GUILTY MA - Colleen Ritzer, 24, brutally murdered, Danvers, 22 Oct 2013 #2

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago Regan: The unnatural rape charge, #PhilipChism didn't commit, b/c Colleen Ritzer died in the bathroom

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Defense is claiming Ritzer was not alive if she was raped my #PhilipChism, says injuries to her neck too severe

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Regan: We know the blood was in the bathroom.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Regan says "tremendous amount of blood" found in bathroom, suggests fatal wound was in bathroom

allison manningVerified account ‏@allymanning 1m1 minute ago
Regan: if you have reasonable doubt about where Ritzer died you must find #PhilipChism not guilty of the unnatural rape count.

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Asks jury to find him not guilty of rape charge based on defense time of death scenario

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Regan: State must prove #PhilipChism was criminally responsible. Standard is beyond a reasonable doubt. This is hard case.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Regan: If you have reasonable doubt, you have duty to acquit

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
This is a really hard case, a really painful case but you must hold the Comm to its burden

allison manningVerified account ‏@allymanning 2m2 minutes ago
Defense doesn't say that #PhilipChism didn't know that what he was doing was wrong. But prosecution must prove he's criminally responsible.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Regan: you must consider - Strong family history, why this boy would do this, erratic inexplicable behavior

Ethan Hartley ‏@Ehartley_DH_BC 1m1 minute ago Salem, MA
Regan to jury: if there is any reasonable doubt about #PhilipChism being criminally responsible for this crime, you have a duty to acquit

Rupa Shenoy ‏@RupaShenoy 42s42 seconds ago Salem, MA
At this time responsibility for this case passes from me to you, Regan tells jury, ending her closing

allison manningVerified account ‏@allymanning 45s45 seconds ago
Regan is done. That's about 40 minutes for her

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Regan is done and the DA asks to be seen at sidebar. That's usually an indication DA has issue with what was said.

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 52s53 seconds ago MacD: The terrible horrible events didn't unfold in a screen image but in real time, real life. at Danvers HS.

Bob Ward Fox25Verified account ‏@Bward3 52s52 seconds ago
MacD; #PhilipChism did these horrible things to Colleen Ritzer. The only still image, is the image of her in the woods.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Crime happened in what should happened in a normal day. #PhilipChism did these horrible things to Colleen Ritzer

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
MacD: That's the image that Dr. Dudley never considered

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
MavDougall voice is loud, her tone almost shrill

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
MacD : Sole basis for Dr. Dudley opinion is #PhilipChism

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
MacD: if #PhilipChism isn't hearing voices, he isn't mentally ill

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Dr Dvir, defense witness, never met

Rupa Shenoy ‏@RupaShenoy 2m2 minutes ago Salem, MA
ADA MacDougall begins her closing with a lot of emotion in her voice. #PhilipChism is not mentally ill, she tells jury.

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
ADA says friends from Tenn saw no signs of mental illness in #PhilipChism

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: You don't get to put your head in your hands, or rub your forehead, you have to consider all the evidence

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Defense expert Dr Dudley relied on #PhilipChism solely for his opinion she says

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
MacDougall says more than 90 percent the opinion developed by defense expert #PhilipChism is based on what the teenager told him.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: If what #PhilipChism intended is what he did, then PC doesn't flee the school.

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago MacD: Video shows #PhilipChism arriving w/everything he needed to do what he needed to do. Had mult. backpacks

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
ADA playing surveillance video of #PhilipChism at Danvers High for jury again. Chism mom puts her head down, face in her hands

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Video shows #PhilipChism acting like a normal teen, carrying a back pack

Bob Ward Fox25Verified account ‏@Bward3 3m3 minutes ago
MacD: His plan after wasn't soccer. His backpack didn't contain soccer clothes.

Bob Ward Fox25Verified account ‏@Bward3 3m3 minutes ago
MacD: We are seeing Chism go down hall into bathroom. Collen is completely vulnerable, unaware.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: THose videos alone give you deliberate premeditation.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: There was no disorganized thinking, no voices. HE asphyxiated her in the bathroom. Not strangled to death.

