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MacNeill Trial: Closing Arguments - CourtJunkie

MacNeill Trial: Closing Arguments

November 8, 2013

Today was a big day in the Martin MacNeill trial. Both sides gave their closing arguments, which I have re-capped below.

State – Closing Arguments

ProsClosing

  • The prosecutor puts a picture of Michele and a picture of Gypsy up on the stand, in front of the jury as he speaks.
  • 7 years ago, Martin murdered his wife. It was not an accident and certainly wasn’t the result of a heart condition.
  • In the process, he obstructed justice by lying to authorities and manipulating the crime scene.
  • On March 6, 2007, his relationship with Gypsy became very serious.
  • Don’t be fooled by Gypsy’s act. She minimized their relationship in order to try and protect him.
  • The prosecutor starts talking about the meeting MacNeill organized between Gypsy and Rachel approximately one week after Michele’s death.
  • Gypsy wasn’t really a nanny. Sabrina testified that she had only made one meal, and that she didn’t do anything around the house except sit and stare at MacNeill.
  • MacNeill is a dominant personality; He controlled Michele.
  • Dr. Thompson prescribed more meds to Michele than he normally would have, because MacNeill was a doctor and asked him to.
  • Dr. Von Welch said Michele was in “excellent health” other than mild high blood pressure.
  • The military ID application that MacNeill and Gypsy filled out might have well said, “I’m glad the b**** is dead.”
  • Plastic surgery was MacNeill’s cover for the “almost perfect murder.”
  • Before the final pre-op appointment, Alexis saw MacNeill look through the PDR, looking for meds to prescribe Michele. He had never done that before.
  • On April 3, 2007, the day of Michele’s surgery, MacNeill wasn’t happy about her staying overnight. He exchanged 24 texts with Gypsy that day.
  • The first night Michele is home, MacNeill insists that he will take care of Michele. Alexis goes to bed. MacNeill gives her Valium, liquid Lortab, Phenergen, two Percocet tablets and an Ambien. He exchanged 19 texts with Gypsy that night, and one phone call.
  • The first time MacNeill called Gypsy from his cell phone was the day of Michele’s funeral.
  • On the morning of April 5, Alexis finds Michele heavily sedated and unresponsive. MacNeill said he may have over-medicated her.
  • The timing of this overdose is significant. It’s the first time he was alone with his wife since the surgery.
  • Michele had those same meds in her on April 11 as she did when MacNeill gave her too many meds on April 4.
  • Michele was recovering well, down to 1 – 2 Percocets a day when she died.
  • On April 8, Alexis overhears an argument between Michele and MacNeill about his affair with Gypsy.
  • Michele was perfectly fine the night before her death.
  • On April 10, there was one phone call, 36 texts, and eight picture texts MacNeill exchanged with Gypsy.
  • On the morning of April 11, Sabrina testified that her mother was fine, sitting on the couch. Alexis spoke with her in the morning and said Michele was in good spirits and feeling well. She was planning on picking up Ada from school.
  • About about 9:10, Alexis receives a bizarre voicemail from her father, saying that she needs to call Michele because her mother is out of bed and needs to rest. Alexis called home at about 10:50, no one answers. Calls again at 11:59 AM, and MacNeill answers. He is stressed, and says Michele isn’t breathing and that he called an ambulance.
  • That morning, MacNeill calls Michele’s cell phone at 9:11 and 9:17 AM. He leaves messages on her phone. He calls again at 11:32 AM and leaves another message, saying not to go anywhere and that he’ll be home to fix a “lovely lunch.”
  • At 11:45 AM, Ada discovers her mother’s body.
  • “He couldn’t do anything because he had a hurt toe.” The prosecutor says that MacNeill couldn’t get Michele up out of the tub because he had “a hurt toe or maybe he had cancer.”
  • What happened to Michele’s pants? Ada says she was fully dressed.
  • There is an hour and a half where MacNeill can’t account for his whereabouts. Nobody can say where he was at between 9:30 and 11 AM the morning Michele died. There is plenty of time to rush home, and “take care of business.”
  • MacNeill was wearing a different wedding band at work a week later.
  • There was no struggle between MacNeill and Michele because “she was out of it.”
  • There is more than enough evidence to convict.
  • The prosecutor brings up the inmates’ testimony. MacNeill referred to his wife as a bitch, said she drowned. If it was an accidental death, why would he refer to her like that?
  • MacNeill told them he was “getting away with murder.”
  • We believe he knowingly and willingly murdered his wife. It’s time for the truth to have its day. Do the right thing and convict MacNeill of murder and obstructing justice.

