GUILTY MI - Chelsea Bruck, 22, Frenchtown Twp, 26 Oct 2014 #6

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Malena Caruso‏ @MalenaWTOL
Pros. says defense's witness M.E. Spritz never examined the remains of #ChelseaBruck |

Pros. says injuries to Chelsea's face/jaw happened while she was still wearing her costume that this was criminal - not postmortem.


Pros. times as jury experiences what it's like to hold breath for 20, 30, 40 secs, 2 mins...
*courtroom silent *
jury shows a long face


(My own thoughts: So seems like he could think enough to put the trees/logs on her to act like that is what killed her, but couldn't think enough to do anything else. I really believe he thought she would never be found, but seems he stopped to hide her body anyways....)
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Toi Creel‏ @ToiCreel
"Chelsea was beaten while she was wearing the costume and then it was forcibly removed" prosecution in closing statements. @NBC24WNWO

[video=twitter;864477873398272000]https://twitter.com/ToiCreel/status/864477873398272000[/video]

Pic at link. I'm not sure if it automatically shows up.
 
Malena Caruso‏ @MalenaWTOL

Pros. 3 facts can't be denied: Blunt force trauma to head, blood inside costume, torn straps & crotch | Clay testified she died while naked

Malena Caruso‏ @MalenaWTOL
Pros. ends closing arguments telling jury #DanielClay is guilty of 1st degree murder & felony murder evidence shows beyond reasonable dought (doubt)

Pros. says #ChelseaBruck's "prized Poison Ivy costume" speaks for her | shows her brutal death based on damage & blood shows on the costume

Toi Creel‏ @ToiCreel

Prosecutor mentions 3 inescapable realities: blunt force trauma to #chelseabruck 's face, the blood in her costume, & torn straps.

Prosecutor refers back to #danielclay testimony, saying because of changing statements his argument isn't credible.

Prosecutor to jury: The defendant is guilty of first degree murder both as premeditated deliberate murder & as a felony. Ends argument.

Prosecutor refers to blood stains on the inside of costume, Bruck's time spent sewing it-- says she wouldn't damage it. @NBC24WNWO
 
[video=twitter;864482422297120768]https://twitter.com/MalenaWTOL/status/864482422297120768[/video]


Pic at link. I'm not sure if it automatically shows up for everyone.
 
Malena Caruso‏ @MalenaWTOL
Defense says #DanielClay is presumed to be innocent | prosecution must meet burden of proof for each part of the charges against him

Defense | congratulates prosecution, officers & detectives for the work they've done | disagrees w/some of the charges against #DanielClay

Defense tells jury to find #danielclay guilty of concealing a body | breaks down open murder charge: murder 1 & 2, involuntary manslaughter

Defense says #danielclay did lie to police | police also lied to Clay | doesn't make him necessarily guilty | some things police never asked

Toi Creel‏ @ToiCreel
You're not going to be blinded by emotional appeal:says Defense,urging the jury to consider the facts and evidence.

"I'm going to ask you to find him guilty" -Defense on #DanielClay concealing body. Says open murder "different matter". @NBC24WNWO

Defense introduces new charge: involuntary manslaughter. Says defendant did not lie about concealing the body after confessing. @NBC24WNWO

"This death occurred between a sexual consensual act"- says Defense. #DanielClay looks on.
 
Alex Mester@AlexMesterBlade.

Replying to @AlexMesterBlade
*Show. Gallery visibly shifting in their seats.

Pros. compares Clay's changing story to war: Dig a trench and stay until overrun by enemy, retreat, dig a new trench until overrun again

Pros.: 3 "inescapable realities" -- blunt-force trauma to face, bloodied costume, torn costume.

Pros.: Defendant's claims of post-death injuries to #ChelseaBruck's face "fly out the window" when looking at bloodstains on costume.

Pros. on #ChelseaBruck's costume: “This costume, as damaged as it is, it speaks for Chelsea. It shouts for Chelsea, & the message is clear.”

Prosecutor finishes closing arguments. Defense atty starts with thanking the jury for their service.


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12sRay Kisonas@RayKisonas
The choking of the dummy appeared to take a long time in a hushed court to cover 20 seconds and then another 2 minutes required

Roehrig says there are three giant, inescapable realities in the case: blunt force trauma, blood in costume and torn costume

Chelsea would never damage her costume because she painstakingly created it months in advance

Chelsea would never damage her costume because she painstakingly created it months in advance

The evidence proves the defendant is guilty of 1st degree murder : Roehrig
 
13mAlex Mester@AlexMesterBlade

Prosecutor finishes closing arguments. Defense atty starts with thanking the jury for their service.