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
ADA now talks about bathroom, #PhilipChism had a box cutter and he wanted to use it

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD #PhilipChism asphyxiated her to incapacitated her. She was helpless. He wanted to use boxcutter. He raped her

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
she was helpless, we know #PhilipChism raped her in the bathroom, only one man was in the bathroom

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: Only man was in that bathroom, carried her pants out, and sexually violated her in woods, & caught w/pants dwn.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: #PhilipChism didn't finish what he started. B/C student walked into bathroom and turned around

allison manningVerified account ‏@allymanning 2m2 minutes ago
ADA: "We know #PhilipChism didn’t get to finish what he started in the bathroom because he was interrupted."

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago MacD: He only had blood on one hand. Why isn't he blood covered?

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD He is not running around covered in blood, he hid clothes in shrubs.

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Jurors now seeing video of #PhilipChism all over Danvers High, showing him hiding clothes outside school

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
ADA notes #PhilipChism was passing people but was not covered in blood

allison manningVerified account ‏@allymanning 2m2 minutes ago
ADA is almost yelling. Speaking with disdain -- "this is where he's supposed to be running around, covered in blood."

Laurel J. SweetVerified account ‏@Laurel_Sweet 3m3 minutes ago
Peggie Ritzer appears stricken as she endures what MacDougall calls the "unimaginable" truth of how #PhilipChism killed her daughter.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: Is narrating video of #PhilipChism 's movements in the hallways of DHS.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: Yes #PhilipChism is nervous and scared, it's not irrational. He just brutalized someone

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
ADA says #PhilipChism was nervous, scared "he's in the middle of brutalizing and raping a teacher..."

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: Only #PhilipChism knew the injuries inflicted on Ritzer, that's why he got friend away from bathroom

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
MacD: Only #PhilipChism knew that Ritzer could cry out or crawl out. He hadn't inflicted the big fatal wound.

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
ADA talking about wound on Ritzer neck, they are not disorganized

Rupa Shenoy ‏@RupaShenoy 2m2 minutes ago Salem, MA
#PhilipChism tried to get his friend away from the bathroom, prosecutor says, showing he thought Ritzer might crawl out, call for help.

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
MacDougall suggests that #PhilipChism tried so hard to keep Ramci Escorcia from girl's bathroom b/c he feared Colleen Ritzer was still alive

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: #PhilipChism gets recycling barrel, only way to get her to woods to finish what he started.

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
#PhilipChism spent another 6 mins getting Ritzer in that barrel she says

Bob Ward Fox25Verified account ‏@Bward3 3m3 minutes ago
MacD: Colleen Ritzer was lying there, bleeding from her injuries for 9 minutes.

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago Jury seeing #PhilipChism wheeling recycling bin out of bathroom, he's masked

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: #PhilipChism had advantage of time and place as he moved Colleen out of bldg.

Sera Congi ‏@seracongi 3m3 minutes ago
As prosecutor goes over details, the mother of #PhilipChism is hunched over, head down

allison manningVerified account ‏@allymanning 3m3 minutes ago
#PhilipChism is watching himself on screen, watching Kate MacDougall talk about what he did that day.

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
ADA says #PhilipChism spent 25 uninterrupted mins in the woods, "to finish what he started."

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Tells jury #PhilipChism raped Ritzer with a branch, he posed her, he painted that picture. And that's when he inflicted another neck wound

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
ADA holds up box cutter she says #PhilipChism used, severed carotid .., "he nicked vertebrae at back of her neck."

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
"she's lying on her back and he's carving away at her neck."

Laurel J. SweetVerified account ‏@Laurel_Sweet 2m2 minutes ago
MacDougall reveals for first time #PhilipChism is believed to have "sawed" Ritzer's neck agape in the woods.

Christina Hager ‏@HagerWBZ 2m2 minutes ago
Prosecutor says #PhilipChism posed #ColleenRitzer's body in the woods to "paint a picture" that police would discover next day.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
MacD: When he emerges from woods, he is covered in blood.

