Jun 29, 2021

"I don't know what bars Mr. Rees goes to where you can have a gentle fight."

 


After what seemed like the most exhausting and drawn out jury trial, a few minutes before 4 p.m. the Brandon Watson jury took a break and then around 4 p.m. started their deliberations.

There are three counts. Each count has a special allegation. The jury has an option of lesser included offenses.

It is going to come down to credibility and who the jury believes. The rest of us have opinions but it is the jury's decision that will change Watson's lives forever.

Deputy District Attorney Roger Rees' closing argument was an hour and half long and the rebuttal was longer than usual. He does have the burden of proof but the repetition of the law already addressed in closing and by Judge Lawrence Killoran was tedious.

Mr. Rees called Watson a gangster and a murderer several times, practically told the jury what and how to fill out the verdict forms and used two lines which I have heard before. I am pretty sure at least one of them or something similar was said in the Juan Ferrer case which Mr. Rees successfully prosecuted.

"When someone throws a punch at me; I use a knife," said Mr. Rees.

"You don't bring a knife to a fist fight," said Mr. Rees.

Mr. Rees said that Watson's 14 month old daughter looked at him and knew he was a murderer. There was no testimony indicating this and it was a low blow. This was just  hyperbole and theatrics and it is not evidence but can and does work on some juries.

There were a couple of statements from Watson's interview with Arcata Police Detective Luke Scown that were shown in the 10 selective clips Mr. Rees played.  These statements were inconsistent with Watson's testimony in court. Ms. Sullivan addressed them in her closing.

Mr. Rees spent very little time on the assault charges because he knows they are weak; they were added on two years later and after Watson was arrested for Triantos' murder. He did not spend time addressing Brian Edwards or Antony Bessellieu-Hill being impeached because he knows what they did that night at the Pearl and they are not innocent victims. The DA's office should have left the 2016 incident alone and just focused on the Triantos incident at the Jambalaya.

This is a messy case. It is not black and white. 

Unlike the jury, I sat through the preliminary and watched the trial. There is no one side I favor and I am not attached to any particular outcome.  Based on the testimony, actions and demeanor of the witnesses, I would vote not guilty on the assault charge for both Edwards and Bessellieu-Hill. That is a no brainer. Triantos isn't first or second degree murder. I lean towards imperfect self defense.

But the jury is made of 12 people and who knows what they are thinking or will decide. With juries, it is a gamble for both parties. This case should have resolved with a plea and never gone to trial.

Ms. Andrea Sullivan used testimony and evidence in her closing.

"A 14 month old knows Mr. Watson is a murderer? That is a ridiculous assertion" said Ms. Sullivan. "That is like saying the January 6 insurrection was a friendly protest."

"What the prosecution has asked you to do is start at a premise and work backward to the result the prosecution wants. There is no effort to work forward to come to a conclusion based on evidence and the law."

"I am not going to sit here and tell you how to fill out a verdict form. All of you were selected because of your intelligence and diverse backgrounds."

"My job is to highlight where there is doubt."

"There is an overwhelming theme in this case," said Ms. Sullivan. She said Watson admitted he started a fight after the posturing. Watson admitted it was immature. 

"He rightfully or wrongfully perceived aggression. The people on the receiving end were not done with the fight. " Brian Edwards "called him a lil bitch" even after the bouncer separated them. 

"I am not here to denigrate the dead; just here to present the evidence. " Ms. Sullivan brought up that Peter "Bo" Triantos' blood level showed he did cocaine in the last 24 hours, he was drinking, he had ingested ketamine. Sage Rios, Triantos' friend said he did disassociative drugs that night.

The toxicolgy was done by the defense. The grainy video that the People showed of the Jambalaya was digitally clarified by the defense.

Ms. Sullivan showed a photo of Watson's injury that the jury saw during the trial. "That is Sage and Bo Triantos' handiwork."

"Sage describes a conversation with Mr. Triantos. My buddy was pissed." Triantos wanted to continue the fight.

"It is up to you to decide when you have been punched and kicked by several individuals and then being jumped, if that justifies force."

"I don't know what bars Mr. Rees goes to where you can have a gentle fight."

"What does the video show? I am not telling you." Ms. Sullivan told the jury to decide for themselves. She said Watson was just standing there. "Sage was trying to get him to fight" but Watson did not engage with him.

"Mr. Triantos reengages. It is intectually dishonest to say Mr. Watson reengaged Mr. Triantos."

"All these what ifs by the prosecution assume it involves rational actors. This scenario has illegal drugs, drinking and posturing. Bad decisions all around."

"The prosecution assertions are not supported by evidence. "

Ms. Sullivan showed a photo of Watson's injuries. She said Watson was pinned down down by Edwards and Watson had to stab Edwards three times to get Edwards off him.

"Mr. Rees has faulted my client multiple times for not remembering perfectly. I am not going to fault Mr. Bessellieu-Hill for not remembering everything correctly."

"In 2016, his dad brought him to the precinct. He was let go and not charged for years. He did not know anything about Edwards and Bessellieu-Hill other than they survived." This statement was in response to Mr. Rees saying Watson made a conscious decision to go into the alley.

"The prosecution has painted Mr. Watson a liar. We showed you Brian Edwards lied. Ms. Sullivan was referring to EPD Retired Sergeant Katherine Howden's testimony. Edwards denied making the "I am a white guy" statement.

"A life was lost for a very silly reason but that is not justice; it is vengeance."

Ms. Sullivan said Edwards and Bessellieu-Hill minimized their drinking. The blood alcohol level showed differently. Ms. Sullivan said Edwards and Bessellieu-Hill "minimized their actions and maximized" Watson's actions.

At the hospital, Bessellieu-Hill did not say Watson stabbed him but years later claimed he could see Watson in his periphery stabbing him.

"Mr. Watson has a right to process a traumatic event. He wasn't perfect upto Mr. Rees' standard."

Ms. Sullivan mentioned Watson's statement in court about coming to terms that he had also stabbed Triantos in the neck and back.

"The whole prosecution strategy in this case is to make Mr. Watson appear as a not likeable person."

"The prosecution wants you to be guided by emotion so you don't critically examine the evidence."

"Sage Rios did not know Bo Triantos' last name until he died. Edwards was thoroughly impeached by the EPD police report."

Rios said, "my buddy got punched mid swing". Ms. Sullivan used this statement to indicate extreme provocation.

"What malice is there to get a person with a genuine threat to stop hitting you?"

"There is not enough evidence against Bessellieu-Hill. Another person stabbed him."

Regarding Count 1, "defendant did not have malice. He had retreated. He has a right to self defense. He is not guilty of first or second degree murder."

"All Mr. Watson asks you is to view and consider all evidence."

Previous post:

https://johnchiv.blogspot.com/2021/06/there-are-numerous-parts-of-interview.html?m=1


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