Written Summation
My name is Travis Pharis, a defense attorney representing Mary. In this case, Mary vs. Hudson, my client Mary is accused of murdering her neighbor Jason using a knife on 10 th November 2020, at the 13 th block, Peachtree Street, Atlanta. Jason had moved into the neighborhood two months ago, and Mary had become friends with him, exchanging casual visits in each other houses. On this particular night of the murder crime, Mary visited Jason's house as it is shown from the CCTV cameras on 9 th November 2020 from 2013hrs and left at 2227hrs. Later, from 2305hrs, the CCTV cameras are switched off by an unknown individual. Jason is later found murdered the following morning with several knife cuts on his throat and chest areas towards the heart region. The murder weapon which Mary identifies to belong to her knife set that went missing several days before is strategically placed on the victim's chest region. Mary is taken to custody on account of a murder weapon belonging to her and alleged that she has self-control issues based on violent encounters she has had with the previous neighbor.
Both the defendant and plaintiff agree that the murder weapon used belongs to Mary. However, on Mary's fingerprints scientific analysis, none has been traced on the murder weapon. It is vivid the person responsible for the murder had gloves on to erase any form of evidence on the knife. In addition, Hudson, who was Mary's boyfriend for seven months but broke up last month, has keys to access Mary's apartment; therefore there is a possibility he could have stolen the knife from Mary's kitchen and used it to murder Jason. Therefore, our first evidence is based on missing fingerprints on the murder weapon; hence anyone could have used the murder weapon.
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Mary and Jason have been seen they visit each other houses frequently from the CCTV footage, and no confrontation has been cited, which leads us to the murder motive. Mary is a good neighbor to Jason; therefore, why could she possibly come up with the murder idea. We agree that in the past, she had a violent confrontation with the previous neighbor, but that was five years ago, and it is clear that Mary's then neighbor had initiated the confrontation, and Mary had to defend herself, which turned out violent and chaotic. However, Mr. Hudson has been lately jealously questioning Mary's friendship with Jason and threatened her in text messages we have recorded, stating that he will do whatever it takes to have her back and he will not allow any man to come between them. Therefore, Mary has no particular murder motive for Jason. Instead, the jealous notion could be the murder motivating factor for Hudson to eliminate any form of competition he faced from Jason.
On the night of the murder, Hudson, who comes from religious family background, was said to have been attending a night church festivity held at Baptist Church in Atlanta City. He is captured by the CCTV cameras entering the church premises at 1930hrs but cannot be traced later after when people are exiting the premises the following morning. We agree the church had a large crowd in attendance; however, there is no witness statement of who exactly could account for his presence in the festivity during the murder time. Furthermore, after tracing Hudson's vehicle GPS tracker, he was in the locality of the murder scene. Lack of a church alibi to account for Hudson's presence during the whole church festivity and location based on the GPS tracker further connects Hudson to the murder.
Witnesses used in this case are Mary's neighbor, Jason's best friend, Hudson's father, Hudson's best friend. The first witness is Mary's neighbor, who recalls Jason as a friendly man who was very social with everyone and particularly his neighbors, including her, most of who she spotted visiting Jason's premises. She says that there was no particular unusual notable difference between Mary's friendliness with Jason compared to other neighbors. Therefore, there is no murder interest placed on Mary whatsoever. Witness 2, Jason's best friend, also conquers with Mary's neighbor that Jason was close to all his neighbors and recalled being present during Mary's visits, and he never noted any negativity while they were addressing each other as they were just casual friendly neighbors.
Witness 3 is Hudson's father; he admits to having held a church night festivity during the murder night and that they left home to the church with Hudson. After the opening family remarks, he cannot recall having an encounter with Hudson. Witness 4 is Hudson's best friend who defines him as an aggressive go-getter at what he focuses on. In addition, he recalls Hudson being emotionally affected by the breakup with Mary, which caused him insomnia lately.
From the evidence and witnesses' statement on Mary vs. Hudson's case, it is clear we should base the case on strain theory in which Hudson's jealous, obsessive relationship issues are used as the murder motive instead of the self-control theory on the accused based on previous violent confrontations with the neighbor (Hagan, & Daigle, 2018). It is still mysterious who turned off the CCTV cameras, but we know only two people had access to the murder weapon that went missing from the accused kitchen. We are here, ladies and gentlemen of the jury, to critically evaluate who should be charged with Jason's murder.