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Jurors again seeing #PhilipChism after he leaves woods and he goes back in school

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
When he comes out of woods he's got blood all over the front of his pants. Prosecutor says it shows wounds inflicted in woods.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: Back to the video, #PhilipChism goes to his locker, gets other backpack, to closest boys room, changes.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD then goes back to woods, spends another 12 minutes there, leaving things, and taking what he wanted

Rupa Shenoy ‏@RupaShenoy 2m2 minutes ago Beverly, MA
ADA playing video of #PhilipChism movements around school, arguing each of his actions was logical and direct.

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 3m3 minutes ago MacD: #PhilipChism put his shoes on, goes to where other kids are. He's not covered in blood, looks like anyone else

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
#PhilipChism evevtually makes his way to part of school where other kids are. He's no longer covered in blood

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD #PhilipChism talks to friend outside. Does he look like he is mumbling? Staring off to space?

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
#PhilipChism sees another kid, they have perfectly normal conversation, she says

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: #PhilipChism is chewing something, having a snack before leaving DHS for final time

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD At BJ's, #PhilipChism steals the knife b/c he knows he can't use Colleen's card b/c she wasnt member

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD You steal credit cards to use them, that's not mental illness.

allison manningVerified account ‏@allymanning 1m1 minute ago
ADA: "Are his activities (in stores) consistent with psychosis, or consistent with #PhilipChismdoing and getting what #PhilipChism wants?"

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: In topsfield, he's acting like you've seen him. He is faking bad when he is encountered by police

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: This was not a well though out crime. He was 14. We agree on that.

Ethan Hartley ‏@Ehartley_DH_BC 2m2 minutes ago Salem, MA
ADA: #PhilipChism only started showing signs of psychosis when he's finally encountered by police. That was the only hint of a plan he had

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Dr Hebben gave #PhilipChism tests but he scored very high for malingering, she didn't skew her results, she lived for them

Bob Ward Fox25Verified account ‏@Bward3 3m3 minutes ago
MacD: Dr. Hebben didnt skew results showing malingering. She lived with them. Unlike Dr. Dudley who ignored it.

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
MacDougall: Defense expert Dr. Dudley did not consider that #PhilipChism was malingering

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
She says defense expert Dr Dudley did not test #PhilipChism for malingering

allison manningVerified account ‏@allymanning 3m3 minutes ago
ADA: "He'd accomplished already the one thing he really wanted to accomplish in those woods."

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: I am not going to say there is nothing wrong w/#PhilipChism. But overwhelming evidence he was not suffering mental illness

Ethan Hartley ‏@Ehartley_DH_BC 2m2 minutes ago Salem, MA
ADA: Nobody wants to believe that a 14 y/o could do such a thing, but "doing something awful does not make you crazy"

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: He had a terrible terrible purpose, he played it out in the woods, didn't care what happened after

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD He drew that picture in his head and he drew it w/Colleen in the woods.

 

[jacct]

Rupa Shenoy ‏@RupaShenoy 2m2 minutes ago Beverly, MA ADA shows pic of Ritzer smiling. The only person powerless is Colleen Ritzer, prosector says.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: She was alone w/person who raped her and who murdered her w/delib premeditation and extreme atrocity and cruelty.

allison manningVerified account ‏@allymanning 2m2 minutes ago
ADA showing picture of Ritzer smiling with school bag. This was Colleen Ritzer. This is Colleen Ritzer, she says.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
MacD: Find the def guilty for the intentional purposeful robbery rape and murder of ColleenRitzer

allison manningVerified account ‏@allymanning 2m2 minutes ago
ADA: "The only person powerless in the bathroom, in those woods is Colleen Ritzer."

Laurel J. SweetVerified account ‏@Laurel_Sweet 6m6 minutes ago
"#PhilipChism knew right from wrong. He just didn't do it when it mattered."

