kyleb
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Here's the meat of Foglaman's discussion of the claims of an alibi in his closing arguments:
Now, when you analyze their testimony -- and this isn't a real impressive, professional little diagram I've got here -- but, when you analyze their testimony in regard to Highland Park -- and ofcourse you can't see this but I'm still gonna refer to it cause it helps my memory. The testimony about where the defendant was up until about 5:30 is really pretty consistent. It's pretty consistent among the witnesses. But when you get to the crucial time around 5:30 or 6:00, these witnesses have this defendant in three or four different places at the same time. You look at it, at about -- Susie Brewer, she's got at 6:00 -- around 6:00 -- between 5:30 and about 7:00 -- she's got her and the defendant on the street together and at Stephanie Dollar's house. If you move down to Jennifer Roberts, she's got at 6:00 the defendant and Christy Jones on the defendant's porch. Christy Jones says that from beginning about 5:30 or 6:00 she and the defendant are on her porch by themselves for about an hour or hour and a half. So anywhere from 5:30 to 7:00 or 6:00 to 7:30, she's saying that they're sitting on the porch all by themselves. If you go down to Mr. Hoggard, he puts at 6:30 Jessie by himself out in front of Stephanie Dollar's house. Not on the porch at the defendant's, and not with Susie Brewer down the street. Mr. McNease says that about that time that he sees the defendant at this police car which is down the street from the defendant's house. And finally, Jessie Senior says that he sees the police there when he gets home from DWI school. Well, the DWI school doesn't end to almost 8:00, and if you'll look at this radio log, you'll see that the officers checked off the scene there right before 7:00, or at 8:00. Anyway, it was at a time when they had already left by the time Mr. Misskelley, Senior got home, or even left where he was. So this is all totally inconsistent.
And then when you go to the wrestling alibi, that was a total, total mess. You have Fred Revelle, the only one, the only person, who comes to the police and says, "Look, I think you all may have made a mistake. He was with me, and here's why he was with me. We had gone wrestling, it was me and Jessie and one other person," I believe he said. And -- in his first statement to the police. "And I know it was that day because that's the day we paid the money." So the police naturally doing their job, they go out and investigate to see if he's right, you know, was the defendant somewhere else? And lo and behold what do they find out? The money was paid a week before that. And they get a receipt to prove that. Well then when Mr. Revelle comes into court and testifies, the story is completely different. And he hadn't told anybody about it, with law enforcement.
Then you have Dennis Carter come in here and say, "Yeah I went with him May the 5th, I know it was May the 5th, sure as I'm sitting here." I said that, he didn't. But that's the gist of his words. And then what did he tell the police? Shortly after -- keep in mind, this when it's still fresh in the memory -- shortly after the arrest of the defendant, what did he tell them? Said "I didn't go wrestling then. I didn't go wrestling 'till after the murders had happened. Days after." Just a mess.
And then finally, after witness after witness gives these confusing and conflicting stories about being wrestling or not wrestling, you have this Johnny Hamilton come in. And he testifies that, "Why I'm sure it was that day. Kevin Johnson was at search and rescue, Keith Johnson went., that was the only time he went." Keith johnson says, "Yeah I went wrestling one time and some specific events happened, but I don't know when it was." Keith Johnson, I think, told the truth. He didn't have any idea when it was, but yeah he'd been wrestling with them one time. How do we know that's not true? Not about Keith Johnson, but about that it was May the 5th. When they went wrestling they signed this document. Keith Mercier -- I hope I say that right -- he came in today and testified, "I only went one time. I went one time, signed the form, and it was before the murders." He's the last person that signed. He had to have signed after Keith Johnson, after Johnny Hamilton. Keith Johnson only went one time. So Keith Johnson had to have gone before the murders, for Keith Mercier to have signed after him.
Also on Mr. Hamilton, he says, "Well Im not gonna drive 600 miles for nothing." He would drive 600 miles to testify, but he won't go 3 or 4 miles from Highland Park to the police department to tell them, "Hey I think you've made a mistake." He didn't tell anybody. He didn't even tell the defense. He didn't tell anybody -- somebody goes and talks to him last Sunday and he says, "Oh yeah I remember vividly May the 5th." Where were we May the 5th? I ain't got the clue.