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PostPosted: Thu Sep 05, 2002 9:56 pm 
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Joined: Mon Nov 20, 2000 6:01 am
Posts: 493
Location: Framingham, MA USA
The self-defense issues which were raised was enough, in itself, to intrigue me to report this case. The defense has or is about to present its closing arguments

But what really got to me is the procedure of the prosecution,

Enough said, here is the report from CNN news:

I am not trying to argue facts of this case especially since the evidence is in front of a jury, but the logic and tactics of the prosecution escapes me.

Here we have a sealed verdict case against an adult where the jury was given evidence by the lead investigator that the adult was the killer and the jury verdict is sealed pending the outcome of the case reported below charging two minors with committing the murder and in this case the same prosecution authority and the same lead investigator in the case of the minors giving evidence that the minors committed the murder.

I am going batty about this. (pun intended). Why not have the children who are being tried as adults testify against each other. seal each case and open them until you get a guilty verdict.

This is not Las Vegas; it is more like the famous scene of Abbot and Costello, “Who’s on First”

Which case did the lead investigator give inaccurate information?

Quote:

Trial nearly over for boys accused of killing dad
September 5, 2002 Posted: 3:09 PM EDT (1909 GMT)

Defense attorney James Stokes delivers closing arguments Thursday.

PENSACOLA, Florida (CNN) -- A jury could begin deliberations Thursday in the case of teen-age brothers who admitted to killing their father but later retracted the confession and implicated a man already tried for the same killing.

Closing arguments were under way Thursday afternoon in the trial of Alex King, 13, and his brother Derek, 14, who are charged with first-degree murder and arson in the beating death of their father, Terry King.

The King brothers are accused of using a baseball bat to kill their father in their home last November, then setting fire to the house in the small Pensacola community of Cantonment. Both are being tried as adults.

If convicted of first-degree murder, the boys face a mandatory penalty of life in prison without parole. The maximum penalty for arson is 30 years in prison.

Ricky Chavis, was tried last week for the death of Terry King, 40. The verdict was sealed until the completion of the brothers' trial. He denied killing King, but both boys testified against him.

CNN NewsPass VIDEO
Jurors hear a taped confession, then testimony from Alex King about the slaying of his father. CNN's David Mattingly reports (September 4)


LEGAL RESOURCES

Latest Legal News

All three defendants face life in prison without parole if convicted of first-degree murder. Each also is charged with arson. Firefighters found the victim's body inside his burning home in nearby Cantonment.

Chavis also faces trial on a single count of committing a lewd and lascivious act against Alex King. The boys' lawyers argued that Chavis' motive in the slaying was to prevent King from finding out about Chavis' sexual relationship with Alex.

Before the trial resumed Thursday morning, Circuit Judge Frank Bell denied a defense request to use statements from the prosecutor's closing arguments in the Chavis case.

In that closing argument last Friday, Assistant State Attorney David Rimmer told jurors that it was up to them to determine if the boys lied when they confessed or lied later when they said Chavis was the killer.

When trial resumed, attorneys for Alex King rested their case. After presenting a few more witnesses, the defense for Derek King also rested.

Derek King did not take the stand. Judge Bell set closing arguments to begin after a lunch break.


Derek King, one of two brothers on trial for the killing of his father.
On Wednesday, Alex King testified that Chavis was the killer, and that he and his brother reluctantly agreed to take the blame after being coached on what to tell authorities.

He said he and his brother were at Chavis' home last November when the killing took place.

"[Chavis] said there had been a fight between him and my dad, and he said that my dad was dead. He said he had killed my dad to protect us," Alex said.

"He said my dad never would have let us live with him [Chavis], he would never let us go. He said my dad would have killed us before he would let us go."

Wearing a light blue dress shirt and a tie, with his hair neatly cropped, Alex showed little emotion as he spoke about his version of events.

Asked how he felt when Chavis allegedly told him the news, Alex said, "I was kind of angry that he kept saying he had done it for me."

At one point, he said, Chavis left to burn down their house with his father's remains inside. "When he came back, he said that there had been a fire, that the fire had not burned up everything."

It was then that Chavis said he "couldn't go to prison" and then began pressing the two boys to confess to the killing, Alex said.

"He was saying that if we took the blame that we would get off on self-defense because we are juveniles," Alex said.

Asked whether he and his brother immediately agreed to the plan, he responded, "No sir, it was some time before we agreed to take the story, to take the blame."

Chavis then coached the boys over a period of about two days as to what to tell authorities, he said. "We were talking about it almost constantly," Alex said. "He kept going over it until we got it all right."

But Alex acknowledged he smoked marijuana on the night his dad was killed, and that in the weeks before the killing he and Derek ran away from home to live with Chavis. He said his plans were to stay with Chavis until he was at least 16.

He also acknowledged telling other juveniles in the detention center that he and his brother killed their father. He also said he had not smoked pot on the day he confessed to police.

The prosecution also pressed Alex on whether family members, during jailhouse visits, have tried to persuade the boy he was not involved, and that it was Chavis who is responsible. Alex responded, "They said something to that effect."

Earlier Wednesday, the court heard the boys' confession tapes. On one of them, Derek said he was the one who beat his father to death in his recliner.

"I made sure he was asleep. I got the bat, and I hit him over the head," Derek said. "I hit him once and I heard him moan. I was afraid that he might wake up and see us, so I just kept on hitting him -- somewhere around 10 times."

Well there you have it. Let’s see what happens.

I cannot comment anymore because the defense has yet to proceed or may be in that process as I write. I will comment on the highly questionable procedure of the s prosecution, which I feel is a travesty of justice.

The jury will decide the facts and sort it all out, but which one?

Hey there Murray/Student, what do you think?


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