Laurel J. SweetVerified account ‏@Laurel_Sweet 5m5 minutes ago
MacDougall's closing ends with a beautiful photo of Ritzer taken when she received the school book bag that #PhilipChism left near her body.

allison manningVerified account ‏@allymanning 3m3 minutes ago
ADA is done. Only took about 40 minutes. She was very emotional. No notes.

Rupa Shenoy ‏@RupaShenoy 3m3 minutes ago Beverly, MA
ADA rests. Judge tells jury they'll recess before final instructions.

Bob Ward Fox25Verified account ‏@Bward3 3m3 minutes ago
Ritzer's Mom and Dad are looking down at the ground from their seat in courtroom. That must have been tough to hear

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
The lawyers are now at sidebar

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
As sidebar continues, jurors are looking at the bench, not at #PhilipChism. Some w/pained expressions.

 

[jacct]

allison manningVerified account ‏@allymanning 6m6 minutes ago Jurors look spent.

Bob Ward Fox25Verified account ‏@Bward3 6m6 minutes ago
#PhilipChism is just sitting there, staring straight ahead. Looks pretty much as he has thru the whole trial.

Jill Harmacinski ‏@EagleTribJill 5m5 minutes ago
Silence in courtroom now with slight mumble from sidebar conference with Judge Lowy

Laurel J. SweetVerified account ‏@Laurel_Sweet 4m4 minutes ago
As they wait out a sidebar, some jurors hang their heads. One woman rests her chin on clasped hands

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: Telling jurors we are taking a break. His instructions will take about an hour or more.

Bob Ward Fox25Verified account ‏@Bward3 3m3 minutes ago
THis will be 20 min break, until 11:05 EST

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 47s47 seconds ago
Judge Lowy, jury is back

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
We are back in session for #PhilipChism trial. Judge Lowy will instruct the jury now.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Lowy will now instruct jury b4 they start deliberating. Courtroom gallery has thinned out since Closings early

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: First matter: your seriousness has been extraordinary. We couldn't ask for more from our jurors

Bob Ward Fox25Verified account ‏@Bward3 50s51 seconds ago
Lowy: You may not consider sentencing, that's my role.

 

[jacct]

Trial Day 14 - Closings

https://www.youtube.com/watch?v=RQNdbmLqVHc&feature=youtu.be&a

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 51s52 seconds ago
Lowy: You have most important role in this trial. You alone determine what evidence to accept and conclusions.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Lowy; Can't decide case based on emotion or sympathy

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy Closing arguments are not evidence in case. That was opp for attorneys to sum up. Opens were not evidence either

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: Your collective memory of the evidence that controls the trial

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Notes are not your memory, they only aid in memory Lowy says

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: You have 140 exhibits. They will be w/you in jury room

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Keep an open mind, consider all the evidence, listen to fellow jurors, #PhilipChism has denied he's guilty of charges, Lowy notes

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: Indictments against #PhilipChism are accusations. He has presumption of innocence. Until state proves beyond reasonable doubt.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Verdict must be unanimous

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Proof beyond reasonable doubt is not proof beyond all doubt, judge says. They must find to a "moral certainty".

Julie Manganis ‏@SNJulieManganis 52s53 seconds ago
If the jury has a reasonable doubt then #PhilipChism is entitled to the benefit of that doubt.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Lowy is now instructing jury on difference between direct evidence and circumstantial evidence

 

[AnaTeresa]

And we are finally, finally at jury instructions. I'm glad we've made it here, although the waiting for a verdict seems endless.

Closings went how I expected of defense arguments and prosecution rebuttals. Like opening arguments, what's said in closing isn't evidence but merely persuasion. Both sides lay out their best case to try and persuade jurors to look at the evidence their way. It all comes down to which mental health experts they believe more. The other big issue is when jurors believe the rape occurred.

I'm not surprised the robbery was thrown out; I think the defense made a good argument on that issue and the facts supporting a robbery charge were slim. :twocents:

 

[Elainera]

I think both closing arguments were laid out persuasively, both did a good job.

