"I want to start out talking about my client, David Kobak."

Deputy Public Defender Casey Russo also thanked the jurors. "I want to start out talking about my client, David Kobak."

His closing was over 90 minutes. The defense put the defensive into the closing. The jurors saw and heard the evidence. Will the questions Mr. Russo raised and the hyperbole work in favor of his client?

Nothing the attorneys say is evidence. However by closing arguments, the defense claims need to be more than some boiler plate template that law enforcement did a sloppy job. Heard that too often in six years from the PD's office.

I covered this case every day.  The claim by defense about EPD's investigation not being thorough was already refuted and addressed during trial by the evidence and the prosecution.

The jurors heard the evidence, heard the 911 call, saw the photos, the body cam footage and Det. Harpham's interview with Kobak.

While the defense is not required to provide evidence, Mr. Russo's closing, once again, made claims refuted by the evidence presented at trial. Mr. Russo's claim questioning the prosecution saying Loftus was sitting down was refuted by Kobak's own words. Ms. Timm pointed this out in rebuttal.

He backtracked on his own expert witness' testimony on alcohol saying she was just put on to provide a range of blood alcohol level.
She was a disaster on the stand.
Mr. Russo downplayed Kobak's EPD interview.
Mr Russo said the prosecution was trying to convict his client with his own words.

Mr. Russo objected once during Deputy District Attorney Whitney Timm's closing in the morning and three times during her rebuttal. Ms. Timm was allowed by Judge Gregory Elvine-Kreis to continue her statements.

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