Sorry this is a partial raw transcript of Gardina's closing. I didn't have time to take it all down because I was working on my 5 pm story for the air. I'll try to edit and clarify when I get a chance.
2:45:18 The presumption places the burden of proving guilt beyond a reasonable doubt. The burden of proof of guilty beyond reasonable doubt. Not imaginary doubt, beyond of a shadow of a doubt. Based on common sense, based on reason. A lot of questions brought up about evidence. IF you don’t find tourself believing beyond a reasonable doubt. If you. Your obligation is not guilty vote. Even if you think is likely or not guilty. Every element of every crime. Some things no evidence for. Speculation maybe or maybe not, Did not have a key. No evidence of that. Maybe he had a key or maybe he didn’t have a key. Speculated somebody used the garage door opener. In fact he stated in the evidence there was not a single report he saw that a garage door opener was used. Not proof beyond a reasonable doubt. 2:47:41 Somebody used a key to go throught eh laundry room. If you feel that the prosecution depends on going in through the garage door there is no evidence, cannot be convinced beyond a reasonable doubt. It was not earnestine harper’s habit to put under the door. So when you look at the facts and see what the evidence is, somebody used the key, they didn’t. The prosecutor speculates, maybe he had the opportunity. Maybe he went to a shop had one made. It’s all speculation on the part of the prosectuon. Your obligation is to vote no guilty. When you look at the evidence at total and start seeing the holes in this case, don’t believe reasonabl, suspect or probably think he was involved, obligations is to vote not guilty. Time of death is at issue in this case. Tiem factors. 4.72 says is that the people have elected to rely on the acts testified as to having occurred on the 6th day of Kuly, 2003. As constituting the crime charged against the defendat. You must find the defendant guilty. 2:51:05 SHOT OF INSTRUCTION. Have to find he did it, and did it on Sunday the 6th. The reason this is a chart available to travel to Bakersfield from Columbus Go through the first 2 right now. The medical evidence in this case. 4.72 the people died on Monday no Sunday.
Debra Hanks, MD
10:18 PM on July 6, 2003
10:18 AM July 7, 2003
Testified to the presense of rigor mortis. She was the prosecution’s pathologist. And doctor hanks is a medical doctor her speciality is pathology. She was the one contracted for with the County of Kern.
The outside would be 36 hours which would make it Suday night. 2:57:42
Doctor Dollinger missed the medical science rigor mortis. Based time of death, What we did. If you look at the medical evidence or you have a reasonable dount the defendant is not guilty. 3:07:47 5 boxes talk about time and speed. Doctor Solomon on the stand asked him the speed based on certain numbers. The time to drive from Bakersfield to Columbus would be to leave here at 10:18 AM, July 7th, and arrive at 8pm, our time in Columbus. That’s a 10 hour drive.
3:11:10 107 miles per hour state line to stateline. Can’t do that in any car. 3:13:14 Leaving here at 10 PM on Sunday night. Invisible to state troopers. 30 miles faster than the car can safely go. The average speed of the Neon is 212 miles per hour. Based on the speeds this defendant is not guilty. Based on the medical evidence this defendant is not guilty. 3:20:55 For example Janice Ophoven only testified for prosecution. Coroner for St. Louis County. Same thing as Doctor Hanks. A coroner for St. Louis County. Samples collected late. Wouldn’t test it. Had no basis on her opinion. Has nothing to do with what they are talking about. Trying to find a mistake. The temperatures in Bakersfield. Sunday high 99. Monday 96. Tuesday the high was 94 He wrote a report. 3000 crime scenes. Death was likely in the last 24 hours. Ask bring common sense to the courtroom. Described as nutritirional drink cups. Kids cubps from the black angus. Had bougth kids meals. On the breakfast table. Kids cups from 1:30. This was dinner Sunday night. Not Sunday morning breakfast. That would be a scene maker. An inference is an induction of fact that can be reasonably drawn. 3:28:33 Testify about cell phone calls. Every single cell phone call to the phone from the phone between July 8 was in the Columbus Ohio area. From that infer Brothers was in Ohio. 3:28:59 Had direct evidence no one expect brothers used it. Other circumstnatiomnal evidence that would put VB in Ohio that week Circumstnatial was he was in ohio. The prosectuor’s case is entirely circumstantial. There is some direct eidence. That was too broad. 