Day 38: Closing Arguments continued

Defense continued:
The people used by Dr. Greenspan knew Campbell for a long time. You can take MMR into consideration. Campbell is a person, he does good, he does not so good, because he has limitations. Dr. Greenspan talked about context, the court room is very intimidating. Campbell was fearful, he didn't know what questions he was going to be asked. Campbell wasn't on medication while on the stand. Campbell only has a 6th grade mental level. Campbell struggles with social skills. He is 30 years with a mind of a 12 year old, and 12 year olds can't fend for themselves. The defense attorney then quoted "I am Sam & "Charlie". The movies stereotype mentally retarded, it doesn't show how they act in reality. The James Hammer meeting, Campbell didn't convince the District attorney to dismiss the case, if that was the case, this case would have been dismissed 7 1/2 years ago. Consider all the factors in MMR for the Campbell testimony. The Good Guys case, Campbell runs away, he didn't kill anyone that night. The incident with Ofc. Alvarez Campbell runs. When he runs home, Robert Sr. tells DeShawn to turn himself in. Campbell didn't have his father there on 10/28/01. The central contested issue is who shot Jeffrey Fontana, was it McNeary or Campbell? Officer Barg talked to McNeary at 5:30am and let him go. Ofc. Barg didn't write down the wrong direction McNeary was going. He was walking Southbound. McNeary was nervous, sweaty and changed his story to Ofc. Barg. Barg thought McNeary was acting suspicious and was parole. Ofc. Barg didn't write the name of the Seagent that let McNeary go. There was supposedly 20-50 in that area at that time, how come no one knows what Seargent that was? Was that an innocent failure or do they choose not to recall? That is why we wanted to talk to Ofc. Barg. McNeary was nervous because he shot the officer, that isn't an unreason conclusion to draw along with the 2 confessions, statement to David Jackson, it all links McNeary. It was important to detain McNeary so they could do a GSR test. The prosecution GSR expert was pretty weak, young and inexperienced. Plus, she works for the DA office and they wanted her to say the line that "falling in the creek destroys GSR". Our expert says it's always better to collect evidence because you can't go back after time to get something you missed. Collecting evidence fills the voids, and we have a void in this case. Our GSR expert had 36 years of experience, and said the GSR travels from 18inches -3 feet. There was no GSR on the car, so it must have been on McNeary. It doesn't make sense to say someone slept in a creek, McNeary could of hid behind bushes or trees. Its not reasonable to sleep in a creek. We don't know if the keys were actually hid up in the hills 2.5 miles away. That wasn't looked into until 7 1/2 years later as an afterthought. Janielle lied for hours and hours about the mustang because McNeary was the father of her child. McNeary went to the creek to get GSR off his clothes. McNeary is a sophisticated criminal. McNeary denied anything about the murder when he was interviewed by the police at 7 pm on 10/28/01. McNeary said to investigators "I know motherf**king gun powder, you can search my clothes". McNeary wears a glove in some pictures that keeps fingerprints off guns. Det. Ramirez and Sgt. Edwards were just sitting passively listening to McNeary talk, they got snowed by him. Why didn't they get his clothes? Because the police started with a conclusion and didn't do a proper investigation, and that is how innocent people get convicted. The police work wasn't good, it was sloppy and negligent. Janielle said McNeary came home and immediately took off his clothes. McNeary told the investigators that he "took off those wet a** clothes". Ofc. Barg pat searched McNeary and didn't think he was submerged in water. Janielle was getting rid of those clothes when she was contacted by the police at her apt. The work done by the police department was inexcuseable. Witnesses at the Rotterdam party had bad memories because it has been 7 1/2 years and because of drug and alcohol. Reginal Synogal told police that Campbell was a knucklehead. Stg. Simpson interviewed him and that he was withholding information. Richard Judkins is a lynch pin because he was sober at that party. He testified about hearing gunshots and seeing 4-5 people shooting guns. Judkins didn't see anyone in the mustang with guns. That cooroborates why Campbell was scared to go back to the party area, because he was shot at. That is why Campbell had protection from those people. Multiple people heard gunshots. McNeary denied driving the mustang while talking to investigators. McNeary asked Tyree if he had a gun while at the party. McNeary was driving with RayRay in the passenger seat and Campbell in back. They parked the car and then jumped out and ran. Somethings don't make sense, and that's true, somethings are just not going to make sense to you. Sometimes lawyers try to make a pigs ear into a silk purse. You would want to stay in a car if you were being chased, you wouldn't park it and then run. Campbell did what he was told to, he ran with RayRay to Tyree's house. Freddy Bermudez saw Campebll at Tyree's and said he was breathing hard, but it didn't look like he had been beat up or he was pumped up. Brian Citello never heard anything about Campbell going back to the party. Turo and Deon gave a ride home to Campbell, and Campbell never said he was going back to the party. Turo didn't even testify. Tyree isn't believible, he was willing to say anything to get out of custody. Tyree tried to incriminate Campbell to help himself. On 10/28/01 