Nov 5, 2020

"The proof the prosecution has presented is suspicion but not proof beyond a reasonable doubt.

 


Ms. Andrea Sullivan, Demetrius Coleman's attorney gave a powerful closing. 

"The proof the prosecution has presented is suspicion but not proof beyond a reasonable doubt.

Ms. Sullivan said  proof beyond a reasonable means there is no other reasonable explaination other than Coleman being the shooter.

She reminded the jury that the testimony of a single witness can prove a fact.

Regarding the two investigative officers, Rio Dell Police Chief Conner and Sgt. John Beauchaine, Ms. Sullivan said, "I do not mean to malign their integrity in any way. What I ask you is to question their judgement.Judgement is experience and leadership and leadership starts from the top."

Ms. Sullivan spoke about missed opportunities. She said there were too many to mention. "You will not find evidence if you do not look for it."

If Rio Dell PD had looked for the broken glass, they could have found Coleman's blood. If the DNA swabs had been processed, that would have provided information.

"Witnesses like Regina Osenbaugh and Jovan Ignjatovic were isolated. Witnesses like Colette Niles were ignored."

I am not going to go over every example Ms. Sullivan gave. There has been detailed daily coverage and I made many of the same observations during the daily coverage. Ms. Sullivan did a great job of pointing out the inconsistencies and weaknesses in the People's case.

"Mariah Acosta got offered a U visa and money for an attorney." None of the eyewitneses could make a definitive identification of the driver.

The video of Johnny Renfro getting shot  was played several times. Ms. Sullivan told jurors, "what we see the second time is Johnny Mack Renfro raising his hand, as if to say hey." Dread told Coleman that he should have gotten rid of Renfro a long time ago.

Three people not connected to each other said the driver had dreadlocks. "You have a person who failed to make a definitive ID," picked two people from photos she was shown, " and they trump this person into court and ask her is this the guy?"

"Colette Niles was the only person outside and not in a house or car. Where would this investigation have gone if Ms. Acosta was questioned like Ms. Niles was?"

Ms. Sullivan said even some of the People's witnesses said that Coleman had his hair in aman bun. "The fact that Ms. Niles described a second person in the back of the car should be enough for an acquittal."

Ms. Sullivan asked a question and she also asked this in her opening statement. "How much does a person have to lie, omit, mischaracterize before you, the trier of facts, determine that person's testimony is worthless." 

Ms. Sullivan said Acosta "made a big deal" that the only reason she agreed to the play date with Ahumadanendoza on August 29, 2019 was to get her sample back. "But she gets her sample back five days ago." said Ms. Sullivan. "What if there were two samples?" Ms. Sullivan answered that Acosta was adamant in her testimony about one sample and giving it to Ahumadamendoza. She then mentioned that there were many ways to spell "Demetrius" and referred to the text messages in Mr. Cisco Lassitter's testimony where Acosta spelled Coleman's first name exactly like he does. "But she does not know him?"

Ms. Sullivan said that Rio Dell police did not investigate Acosta's claim that Ahumadamendoza and Coleman tried to kidnap her mother because they had records showing Coleman was in Sacramento that day."They needed those records to prove Demetrius contacted Regina and Jovan."

Ms. Sullivan said Regina Osenbaugh and Jovan Ignjatovic were vague and evasive in their answers. She provided specific examples of inconsistencies in their testimony. "Not only are they liars; they are terrible liars. And, they have immunity."

Referring to the claim by Osenbaugh and Ignjatovic about Coleman saying the statement about three people knowing a secret, Ms. Sullivan said, "You have seen the defendant testify. It is very unlikel" that he would structure a sentence like that phrase.

"I anticipate the prosecutor will make hay about why Alma Ahumadamendoza did not testify." 

Ms. Sullivan reminded the jury of how the Rio Dell PD said BS when Ahumadamendoza tried to answer their questions and said her children could be taken away from her.

"The best place for Ms. Ahumadamendoza is to be far away from this train wreck of a trial."

Citing the lack of evidence, the inconsistencies, lack of follow up on leads by Rio Dell police   Ms. Sullivan said "He is a black guy in a car. We got a car. That is all we need."

Regarding EPD Records Manager saying there were no calls about the 2030 Park robbery, Ms. Sullivan referred to testimony about the cars being parked on the side that was facing the baseball park, not the houses. "The prosecution has not provided evidence other than the defendant's statement how Dread got in the car."

Ms. Sullivan brought up reasonable doubt and stressed innocent until proven guilty. 

"Our founders guarded against the conviction of convenient defendants."

"He gave up his right to remain silent to tell you the truth; "my truth. He is entitled to the benefit of your doubt."

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