Here is a closing argument example. Prosecution alleges that the defendant murdered his wife and tried to make it look like a suicide.
This court, ladies and gentlemen, council. Thank you for all of the time you’ve spent with us. I know that’s been a rough day. On October 21st after midnight 2007 the defendant turned his phone off. He turned his phone off so he could drive down to Los Lunas to where his wife was. He drove down, parked his car, got out of the car, looked in the window because he wanted to make sure things were dark and she was not active and around. A little light from the TV is on, laying in bed. She’s been calling nonstop, I mean you see the phone records. She called. She knows he’s having another affair. Calling nonstop so he comes in the door with his key. No need to break. Walks in with his gun in his uniform like he does every time he comes home after work. Walks into the house, walks through and Tera Chavez is lying in bed, probably asleep. You heard Dr. Berman, up for 36 hours straight or so with the Benadryl in the system she would have been very sleepy. But even if she’s not totally asleep, suppose she’s laying there. He’s not come home to talk about divorce like she’s asked. Finally shows up, the very end, even if she’s awake, “Great. Nice to see you. I’m tired.” But with the remote, look how things are set up. Fell asleep watching TV. And then he walks in and even if she is, walks in, takes the gun and it’s placed down, walks up, shoves the gun into the back of her mouth and pulls the trigger. Just she’s sick, she’s taken cold medicine. Is it a surprise that her mouth is open? I know my wife gets on to me for snoring when I have a cold. Slams that gun in and pulls the trigger, instantly killing Tera Chavez. And he pulls the gun and he turns it over and he lays it down. And as he does so hands on the magazine, in a hopped up adrenaline state he grabs the phone that’s laying by her because she’s been using it nonstop and does a quick text. “I’m so sad.” Then he hops in the shower because he just shot a gun. Somebody might have heard. And what’s a good excuse for not calling, not reporting. “I was in the shower. I didn’t hear anything.” And he gets out of the shower, nothing there. He puts on shorts. Lays the damp towel to the back of the love seat and goes back and picks up the phone and sends a text. “I’m so sad I’m afraid I’m going to hurt myself.” And it’s important that that be found. Not only does he do that but he deletes the others texts in that phone as you see in the admission. There are no other texts although she sent them. By his own statement she sent multiple texts. There was only to her phone. And he walks over and plugs the phone in because it needs to be charged and on when the cops get there because you know what? You heard it from him. He doesn’t know she’s called in sick. When she doesn’t show up to work the next day people are going to start looking for her. And he gets back into uniform, takes off back to Deborah where he can spend all day with her and have nothing to do with it. Or we can take the whole suicide thing. So that she is so depressed that he hasn’t come home, again, that now after the, it’s done. “I’m going to kill myself.” And she goes and she’s clearly laying on bed watching TV. So she gets up, maybe she takes the phone at that point and plugs it in as she gets up to go get the gun, if it’s there. It’s in the cabinet. So she gets up to the armoire. She gets up to go get the gun, plugs the phone in, comes back to the bed, lays down, and then instead of this she takes it like this or more likely if it’s truly upside down and she shoves it all the way to the back of her mouth. Or I’m going to get the ruler but I’m not putting the ruler in my mouth. Really? Yeah obviously if you’re going to kill yourself you’re not worried about comfort but you’re going to shove it all the way down your throat? That’s what Dr. Berman. Oh it’s all the way in the back. Excuse me, Dr. Wetli. All the way in the back. What’s more consistent if it’s going all the way in the back? Did she do it herself or did someone else do it? Oh there’s no injury to the mouth. We talked about that. But look at this thing. Look at it. Well, look at this thing. You get to look at everything but please, please take the time to just take a moment and obviously if it wasn’t I would do this. But look at this. Look at the size and the side. One especially if you’re shoving it down your throat. But you know what? The defendant was counting that. The thin blue line. Nobody’s ever said in this case that any cop came and intentionally covered up for him. You’ve heard all the people come through. There’s no intention, but what you have is a fellow brother officer. You have the closing of ranks and like you do at the church, like you do with the military. It’s one of your own and he’s telling you it’s suicide. And you feel awful and there’s nothing when you first walk in that door that says differently. And he’s got this down and oh my God. How can this happen? The officers rally around one of their own. Not to intentionally cover up for one but to intentionally help him out but on human nature. As Russell Perea says while on the stand, “Hey we’re sitting in the same car and what he’s doing is none of my business.” Heather Chavez among other officers talk about. When an officer tells you, you believe him. That’s what he’s counted on. He knows. Growing up in a law enforcement family, being a cop for around three years he knows they’re going to be predisposed to accept one of their own. And credibility is what you look at with every witness. For credibility was also looked at by the officers at the time and they, he expects them to believe