CLOSING ARGUMENTS

Defense council would have you believe that

this pack of cigarettes could have come from
any other store:
Lets analyze this:
A)You heard testimony – that each pack of
cigarettes has a manufacture number on
the box, (in this case 9C14N510 with the
time stamp of 18:21). This number is
placed on the cigarettes by the
manufacture.

B) You heard testimony - once a pack of

cigarettes is delivered to a distributor, (in
this case the McLane Company), it is
affixed with a Tax ID #, (in this case
33043).

C) The McLane Company then delivers the

cigarettes to its customer, (in this case
the Kangaroo on SR 121 in Macclenny, Fl)

D) You have also heard testimony that the

pack of cigarettes found in the
 defendant’s bedroom had the
manufacture number of 9C14N510 with
the time stamp of 18:21. These cigarettes
also had the McLane Companies tax ID #
of 33043. Point out this number is
specifically identifiable by the McLane
Company.

E)Point out that there were twenty packs

remaining in the Kangaroo that the
defendant robbed that had the exact
manufacture number, time stamp, and
tax ID number.

F)You also heard testimony - that it is

possible for multiple customers of the
McLane Company to have cigarettes with
the same manufactures number and the
same tax ID number.
So what separates this pack of cigarettes
from any other cigarettes that may have the
same manufacture and tax ID number?
A) This pack of cigarettes was found in the
possession of the defendant. The
defendant stated that he purchased the
 cigarettes at the SHELL Station in Lawtey,
Fl the previous night.

B) You heard testimony from Dennis Larry,

(the defendants brother), who said,
between 2:00 am and 2:30 am, the
morning of the robbery, he and the
defendant went to the store, FAST
TRACK, located on US 301 at 225, (note:
Larry called the store the “Kangaroo” in
his deposition). Larry stated that the
defendant went into the store and
purchased a pack of Newport Shorts in
the Box.

C) Dennis Larry and the Defendant gave

different store names in which the
cigarettes were purchased which is a
contradiction, (Lie or mistake?).

D) What is not a contradiction is that they

both stated cigarettes were purchased at
a store in Lawtey, Fl.
Why is this not possible?
A) You heard Investigator Crews testify that
during his investigation the only store
 open, during the time mentioned by
Dennis Larry, was the Fast Track on 301
and CR 225. (Emphasize: the defendants
statement he purchased the cigarettes at
the shell station is not true).

B)You also heard Investigator Crews testify

that he obtained the video surveillance
tape from the Fast Track for the night and
morning prior to the Robbery.

C) You also heard Investigator Crews testify

that he reviewed the video and testified
that the defendant did not go onto the
store between 1:30 am and 3:00 am.
(Emphasize: Statement made by Dennis
Larry that the Defendant purchased the
cigarettes at the Fast Track is not true).

D) You heard testimony from Marie Couey

that the Cigarette Distributor used by the
Fast Track in Lawtey is the Hackney
Company.

E) You also heard the representative from

the McLane Company testify that they do
 not deliver to the Shell Station or The
Fast Track in Lawtey, Florida.

F)With that said, it would be impossible

that the defendant purchased that pack
of cigarettes at any store in Lawtey,
Florida.
As to the Defense Attorney’s claim that the
cigarettes could have come from the
Kangaroo on Hwy 90 in Macclenny, Fl or any
other store:
A)This would imply that defense council
does not believe his client when his client
told officers he purchased the cigarettes
from the Shell Station in Lawtey, Florida

B) This would also imply that defense

council does not believe Dennis Larry,
(the defendant’s brother when he said he
was with the defendant when the
defendant went into the store in Lawtey,
Florida and purchased the cigarettes.

C) On both of these points myself and the

defense council agree, Because I also
 don’t believe the defendant purchased
the cigarettes in Lawtey, Florida.

D)In fact all of the evidence shows that this

pack of cigarettes were not purchased in
Lawtey, Florida

E) So what is the purpose for lying about

where the defendant purchased a pack of
cigarettes?

F) Most importantly, neither the defendant,

Dennis Larry, nor any other witness
testified that the defendant purchased
the cigarettes from Macclenny, Florida or
from any other store in which the McLane
Company delivers cigarettes to.

That’s what makes this pack of cigarettes

different from any other pack of cigarettes.