"Thank you for your patience," said Deputy Public Defender Casey Russo. "My client and I greatly appreciate it."
He told the jury in the beginning that he understands the closing is lengthy but there were a lot of witnesses.
"In the courtroom, we sit in a sanitized environment. Everything is in hindsight."
Mr. Russo's closing was similar to yesterday.
Mr. Russo very effectively used each witness' testimony and tangible evidence such as actual text messages to support his statements. He did an effective job to counter the prosecution's case and possible rebuttal.
Bringing up the lack of specifics and inaccuracies in eye testimony, Mr. Russo brought up the media coverage, his client's mugshot being flashed all over the news and the assertion that Jon Goldberg shot Tim Smith in vengeance due to the affair being circulated right after the shooting, as fact.
" I would you to consider the potential of suggestiveness from the beginning."
Beyond a reasonable doubt and looking at the evidence in context were two things Mr. Russo repeatedly stressed in his closing.
"Beware of the DA trying to switch the burden of proof in his rebuttal.
The difference between Mr. Bernthal and Mr. Russo is that the defense acknowledged what did not work for their case like Rachel Goldberg's testimony. He called her testimony "odd."
Many of the points Mr. Russo made, I already covered during my observations daily
Bringing up how Mr. Bernthal tried to get Chad Holub, Steve Shapiro and other witnesses to say they had seen Jon Goldberg mad before, despite their testimony and twisting about what they said about arguments between Jon and Rachel Goldberg.
"I don't know what Mayberry world the prosecution is trying to paint where people are never mad before."
Regarding Steve Shapiro, Mr. Russo said, "I don't know any other way to say it, he was a total stoner." Mr. Russo acknowledged that lying about ditching the van was not good for Jon Goldberg. Once again, he explained why Shapiro and Jon Goldberg left that out.
Nr. Russo brought up a good point about the prosecution not presenting any character witnesses by the prosecution to counter the good character witnesses by the defense. He said that is because the defense depiction of Jon Goldberg "is Jon Goldberg." He brought up that it was the defense who called Rachel Goldberg as a witness, not the prosecution. She is the alleged victim in Count 2 and 3.
The prosecution did not put on a ballistics expert, they did not put on a pysch expert.
One point Mr. Russo made over and over again was that despite testimony, statements on that day, the truck was not searched. He said the prosecution cannot disprove the self defense theory. They never proved that Tim Smith was unarmed.
Mr. Russo concluded his closing at 11:46.
DA Maggie Fleming watched Mr. Russo's closing.
Good point
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