In criminal trials, defense attorneys challenge prosecution claims by demonstrating that multiple individuals had authority and opportunity to prevent harm, thereby creating reasonable doubt about the accused's responsibility; the defense argues that Dr. Parker was not the only person who could have stopped the incident, as other teachers with direct contact with the child had the same authority to separate the child from classmates if they perceived a threat.
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Others Could Have Stopped Teacher Shooting: DefenseAdded:
Would the defense like to give an opening statement?
>> Yes, your honor. May proceed.
>> May I please the court? Mr. Jenkins. Uh, ladies and gentlemen, as you found out yesterday, my name is Curtis Rogers. I along with attorney.
Ladies and gentlemen, we have heard that my Dr. Parker is accused of the crime of felony child.
There is one thought that I want you to keep in the forefront of your mind of this trial. Um, and that is based on their actions, it wasn't a gun.
Based on their actions, it wasn't a gun.
Now, the Commonwealth talks about um a lot and this this ongoing crisis and that um Dr. Parker was the only person that was that had the knowledge of the crisis and the authority to act. I would submit that's that's not accurate. It's not true.
Think about it. who who was the one person that was there from the beginning to the end and that was teacher Miss.
Okay.
Based on her actions, she did not act as if there was a gun present. So she thought there was a gun present.
Then her action should have been to separate the child JT from his classmates or separate the classmates from JT. She didn't do that.
Um there was also another person that had suspicions and that was uh Amy Kovac.
Okay. If she thought that there was a gun, she had the authority to separate JT from his classmates or initiate a separation of the classmates from JT. That did not occur.
Um mentioned that Ji was out on the playground with his classmates and there were teachers uh agents of the school that observed things that were going on and said that caused them alarm but based on their actions they did not respond as if there was a crisis a crisis or danger to those students. They did not separate JT from his classmates. they did not separate his class class from um JT.
So um common office saying that only Dr. Parker had authority each one of those individuals had the authority to remove those classmates or remove JT if they thought that those students were presented with any kind of threat or harm or danger at the beginning of this trial and And I need you to understand that right now Dr. Parker stands presumed to be innocent. Right now she's innocent. The commonwall has to prove beyond a reasonable doubt that she's guilty of the allegations that they have presented.
The commonwall has to prove that Dr. Parker was a guardian or other person responsible for the care of the investigations.
Well, Dr. Parker there was sworn and they the commonwealth has to prove that Dr. Parker's willful act or mission in the care of the children so gross want and culpable as to show a reckless disregard for human life.
Who was the person that saw these events from beginning to end?
That was the teacher, Miss Warner. Who was another person that pretty much saw everything um before Dr. Park? That was Andy Kovac the reading specialist. There was another person that saw everything from um they definitely report the shard and that was Mr. Ross.
If the wants to accuse Dr. Parker, what about these other people that had direct contact with this child JT?
It is my belief that the comm will not be able to prove doubt that Dr. Parker is guilty of these crimes and I will be asking you at the conclusion of this trial to find Dr. understand. I need you to always consider based upon their actions.
There was no crisis. There was no based upon their actions. There was no question. There was no All right. The offer and then we're going to try to push forward with the um the first witness.
Does any need a break?
Okay. Um, and you don't have to take notes, but if you'd like to, we'll assure you not.
>> Uh, while they're doing that, to the attorney, he did not swear witnesses on mass, but we will do so as they're brought on to the bench. Is that acceptable?
>> Yes, it is.
>> Okay. And is there a motion regarding >> motion to separate it? We agree.
>> Okay. So, so order and I'll attorney attorneys are and make sure there's the question Ladies and gentlemen, these note are the only private personal Does everybody have one?
Okay.
>> So much like calling first witness.
>> Yes, your honor. The commonwealth calls Abigail Sworner.
This is perfect.
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