Ms. Firpo only took approximately 30 minutes for her rebuttal to defense. "Most of Humboldt County is dodgy about marijuana" was a statement she made because in his closing Mr. Russo took a jab at Rhett August, one of the victims in this case, who did not fold under Mr. Russo's attempt to shake him on cross.
Mr. Russo was unable to get an answer from Rhett about the six pounds of marijuana that Mr. Russo wanted. Mr. Russo described Rhett's answer as "dodgy."
Despite the defense's very personal attacks on her, the DA's office, law enforcement and prosecution witnesses, Ms. Firpo did not sink to their level.
There was one strong statement she made, "The only bought testimony in this trial was that of defense experts and I only bring that up because they are saying I bought testimony."
And it was well-deserved. The defense could not counter facts or evidence. And they have minimized the risk prosecution witnesses took by testifying against Tree who is no stranger to a criminal past himself.
Ms. Firpo pointed out to the jury that the defense made it sound like she worked for the government. She acknowledged as a Deputy District Attorney she is employed by the Humboldt County District Attorney's office but she added, "I represent the People of California, all the People, even Mr. Tree. " She repeated what she said in her initial closing that she brought "every thing to the jury" for a fair trial.
She addressed hours of defense assertions in half an hour. Defense said prosecution had a lack of evidence. Ms. Firpo pointed out there were 275 items of evidence.
"The eye witness is dead," said Ms. Firpo referring to Christina and Sunshine. "We don't have a firearm because it is our assertion Mr. Tree got rid of it."
"We don't get to pick our witness, said Ms. Firpo. "Criminal conduct occurs around people who commit crimes." She then reminded the jury of the voir dire process in which they were asked if they would automatically reject testimony by addicts or someone with a criminal history.
"To say we did not bring reliable witnesses is not true." Ms. Firpo said while seven people had a record, 63 people did not. Addressing defense argument why every neighbor was not called?, Ms. Firpo said, "It shouldn't be a six month trial. We didn't bring you every neighbor. We brought you witnesses that were relevant."
Melvin Matthews was a lead and Ms. Firpo said EPD Detective Peter Cress was on the stand for four days and explained why that lead dissipated.
She referred to statements made by Matthews, Upton and his girlfriend that were not offered as proof of truth but for a limited purpose and were made to defense investigator and not recorded. Law enforcement had recorded interviews.
Ms. Firpo addressed the comments about police investigation quality and why certain tests were not done. She did not go into detail about expert witnesses because the jury had heard days of testimony.
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