Atty: “I know that when you go to that jury room, you’re going to fulfill your duties.”

Atty: Says he feels "horrible" for #ChelseaBruck, her family, and to lesser extent, his client Daniel Clay. Case is a tragedy.

Atty: Congratulating prosecutor, police on job well done on #ChelseaBruck case, but notes he disagrees with parts of it.

Atty: Asking jury to find Daniel Clay guilty of count 2, concealing death of #ChelseaBruck. He confessed to it in court.

Atty: “#ChelseaBruck died at [Daniel Clay's] hand. It is a tragedy. He’s not denying that.”

Atty: Jury members may not "like" Daniel Clay. But must be given same chance as a defendant they might have liked.

Atty: Investigators in forensic interviews with Clay after arrest in July, 2016, “manipulated him every which way.”

Atty: "There's been no evidence this was anything but consensual sex." Only evidence of sex is from Clay's testimony.

Atty: No proof of any premeditation, intent to kill #ChelseaBruck, re: possible Murder 1.

Atty: Reminding jury Daniel Clay has to prove "absolutely nothing." Entire burden of proof on prosecution.

Atty: Daniel Clay did not have to testify, but did. “He looked you in the eye and told you what happened that night.”
 
19mRay Kisonas@RayKisonas

Now comes closing arguments by defense attorney Russell Smith

Smith to jurors : you're not gonna be blinded by emotion

My client is presumed innocent: Smith tells jury

Smith tells jurors to find his client guilty of concealing a corpse. "He did it."

Take a look at my client : you may not like him but what he is guilty of ...

There is no evidence that sex was forced , smith tells jury. "She was a willing sexual partner."

Smith says no evidence of 1st degree murder . " I don't want you to fall for that ruse. Don't do it. It doesn't exist ."

Smith: "those injuries were real. However he did not hit her with blunt object . He doesn't know how those injuries were sustained."
 
Malena Caruso‏ @MalenaWTOL

Defense: reiterates sex btwn #DanielClay & #ChelseaBruck was consensual sex | prosecution no evidence of force or coercion for felony murder

Defense says | #danielclay took the stand, looked jury in the eye & told the jury what happened that night | Clay didn't have to testify

Def |injuries to #ChelseaBruck are real |says pros never mentioned perimortem-occurred at time of death or shortly after |Clay never hit her

Def | their expert M.E. says autopsy can not determine when trauma to head happened | would not have ruled cause of death blunt force trauma

Def | says blood on #ChelseaBruck's costume came from when she hit her nose at the party before she met up w/#DanielClay later that night
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Toi Creel‏ @ToiCreel

Defense says Police lied to Clay, made up facts, manipulated & interrogated him. Says no evidence of 1st degree murder. No premeditation.

Defense: "What does the defendant have to prove? nothing" says burden of proof on Prosecutor, says their few witnesses not a factor.

Defense says "injuries are real" but could have ocurrred 2-3 hours after death. Says Clay still doesn't know how Bruck got them.

Defense says injuries can be explained. Mentions log tipping, says costume damage caused by victim's prior injuries (bloody nose. )

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Daniel Clay listening to closing statements #chelseabruck Photo by @TomHawley734
[video=twitter;864485257579565056]https://twitter.com/monroenews/status/864485257579565056[/video]
 
3mAlex Mester@AlexMesterBlade

Atty: Now discussing injuries to #ChelseaBruck's face. “The injuries are real. … There’s no doubt they’re horrific.”

Atty: Daniel Clay has no idea how injuries happened, testified to that in court. Experts agreed they could have happened shortly after death

Atty: While autopsy determine blunt-force trauma, couldn't specifically determine injuries were at time of death, not just after.

Atty: Asphyxiation (strangulation) also couldn't be ruled out. Decomposition of remains problematic in determining cause of death

Atty now talking about possibility #ChelseaBruck's injuries caused by multiple impacts from falling logs when Daniel Clay covered her body.

Atty: Injuries “are explainable by all kinds of theories. And that, folks, is the classic definition of what reasonable doubt is.”

Atty: Blood on costume could've come from #ChelseaBruck injuring self at party, as some witnesses said. Small face wounds can bleed a lot.

Atty: Pros. may have confused Clay w/ rapid-fire questions on cross-exam, may not have realized what question in series he was answering.