him. He knows that the emotions were running high and that they will help to cloud the case, cloud the issues. His kids are victims. Absolutely they’re victims. Their mother is dead. He’s not but he uses it. Oh my gosh, let’s, let’s talk about my kids and how I had to tell them. It’s awful. That’s what you concentrate on. Oh my God. And you stop looking. Ladies and gentlemen you don’t get to stop looking. You, and this is the most important thing in any case, you get to use your common sense. You get to go through everything. You get to sit and listen to everybody and sort out what makes sense because the defendant wants the suicide to be no investigation. He knows that’s how it plays out as a cop. He tells you he’s gone to suicide scenes and he didn’t give an F. It turns out the scenes closed that night. Sheets, bedding, the mattress cut out, all destroyed, because oh it’s a suicide. He tells Joseph Cordova this will all be over in a week. No more tears for your daughter. All will be done. You know what? He thinks he’s committed the perfect murder. For what it’s worth, obviously we all know he’s killed someone, the judge read you the instructions and the maximum of what requires these three elements. The state proves beyond a reasonable doubt all three of them. That he killed Tera Chavez, the killing was with deliberate intention to take away the life of Tera Chavez, and it happened in New Mexico on or about June 19th-21st. Happened night of the 21st. And as we walk through this the state’s going to prove each and every one of them. Deliberate intention. Long definition. In this case pretty simple. Cold blooded calculated planned out murder. Not some heated passion, not a struggle, not an argument, fight, long time coming. And if you got the murder you’ve got tampering with evidence because the guns laid there to make it look like a suicide. And it’s beyond a reasonable doubt, let me remind you. You heard lots of discussion as to what is reasonable doubt, what is not at the voir dire. Only you get to determine what is a reasonable doubt to each and every one of you. The law presumes it’s going to be innocent unless, until you are satisfied beyond a reasonable doubt. That’s important because it’s up to each one of you to determine if the doubt you have is reasonable. It’s not required that it be proven beyond all possible doubt, reason and common sense. It’s not just oh aliens landed. That’s not reasonable. Every time a person makes a decision there’s doubt. Is this right, is it not? The hope for open heart surgery doctor tells you you’ve got to do it. Your chest is going to be cracked open. You go, “No way.” And then you’re provided evidence, like a trial. The doctor walks you through. This is what I’m, these are tests, this is what I’m doing. “Okay doc that’s nice. I need more.” So you go to another doctor, you get more tests. That information gets provided to you and then you make the decision. And as you go to lay on that operating room table you’ve got lots and lots of doubt. They’re going to crack my ribs open. But you made a decision if you lay on that table that the doubt you had is no longer reasonable because the evidence overcame it. That’s the same thing with a trial. Not do you have any doubt but did the evidence overcome that so that the doubt you have left is not reasonable in your opinion. That 911 call. We know it was made by the defendant. You heard it. You can listen to it as many times as you want if you need to. But remember basically he says immediately, wife just shot herself. Tells them he’s a cop within seconds because then he won’t touch her. He won’t perform CPR even though he is an EMT. And “Oh well 34s ladies and gentlemen. That’s, that means that he didn’t need it. That brings everything. Yeah it’s code for cops. It’s ten code for cop but that means everything. Listen to him.” He doesn’t want the ambulance. He wants 34s. When are the officers getting here? I’ve been gone all weekend. She’s been dead at least a day. Then just a few hours later when he starts talking to the cops, “I’ve been all, yeah gone for days.” Not even going to come home. “You know I just, I left Albuquerque and went straight to Momma’s. You then and then I decided I was just going to drive by the house later today to see if it was dark because you know I got worried.” He got worried when Momma told him, guess what she called in sick. Even he realizes oh crap. That means no one is going to find her and the next people coming in that door are his kids. And he left that gun for protection because of that truck theft. And that’s why. He makes it clear. I left it there because of that truck theft. And over and over again, oh he doesn’t use words like alibi and those things but listen to that. He’s telling them how this has to be a suicide. It couldn’t be anything else. Left his gun but he showed her how to use it. Let’s start blasting. And remember when he’s talking about something he’s telling you again that he got there. There’s no lights. He couldn’t see. It was just that little TV. Oh yeah, yeah he testified a couple of days but oh just a few seconds I came in and I turned on the light. He didn’t say anything about that when he was talking. “Oh yeah I got worried. I came in and it was black. I turned on the light because oh my God. No, no it was really dark. I couldn’t really see.” Claims to have touched nothing when he testified. “I don’t remember.” But you hear him say, “Oh no I think I shook the blankets.” Did he really shake the blankets? He did it. But no it’s just setting there. Right by her hand where it’s fallen where oh we’ve got these fingers and that’s consistent with shooting a gun or was it more consistent with falling asleep