Before he started his remarks to the jurors, Deputy District Attorney Andrew Isaac, put up diagrams of the larynx and spine that the jury had seen before and the same diagram uses when forensic pathologist Dr. Mark Super testified about the painful, brutal injuries suffered by Fr. Eric Freed, the night he was killed by Gary Lee Bullock.
On a blank piece of easel sized paper, Mr. Isaac wrote autopsy, underneath that he wrote 30 seconds, two minutes and flex injury.
"Count 1 is first degree murder," said Mr. Isaac. "When I stood here a couple of weeks ago using this exhibit, I said, I have to prove that Gary Bullock intentionally killed Fr. Eric Freed. You cannot unintentionally strangle someone."
"Dr. Super said 30 seconds before someone stops moving," said Mr. Isaac. "You have to put pressure for at least two more minutes. The classic move now is that the prosecutor puts watch down and watches the clock for two minutes."
He did that, then continued "after 30 seconds, you still have another minute and a half to go to kill him. You cannot do that unintentionally. Only one reason to keep your arm on. Somehow between 30 seconds or two minutes or longer is enough for premeditated murder."
Then Mr. Isaac referred to the injuries on L2 and L3 on Fr. Freed. "Dr. Super said this is flex injury." Citing one possibility, Mr. Isaac said "that did not happen in this case," reminding the jury of Dr. Super's testimony. "It is consistent with a knee on the back or arm bar. Only one conclusion; deliberate intent to kill."
The he showed the jury the diagram with all of Fr. Freed's injuries with Dr. Super's notes. "We will talk about torture later on. All these injuries did not kill him. For all the rest of this, Fr. Freed is alive; hopefully not awake."
Mr. Isaac reminded the jury of Dr. Super's testimony and his testifying about Fr. Freed's perimortem injuries.
"If you do all that and finish up with asphyxia, crushing the hyoid, thyroid and cricoid cartilage, you are trying to kill."
Then a photo of a verdict form with Count 1 was flashed on the projector screen with the word guilty written in. "That's how you are going to fill it in for Count 1, for Count 6, for Count 5, for special allegation you will find."
"For Count 1 you will find guilty of murder, willfully and premeditated because that is what the evidence from Dr. Super shows. There is a lot of other evidence that shows Gary Bullock's specific intent. It starts with Bullock's interaction with Crnich and Cosetti. You have testimony from the officers that Bullock was alert and responsive and gave Crnich the impression that he wanted to go to the Rescue Mission and walks towards that direction. "
Then the video clip was shown of EPD escorting Bullock off St.Bernard's church property and two minutes after they leave, he comes back. "He never intended to go to the Rescue Mission and he never wanted to go. He fooled Crnich and Cosetti just like him fooled Tim Clark."
"When you see the evidence, all of it, you will see every move Mr. Bullock makes is intentional.He knows from the beginning he is going to commit a crime. After the police have left, he pulls his sleeve and wipes the door knob. He has made up his mind. He knows what he is doing."
The jury saw Bullock on video wiping the door knob. "In one hand he has the stick, look at his other hand on the door knob. That didn't happen by accident."