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Ray Kisonas@RayKisonas
Smith discusses how the injuries were perimortem, meaning they could have occurred at time of death or up to three hours after

Smith : " these injuries are explainable. That's what reasonable doubt is."
 
Malena Caruso‏ @MalenaWTOL

Def |cautions "young people" erotic asphyxiation plus drugs & alcohol is very dangers |things can go wrong | Clay didn't have intent to kill

Def | Clay tried to help #ChelseaBruck after she went limp during sex | her death is a tragedy | he did not have a motive or intent to kill

Def | costume was torn takin it off | wasn't forced off of #ChelseaBruck | Clay w/a 10th grade education not sophisticated enough | panicked :thinking:


Def | says despicable Clay never called anyone to report the crime | tells jury to find Clay guilty of manslaughter & concealing a body

Judge corrects Defense Attorney | Addition: "involuntary manslaughter"


Toi Creel‏ @ToiCreel

Defense says CLAY did not tailor argument,got time frame wrong. Mentions #ChelseaBruck 's hypotomia (muscle condition),intoxication.

#Inthecourtroom the Jury looks on, some writing. Many #chelseabruck supporters inside:family,friends,former witnesses, watch emotionally.

Defense says Clay has no motive, damaged costume not indication of intent. Says #DanielClay blacked out during time of costume ripping.

"That was a horrible decision"- Defense on #DanielClay hiding body. Calls him despicable Asks jury for charge of involuntary manslaughter.
 
9sAlex Mester@AlexMesterBlade

Atty: Erotic asphyxiation is dangerous sexual practice, particularly when drunk or high. Clay said he shared alcohol, drugs w/ #ChelseaBruck

Atty: Daniel Clay's intention was to have a good time, not to kill #ChelseaBruck. Her death was an accident and he tried to revive her.

Atty: “What motive could Mr. Clay possibly have to kill Chelsea Bruck?” Says there was no motive, no intent.

[motive does not have to be proved for conviction. Regarding intent: " The intent element is usually fulfilled if the defendant was generally aware that he or she was very likely committing a crime. ". Read more: Criminal Law - Intent - Defendant, Murder, Act, and Example - JRank Articleshttp://law.jrank.org/pages/5863/Criminal-Law-Intent.html#ixzz4hFmxYPAu.
Spellz]

Atty: Clay panicked, made "horrible" decision to hide #ChelseaBruck's body. But that action doesn't prove intent, or premeditation.

Atty: Asking jury to find Clay guilty of involuntary manslaughter. He was "grossly negligent" in interaction with #ChelseaBruck.

Atty: “I am asking you to peel the emotional overlay off this case” and decide on evidence. Again says there is plenty of reasonable doubt.

Atty: Not asking jury for sympathy for Daniel Clay. His actions were wrong. Intent is the issue.


Atty wrapping up closing arguments. Again stressing jury must look at evidence, not emotion.

Prosecutor back up for rebuttal.


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1mRay Kisonas@RayKisonas

Smith : "It's very, very sad what happened between these two young people."

"Clay did not have intent to kill her. His intent was to have fun."--Smith

Regarding torn costume Smith said basically it is what it is

Smith tells jury to consider manslaughter as a conviction

Smith tells jury to find his client guilty of involuntary manslaughter

My client is not blameless

Smith completes his closing. Now Roehrig has the last word before jury gets instructions from judge
 
More regarding "intent"

http://www.nolo.com/legal-encyclopedia/is-motive-required-criminal-offense.html
Intent is an element of just about every crime, meaning that the prosecution must establish that the defendant intended to commit the criminal act. (Sometimes it’s enough to prove that the defendant didn’t act intentionally, but was reckless or criminally negligent.)

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https://saylordotorg.github.io/text_criminal-law/s08-02-criminal-intent.html

SPECIFIC INTENT:
Crimes that require specific intent usually fall into one of three categories: either the defendant intends to cause a certain bad result, the defendant intends to do something more than commit the criminal act, or the defendant acts with knowledge that his or her conduct is illegal, which is called scienter.

General Intent

General intent is less sophisticated than specific intent. Thus general intent crimes are easier to prove and can also result in a less severe punishment. A basic definition of general intent is the intent to perform the criminal act or actus reus. If the defendant acts intentionally but without the additional desire to bring about a certain result, or do anything other than the criminal act itself, the defendant has acted with general intent.