watching TV? And make sure, “Hey I was with Deborah. I was with someone all weekend.” Yeah. With her and we now know yeah those phone records show all night Friday. But Saturday night, “Oh it’s because I kept getting those calls and that was embarrassing.” Always gets called. But it’s off and it’s not just off for a few hours. And you know what there’s a few other times where it’s off for a period of time. You’re never don’t see that kind of time period where it’s off for 13 hours. And you know there’s a reason openings are not testimony because he reported that oh you’re going to be able to show that he was never there by triangulation of his phone. Yeah. You heard the defendant testify under oath in his deposition. He tells you here, oh hey having prepped for it all even though it was a wrongful death case where he was the defendant and he had two attorneys there. But he hadn’t prepped at all. But he also tells you in that one that he’d opened a private account just a few months before Tera’s death. And at that the Glock was kept in that green armoire. And you know what? “Yeah I threw that armoire in the dump.” Now he comes in here and he tells you, “Oh it was only after offering it to the court.” And you’ve got seven or eight texts from Tera the day she died but he deleted all but one. The one that mattered he kept but he didn’t, how do you keep it? You either delete them all because they don’t mean anything to you or it does matter. It is something you want kept. Because you all have cell phones. You know how it works. You can either do it the nice easy one, delete all, get rid of everything. Or you have to go one by one to delete them. And if you’re doing it why are you keeping that one? In his deposition he tells you, oh he purchased that ring by November 2007 and that he and Heather were intimate by the end of November and married soon after her divorce to Steve Hindi. See that picture in the phone? All of them are embedded. December 31st, excuse me December 23, 2007. And on that phone Regina Sanchez to Heather Hindi. Regina Sanchez, back in October of 2006 defendant moves in with her. Another break with Tera, moves in. Tera, you’ve heard her testify, Tera learned of that one and called and not very happy. The defendant was present. Shortly after that he’s out of that house. But he’s still wanting to have sexual relations with her as late as November 21st and the reason she remembers that date is because that’s when she tells him, “No it’s done. I’ve got another date. I’ve got another man I’m going out with. We are done.” And then November 27th is when how to kill someone is looked up on the computer. Oh it’s for martial arts. Rose Slama. Not the most sophisticated lady yet she supposedly tells you everything you hear from her or changes at that civil deposition with no cops present as opposed to because now she’s under oath, because oh she’s got charges pending and she thought that was going to help her. So let’s get this right. She’s willing to make up a story to help herself, to lie under oath and make up a story to help herself and that stories not the thing confessed to me. That stories not, hey look. This is exactly how things happened. That stories not, “Oh when Tera told me about the truck and I told the defendant he said, ‘Look I did it but you know keep quiet. It’s just a money thing.’” No she even tells you, tells them, “No actually his response to her was Tera doesn’t know what she’s talking about.” So let’s see. She’s currying favor, willing to make up a story under oath, and yet she then goes, “Oh yeah the defendant denied it. It’s not.” Really? But she does tell them and tell you under oath that Tera told her that the truck was not really stolen. She was going to report it and she went, she and Rose went to the defendant and told him. Once again and in this case if she’s making it up doesn’t tell both parts of that. And that was clear. She tells him, “Hey Tera’s talking about that the truck wasn’t really stolen.” And you do have a phone call to the insurance fraud bureau about a truck that wasn’t really stolen but the callback number is Style America. And she also tells him about the fact that it’s been in the shower when he shot Tera and that makes a lot of sense when you think about the evidence at the scene. He wasn’t in the shower when the shot went off. He took a shower after shooting his wife and left that damp towel on the back of the love seat. Now remember, we don’t care if the truck was stolen. It does not matter. This is not a trial about a stolen truck. That’s why you’ve got the instruction that says, hey you’re not to concern yourselves. It’s not for the truth that the truck really was stolen. Don’t care. What it’s used for is that Rose Slama told the defendant that Tera was saying that. And that that is a motive for her to be killed. Deborah Romero, defendant with her all weekend other then when at work. She tells you. God knows you heard however many times she was tried to get to say, “Oh no he had to have been there” during a certain period of time. “I don’t know. The only thing I can tell you ladies and gentlemen is that he was there before it got light.” You know that makes sense because she also tells you as opposed to what the defendant told you but that’s the first time he’d slept over was that weekend. What makes sense? Yeah you are going to be more likely to wake up if you’re just expecting someone for sexual relations. They’re stopping by. You’re making sure you’re going to have contact that night because they’re going to leave. But if they’re staying the night, especially the second of the two nights, for the first night they stay they’re there. They’re there when you wake up. You spend time together