"So what the heck is all this about? Doesn't matter what I believe, what Mr. Elvine-Kreiss believes, it matters what you believe."

"So what the heck is all this about? Doesn't matter what I believe, what Mr. Elvine-Kreiss believes, it matters what you believe." This is a quote from DDA Kelly Neel's closing, just a couple hours later, Matthew Brown listened in shock as he was convicted of 2nd degree murder for the death of Neil Decker.

No media covered the entire trial. Only one media outlet, Channel 3 was there for the first two days. Times-Standard got a quote after the verdict was in and jury had left.

I covered the entire trial as I do the cases I follow from start to finish. From detailed opening arguments to the closing arguments and the verdict. You can find all the posts on this blog and I would urge you to read them.

Did the jury in the Matthew Brown base their decision on evidence or emotion? The jury came back in less than 3 hours. It is very unfortunate that Neil Decker was shot and killed.

The jury decided the fate of a man in less than three hours. They had the option of murder, first degree or second degree, voluntary manslaughter and justified killing. They asked for the interviews while deliberating. I wrote earlier that the interviews could impact the outcome of the case.

The fact that this case has the outcome it did is because DDA Kelly Neel is a very good prosecutor. My opinion of this case is not a reflection on her abilities. In fact, she did an incredible job of what I think was a case weak on evidence and full of unanswered questions.

Mr. Elvine-Kreiss did an incredible job of defending Brown. His closing argument is how I felt after sitting through that trial. I am someone who would be considered pro-law enforcement and pro-prosecution but from Day 1, the defense had my attention because the prosecution witnesses were supporting the defense theory. As a juror, you have to keep an open mind, if I had been on the jury, I would listen to all the evidence. I have been on a high-profile jury before and I was one of the strongest hold-outs in not convicting someone based on the evidence. I held my ground even after being intimidated and pressured. That was not a murder case but a serious case, and the more serious the case, the stakes are higher.

If you have followed the daily coverage of this trial, you already know how I feel. There was more testimony from experts, more details on evidence collection, a lengthier trial in the Bodhi Tree case. There were many questions asked and left unanswered in the Brown case that would raise reasonable doubt in at least one or two jurors. Matthew Brown is a defendant who showed remorse unlike a cold, unrepentant Bodhi Tree or a unremorseful, unrepentant Gary Lee Bullock who sits in jail stubborn and defiant despite overwhelming evidence that he killed, tortured and then robbed and fled the scene.

The jurors were tense and refused to speak to me or the attorneys and left in a hurry. When they were polled, they all said this was their verdict. So all one can do is speculate. Most juries talk and get along before going into the jury room. This jury sat by themselves, some people from their demeanor did not want to be there. So did a few strong voices overwhelm the rest? Did not wanting to come back from a three day weekend play a role? A murder verdict in less 3 hours shows many had their minds made up. I think they gave a lot of weight to Matthew Brown's initial interview where he denied shooting Decker. Even though that was explained. I think the people on that jury cannot relate to someone who has a past, they do not know what it is like to be an outsider in Humboldt County, they cannot relate to the wild rural west or being hungry or homeless. They either are clueless to the world of drugs and vigilante justice or in denial about what rural Humboldt is really like. In their worlds, things are black and white.

Opening and closing arguments are not evidence, they are opinion. Juries are given instructions about that. Mr. Elvine-Kreiss' opening and closing  had evidence to back it. Mr. Elvine-Kreiss told the jury, Don't let emotions overcome the facts?"

Link to definition of murder, degrees of murder, voluntary manslaughter, self-defense and penalties:

http://www.shouselaw.com/murder.html