"Each element of the crime must be proved beyond a reasonable doubt before you change Mr. Tsarnas' status as an innocent person."

 

After Judge Timothy Canning read jury instructions,  attorneys presented closing arguments in Jeff Tsarnas' hit and run jury trial. 

Jurors left for lunch at 12:15. They will return at 1:45 to pick a foreperson and start deliberations.

The special allegation was dismissed by Judge Timothy Canning on March 25.

The jurors are only deliberating on one Count, VC 20001 (a).  They have the option of a lesser included offense. The difference is that the Count as originally charged states "serious and permanent injury" and the lesser included is simply "injury."

Deputy District Attorney Roger Rees is the prodecutor for this case. Deputy DA Steven Steward is second chair. Mr. Steward gave the closing argument since Mr. Rees is out of the office for religious reasons. This is not Mr. Steward's case, he is stepping in and helped during the trial. 

Mr. Steward highlighted this statement from alleged victim, Marie Kelly's testimony: "I will have permanent damage for the rest of my life." 

He didn't really address Barbara Craft's lack of credibility and inconsistent statements except to dismiss Ms. Van Dyke's effective closing argument in a personal swipe.

His quote in the rebuttal about "If you don't..." works the first time you hear it but I have heard it often and in this case; it applies more to the weaknesses of the People's case.

In his rebuttal, Mr. Steward described Deputy Conflict Counsel April Van Dyke closing argument as an attack on the prosecution, Craft and Kelly.

In her closing argument, Ms. Van Dyke played testimony, used references to what the jurors saw in court and the prosecution's own question to Craft about lying.  She mentioned reasonable doubt in the beginning and at at the end.

"Each element of the crime must be proved beyond a reasonable doubt before you change Mr. Tsarnas' status as an innocent person."

Ms. Van Dyke said there was  no "permanent serious injury." 

"Ms. Kelly didn't lose any body parts so function is the only real issue."  Ms. Van Dyke said Kelly was able to walk to the stand to testify. She did not do any physical therapy and did not have plan to have any  "but she did break her leg  and did break bones". The injury did not "impair her ability to use her leg."

Addressing the lesser included offense, Ms. Van Dyke said there was "a lot of testimony." She cited three People's witnesses saying it was "dark, foggy, wet" and "low visibility." Person the bridge walking towards cars; one of the eye witnesses saying she was "startled."

Ms. Van Dyke : "Who else does the prosecution rely on completely?," asked Ms. Van Dyke.

Ms. Van Dyke: "Ms. Craft." 

Ms. Van Dyke reminded jurors about the jury instruction about witness credibility they had heard minutes earlier . "If you decide that a witness deliberately lied about something significant; you should consider not believing anything that the witness says."

"Ms. Craft testified in court; she made several inconsistent statements," said Ms. Van Dyke. "I can't go through all of them or we will be here forever."

Ms. Van Dyke played recordings presented in court, used statements by Craft to decimate Craft's credibility.

After she broke up with Tsarnas, Craft made statements such as, "He wanted to wait" to go to law enforcement. "He wanted to get clean." 

After Craft married someone else in 2019: "I hope you did; would serve you right."

Craft made statements that Tsarnas was smoking meth and that she called his cell phone the day of the incident yet in a previous recording of an interview with CHP Sgt. Matt Harvey, she was present when Tsarnas said his cellphone was broken. Craft never disputed that statement.

"The prosecution may argue in rebuttal that she was covering up for her boyfriend," said Ms. Van Dyke.  Craft told the defense investigator she lied.  

Ms. Van Dyke said the prosecution was not relying on statements that were recorded or made to police officers but on alleged statements Tsarnas' "ex girlfriend" claimed he said.

Ms. Van Dyke highlighted a question Mr. Rees asked Craft. " You only lied when you said you lied." "This is what reasonable doubt looks like. This is not guilty."

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