3:30:53 All the evidence points to the fact he is in Ohio. Can’t have a finding o fguilt if there is a second reasonable explanation. Must be proved beyond a reasonable doubt. 3:33;07 Prosecution has not resented any evidence anyone can make that trip. Claism someone used Have to have these bulilding blocks. Fnd that’s reasonable. If you decide one explanation is reasonable. Must adopt that interpretation that points to his innocencen and points to his guilt. Has to adopt the defense interpretation. If one interpretation appears reasonable, other appears unreasonable. Must reject unreasonable. Can it travel at 104 miles per hour? Which we all know is a maxmimum enforcmenet weekend…Is he going to drive 90 miles per hour stateline to stateline and draw attention to himself. No. specially a black man., we don’t have 40 hours. 3:37:23 Photo to show you where he was and where he was going. He parked his blue Chevy s10 at airport bus, and parked it there until seized o July 8. He paid for it with his credit card. He bought it on June 25, 2003 charged it to his VISA the charged was…seized by the BPD.Police used that, the prosecution used that. Thye would have scremeaed, hey he is bakersifeld. That’s the purpose of the cell phone see if they can place him somewhere other than Columbus Ohio. He collected the triangulation records. A person within certain radius of the tower. Wireless calls placed. Inbound call placed to Vincent’s wireless. Can’t rememner a specific day, records help refresh recollection. Let at 805, she knew VB back at 930. On Friday, Vincent Brothers is in Ohio. We know Tami puts him there, we have all his cooberation. Confirms he’s at the house, everybody places him isntal ceiling fan that afternoon. They run errands. 3 oclock in the morning there, there is an inbound cellphone call there, notify him there is a voicemal. Early morning hours around 3. On July 4th 943 Eatern…inbound call from Margaret Brothers. Tam Hodgson confirmed showed up in both places. We know Vincent answers his cell phone in Columbus, Ohio. Triangulate.d Tells us he is in Columbus Ohio. 1329 PDT…429 EDT3:58:22 Not until after threatened that he said Vincent Brothers was not in Ohio. You’ve got the video. If I ;ve got that option, what would I do under those circumstances. Side door at Melvin’s house. Can hear them coming in and coming out. You know if there are sounds in your house what’s going on. Both hear him coming in late Sunday night. Sees him Monday morning. That part never changed. Attacked her about lying about Firday Night. Also cellphone activity that puts him in Ohio. The cell phone cooberates he was in Ohio Sunday. Pacific daylight time, palces a second call to Earnetine’s residence. Nobody piked up. There’s a nother short message, a male voicemail to VB’s cellphone on the ATT&T 4:03:08 You have in evidence, the interview between wayne Wallace and Madera Dowell. See the difference in the styles. Wayne asks open questions. Desribe this describe that. Described what she saw at approximately 7 pm. Ask yourself some basic questions. Gotta ask how this came about. How did the defense investigator know to go to the intersection of Hague and Steele. Because VB was there. How did he know to canvas that neighborhood because they were there. How know ask about an accident between blue Dodge neon and a boy on a bicycle. Because VB was there. Found eyewitmnesses that were there. 4:04:43 Light skinned black male with short hair 59, brown eyes wearing glasses also stated stubble on his face. Itnerview in October 2005. Report you have that Wayne purchased 6 months later. Madera Dowell did not describe Lebbie. What did that little girl actually see. A man like Tamba Lebbie, even lied about his height says 5’11 he’s 5’7. He didn’t talk tot anybody. He split from that scene. The report is what Madera Dowell saw. Exchanged information with the victim. Madera Dowell described VB, asking for directions.Describe dit a as a blue neon manufactured by dodge. Both describe as busy accident. Saw small child on a bicycle. 6-10. He said there was only one occupant of the neon, didn’t pay much attention to him. Knew it was 4th of July because had bbqs…knew it was Sunday. Picture shown to Madera same clothes when in the BP gas station. ATM shot. 4:42:46 Stopped at a gas station along the route.
No trace evidence 5:24;11
