closing Flashcards
Intro/theme
Ladies and gentlemen, Quinn Fitzpatrick is not guilty of the charges. Quinn did not shoot and kill Reagan and did not order the killing. Your honor, the prosecution has not at all proved beyond a reasonable doubt that my client Fitzpatrick did commit this crime. There are doubts, speculations and reasonable doubt all throughout the prosecution’s case against my client. There are multiple suspects that could have committed this murder and bias taints the prosecution’s star eyewitnesses.
1st eyewitness
Your honor in this case we have two people who made eyewitness identifications. First off, we have learned throughout this trial that eyewitness identifications are notoriously unreliable. I am here to remind you that these two people are both mistaken in their identification. To begin, Fallon Flanagon testified that he saw Fitzpatrick in the car in the passenger’s seat when the drive-by occurred , but the prosecution failed to explore motivators and bias that come with this identification. When this idéntificarion was made the weather was rainy, and Fallon only saw the car for 2 seconds, all while Flannagan’s glasses were fogging up. Your honor, how could Fallon have focused on making a reasonable identification under these conditions in the span of 2 seconds.
It is simply not possible and no human could be 100% sure that their identification is accurate under these conditions and factors. In fact, Flanagan’s hatred for the mulligan group is enough to prove that his identification is biased and he clearly indicated to officer McCarthy that he was only 70-75% sure. Your honor 70-75% is uncertain, 70-75% is reasonable doubt. In this situation it is more likely that the witness was more concerned about their safety rather than identifying the person. You cannot convict my client your honor on an identification where they are only 70% sure, the prosecution has to prove their case beyond a reasonable doubt, and they have failed to do so. Not only is that witness uncertain but they are also biased.
2nd eyewitness
To continue, Kelly O’briens identification is completely unreliable due to the previous bad blood and hatred for Quinn. In fact Kelly has admitted to despising my client Fitzpatrick. Your honor, the weather conditions continue to prove that no reliable identification can be made in such a short amount of time from a car that is 40 feet away. Your honor, any person who is reasonable can conclude that these identifications are clearly mistaken.
Expert witness
You also heard from our witness Devin Conway the methods that the gang uses. The chances of Fitzpatrick using or executing this drive by is unlikely. There are 7 members who overheard this meeting who could have acted upon this crime and gained from it. There are also multiple suspects that the prosecution did not account for. They did not bother to testify to the 7 other subjects. The prosecution’s witness statements and identifications have countless flaws that discredit their arguments.
Conclusión
Reasonable doubt, burden of proof, and presumption of innocence are the foundation of our system of justice. As the defendant sits before you today the law clothes him with a presumption of innocence. He doesn’t have to prove a thing. The burden is completely on the prosecution to prove him guilty. The prosecution has to prove more than he might be guilty. The prosecution has to prove more than he’s probably guilty. The prosecution has to prove more than he’s most likely guilty. They’ve got to prove him guilty beyond and to the exclusion of every single reasonable doubt. And they have not done so in this case. That is exactly why you cannot choose any other verdict other than not guilty. Thank you, your honor.