During the trial I was wondering, how people in general behaved towards PC's mother? Was she shunned or ignored, or was she also given sympathy and compassion? Clearly she suffered a lot and it was hard for her to sit there listening to what her son had done. Of course, not comparable to what Colleen's parents must have gone through (bless their hearts). Nevertheless, I feel very sad for her too.

 

[Elainera]

Are the instructions over?

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 44s45 seconds ago You can believe everything a witness says, nothing a witness says or something in between, Lowy says

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Lowy explaining what expert witnesses are; Both prosecution and defense used in this case

Julie Manganis ‏@SNJulieManganis 46s46 seconds ago
Judge is now giving an instruction on expert witness testimony. Cautions jurors to treat experts just like any other witness.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
If your include expert opinion is not based on the facts you can reject their opinion

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
Judge David Lowy: "Expert witnesses do not decide cases. Juries do."

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: #PhilipChism did not testify. That is his right. Has nothing to do w/ question of guilty or not guilty.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
The jury can't use his decision not to testify against him.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Judge also cautions jury on not using emotion or sympathy in their decision making. No anger, passion, prejudice or pity

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Lowy reminds when he strikes things from the record during #PhilipChism trial - jury cannot consider it

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Judge telling jurors how they can consider #PhilipChism statement to Topsfield police.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Only #PhilipChism statement in Topsfield was presented to jury. Not his admission to State and Danvers PD.

 

[jacct]

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago Court officers now handing out instructions to jurors

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Jurors must consider if #PhilipChism is criminally responsible for the and his conduct. Or does he have mental defect or disease

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Lowy: Prosecution must prove beyond a reasonable doubt that #PhilipChism committed the crimes & that he was criminally responsible for them

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: Mental disease or defect does not have to fit into a diagnosis. Its for you to decide

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
It is for jury to determine in light of all the evidence whether #PhilipChism is suffering from a mental disease or defect.

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Lowy says prosecutors must prove #PhilipChism knew his conduct was wrong

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Then they must determine whether he appreciated criminality of conduct or able to confirm his conduct to the law.

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
Lowy: If jurors find #PhilipChism mentally ill, they must consider if he could not conform his conduct to the requirement of the law

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Lowy is going through the written instructions with jurors line by line

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Judge is including explanation of what happens if #PhilipChism is found not guilty by reason of insanity.

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Lowy: If #PhilipChism is found not guilty by reason on insanity, he would be examined at mental health facility and could be committed

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
He would go to Bridgewater for initial evaluation, after first six months he'd get a yearly review

Bob Ward Fox25Verified account ‏@Bward3 41s42 seconds ago
If #PhilipChism is found cured he would be released after a hearing. Or, he could be held for rest of his life if found not cured.

 

[turaj]

And we are finally, finally at jury instructions. I'm glad we've made it here, although the waiting for a verdict seems endless.

Closings went how I expected of defense arguments and prosecution rebuttals. Like opening arguments, what's said in closing isn't evidence but merely persuasion. Both sides lay out their best case to try and persuade jurors to look at the evidence their way. It all comes down to which mental health experts they believe more. The other big issue is when jurors believe the rape occurred.

I'm not surprised the robbery way thrown out; I think the defense made a good argument on that issue and the facts supporting a robbery charge were slim. :twocents:

Have been following this case as best as one can...often delay...no stream etc. Hope they convict him of the max..seldom have I seen a defendant less sympathetic. Also maybe it is because I recently had jury duty...got on a case and had such an engaged judge that judge Lowry seems SO BORED that he is just going through the motions...I don't like those vibes that will be picked up by the jury.. I realize this is just another murder case but his boredom is so obvious...probably just his style and I'm sure he is fair and capable.

 

[jacct]

Laurel J. SweetVerified account ‏@Laurel_Sweet 2m2 minutes ago Lowy tells them #PhilipChism could conceivably be committed in a mental-health facility for life, but that is the court's decision alone.

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
Lowy turns to the indictment charging #PhilipChism with armed robbery of Colleen Ritzer's underwear

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
The judge outlines elements for the jury.

