May 13, 2015

"This is not a self defense case." "This is a violent punk night case."

After finishing the facts of the case, DDA Rees continued to demolish the self defense theory, the hate crime theory and the justified killing theory purported by the defense.

"This is not a self defense case. Doug never threw a punch at anybody. Doug was not physically aggressive with anybody. Dr. Super told you that the falling on the knife is ridiculous. Even the defense expert Terri Haddix told you this is not an accidental killing."

"What kind of case is this? This is a violent punk night case."

"Sophie did not like a status that said self-defense or stand your ground. She liked a violent punk kind of night" status on Nov 25." The facebook post then flashed on the screen. Sophie Rocheleau admitted to liking that post.

Then DDA showed all the incriminating texts between Nicholas Stoiber and Juan Ferrer that they jury had seen, these texts have been verified and the jury will have the texts during deliberations. DDA Rees referred to the "Dude, I am not trying to scare you but I 'm pretty sure lossy coast outpost is about us."

"What pacifist Buddhist uses terms like gangster and fam does not snitch?"

Then DDA Rees referred to the text, "Clear enough. No witnesses besides us. He did not know about the video. He did not know Ms. Brody had heard them. At no point did Mr. Stoiber or Mr. Ferrer say anything about self-defense or falling on the knife. They had 8 days to get their stories straight." he then referred to the text where they talk about getting together to talk but in person and not on the phone or the internet.

"His own grandmother said he told her he went back to the scene to check on Doug. That is the first opportunity he gets to explain himself. He lies about it. To his own grandmother. Doug was there. The police were there. "

"What is his testimony? She got everything right except the part the one bad part about me."

"He said, 'He wasn't attacked.' True. He said, 'I didn't have to defend myself.' True."

"He could have let Doug keep walking. He went up behind Doug and he engaged Doug.

"Without the excellent work by Detective Ortega and the Arcata Police Department, the defendant would have gotten away with murder."

"He didn't stand his ground. He didn't call 911. He didn't say I stabbed someone in self-defense."

"How did I begin my questioning of the defendant?" DDA Rees then flashed the same photo of a smiling Anderson. "Is this the man you killed on November 25? His answer was, yes."

"You know he killed Doug." Again, the photo. ""This is Doug. That is where he died. This is the guy that killed him."

Then DDA Rees held up easel signs of jury instructions he wanted to highliught to the jury. #359 about independent evidence. "You can determine if it is murder or manslaughter based on his statement alone."

#362 Consciousness of guilt which can be determined by false statements. #372 Defendant's flight. #371 Suppression of evidence.

DDA Rees then went over how testimony and facts and exhibits proved second degree murder and how this wasn't self defense. He had points listed from definitions and jury instructions.

"Safety could have been retreating. Doug yells at them. Doug is walking away. He is on his way home. He wasn't attacking them. There was no physical danger. This is a case of where you don't bring a knife to a fist fight. You don't bring a knife when you have two other friends that are willing to throw down with you."

"You cannot provoke a quarrel and then stab someone. California doesn't allow you to stand your ground, provoke and then stab someone. He used more force than neccessary. It was 3 against 1. Only physical ones were Sophie who kicked him, Nick who punched him and the defendant that stabbed him in the chest."

"Congratulations Mr. Ferrer, you killed a stumbling drunk."

"Self defense is not even a theory the defendant is putting forth to you. The theory is he fell on the knife. "

DDA Rees went through more of why it was not self defense, that there was no justification, and why it was not an accident.

He brought up how Ferrer had no remorse. "When his own attorney asked him how he felt and if he had any regrets about killing Doug" and brought up that Ferrer he talked about how the some of the staff at the jail supported him and how much support he had.

He asked the jurors to return with a guilty verdict on second degree murder.


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