"This case highlights the inequality faced by a former, closeted, gay student working three jobs against the power of the state."

 

"This case highlights one of the basic fundamentals of our Constitution; presumption of innocence" said Ms. Andrea Sullivan."

"This case highlights the inequality faced by a former, closeted, gay student working three jobs against the power of the state."

"That 23 year old never had a chance to defend himself against his interrogators."

Jurors and alternates in Cher-ae Heights Casino robbery suspect Aubrey Ross' trial listened attentively and in silence as Ms. Sullivan presented her closing argument this morning. From the reactions of a few jurors, her remarks were a home run.

Ms. Sullivan brought up reasonable doubt. She did not mince words about HCSO Investigator Scott Hicks. "He had 6 years to follow up" on what Ross told law enforcement. "How does he work here?"

"Watch the video again," Ms. Sullivan said to the jurors.

You had to be there to listen to Ms. Sullivan in person. She used examples of testimony, surveillance video, People and defense exhibits to bolster her decimation of Investigator Hicks.

Hicks couldn't recall how he got Ross' phone and password. He did not include many details in his report. 

There is a 10 minute gap before Ross was interviewed by HCSO. What happened. Was there an off record conversation between Ross and Hicks?

"All I can do is talk to you person to person. I don't have the access to the surveillance at the Casino that the prosecutor does," said Ms. Sullivan.

"If you had completed a successful robbery of a casino with hundreds of dollars, you wouldn't go back to the same casino where the police are. You wouldn't drive back from Marin County to the HCSO station to plead your innocence."

Ross voluntarily turned himself in to Humboldt County Sheriff detectives. This was in the original press release.

"Hicks needs him to be convicted. Otherwise the investigation he led failed."

"We don't have to plead our innocence. They have to prove he is guilty," said Ms. Sullivan.

"Scott Hicks admitted false confessions and this case is a classic."

Retired HCSO Detective Todd Fulton, Sgt. Taylor and Investigative Turner were other prosecution witnesses. Ms. Sullivan pointed out discrepancies in evidence collected, including showing photos where the suspect's shirt was different than what Ross was wearing and that Hicks had cropped the photo presented to jurors by the People in a way which was misleading. She showed the jurors Ross' shoes and then pointed out a difference they should note in shoes belonging to the suspect.

Paul Rhodes, lead security supervisor at Cher-ae Heights said Ross left with his duty belt and badge but Ms. Sullivan exposed and showed why that was incorrect. She said there were items presumably thrown out by the Casino.

Detectives mocked Ross claiming there is no way he could save a certain amount of money even though he worked three jobs because they couldn't save  and they had a good salary. One detective told Ross, "Your skin color is different than mine. Ms. Sullivan said "the racism is latent." Ross is black, the detectives interviewing him and the one making that remark white.

Ms. Sullivan quoted Steve Bannon saying there are no conspiracy theories; just coincidences.

"Coincidences are all the prosecution has," said Ms. Sullivan. She asked the jurors to return a vote of not guilty.

Unlike the prosecution, Ms. Sullivan only needs one juror to have reasonable doubt. 

Ms. Sullivan's closing largely focused on Hicks. 

The mistakes by Hicks and Cher-ae-Heights Casino are on them. A prosecutor can only present and do the best with the evidence he or she is given. Deputy District Attorney Luke Bernthal was assigned this case. He gave his rebuttal with Assistant Deputy DA Stacey Eads, Deputy DA Whitney Timm and several new hires at the DA's office watching him.

"I want to start by talking a little about reasonable doubt," said Mr. Bernthal."Proof beyond a reasonable doubt is a responsibility I take seriously."

"This case is not about whether you like the defendant more than Scott Hicks," said Mr. Bernthal. He talked about Ross' and Hicks' credibility as witnesses.

"There are significant differences between Scott Hicks, the person and Scott Hicks, the detective. Scott Hicks has admitted his mistakes. They are a part of public record."

"Does the evidence show the defendant committed the robbery?" 

Read previous posts for more details, charges and context. 

Previous posts:

https://johnchiv.blogspot.com/2022/12/jury-to-deliberate-fate-of-cher-ae.html?m=1

https://johnchiv.blogspot.com/2016/11/200000-bail-for-trinidad-armed-robbery.html?m=1