Strong, animated closings for 2nd jury in Walker's Dunbar Village trial

CBHanifGershman sums defense case: 'DNA can tell us that Nathan was there. It cannot tell us what he did.'

C.B. Hanif for WAOD:

Attorney Robert Gershman summed the defense case for Nathan Walker:

"DNA can tell us that Nathan was there. It cannot tell us what he did."

Assistant State's Attorney Craig Williams countered during the state's rebuttal: "When you commit a crime with another person you're all in it together. One for all all for one that's the law."

Their sparring highlighted the Dunbar Village rape trial's Friday morning session before the jury heard instructions on the law from Circuit Court Judge Krista Marx.

Gershman:

"Beyond the morals, beyond the immorality, are the legal issues."

"Mere knowledge that a crime is being commited, is not the same as the reckless intent...The law requires more. The law requires proof beyond a reasonable doubt."

"To this day, we still do not know who...was doing what, at what time."

"The only one the mother could not identify was Nathan."

"The facts are that Nathan did n0t have a gun, touch a gun or use a gun."

(paraphrased) Det. Lafont  testified 'arrests are forthcoming.' Come on, after two years? With all their DNA evidence...They tell you two people we haven't arrested who are out on the street, we'll get around to it.

Williams during rebuttal:

"If you  didn't find him guilty of every single charge...your verdict would be a miscarriage of justice. Don't do it."

"His head on her pillow, in her home, in the pitch black!"

"Don't feel sorry for him. Feel sorry for him? After what he did? Are we kidding ourselves?"

Afterward, prosecutors clearly were happy with their performance:

MInutes before judge and jury return from a brief break, Aleathea McRoberts slapped fellow prosecutor Williams a low-five.

Comments

[RevMamaAfrika]

Ok, so they're all going to jail, but for how long?
Lord, help us! :(

[Tracy]

I have a question:

From earlier reports about the assault, one member of the gang came back after it was all over and assaulted the victim again.

Could this have been Walker? and is this why they have his DNA?

[Yme]

Jurors deciding the fate of Tommy Poindexter have asked to hear again the victim's testimony as well as Poindexter's confession, signalling they will not reach a verdict quickly.

http://www.palmbeachpost.com/news/content/local_news/epaper/2009/08/28/0828dunbar.html

Gina was right. You never can tell what a jury will do.

[Duane]

What upsets me the most about this trial now that it’s almost over is how the defense has suggested that if you assault someone in a group, that somehow dilutes your level responsibility (i.e. the one kid who said he only got a blowjob, etc.) Or the suggestion that if you were present during the attack that doesn’t mean you actually participated in the attack. That’s a load of BS in my opinion.

If only one kid actually committed this attack the mother and son might have had a chance to fight back. If only one or two kids were involved the level of violence inflicted on the mother and son might have been lessened. Gang attacks are far worse due to the fact there are more attackers and less chance of you being able to fight back or escape.

Take the example of a gang of kids who rob someone on the street. One or two kids actually hit and beat the victim while the others stand around and watch. The ones who stood around and watched, preventing you from fleeing are just as guilty as the those who are beating you to a pulp.

We should never encourage people to “group up” and commit acts of violence in groups, with the silly idea that such group attacks dilute personal responsibility. If five guys break into a house and one of those men shoots and kills the owner then all five of them should be charged with homicide. In my opinion the guy who shot the gun should get the death penalty and the other four should get life in prison. Would that be fair? Absolutely.

[Karen]

I blame the parents for the way these animals are. If you send a thug to school @ 7:00; he's going to come back home @ 3:00 still a thug.

They should both get 11 life sentences. They should never be allowed to wlak the streets again and hurt another innocent woman...