in the morning. And the next night you heard her, she goes to bed early. It all makes sense. She goes to sleep. And when you wake up. We’ve all done that. I don’t know what that is and you look at the clock. Oh man it’s 4 in the morning. And that’s why she told you over and over and over again, “I cannot tell you when he got there.” Ms. Garley talks about to stop the cell phone from forwarding. Cell phones are a little weird in this case. I mean they’re oh yeah I had another phone way back when that tells you that because the number pops up. It’s totally different then what he had. “But I changed that because I was getting prank calls so I changed it. Also the phone I had that night, the night of Tera’s death, well it had a warranty type issue and I had to send it back to Verizon.” Verizon has no record of getting the phone. But even more so we’ve got the hooking up for a sexual relationship just weeks after Tera’s death. And not just having a sexual relationship but back at the home, 11 Ash Place, back at what at least at one point was the children’s room. Because she tells you very clearly, no we had to go to the right. You’ve all been told about the layout of that house, even the defendant testifies. The master suites going to the left. She told you it’s not a master suite and they had to go to the right. And he told her the kids were home. Where are they? But I mean she also talks about the fact that she saw nothing that appeared to belong to Tera. Now she didn’t go throughout the house. It’s not like it was search of look or even what she’s there for. Once again as Joseph Cordova has also told you everything’s been boxed up of Tera’s being used. Then there’s Heather Hindi. November 14, 2007 she said that, “Mmm. Detective Chavez with homicide” text. She tells you it’s talking about marriage. 24 days after Tera is killed and supposedly within just, they met just a couple of weeks before that. So in maybe six weeks she’s still married and they’re talking marriage with no contact prior to that except a phone call back in May. Well not just talking marriage in November but a ring in December. And oh the defendant I’m heart broke about all of this yeah from the beginning. There’s just one day in his phone records from afternoon to night time. Calls between the defendant and Deborah Romero and Heather Hindi and the defendant. On November 1st, on November 1st and it’s just a day. Please go through them. You’ll get them all yourself. Mr. Cordova. Obviously he doesn’t like the defendant. He knows the defendant killed his daughter. So is that really a shock and a surprise that he doesn’t like that man? Really? Especially when just days after this the defendant’s calling for him. “I have no more tears.” Everything will be over in a week, get over it. No matter what the cops thought. Oh but Tera was looking to get out of the barber business because her feet hurt. You heard about the detailed plans. You’ve got the sketches of opening her own barber shop. Does that sound like someone who’s getting out of it? Really? Okay. Then that November 5, 2007 where the defendant drops in to talk to Aaron Jones. Remember you heard that. It’s here for you to play if you want to hear it again or again. What’s his concern and wants that computer back. Very beginning that’s what he’s wanted. And why is isn’t this investigation closed? And there will be nothing on that computer according to Tom Lewis. “Well I gave it to you. Why don’t I have that back?” He drops in and he says and he question and you heard it that he was seeing nobody steady and he wouldn’t even know their last names. Heather Hindi sends that text to the defendant discussing marriage just nine days after this meeting, but he’s not seeing anybody steady. Well we’ve got the computer. We’ve got the how to kill someone. We’ve got the, all the time the foreign. We don’t even care about the foreign. Who cares other than it shows those patterns. Oh and hey the defendant says, “And look at some of this. I wasn’t even, I was at work on those days and I never took the computer with me.” Remember when Officer Brookreson was on the stand talking about the computer and does that on cross over and over about all these dates. Pick one day. Say look it’s all military. It’s all, it’s union. That’s what the pattern is. And look at the phone records. They show he’s in Albuquerque. But he never took the computer with him. Did he leave his phone up there? Thousands of files on that computer had been deleted between October 14th and 15th. He definitely did cell phone research, including which phones the most secure. But he says suicide. Suicide. That text at 1:29, “I’m afraid I’m going to hurt myself. I’m so upset, sad, and hurt.” That’s why this has to be a suicide. Bunch of other texts he might have gotten but they got erased. Okay. Lots of phone messages. Just erased them. And you know what? She’s made these threats before. My God that’s why it’s so. She made these before. But even he has to say, yeah but there’s never been any prior attempts. Nothing serious. And even with all of this “I left that gun there for her protection.” Oh my God even after he testifies to you that he’s worried and wants her to get treatment because she seems to be jealous of their daughter. And yet he’s still going to leave that loaded gun that according to him she’s never touched that gun. Still going to leave that. Where he wants her to get treatment because oh my God she’s jealous of the daughter, besides the depression. Really? Man it takes balls to shoot yourself. She didn’t have it. But man let’s go suicide. Well I’m sorry there’s supposedly such a big deal. Let’s deal with this one sitting here on the table. I’m sorry sweetheart. You’ve