Words alone are not enough of a defense. This is straight from the Jury Instructions. Words alone are not enough of a defense.
It is never acceptable to use a racial slur. The defense says that Nicolas said, "white trash." The defense wants you to believe there were racial slurs. But, when Nicolas and the defendant who doesn't know he's recording, are being recorded.
(he had the phone in his back pocket.)
How many times does he use the word, "white trash?" Zero times!
If he had, he would've used that phrase and done something more, he would've attacked him.
No one likes racial slurs and that's playing on your emotions.
You don't have to like Nicolas. Even if you think he did say, "white trash," the very first Jury Instruction is: do not let bias or prejudice go into your decision.
But who does use such language? The defendant. He says, "that fucken bitch from Youtube." He even called his wife "this bitch."
He took it a step too far. That's why he's being convicted.
The witnesses saw everything. We didn't see it. It would still be a crime.
No evidence reasonably supports the defendant's words, witnesses don't support it.
It's not an impossible standard. You will find him guilty on two counts.
The witnesses of the defense:
His wife, you may as well say she's the third attorney. The other witness--friends of the defendant for 14 years--and brought in to help his friend. He only gave us words. If they say he was threatened, where's the corroboration?
Not credible testimony. That's the reason there is no evidence. It doesn't exist. This is a distraction: it's not about protesters.
Remember, doubt is a standard and all you have to ask is, "is this reasonable?"
The defendant wants you to believe that Nicolas was stalking the defendant. But Jury Instruction #226 states that "was the witness biased, prejudiced, or personally related, or has a personal interest in the outcome of the case."
To the defense's arguments about Nicolas. At 18 or 19, he made a mistake. He didn't deny it. It was shocking when he was asked, "do you have any regrets?" and he says, "No, I don't."
Why not? "Because it was that moment that made me turn my life around."
The defense wants you to judge him 5 years later. It made him an activist!
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