Det. Ramirez told Tyree that the picture is almost complete, that shows they started with a conclusion. The reason Deon Watts talked to police was because McNeary told him to, and they were both gangsters. Ofc. Biskup and Fontana responded to that party on Rotterdam. Biskup wrote in his report that "the black mustang was possibly associated with the homicide of Fontana". Biskup never found casings at the party but he only looked in the street. Too many witnesses heard gun shots for it not to happen. Ofc. Recinos cleared the scene at 4:15am. Ofc. Recinos was going to write reports with other officers, but Ofc. Fontana didn't tell him where he was going. Why is McNeary out there? After a few hours he thinks the coast is clear. He didn't want to leave the mustang out there. Does he have the keyes? We don't know. If he doesn't have the keys he couldn't move the car and would need someone to bring him another set. Did McNeary talk to Janielle between 2:45-4:30am? We don't know. McNeary only has a pager and no cell phone, but there are a lot of pay phones out there. That is a reasonable inference. He called on a 3 way call before going home, that's odd. The 1st thing he asks Janielle is "Is the coast clear". A number of witnesses said the Almaden Valley has dead zones, and maybe Ofc. Fontana was in a dead zone if he tried to call dispatch. No other officers had problems that day with communications. Ofc. Biskup noted that Jeff's spotlight was on & pointed to the left. For a vehicle stop it is suppose to be in the sideview mirror. The passenger spotlight wasn't on. Why was the one spotlight pointed left? Was McNeary there? No one saw who shot Ofc. Fontana but McNeary and Campbell. There is no evidence of why Ofc. Fontana was even on Calle Almaden. There is no reason why he left the patrol car. Ofc. Fontana didn't do somethings according procedure, but that doesn't mean he deserved getting shot. Possible reason Ofc. Fontana went down Calle Almaden:
1. Sees Hyundai , notices code violations on adjacent street and follows down.
2. Knew black mustang was involved and saw it and wanted to investigate. Drives down and happens upon the Hyundai with McNeary, taken unaware.
3. On Porto Alegre, sees Hyundai, sees McNeary run down Calle Almaden
4. Turned down Called Almaden to do report writting, surprised by Hyundai and McNeary
5. got lost , doens't know streets, gets down sees McNeary and Hyundai.
The Hyundai was shut off and only had its parking lights on. Ofc. McCarthy says Jeff's body was 12 ft from the Hyundai. Campbell put the body in the wrong spot. Campbell expected McNeary to be near the mustang, Janielle told him that. Campbell had the gun because he was scared of the party goers. Campbell makes bad decisions because he has MMR. Campbell parked and McNeary walked up to his car, thinks the party goers are coming and asks for the gun. Campbell though McNeary would just scare them away. Campbell saw Ofc. Fontana get out of his car, and if the spotlight was in the right place it would have partially blinded Campbell. Ofc. Fontana asks them "What is your name & What are you doing here?". After the shooting, Campbell got out of his car, and was handed the gun back. Campbell was scared. McNeary gave the gun back and told Campbell to get rid of it. It wasn't a smart thing to take the gun back or to leave his car. Campbell did what he was told, "take the gun". McNeary didn't want a murder weapon on his person, he didn't even want the mustang car keys. McNeary accomplished not having the murder weapon on him, and Campbell was the prime suspect. It was a wise move by McNeary and a foolish move by Campbell. Campbell testified he wasn't a gang member, and that wasn't rebutted by the prosecution. The prosecution says Mark Harrison said Campbell was a validated gang member is non-sense. There is no evidence of gang activity at the Campbell house, but there is pictures and writtings at Janielle's apt. No one from the San Jose Police gang unit testified that Campbell was a gang member. Campbell told the truth that he wasn't in a gang. Campbell took the same route to Tyree's as he did earlier that night. Campbell can't recall all the calls he made that night. He might have used a cell phone that wasn't confiscated by police. Campbell was unable to come forward while a fugitive for 10 days. Campbell was afraid of McNeary and the crips. Campbell was unable to do the right thing, because his mindset is not to be a snitch or a rat. Zack the dog (there was a Lady and the Tramp speech here, i'm serious). Zack tried to follow the driver of the car, but there were lots of drivers of the Hyundai. Campbell drew a different route then the one Zack followed. That is because McNeary was on the North side and Campbell was on the South. We had two people running from the scene, and Zack followed McNeary. If you find that a reasonable conclusion, you must acquitt Campbell. Campbell always runs. Campbell told Sharon Baker, Ramej, and Lashandra that he didn't shoot the officer. Why didn't the prosecution bring them in? Because they would tell the truth that is what Campbell said. The jail tapes Campbell is speaking in code. "I didn't know until he did it" was code that McNeary did it but didn't want to name him because then he would have been a snitch. Campbell was afraid of McNeary and the crips. Sebastian Cadena was forced to say things against Campbell. Campbell testified he didn't tell Cadena anything because he couldn't trust Cadena. Priscilla Smith was afraid of being charged with harboring a fugitive. Campbell is afraid of McNeary and the safety of his daughter, because she wouldn't be able to get away because she is blind. Gerald Kisson is