seen the journal. You’ve seen and listened to it, to the statements about her writing and how this goes on. So she’s going to take the time to go get that gun out of the cabinet, to send this text, and that’s the note she leaves? Picture her kids right there and it’s not, “I’m sorry I couldn’t do this. I love you more than anything.” Or and notice it’s a nice, neat writing at the very top of the brown spiral notebook with the pen laid down neatly because she’s starting her journal. Is she writing something? Was she putting? We don’t know what that is. Even Dr. Berman said can’t say what that is. But ladies and gentlemen you get to use your common sense and that’s not a suicide note. And then there’s the one in the trash that keeps getting made a big deal. So she’s going to kill herself and she writes a note and tears it up and throws it away and buries it under stuff. Because that’s what it has to be if it’s a suicide note. Because we know that that party hat is there from the 12th of October, a week before. And that the party hat and cold medicine and razor stuff was all above that torn up note. A little hard to get the razor blades below the note, shoving it in above it. And it’s torn up. Dr. Berman didn’t want to talk to, admit this at his clinical practice and wants her to write notes and tear them out, keep a journal again to get her emotions out, to make her feel better. Now speaking of that diary or journal those are the parts of the last three dates in there. Those are not “Oh my God I’m going to kill myself.” And note that the journal stops in July. We have nothing to suggest any kind of problems after that. But it’s, “I finally figured out Levi’s Levi. I’ve got to take care of myself. I’m going to move on. I’m going to figure out my own things.” Look through the whole journal. Yes the stuff before then. There are things in there where she’s clearly, I mean she’s upset. She’s sad. Surprise, surprise with the husband she has. But that, how it is, how she ends it. The last word on there, happiness. And even McCann comes in and tells to the defense that hey when you’re looking to see whether it’s a staged crime scene as opposed to a suicide you look for the inconsistencies. You look at the fact that Tera’s cell phone is plugged in across the room with missing messages and not next to her. Oh but oh it’s plugged in because you know that little table right there it’s got too many things to plug it in. Really? It’s not so much that it’s not plugged in next to the bed. It’s that it’s plugged in at all. Oh but that was feminine touch. The damp towel. Everything else. Look at the photos. Towels are hanging up neatly except for the damp one over the back of the love seat. Men’s shorts on the floor. Levi had been gone since Wednesday. Hell he comes in here and tells you basically he’s been gone for good that month. Oh yeah he came off and on and yeah he might have slept in because of that picture shows he’s sleeping on the bed on the 10th of October and so yeah Tera. He’d still be there some. That’s the house, yeah there’s some, look at just the room. There’s nothing else just laying on the floor. The telephone but that’s left from the phone call to 911. What about those shorts? You heard Arthur Ortiz. You know what I don’t have the bedding so I can’t tell you for sure that this is inconsistent from here. Oh but it’s winking according to the camera. Please look at those photos. Look at them closely with and see oh it’s pressed down here and see. Really? It’s from two different areas. Yeah it starts up at the, but look at where it is. You take the time and look at that. And really this one. Does she appear to have shot herself or does she appear absent obviously of the gunshot wound to have fallen asleep watching TV? We all have spouses or significant others or have had. We spend a lot of time with them. You know their patterns. My wife falls asleep with a book very often laying there. And you walk up and look through the window and see the TV on. Laying down. What were you expecting? There’s a remote setting right there. Just right there. Her feet crossed. The defendant tells you, “Oh her feet crossed when she sleeps.” That’s the only symptom she has. How is she laying? And then probably the ultimate inconsistency of all of this if she’s killing herself because the defendant doesn’t come home the next people coming home are them. That’s who’s going to find her. Does that make any sense? And you have the unseated magazine. No photo tells you yes or no. You’ve heard Mark Radosevich not trying to BS you. The photos because we don’t have a true 90-degree angle cannot say yes or no. Oh the fence shows the one from this way. Yeah that’s going to tell me a lot. But supposedly that one tells you it’s seated. There’s a reason angles matter in a photograph. But what Mark Radosevich talks about is how look at these. He went, “Hmm. That’s a possible problem.” And he went to find out more. And there was a round in the magazine. But you heard and we’ll talk some more about that in recant. But the evidence that Glock does not chamber a round if the magazine is unseated. This might be a good time for a bathroom break?
Let’s take a few minutes. Thank you.
