Closing Arguments

CLOSING ARGUMENTS

Defense council would have you believe that this pack of cigarettes could have come from any other store: Lets analyze this: A)You heard testimony – that each pack of cigarettes has a manufacture number on the box, (in this case 9C14N510 with the time stamp of 18:21). This number is placed on the cigarettes by the manufacture. B)

C)

D)

You heard testimony - once a pack of cigarettes is delivered to a distributor, (in this case the McLane Company), it is affixed with a Tax ID #, (in this case 33043). The McLane Company then delivers the cigarettes to its customer, (in this case the Kangaroo on SR 121 in Macclenny, Fl) You have also heard testimony that the pack of cigarettes found in the

defendant’s bedroom had the manufacture number of 9C14N510 with the time stamp of 18:21. These cigarettes also had the McLane Companies tax ID # of 33043. Point out this number is specifically identifiable by the McLane Company. E)Point out that there were twenty packs remaining in the Kangaroo that the defendant robbed that had the exact manufacture number, time stamp, and tax ID number. F)You also heard testimony - that it is possible for multiple customers of the McLane Company to have cigarettes with the same manufactures number and the same tax ID number. So what separates this pack of cigarettes from any other cigarettes that may have the same manufacture and tax ID number? A)

This pack of cigarettes was found in the possession of the defendant. The defendant stated that he purchased the

cigarettes at the SHELL Station in Lawtey, Fl the previous night. B)

C)

D)

You heard testimony from Dennis Larry, (the defendants brother), who said, between 2:00 am and 2:30 am, the morning of the robbery, he and the defendant went to the store, FAST TRACK, located on US 301 at 225, (note: Larry called the store the “Kangaroo” in his deposition). Larry stated that the defendant went into the store and purchased a pack of Newport Shorts in the Box. Dennis Larry and the Defendant gave different store names in which the cigarettes were purchased which is a contradiction, (Lie or mistake?). What is not a contradiction is that they both stated cigarettes were purchased at a store in Lawtey, Fl.

Why is this not possible? A)

You heard Investigator Crews testify that during his investigation the only store

open, during the time mentioned by Dennis Larry, was the Fast Track on 301 and CR 225. (Emphasize: the defendants statement he purchased the cigarettes at the shell station is not true). B)You also heard Investigator Crews testify that he obtained the video surveillance tape from the Fast Track for the night and morning prior to the Robbery. C)

D)

E)

You also heard Investigator Crews testify that he reviewed the video and testified that the defendant did not go onto the store between 1:30 am and 3:00 am. (Emphasize: Statement made by Dennis Larry that the Defendant purchased the cigarettes at the Fast Track is not true). You heard testimony from Marie Couey that the Cigarette Distributor used by the Fast Track in Lawtey is the Hackney Company. You also heard the representative from the McLane Company testify that they do

not deliver to the Shell Station or The Fast Track in Lawtey, Florida. F)With that said, it would be impossible that the defendant purchased that pack of cigarettes at any store in Lawtey, Florida. As to the Defense Attorney’s claim that the cigarettes could have come from the Kangaroo on Hwy 90 in Macclenny, Fl or any other store: A)This would imply that defense council does not believe his client when his client told officers he purchased the cigarettes from the Shell Station in Lawtey, Florida B)

C)

This would also imply that defense council does not believe Dennis Larry, (the defendant’s brother when he said he was with the defendant when the defendant went into the store in Lawtey, Florida and purchased the cigarettes. On both of these points myself and the defense council agree, Because I also

don’t believe the defendant purchased the cigarettes in Lawtey, Florida. D)In fact all of the evidence shows that this pack of cigarettes were not purchased in Lawtey, Florida E)

F)

So what is the purpose for lying about where the defendant purchased a pack of cigarettes? Most importantly, neither the defendant, Dennis Larry, nor any other witness testified that the defendant purchased the cigarettes from Macclenny, Florida or from any other store in which the McLane Company delivers cigarettes to.

That’s what makes this pack of cigarettes different from any other pack of cigarettes.