually acted like grown ups. Louella said she had to do the right thing for herself and her child. You hope members of society would take this stance more often. Louella kills his defense. Campbell didn't even deny what she said. The defense only tried to confuse her on which car they transported Campbell in, but 2 other witnesses told 2 other stories about that too. Each was confused about which car was used and where Campbell sat. Campbell's letter: "I know dat i did some off da hook s**t" Campbell says that means he grabbed a gun for protection and gave it to someone who killed a cop. "I'm sorry for all da bulls**t i took everyone through" Campbell says that means, i'm sorry for grabbing the gun. the defense conceded almost every aspect of the crime, and they just push that away like its nothing. Its very important. The conspiracy to protect Campbell: Never explained by the defense. You have to rely on the totality of the admissions. The defense is going to tell you he doesn't have to prove anything, and he is correct. He is going to prove McNeary did it, but he only had 3 witnesses to do that. Campbell's testimony is flawed, and Janee and Lacey are witnesses that failed. The defense investigator took her reports but never tested the information. Campbell's friends are uncooperative. Janee with David Lucio. McNeary told her 3-5 days after the shooting he killed the officer at Kenny's house. Did they cooborate that with Kenny? No. Sally knew 2 Kenny's but couldn't recall which one Janee was talking about. How could Sally Graver not ask Kenny questions about Janee and McNeary? There is no cooboration that the conversation between Janee and McNeary at Kenny's ever took place. Janee just wanted to get involved with the case. Janee and Lacey only talked after media reports came out, they had no "inside" information of their own. Janee was jealous. She met McNeary on 10/27 and he supposedly confessed to her on 11/02, and he told her he would decapitate her if she told anyone. Why would she continue sleeping with him? That isn't the most romantic thing to say. The defense strategy is to always blame McNeary if something doesn't fit. Janee says she spoke to McNeary in the evening, late at night, and in the afternoon. She can't remember because she is lying. Janee is biased because she had sex with Campbell, had a scrapebook of this case, thinks Campbell is being committed for something he didn't do. She told David Lucio that McNeary told her that "Campbell and McNeary got into a fight at the party, drove off hitting cars, were chased and the pulled over by the police". McNeary told her that "they just got pulled over". Janee is incapable of telling the same story twice. Robert Sr. set up the meeting of David Lucio and Janee. Janee talked to Robert Sr. and told him that " McNeary told her to keep her mouth shut about their sexual relationship". So, she got jealous and wanted to get McNeary back. Lacey Ortez was hearing rumors from her sister and from her husband. When she did talk to a San Jose Police officer, she said "McNeary never said it to us" that he killed the officer. She said she had a bad memory, and couldn't live with herself if Campbell was sitting in jail for something he didn't do. She told us that she had another conversation with police when she called 311 to tell about McNeary's admission of the killing. San Jose dispatch coulnd't find any calls regarding that. She lied. David Jackson had a drug deal go bad with McNeary. He was told by McNeary that Campbell didn't do it. Was that McNeary trying to help Campbell. We don't know what McNeary meant by this or if he even said it.
COUNT 1: Murder
Campbell shot Jeff. He did it with malice and aforethought. Malice can be expressed (intent to kill) or implied (intentional act or natural consequences are dangerous to life). Murder of a police officer. Campbell knew Jeff was a police officer and Campbell used a firearm.
COUNT 2: Felon in possession of a firearm
Campbell possessed, knew he possessed and Campbell had a felony conviction.

The testimony of Campbell is inconsistant. He has to place McNeary on the street corner to develope his story. McNeary couldn't see the gun. It wasn't a consensual encounter. Jeff would have used the non-approach for two suspects. Campbell places the body in the wrong spot. McNeary wouldn't return twice. McNeary wouldn't help collect witnesses if he was guilty. McNeary wouldn't do 3 interviews with the defense if he was guilty. McNeary wouldn't tell Janielle Carter to "tell them the motherf**king truth". McNeary wouldn't have stayed at Campbell's cousins house if he was guilty.