Thank you. Now then. The experts in this case. It doesn’t matter how many, who, what. Those you can make a decision. What I want to point out though is that every expert that came in. It’s too small, you’re not going to read them all. But every single person who came for the state is coming for just their specific area of expertise. And they weren’t trying to be everywhere. Contrast that with defense experts. You alone are the judges of the credibility of witnesses. That’s so key and it’s the whole nature of the system. The jury determined what to believe. Period. And the part I want to concentrate on is when you listen to that it’s not taken in isolation. It’s not, “Oh you were on the stand for a day and based upon that day everything comes out this way.” It’s in light of the evidence, in all of the evidence in this case, for every single witness. Mark Radosevich, about as straightforward as you can get. Here’s what I know. Here’s how it works. This gun, this one right here, not some other gun that was used, but this gun right here takes more than five pounds of direct pressure on the magazine to release it. Period. A glancing blow doesn’t do it. Oh it’s falling down and hitting the remote. That might move it. It takes five pounds, more than five pounds of direct pressure. And that gun, that gun which he tested will not chamber a round with the magazine released. And oh well the only person who can release that or says that magazine was released was Aaron Jones. Well think about how the testimony came out. Who actually had the concerns about the magazine release? It wasn’t Aaron Jones. It meant nothing to him. He wasn’t a gun expert. It was icky. I had to pull it out. That’s what he was concentrating on. It meant something to that man. And it began meaning something to that man before he ever knew anything and he started looking at the photos. This could be a problem. But I don’t have a 90-degree photo. I can’t say based on the photo it is. So hey Aaron who removed that magazine release? Oh I, or excuse who moved the magazine. I did. Yeah. How did you? It was kind of icky. I had to just pull it out. You didn’t have to use the magazine release button? It’s not like Aaron called him up and said, “Hey, hey guess what? That magazine. I got your report. I know you didn’t mention anything but hey did you know that the magazine was released?” Was there any way around? And then it was a combination of what Jones told him, that blood line that he walked through with every single one of you and explained and the photos that they came in here and tell you unequivocally his opinion that magazine was released. But then we got Mr. McCann. And he tell you lots of things. Heard him talking about catamaric spasm and but “Yeah, yeah. I’m not a pathologist and you need to talk to a pathologist” and then quote the pathologist. Well, he tells you that he did this testing and a gun, this Glock will or a Glock, not this one, that they were able to do a testing and get it to one, I can get it to release in one motion. Got another gun. Sure didn’t get this one. Doesn’t know what the pounds of pressure on that other gun. Doesn’t know. Sit there and watched him. Some days I can do it. And oh another gun that we, upside down we managed to get it to chamber a round. He talks about some video but then never showed it to you. And even then when he talks about, yeah but see based upon this. Yeah but another person had to hold that gun steady so I could pull the trigger. You’ve heard all sorts of talk from Mr. Radosevich about the whole issue of a limp wrist and how that gun is designed. But the recoil for a firm setting otherwise it has a good probability of a malfunction such as a jamming, not loading another round, being unable to do what it’s designed to do because the energy is not transferred like it’s supposed to. And then that whole feminine touch thing. Plugging in the phone was some kind of feminine touch and therefore explainable. But then obviously kids coming home and finding you, yeah that’s a problem. He was your ultimate jack of all trades and master of none. What do you want to ask me about? I’ll give you an opinion. That’s contrasting. Mr. Ortiz who told you many times, well based upon this only opinion I can give you is it could go either way. The crime scene itself. These photos. Look. They don’t say one way or the other. But here are some concerns. You know we’ve got this elliptical possible blood drop. That’s concerning but I can’t even tell you it’s blood because the beddings gone. So based on the photos nothing at the scene rules out homicide, nor does it say, the photos say it couldn’t be suicide with the photos alone. But if there is a smoking gun in this case it’s the unseated magazine because that just doesn’t work. And oh Mr. McCann talks about, oh there’s no signs of struggle so oh my gosh this couldn’t have been anything but a suicide. He tells you his own, the moment yep take my gun off. Dock. It doesn’t mean anything. You’re a cop. That’s what expected to be seen. You get home you take it off. You deal with it. It’s part of the process every time. That’s the way she was. But somehow walking up to the door. It doesn’t mean anything because it’s a stranger. Dr. McFeeley. The body itself does not say suicide or homicide, either way. Injury could go to both. And if there were any other injuries to the mouth or lips from a forced entry they would have been obstructed from the additional wounds from the blowing of the gases inside of the mouth. She was very clear. Yeah this, I can’t tell you if there was any. Oh there might be something here or, of course you’re not going to cover up if you’ve got. But if your mouths open and that’s it. Yeah you could get some bruising. You could get some. But when it then blows up itself it’s covered and that’s what she says. Don’t know. Maybe there’s a chipped tooth, maybe there’s not. Wouldn’t have meant anything because it could have happened either way. Well I got that recoil on the slide. Yeah and that’s the funny thing and you got pictures of the tongue and look. Look at the tongue. Even Wetli talks to you. Look at how big that is and then you’ve got the sight on top of that. Fairly sharp and rough and so if you’re