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
#PhilipChism is charged as a youthful offender with armed robbery, meaning if convicted he is subject to adult penalties for crime

Julie Manganis ‏@SNJulieManganis 46s47 seconds ago
The armed robbery count now just pertains to victim's underwear - which prosecution says #PhilipChism took as a "trophy"

Julie Manganis ‏@SNJulieManganis 51s52 seconds ago
Jury could find #PhilipChism guilty of larceny instead.

Jill Harmacinski ‏@EagleTribJill 43s44 seconds ago
Lowy now go over 2 rape counts; one from Danvers High bathroom and one from woods

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
The rape charges must be considered separately

 

[jacct]

Julie Manganis ‏@SNJulieManganis 1m1 minute ago The aggravated rape must involve either commission of another crime ( in this case robbery or murder) or injury.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
The aggravated rape must involve either commission of another crime ( in this case robbery or murder) or injury.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: On the tree branch rape, state must prove beyond reasonable doubt it was against will. #fox25 #PhilipChism Def argues she was dead.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: Jury must find she was still alive for tree branch rape or if this rape was part of one continuous event.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
Because he's a teenager or youthful offender, the judge is explaining the additional questions the jury must answer

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Lowy now turns to the elements of first-degree murder

Laura Crimaldi ‏@lauracrimaldi 1m1 minute ago
Prosecution alleges #PhilipChism murder under 2 theories: deliberate premediation and extreme atrocity or cruelty

allison manningVerified account ‏@allymanning 1m1 minute ago
First-degree murder verdict must be unanimous. Must find deliberate premeditation, and extreme atrocity or cruelty.

Jill Harmacinski ‏@EagleTribJill 3m3 minutes ago
If #PhilipChism tried to kill after a period of reflection Lowy explains

Bob Ward Fox25Verified account ‏@Bward3 3m3 minutes ago
Lowy: Premeditation can take place in seconds

Jill Harmacinski ‏@EagleTribJill 1m1 minute ago
Notes they can consider evidence #PhilipChism may have suffered from mental impairment

Julie Manganis ‏@SNJulieManganis 49s49 seconds ago
The judge explains that even if #PhilipChism suffered a mental impairment, they could still find that he formed intent.

 

[jacct]

Julie Manganis ‏@SNJulieManganis 7m7 minutes ago Judge outlines the elements of murder of extreme atrocity or cruelty.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Lowy: If jury does not find #PhilipChism guilty of First Degree Murder, it can convict on Second Degree Murder

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
They've gone through the written instructions.

Jill Harmacinski ‏@EagleTribJill 55s55 seconds ago
Lowy just announced jury foreperson

Interesting that the judge picks the foreperson, gave his name in open court.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Now the judge is giving the final segment of instructions. He is picking juror in seat 7 as foreperson

Bob Ward Fox25Verified account ‏@Bward3 57s57 seconds ago
Alternate jurors are now finding out who they are

Laura Crimaldi ‏@lauracrimaldi 2m2 minutes ago
There will be 5 alternative jurors in case of #PhilipChism

Jill Harmacinski ‏@EagleTribJill 2m2 minutes ago
Imperative alternate jurors not speak to anyone else about the case

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
He tells them alternate jurors get put into jury more often than you think.

allison manningVerified account ‏@allymanning 1m1 minute ago
5 alt jurors are two men, three women

allison manningVerified account ‏@allymanning 40s40 seconds ago
We're left with 8 men, 4 women. Include 2 African-American men (inc. foreman). Two younger women (inc. purple haired girl).

Jill Harmacinski ‏@EagleTribJill 50s51 seconds ago
Lowy says he has no comment to make about pace of deliberations

Bob Ward Fox25Verified account ‏@Bward3 59s60 seconds ago
Lowy: If no verdict today, you will be back at 9AM. You can't talk about the case when not here

Bob Ward Fox25Verified account ‏@Bward3 54s54 seconds ago
Sidbar now, #PhilipChism jury still seated