DEFENSE: Campbell is charged with the most serious crime anyone can be charged with, the killing of a police officer. What happened was a tragedy, unnecessary, and shouldn't of happened, but it wasn't Campbell it was McNeary. McNeary had the motive and opportunitiy. McNeary is a violent hard core gang member and a career criminal, and confessed to 2 people. There was no eye witness except Campbell and McNeary. San Jose Police had McNeary an hour after the shooting and let him go and didn't run a GSR kit on him. McNeary was on parole, nervous, and changed his story. McNeary's alibi was that he was sleeping in a creek, and then put in a coverup with Janielle Carter. Campbell didn't have to testify he did because he wanted to tell you what happened and it was the right thing to do. Campbell's testimony needs to by looked at through the prism of the mild mentally retarded. Dr. Greenspans testimony was for the assessment in defendants credibility. Campbell was sane and knew the nature of his actions, and could appreciate right from wrong. Campbell testifed despite fear of retaliation from McNeary. 2 witnesses testified that McNeary confessed. Janee was consistant about the major point despite the fear of decapitation. That makes her more credible and couragous because she came in despit fears of her own safety. Lacey overheard McNeary tell her husband that 9-1-1 got popped. McNeary is the only one in this case to say 9-1-1 got popped. She heard McNeary say " i didn't mean to do it, i have 3 strikes and i don't want to go to jail forever". The 3rd strike was the hit and run at the party. Janee was so afraid she wanted to be listed as an annonymus witness. That is why defense counsel got her a protective order hiding her contact information. Both Lacey and Janee are putting their lives and the lives of their kids at risk to testify in this case. That should enhance their credibility. They might not of remembered everything but who does after 7 years. No witness remembered everything. They just don't want the wrong person being convicted of a crime he didn't do. They had everything to lose and nothing to gain. The motive of Janee being jealousy is obsurd. She knew McNeary had a girlfriend and child. Lacey Ortez was made fun of by Mr. Liroff. She didn't make it up that McNeary had thorns in his butt, he told that to police. There was no dispatch made from Ofc. Fontana to San Jose dispatch about the Hyundai. We don't know the circumstances about what was out there with with Campbell and McNeary. The burden of evidence and guilt is solely placed on the prosecution. You might see the Fontana Family sitting in court, you might feel like giving them closure(there is never closure jacka**) but you have an oath to uphold. It wouldn't honor the San Jose Police department, the Fontana Family, or Campbell or his family to roll over with a guilty verdict. If you have reasonable doubt you have an obligation to come back with a not guilty verdict. We consede COUNT 2. Campbell is guilty of COUNT 2.
Fact: Campbell has suffered mulitple felony convictions, but most from one incident.
Campbell ran away from the officers and they got hurt because they leg swept eachother
Fact: Officer Fontana was shot at close range
Fact: The Hyundai with Campbell's keys was left at the scene.
Fact: a .45 caliber casing was left, and a .45 caliber live round was found at the Campbell house with the same cycle markings.
Fact: Campbell took the gun for protection because of shot being fired at the party.
Ruben Martinez wasn't a credible witness due to his drug and drinking. The gun was taken the night of the incident, and Robert Sr. just couldn't find it in the room before. Richard Judkins testified that multiple people were shooting at the mustang as it drove away. Campbell was afraid to go back unprotected.
Fact: Calls started to Robert Sr. 4:30am
Robert Sr. then left Sacrament and there was no traffic so he was able to get home by 5:55am.
Fact: Evidence Robert Sr. called his other sons, and they came home that morning.
It was a family emergency. Robert Jr. has memory problems, the prosecution called him not the defense. Edwin lied about coming home immediately. He was there. Robert Sr. lied to the police about the Hyundai because he was angry. He was angry because 2 officers were secretly hiding by his house, and when they came they had guns drawn. Robert Sr. was protecting his son. He was angry with the treatment he receieved.
Fact: Campbell was picked up by Quincy.
Fact: Campbell was on the run for 10-11 days.
Fact: Campbell gave the gun to Gerald Kisson to destroy.
Campbell made statement that sounded like he was involved because he was at the crime scene when it happened. As jurors you have to account for Campbell's mild mental retardation. We aren't using it as an excuse, rather to explain his testimony. Dr. Greenspan is the priemer expert in MMR. He diognoised Campbell with MMR. The prosecution didn't rebutt the diognoises and never brought in any experts to test Campbell. There is no evidence that Campbell has anti-social disorder that is someone with a nasty disposition. Campbell has never showed a nasty dispoistion while in court. Dr. Greenspan reviewed 11,000 pages, his own diognosis, and a range of people who knew Campbell to get the digonoises of MMR. Campbell's 3 IQ tests show he is in the MMR range. There is no evidence of Campbell malingering his tests. Campbell was first diognised in 1997 with an onset in 1988 by the Social Security Adminstration. Campbell has acadmic skills of someone in 6th grade. Campbell doesn't do well in "real world" situations they are too vague for him. Campbell does real good while in jail because it is a structured environment. Campbell needs supports out in the real world to help him with everday life. Campbell has problems with spacial relations, and putting things in the right places. Campbell can't remember were the body was suppose to be, its been 7 years. He got it reversed because of his impairment. Campbell's letter shows he is MMR. He was saying his goodbyes.

That's it for today. Back Thursday at 9am.