doing it upside down way back in your throat how come the sights not cutting the tongue? And very, very simply and very, very concisely yeah Tera died instantly. No way she could have put any kind of pressure on that magazine release. She did not do it. Dr. Wetli, the magazine release is a question that needs to be answered but then he ignores it for his opinion. However I’m still going to tell you it’s suicide. Yeah we need to answer that question and I don’t know what that answer is because oh yeah you guys have heard lots of things but it’d be a question that needs to be answered. But no it’s suicide. What? Really? That’s a question that needs to be answered but I can still come in here and give you that opinion. And then he’s the one that talks about that it’s got to be all the way to the back of the throat, based upon the injury. That is more consistent with someone forcing it in then you doing it yourself. Really you’re going to gag on the thing? Oh my God I’m about to shoot myself and, or are you going to be? Alanna Williams, defendants DNA on the gun wall with Tera’s. However Tera’s could be from the blood. She could not tell. She attempted to avoid the blood but she told you over and over again, problem is there’s lots of blood. It’s flaked off. It’s, the handle is going to be hard to see. I don’t know. And so then she gives you the very definitive statement you cannot tell from DNA whether Tera Chavez shot this gun. DNA alone cannot tell you that she shot this gun and that is her definitive statement when asked. And then there’s some other stuff. Oh there’s the sweats in the laundry that you know there’s no semen found and then there’s a couple of hairs. Hairs that could belong to, well one hair based on DNA you can’t even tell it’s human. Probably is but yeah they did have a dog. And the other hair that it’s a male but it’s any male in the world based upon the DNA testing. They don’t know. And that’s just the testing. Have no clue how they’ve been in the washer. Bateman, FBI. Really doesn’t yeah, does her job and got on the phone, tells you some things. Mainly what she tells you is hey look you know I’m not, the pink phone, the Motorola, the one that was prior, that kids were playing with. You know yeah there’s all these messages that Tera sent. There’s absolutely no inbox. There’s nothing else left on that phone from message-wise. There’s just her messages. There’s some photos. There’s some, but from message-wise there’s just her messages. And you know there’s these other texts but they’re not showing up in Tera’s phone at the scene. Why not? She tells you that they’re not in there. You’ve got the stuff. Please look at it. They’re not in there. These seven or eight texts just to Levi aren’t in there. There’s proof. And she talks about all the videos in there and you know there was videos she watched and the defendants you know in early October Tera’s taking a picture of him in the shower or a little video of him. The only reason that matters, the defendant tells you that he’s been out of the house for a month but you’ve got that video. You’ve got the one where he’s sleeping on the bed on the 10th. Put that into affect. Julie Garcia, tells you. She does print. No usable prints. Can’t say whether the gun was wiped or not. Olena Sanchez, ballistics, casing a scene. It was fired from that Glock. Mr. Citizen, the defendant’s phone cannot be accounted for, for over 13 hours on the 21st of October 2007. Period. Fast. Nothing in these records can account for where his phone is. And even the last time it pings, that last hour, he was asked specifically from the scanner. Yeah we checked on that tower because they’re all somewhat different. It could have been three to five miles away in any direction from that tower. Dr. Berman. You determine what way to give, gosh everything seems to be a factor for suicide. Write a note, don’t write a note. You act on it, you don’t act on it. But even he tells us you can’t say what I’m sorry Levi means. I don’t know. No clue. And begrudgingly admits that people do write things to bed. Heck you guys saw that in this case in a whole other manner with the whole Captain Cupcake Shithead that Aaron Jones put together. That’s not something that people don’t do. A lot of people don’t hit Send. We all tear it up but it gets the angst, the anger out. But why? Why would the defendant kill? For one as you saw all the way back in October 2006 only shame when he’s out at Regina Sanchez’s house because Tera calls and then isn’t very nice. And then he’s looking up how to kill someone. No, no, no. That’s for martial arts. And they’re holding him back. And you’ve got he didn’t do the ball and chain. He doesn’t even know how but doesn’t that open a private bank account. Tells Tera things that are not very nice. Obviously Dr. Berman, talked about those at part of his decision making. And then the defendant tells you on the stand, it really, you know he only went back to Tera because he feels sorry for her and sometimes he missed her. And divorce is demeaning. And then there’s Heather. Didn’t he talk to her beginning you know in. You’ve heard about trips, the money, the marriage, text, the ring. Does it make any sense, especially in this situation, someone who’s been cheating, wife’s dead, and within days we’re looking at marriage without having any kind of contact before that? Does that make sense? That’s why you have to use your common sense when going through all of this and determine what makes sense. There is money. $100,000 insurance policy on Tera. It’s not new. Nobody’s ever come in here and said it’s new. But what is interesting is that you’ve got the benefits, military benefits being looked up on the computer multiple