caused his own death. This was no suicide. This death was a direct result of the robbery. Very simply put,this is a case of murder. It is, moreover, a murder committed during a felonious act. The 2 defendants you see before you will be shown to be participants in that act and are being charged with felony murder. Later, the judge will give you instructions on how to consider the evidence presented. But there is no doubt in my mind, and I believe by the end of the trial there will be little doubt in yours, that these 2 men, James King and Steven Harmon, were all part of the robbery that caused the death of Alguinaldo Nesbitt. Thank you.
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CUT TO: LS of COURTROOM. OâBRIEN is at attorneysâ podium.
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CUT TO: STEVEâs MOTHER, on wooden bench in the gallery area, listening intently. Her face looks worried.
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OâBRIEN
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The State correctly says that the laws of a society provide protection for its citizens. When a crime is committed, itis the State that must apply the law in a manner that offers redress and that brings the guilty parties to justice. But the laws also protect the accused, and that is the wonder and beauty of the American system of justice. We donât drag people out of their beds in the middle of the night and lynch them. We donât torture people. We donât beat them. We apply the law equally to both sides. The law that protects society protects all of society. In this case we will show that the evidence that the State will produce is seriously flawed. We will show not only that there is room for reasonable doubtâand you will hear more about that idea at the end of this trialâbut that the doubt that Steve Harmon has committed any crime, any crime at all, is overwhelming.
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As Mr. Harmonâs attorney all I ask of you, the jury, is that you look at Steve Harmon now and remember that at this moment the American system of justice demands that you consider him innocent. He is innocent until provenguilty. If you consider him innocent now, and by law you must, if you have not prejudged him, then I donât believe we will have a problem convincing you that nothing the State will produce will challenge that innocence. Thank you.
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CUT TO: BRIGGS.
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BRIGGS
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Good morning, ladies and gentlemen. My name is Asa Briggs, and I will be defending Mr. King. Miss Petrocelli, representing the State, has presented this case in very broad and grandiose terms. But you will soon see that her key witnesses are among the most self-serving, heartless people imaginable. Some of them will begin their testimony by swearing that they are criminals. You will have the unpleasant task of listening to people who have committed crimes, who have lied and stolen, and in at least one instance has been an admitted, and let me emphasize this, an admitted accomplice to murder. But inthe end you will have the opportunity to judge the Stateâs key witnesses and to deliver a just verdict. What I am asking you to do is just that. Judge what they bring up on the witness stand, and then deliver your just verdict. Thank you.
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CUT TO: WITNESS STAND. JOSÃ DELGADO is on the stand. He is young, very well built, and articulate.
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JOSÃ
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Iâm on until 9âthe store closes at 9. So in the afternoon I either go home and grab a bite or go out for Chinese. That night I went out for Chinese. Usually I get something and eat it in the back. When I went out, everything was okay.
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PETROCELLI
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What time did you leave the drugstore?
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JOSÃ
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Four thirty, maybe 4:35 at the latest.
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PETROCELLI
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And what did you discover on your return?
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JOSÃ
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At first I didnât see anythingâwhich I knew was weird because Mr. Nesbitt wouldnât leave the place empty. I went around behind the counter and I saw Mr. Nesbitt on the floorâthere was blood everywhereâand the cash register was open. A lot of cigarettes
Robert J. Duperre, Jesse David Young