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http://statelaws.findlaw.com/michigan-law/michigan-first-degree-murder-laws.html

In Michigan, first degree murder is the most severe type of homicide because it is planned and was done on purpose with some type of evil intent. In order to sustain a conviction, a Michigan prosecutor must prove that the defendant planned to commit the crime of murder. Contrary to what you may see at the movies or on television, this does not mean that the prosecutor needs to show that a murder was carefully thought out and planned (although it can be). According to Michigan law, premeditation can take place in a matter of seconds.


Felony Murder
A special category exists for murders committed in the perpetration of other crimes. If you commit murder in the perpetration or attempted perpetration any of the following you will face the same penalty as first-degree murder:

Murder v. Manslaughter
A murder is a willful killing, in which someone makes a conscious choice to kill someone else, while manslaughter is typically an accidental murder.

 
Malena Caruso‏ @MalenaWTOL

Defense has spent 50 minutes so far presenting closing arguments to the jury | this is much longer than Mr. Smith's opening statements

Defense says there's doubt in #ChelseaBruck' cause of death | asks jury to apply the laws to the facts of this case w/ "good, clean eyes"

Defense rests closing arguments | prosecution responds | tune in to @WTOL11Toledo #newsatnoon for more






Toi Creel‏ @ToiCreel


Judge interrupts the Defense to say there is no "lesser" burden of proof regarding manslaughter. Defense continues.

Defense in final words tells jury to not be "blindsighted by emotional appeal" to look at intent & the cause of death. @NBC24WNWO

Prosecutor says #danielclay guilty of 1st degree murder, "having sex with someone after they're unconscious is an assault".

Prosecutor ref. Clay's past sexual history. Says he had rough sex before & stopped. Claims Clay did not stop.


BREAKING FOR LUNCH


[video=twitter;864499533446885376]https://twitter.com/monroenews/status/864499533446885376[/video]
 
Alex Mester@AlexMesterBlade

Pros.: Defense claims #ChelseaBruck's death was accidental. Pros. - “The facts show the opposite.”

Pros.: No evidence of death by asphyxia. There is evidence of blunt force trauma with fractures to #ChelseaBruck's skull.

Pros.: “Premeditation is not like planning your next vacation.” “It’s just enough time for a second look, just enough time to think twice.”

Prosecutor is finished with rebuttal. Court breaking for lunch, then to return for instructions to jury and deliberation.


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1mRay Kisonas@RayKisonas

Roehrig reiterates to jurors : "it was a murder committed during a sexual assault . The facts shout the obvious."

Roehrig tells jurors there was no "evidence of asphyxia. None. Zero."

Roehrig tells jurors premeditation is not like planning a vacation . It only requires enough time to think twice

Roehrig completes his closing and now break for lunch
 
Since we didn't see live stream of the trial, I wonder if verdict will be shown by media.
 
You can never really predict how a jury will go. But it seems to me that the prosecution has a solid case for felony murder. The blood on the costume combined with the injuries tell me that Clay caused those injuries. So it was murder, not manslaughter. I don't know if the killing was pre-meditated. But the torn crotch strongly suggests rape.
Are we to believe that Clay and Chelsea had consensual sex? Given the savage beating, how could that have been part of consensual sex? So my conclusion is that this was indeed rape, felony murder, so guilty of first degree murder.

Anyway, we'll have to see what the jury will find. I hope they will come to the same conclusion and that Clay will get what he deserves.
 
black_squirrel said:
You can never really predict how a jury will go. But it seems to me that the prosecution has a solid case for felony murder. The blood on the costume combined with the injuries tell me that Clay caused those injuries. So it was murder, not manslaughter. I don't know if the killing was pre-meditated. But the torn crotch strongly suggests rape.
Are we to believe that Clay and Chelsea had consensual sex? Given the savage beating, how could that have been part of consensual sex? So my conclusion is that this was indeed rape, felony murder, so guilty of first degree murder.

Anyway, we'll have to see what the jury will find. I hope they will come to the same conclusion and that Clay will get what he deserves.
Click to expand...

I also don't understand how they can say it was consensual when he's the only one here to tell us that. I think I was also surprised to hear about the "first time" in the car at the party. How do we know that even really happened and he isn't just saying it to set up his story for later? He conveniently only remembers parts of the night that seem to help him. But again, we have only his side of the story, which makes me really sad and really mad.
 
I've wondered how much education Clay had and noticed today that he only went to school through 10th grade. Personally, I think DC will have a better life in prison than he's had in the real world. :moo:
 
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