Defense – Closing Arguments

DefenseClosing

  • The State continues to cherry pick the facts to support their evidence.
  • MacNeill was living an “alternate lifestyle.” When Michele passed away, was it so surprising that he would seek to get his mistress into a more prominent role in his life? Or to try and smooth things out with the kids as smoothly as he could?
  • Not all circumstances are circumstantial evidence
  • Our judicial system serves a very important purpose – so we don’t convict people who “look” like they are guilty, but aren’t.
  • MacNeill didn’t kill his wife. It makes no sense
  • There’s no evidence in this case that rises to the level of proof beyond a reasonable doubt.
  • Medical experts point to no evidence that MacNeill killed Michele.
  • The medical examiner said right up on the stand – He could not conclude this was a homicide.
  • The wording in the ME report about drug toxicity (“could potentially” “may have had an effect”) equals reasonable doubt.
  • Investigators tried to get around the medical investigators. They kept coming back.
  • The State saw Dr. Perper on the Nancy Grace show and so basically, the State hired Nancy Grace. When they heard Dr.Perper on the Nancy Grace show, they went right after him. They knew what he was going to say.
  • Dr. Perper’s claims are not credible.
  • If medical examiners can’t decide this death was a homicide, how can you?
  • The Defense attorney says he could sit down right now, because the medical examiners are reasonable doubt. But he can’t, because he’s a lawyer.
  • Dr. Gray nor Dr. Fricke are paid experts. They have no motives. However, Dr. Perper is paid.
  • There’s no evidence anyone but Michele herself gave her meds the day she died. Even if MacNeill did, the medications were low. They were very, very low.
  • There is no evidence of a homicide. If so, the medical examiners would have come in here and told you. They didn’t.
  • The drug levels found in Michele after her death were all therapeutic.
  • The family dispensed narcotics until day 6.
  • It’s reasonable doubt. What can you trust from the testimony of Alexis Somers?
  • The Defense is laying out their timeline of what happened on April 11, 2007. He says no one saw MacNeill going to and from work, multiple times.
  • Regarding the daughters’ testimonies: “Their facts get more and more slanted to make their father out to be a bad guy.”
  • Alexis’ story in court was not accurate. Her story has evolved.
  • “It’s hard to speak 6-year-old,” the Defense says. She got “a lot of things wrong.”
  • MacNeill couldn’t get in the tub because there was a 180 pound woman in it; there’s no room.
  • MacNeill was “damned if he was, damned if he wasn’t.”
  • “If MacNeill got some facts wrong that day, he was certainly in good company.”
  • The 911 call is the best evidence, showing that MacNeill wanted help for his wife.
  • He was hysterical. He was seeking help. He wanted the 911 operator to send an ambulance.
  • Because of the size of MacNeill’s tub, it would be tough to push someone underwater.
  • The evidence doesn’t add up the way the prosecution wants it to add up.
  • During the likely time that Michele fell in the tub, MacNeill was at work.
  • He may have been living an alternative lifestyle but he was still hysterical at losing his wife.
  • The evidence can not rise to a level of guilt beyond a reasonable doubt.
  • Jason and inmate #1 were “seeking benefits.”
  • Is ‘bitch’ an unusual word for an inmate to use? Think about it.
  • It’s unlikely that MacNeill would be so stupid as to meet an inmate and say, “Hi, I get away with things. I killed my wife.”
  • High blood pressure is a silent killer. Like all three medical examiners claimed.”

State’s Rebuttal

Rebuttal

  • The Defense told the jury a lot of “speculative conjecture.”
  • You must rely on your memory of the facts.
  • This case can’t be defined and decided by medical evidence.
  • The fact that the medical examiners didn’t decide homicide doesn’t mean anything; it’s beyond their role. Their roles are very limited.
  • The fact that they don’t find homicide isn’t the end of the story.
  • Medical examiners can disagree; it isn’t uncommon.
  • Sometimes medical examiners can determine the manner of death, sometimes they can’t. Murder cases are decided all the time without a medical examiner coming in and telling us what to do.
  • It’s the jury’s decision if a murder was committed here.
  • If you are sedated to the point of being groggy or impaired, you wouldn’t need to fight someone.
  • Michele may have been drugged “to the point of comatose.”
  • The shell casings are all around MacNeill. He asked for the drugs.
  • The Defense’s claim that drugs were in “therapeutic levels” is incorrect, because the drugs had additive effects.
  • There were two “spikes” in the amount of meds Michele took – the first time was when MacNeill administered them, and the second on the day of her death.
  • Even MacNeill’s opinion on how Michele died matches drowning.
  • Because he drowned her and he knows he drowned her.
  • MacNeill telling others, “the b**** drowned” is an admission
  • Foul language that MacNeill used regarding his wife’s death says he wanted her dead. Inmates in different states cross-reference stories.
  • Many people came together from all over to corroborate that MacNeill killed wife. They are not making this up.
  • The prosecutor mocks MacNeill’s anguish over his wife’s surgery, doing an impersonation for the jury.
  • The prosecutor shows a timeline that has a big red block of unaccounted time for MacNeill between 9:26 AM – 11 AM on the morning of April 11, 2007. “That is an extremely weak alibi.”
  • Jury is not required to know with absolute certainty, beyond a reasonable doubt.
  • “I want to end by saying there is proof beyond a reasonable doubt here.”

The judge read the jury instructions and sent them off to deliberate.

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