Trial Memo
Facts
In this case, a man by the name of Jason has been found dead with several knife cuts in his house. My client Mary has been his neighbor for two months has previously visited Jason's house a couple of times, and the knife used is allegedly from her kitchen, which made her a key suspect in this murder. However, one month ago, Mary broke up a seven months relationship with Hudson, who has been threatening her lately that he will do whatever it takes to have her back.
Place of occurrence
Jason was found dead in his house, which is located in the 13 th block, Peachtree Street, Atlanta.
Conceded facts
The knife alleged to be used for the murder is missing from Mary's kitchen. Jason has several knife cuts on his throat and frontal chest region towards his heart area. In addition, Jason and Mary have been spotted on several occasions visiting each other's house, and this particular visit, Mary left as if in a hurry. Mary broke up with Hudson, and it has affected them both emotionally.
Disputed Facts
However, Hudson comes from a famous religious family, and at the said night, he claims to be at a night church festival, which is contrary to our findings that traced his GPS tracker in the same region as the murder case.
Witnesses
Witness 1, Mary’s opposite neighbor, witness 2, Jason’s best friend, witness 3, Hudson’s father, witness 4, Hudson’s friend.
Description of evidence and scientific analysis
We have CCTV footage that shows Mary going into Jason's house that night and later leaving. CCTV cameras go off shortly after Mary leaves, meaning they were tampered with by someone. Hudson had Mary's house keys, which means he could access the kitchen knife. Also, threatening text messages from Hudson to Mary.
Crimes
Mary is accused of killing Jason. We counter this allege with Hudson being the killer.
Theory of the case
The case is based on strain theory in which we seek to analyze Hudson's urge to dominate in a relationship and his obsession with Mary to the extent of passing cold threats to her and even killing her neighbor with the perception he was his competitor.
Opponents Theory
Opponents base their case on the self-control theory, given that Mary has previously been engaged in violent confrontations with the previous neighbor.
Elements of the Crime
Mary's kitchen knife as the murder weapon, Hudson's jealousy and obsession motives for murder.
Prove of the elements
In as much as Mary's knife was confirmed to be used for the murder, there are no fingerprints on the knife to trace it back to her, Hudson has keys to access Mary's kitchen, Hudson's threatening text messages to Mary on doing whatever it takes to have her back.
Legal issues
Should the court hold Mary or Hudson responsible for the murder of Jason?
Strengths and weaknesses of the case
It is to Mary's advantage that Hudson's locality at the night of the murder is questionable and threatening messages; however, Mary's self-control issues are questionable and the reason as to why she left hurriedly that night.
Statements of 4 witnesses
Witness 1, Mary's neighbor, says that Jason was very friendly to everyone, and most of his neighbors stopped by his house, which exempts Mary from having any particular interest.
Witness 2, Jason's best friend, remarks that Jason was always warm, welcoming to all people in the neighborhoods he lived in prior, and he was present in most of Mary's visits, which he never noted any negativity from either Mary or Jason.
Witness 3, Hudson's father, admits to having held a church night festivity at the murder time, which he cannot clearly account for his son's presence the whole time.
Witness 4, Hudson’s friend conquers that Hudson has had a hard time moving on from Mary and often questioned the friendship between Mary and Jason.
Description of the evidence
CCTV footage outside Jason's house shows Mary leaving before the murder time. Mary is seen entering and not leaving her house again during the tampering of the cameras. No fingerprints are traceable on the murder weapon beside it belonging to Mary.
Hudson is initially seen at the night festival, although his presence cannot be fully accounted for. Text messages sent are out of frustration from the breakup.
Text of Summation
Jason's murder is quite mysterious from the missing CCTV footage. The murder weapon belonging to my client with no fingerprints is questionable, as well as Hudson's locality during the murder time and threatening text messages. Hudson could have actualized his threats and eliminated any form of competition by murdering Jason. Despite violent confrontation with her previous neighbor, she has no criminal record or murder motive for Jason. We are here, ladies and gentlemen of the jury, to evaluate who should be charged for Jason's murder. My name is Travis Pharis, representing Mary.
Reference
Hagan, F. E., & Daigle, L. E. (2018). Introduction to criminology: Theories, methods, and criminal behavior . Sage Publications.
