Rashad Murphy's Lawyer's Opening Statement In Death Penalty Phase Of Julio Foolio Trial

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[00:00:01]Good afternoon, ladies and gentlemen. I I want to begin by thanking you for your service. You we've been here five weeks and your attention to this matter u has been exemplary. Um and certainly in in the course of this uh penalty phase, we're not disputing your verdict at this time. Uh we respect it and we're moving on. Um, this is my opportunity, uh, as well as the other attorneys to show you reasons why a life recommendation is appropriate in this case, specifically to my client, Rashad Murphy, during jury selection, which seems like u a long long time ago. Um and and it's the reason that you're here um on this jury panel is that you all committed to keeping an open mind if the verdict of guilty was in fact a verdict as charged of first-degree murder. And of course, here we are.

[00:01:07]as you've been reminded and will be reminded um I'm sure a lot more uh during the course of this week, your recommendation carries great weight. As I think I indicated during uh jury selection, it's it's a term that um kind of bothers me because it suggests that you're simply making a recommendation and then it becomes somebody else's decision. Um and and the truth is is that legally your vote is is something that um uh does carry great weight and the court uh has to give it uh great attention and it's it's not often when a court uh disagrees and and rules differently.

[00:01:52]Um as you know aggravating factors have to be proven by the same standard that uh we had during first phase proven beyond a reasonable doubt and at least one aggravating factor is required. On the other hand mitigating circumstances uh can be proven by the greater weight of the evidence. We talked about it in jury selection that it it basically is just tipping the scales. Uh if you believe that more likely than not some mitigating circumstance is presented to you, that's enough for you to consider it as a mitigating circumstances and compare it to whatever else is presented in the form of mitigation as well as aggravation.

[00:02:40]And as you've been told, it is a weighing process. But ultimately, you decide what you personally believe is the appropriate vote or decision. And I believe the evidence will show that the appropriate vote is a vote for a life without the possibility of parole. And I I want to emphasize that. Um when I say life without the possibility of parole, that means that my client, Mr. Murphy uh will die in prison. It's just a matter of whether or not um there's no chance of early release or anything of that nature. It's life without the possibility of parole.

[00:03:28]Now, with respect to Mr. Murphy, my client, um there will be basically uh two parts to the presentation.

[00:03:36]You will hear from uh witnesses, family members or friends that um who know the defendant well and can provide information about the defendant's background, childhood, the environment, the neighborhood, and the community that he grew up in. Uh but you will also hear testimony uh probably Wednesday is my best guess um from a mental health expert, Dr. Michael Collins who is a forensic neurossychologist.

[00:04:09]Um he did a full psychological of the of Mr. Murphy uh while at the jail before obviously the trial began.

[00:04:19]He reviewed multiple reports and interviewed the defendant. Spent hours with the defendant gaining extensive information about the defendant as a person and his history.

[00:04:32]And of course, he conducted a series of psych psychological tests allowing him to furnish a comprehens comprehensive analysis of the defendant's mental condition and how it relates to the penalty phase, how it relates to the vote that you're going to be asked uh to provide.

[00:04:54]There's much more detail to follow, but basically the diagnosis in a nutshell is post-traumatic stress disorder, PTSD.

[00:05:04]It's a mental health condition triggered by experiencing or witnessing terrifying events causing symptoms like flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the trauma. It disrupts daily life making work, relationships, and sleep difficult.

[00:05:24]Treatment includes psychotherapy and medication.

[00:05:29]You will see that Rashad Murphy had an extremely difficult childhood growing up in a crimeridden, violent environment.

[00:05:39]He experienced or witnessed overwhelming life-threatening or traumatic events.

[00:05:45]all causes of post-traumatic stress disorder.

[00:05:50]The following mitigating circumstances that the defense intends to prove by the greater weight of the evidence is as follows.

[00:06:07]Number one, the defendant was only 30 years old when the homicide occurred.

[00:06:14]Number two, the capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.

[00:06:22]Number three, the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.

[00:06:35]Number four, the defendant has a history of physical, sexual, or emo emotional abuse as a child consistent with childhood post-traumatic stress disorder.

[00:06:48]Number five, the defendant has maintained a loving relationship with family and friends while incarcerated.

[00:06:56]Number six, the defendant has displayed appropriate behavior and the ability to follow rules while incarcerated. In fact, you'll you'll see that that he in fact uh uh received uh his GED while incarcerated and uh took 50 I think it's 15 hours of parenting classes.

[00:07:18]Number seven, the defendant has developed religious and spiritual awareness while incarcerated.

[00:07:28]Number eight, the defendant helped raise his younger siblings working jobs, including working jobs at a young age to provide financial support.

[00:07:38]Number nine, the defendant loves his children and has been a very good father to them.

[00:07:45]Number 10. The defendant as a minor was removed from his primary home and placed into foster care due to negligent and abusive situations in the primary home.

[00:07:57]And then finally, number 11, the defendant has no prior felony convictions.

[00:08:04]Now, ladies and gentlemen, I saved number 11 for last on purpose because I believe the evidence is going to show that the despite the terrible environment that the defendant grew up in, despite these scars, despite the mental issues he lives with on a daily basis, Rashad Murphy has no prior felony convictions. He was 30 years old at the time of of the offense and he has no prior felony convictions. Not one. Not one.

[00:08:42]Before you vote, I will ask you to compare that fact not disputed by the state that the defendant has no prior felony convictions. I will ask you to compare that to a career offender.

[00:08:59]I will ask you to compare that fact um to someone who has a prior record of similar crimes or violent behavior.

[00:09:09]I will ask you to compare that fact to the state's argument that the attempted murders serve as an aggravating factor despite being one incident.

[00:09:25]They were all one incident.

[00:09:29]It was all one contemporaneous event.

[00:09:33]And I would ask you to compare that fact to the state's argument that an aggravating factor is that the defendant was a criminal gang member.

[00:09:45]That proposed aggravating factor by the state, compare it to the fact that the defendant has no >> what's the legal basis >> argument?

[00:09:55]>> Um overall, Go ahead. I I would thank you, your honor. I would ask you just simply to make that comparison.

[00:10:03]I believe, ladies and gentlemen, that the mitigating circumstances will outweigh any aggravating factors that might be presented by the state. But in any event, in any event, I believe that the mitigating circumstances will show that a life recommendation is warranted.

[00:10:22]Thank you.