a drug user. If Campbell was a cop killer he would have kept the gun and killed more when they tried to arrest him. That isn't who Campbell is. Campbell panicked and ran, that is a consistant pattern. The letter was a farewell letter because he heard the San Jose Police Department was going to kill him. Louella Kisson is a drug user. All witnesses have been threatened by the police. All were drug users and thought they could be charged with crimes. Robert Jr. in a jail house conversation brought up the name McNeary. Campbell said he hit a car and that's why he was scared because he didn't want to be a snitch on McNeary. Campbell is worried that he will be retaliated against in jail, and even today in 2009. That's why he didn't turn himself in, he was scared. Campbell testisfied despite those fears. McNeary has a long record, he robbed David Jackson 6 days after shooting the cop. Would McNeary kill to avoid arrest? He was a gang member. Are these actions of an innocent man? Sleeping in creek, running south, tossing away keys, and steals a bike. He is trying to get the mustang out because it connects him to the murder scene. Does he stash the keys 2.5 miles away? That doesn't make sense. McNeary was worried the police would link the mustang to Janielle. Janielle never got phone calls before the murder from Tyree. The 3 calls came in the 6-7am hours. McNeary knows about those 3 calls because he was there. Janielle was throwing away evidence when she was contacted by the police. 6 officers testified she lied about the mustang. McNeary motive was told to Janee, that he had 2 strikes, didn't mean to do it, and didn't want to go back to jail. McNeary had to be picked up by police to bring him in for an interview. Later he and Janielle fled to Indiana. Janielle lied about mustang to police for McNeary:
1. Didn't know about the party that night
2. McNeary was with Turo, and she thought McNeary got into trouble.
3. Campbell told her to report car stolen and he would pop ignition
4. She had no reason to lie.
5. She knew the car was involved in something.
Campbell denied saying he was going to "pop" ignition. There is no damage to the ignition to the mustang. Campbell was led to believe that McNeary was going to be near the mustang . Janielle is a convicted felon, and has an outstanding case that she hasn't been sentenced to because Lane is her prosecuter. Janee, Lacey, and David Jackson don't know eachother, there couldn't be a conspiracy because they don't know eachother. They all testified under oath under penalty of perjury, so they wouldn't lie. If you have a question of who did it, if you think there were multiple runners on Calle Almaden, if you think McNeary did it, if you questions aren't answered you must acquit Campbell.
LANE:
It is fitting that this is National Police Month and you are going to get this case. It has been a long time for Det. Ramirez and I on this case. This case won't give the Fontana's closure, nothing will. Conceding circumstances of the case is a huge point. Mark Harrison testified that he would put Campbell on a gang roster. A gang wouldn't hang with someone who acts as a 3 year old, because they wouldn't trust him. The defense wants you to think Campbell is the gentle soul. I don't think Ofc. Kepler thinks Campbell is very gentle. Campbell hit him on the head with a flashlight. Ofc Wilson from the Good Guy's incident doesn't think Campbell is a gentle soul. Campbell ran over Ofc. Wilson and fought with him for 3 mins. Lt. Spagnoli wouldn't say Campbell is a gentle soul. The defense abused the court order on MMR. It was solely for the defendants crediblity. They want you to cut Campbell a break. The prosecution wasn't allowed by law to test Campbell for MMR. There is no evidence that McNeary has ever been violent during an arrest. The defense says they dont' have to prove anything. If they have evidence availible to defendantt to show his innoncence he should bring it forward to justify his case. Campbell told lots of people that he didn't do it, why didn't he bring them in? They had many opportunities to tell the truth. Nothing cooroberates any of the people they brought in. McNeary had the means, opportunity and movtive doesn't make sense. Both Campbell and McNeary had the same motive, but McNeary didn't have the means or opportunitiy unless you believe Campbell's story. Dr. Greenspan is a top academic but not good out in the real world. The AB chart:
Georgette Wonders had no knowledge of Campbell's math skills.
Melissa Harris: Rated him at a wrong age level
Eric Barbary: Was a karate instructor, and it was assumed he saw Campbell do homework
Jason Huffman: Didn't go to school with Campbell, no knowledge of his school life
Jemas Underwood: Didn't know his writting ability.
Dr. Greenspan was hired by the defense to give them the diagnoises they wanted. The dot counting test Campbell was on the cusp of pass/fail. Janee and Lacey should be more credible because they were afraid of McNeary. They claim that so you would think they were telling the truth. Janee told Robert Sr. that McNeary has another woman and she was suspicious. She was jealous. Lacey heard that Janielle took thorns out of McNeary butt, so she said she did it in her version. She was upset at McNeary because her husband, Roger, bailed out Janielle. Lacey thought McNeary and Janielle owed her $50,000. Lacey told an Officer when they find McNeary that she would come beat him up. Why did Robert Sr. leave Sacramento so early? We have phone records of Tyree calling Janielle right before the shooting. Robert Sr. had to know what as going on and that is why he was heading back to San Jose.

We are in court tomorrow, FRIDAY 9:30am