times. You saw it when (1:07:05) testified, even going back. And then you have a change in service and it’s just months after joining the Air Force service her testimony with the Guard. And it’s a changeover. You know what? No it’s there but I don’t know about and he even kind of talked about it we were asking stuff . “Oh I don’t know if I have it or not.” It’s not the kind of question you can call and ask. “Hey do I have life insurance on my wife and is suicide covered?” But you can look it up and you can go make sure you’ve got it. And as that’s kind of like you didn’t have a car, but your truck’s been gone for a month. That caddy was bought just days after Tera’s death and obviously divorce no longer an issue anymore. And the money that goes into it. And you’ve heard about the money, having to pay funeral arrangements. Then there’s Nick Wheeler. Then he tells you. Didn’t have a clue but he does tell you mom and heard rumors. And he explains his version of the whole you saved my life Andrea Lucero when asking. Andrea Lucero told you what she heard. An awful strange things. And he was really surprised because by God Tera was obsessed with him because it was all about him. You heard, you saw what he wanted and what, pack up and leave. Not dealing with this. He’s obsessed with me. I’m going to have all these affairs. And finally he’s got to shut her up. Once again it’s not about the truck theft but the fact that Tera says that he’s involved in a fraud and he knows that is a problem. Because if she’s saying that what happens when APD hears that he’s involved in some kind of a truck fraud? Whether it’s true or not doesn’t matter. What one of our officers is involved in some kind of a fraud? Okay. We’re going to look into that. And he’d just transferred there. He tells you on probation and that means they can get rid of you. You hear he goes, “Oh but I wasn’t really on probation.” You know he kind of catches himself. “I was because it was a lateral I was, you know they can just send me back.” Credibility. You judge. And let’s look at the credibility of the defendant. Let’s look at what he says versus what he does. Just a few places because we all know action speak louder than words. He says he never took the laptop with him to work. He does admit to looking up foreign military sites, APB union information. You’ve heard from Brookreson who went through that date. Yeah the phone records show that based upon these things being looked up he’d be in Albuquerque but he never took it with him. Can’t even delete. He says, “I don’t know how to delete temporary internet files.” But he does know how to search computer, how to find all sorts of things, all of which were deleted. Remember when Brookreson talks about all these things we’re looking at were the items that were deleted. He does testify under oath in the civil case when asked if he cleared the internet history on the APD computer, not on the home computer, but asked specifically about clearing internet history. “I don’t remember now. I don’t know.” Not I don’t even know how to do that as he comes in here and tells you guys, “I just don’t remember if I did it or not.” He says he looked up how to kill and how to rip out someone’s throat in regards to some type of martial arts. No evidence he ever enrolls in some kind of martial arts or follows through on the computer looking for a particular type of martial arts. And where are his phones? Oh he tells us he had that different number because of the prank call. Doesn’t know what happened to the phone. And then that phone that would have been right at this time, which we never have, oh it had to get sent back because of some defect even though there’s no record of that. He has an explanation for everything. Now remember he’s the only witness who saw her read and is present for every piece of evidence presented over the last five weeks. And now he has an explanation for every possible inconsistency. But you have to determine if what he tells you is credible. Remember bias, interest, manner while testifying, reasonableness in light of all of the evidence. And which story do we look at? Just one piece. Testifying for his jury on 7/10/13. “When I was an aviation policeman she shot that gun.” And then he goes on multiple times to talk to you about how Tera never shot this gun, it was only the aviation gun. At the deposition on 3/11/09, “Actually I don’t remember if she shot that gun or the one from aviation police.” And at the scene, Tera’s death on 10/21/07 when he’s talking to law enforcement when asked about the gun at scene. “Yes that’s my fucking, I showed her how to use that fucking use that gun.” But you know he’s a changed man ladies and gentlemen. After this he is a changed man. You’ve heard about the women and when they come in and how they play out. “Oh well Rose, what’s going on and Tera found out about it but I still kept having an affair with her for months. Regina Sanchez, Tera busted it. You know oh but I didn’t go back.” And look at the phone records. How often he’s calling Deborah after the death. And obviously anything about Heather. But he’s a changed man. He’s changed for his jury. Because this is not a suicide. It doesn’t add up. This is murder. The defendant did kill Tera Chavez with the deliberate attempt to take away her life when he walked into that house and he shoved that gun into her throat and he pulled that trigger. He put a bullet in the back of her brain so he could move on. Ladies and gentlemen there is no such thing as a perfect murder. And even that thin blue line cracks and people begin to realize that something’s wrong because common sense tells you that this is not a suicide. The defendant killed Tera Chavez. Thank you.