"The entire time Mr. Kobak walks from the kitchen to the bedroom he has murder on his mind"

Deputy District Attorney Whitney Timm started out by thanking the jurors. She said their duty as jurors was to "decide what the facts are and apply the law."

Using specific jury instructions, going over the law, the elements of the crime and very effectively summarizing the evidence,Ms. Timm  systematically presented why the jury should find David Kobak guilty of first degree murder.

Ms. Timm referred to jury instruction CALCRIM 226 which is about credibility of witnesses and CALCRIM 223, which is about direct and circumstantial evidence. She said in most criminal cases, there is circumstantial evidence. "It is rare when someone stabbing someone will say, I have intent to kill."

"In a murder case, it is required you be instructed on the types of murder, it doesn't mean the defendant committed the lesser crimes."

Ms. Timm said that for voluntary manslaughter, the jury cannot consider the defendant being intoxicated.

Ms. Timm summarized the physical evidence, the crime scene, the autopsy and the defendant's interview.

"There is no question about intent. Mr. Loftus chose the most lethal weapon; a gun. He fired it 10 times. There can be no other intent. He wasn't aiming at Mr. Loftus' feet."

"This case is not about self defense. There are no injuries to Mr. Kobak. There is no evidence of a fight. Fred was unarmed. A reasonable person wouldn't use lethal force in this situation."

"He made the decision to kill in the kitchen. The entire time Mr. Kobak walks from the kitchen to the bedroom, he has murder on his mind."

"He got the gun from the bedroom, put the gun back in the bedroom, turned the stove off and called 911 "

Ms. Timm mentioned CALCRIM 625. For provocation, the jury cannot consider defendant being intoxicated. She added, "in this case, the provocation was not sufficient. Fred was just sitting there. Mr. Kobak retreated to his bedroom. It could have ended there."

"This case is unique in that we have so much recorded."

"The defense has put forth the defendant's conveniently selected memory."

"We have the defense opening statement versus the evidence at trial." One of the examples Ms. Timm gave was that Deputy Public Defender Casey Russo said EPD never offered water or coffee. The EPD interview jurors saw proved that claim incorrect.

"We didn't get to hear Mr. Loftus' side of the story but his body tells part of the story."

The jury will be given verdict forms for first degree murder, second degree murder and voluntary manslaughter. Judge Gregory Elvine-Kreis in his closing instructions mentioned those as well as imperfect self defense and self defense.

I have linked the post I did on the types of murder, defenses and sentence possibilities below.

In her closing, reiterating the law that had just been read by the Judge was a smart move by Ms. Timm.

Previous post:

https://johnchiv.blogspot.com/2020/01/first-degree-second-degree-murder.html?m=1