NM v. Isaac Apodaca — Bloody Sword Murder Trial — Full Closings

[00:00:00] Speaker 1: BEFORE SHE BEGINS, JUST TO KIND OF GIVE YOU A HEADS UP ON THE SCHEDULE, MS. MURPHY IS GOING TO MAKE HER CLOSING STATEMENT TO YOU, THEN WE'RE GOING TO TAKE A RECESS WHILE THE DEFENSE PREPARES AND THEN WE'LL BRING YOU BACK IN AND WE'LL HEAR THE DEFENSE'S CLOSING STATEMENT AND THEN THE STATE'S REPLY. COUNSEL, YOU MAY PROCEED. [00:00:21] Speaker 2: THANK YOU, YOUR HONOR. MAY I HAVE MY POWERPOINT PUBLISHED ONTO THE SCREEN? [00:00:27] Speaker 1: ARE THE MONITORS UP IN THE JURY BOX? OKAY. GO AHEAD, COUNSEL. [00:00:43] Speaker 2: GOOD MORNING. LET ME BEGIN BY THANKING YOU AGAIN. THIS HAS BEEN A LONG SEVERAL DAYS, YOU'VE SEEN A LOT OF EVIDENCE. THERE'S 91 EXHIBITS, SOME OF THEM WITH MANY, MANY PHOTOS ON THOSE DISKS. YOU'VE REVIEWED HUNDREDS OF PAGES OF RECORDS AND YOU'VE BEEN VERY ATTENTIVE THROUGHOUT AND WE THANK YOU FOR YOUR TIME AND ATTENTION IN THIS CASE. LET'S TALK ABOUT WHAT THIS CASE IS ABOUT AND WHAT THE STATE HAS DONE TO PROVE ITS BURDEN BEYOND A REASONABLE DOUBT. THIS CASE IS ABOUT CAUSED, HELPED, ENCOURAGED. KIARA MACAULLY KILLED GRACE JENNINGS AROUND 1:30 IN THE AFTERNOON ON OCTOBER 29, 2022. AFTER ISAAC HANDED HER THE SWORD, IT WAS KIARA THAT SLASHED AND STABBED GRACE ON THE BED IN THAT GARAGE UNTIL GRACE WAS DEAD. KIARA IS THE PRINCIPAL IN THIS CASE, THE PRINCIPAL ACTOR. BUT HER ACCOMPLICE, THE PARTNER THAT SHE WAS DEPENDENT ON, WAS THE LONGSTANDING ARCHITECT OF THIS MURDER. WE KNOW KIARA KILLED GRACE JENNINGS. ONE, BECAUSE SHE TOLD US. WE KNOW THAT IT WAS KIARA'S DNA THAT COULD BE RECOVERED ON THE SWORD HANDLE AND THAT THE MINOR PROFILE, THE DNA THAT WASN'T KIARA'S, WAS ALSO PRESENT BUT IT WAS TOO INSUFFICIENT FOR FURTHER TESTING OR CONCLUSIONS. WE KNOW THAT KIARA'S LATENT PRINTS OR FINGERPRINTS WERE THE ONLY ONES THAT COULD BE MATCHED AND OTHERS WERE NOT SUFFICIENT FOR COMPARISON. AND WE HAVE BEEN VERY CLEAR ABOUT THIS POSITION THROUGHOUT THE TRIAL. KIARA KILLED GRACE JENNINGS. BUT IT IS NOT REQUIRED IN THIS CASE THAT ISAAC APEDACA INFLICTED ANY INJURIES ON GRACE FOR HIM TO BE GUILTY OF FIRST-DEGREE MURDER UNDER AN AIDED AND ABETTED THEORY. ISAAC APEDACA IS NOT ACCUSED OF BEING THE ONE THAT WEALDED THE SWORD. BUT AS I SAID, HE AIDED AND ABETTED OR WAS THE ACCOMPLICE OR THE HELPER IN THIS CRIME AND HE THEREFORE CAN BE HELD TO BE GUILTY OF FIRST-DEGREE MURDER. YOU WILL HAVE TWO CHARGES IN FRONT OF YOU WITH A STEP DOWN AS TO COUNT ONE. YOU HEARD THE JUDGE TALK ABOUT A SECOND-DEGREE MURDER OPTION. THIS MORNING IN THIS FIRST PORTION OF MY DISCUSSION WITH YOU, I'M GOING TO FOCUS ON THE FIRST-DEGREE MURDER. AS FROM THE STATE'S PERSPECTIVE, THAT IS THE APPROPRIATE CHARGE FOR YOU TO RETURN A GUILTY VERDICT ON. THE STATE IS ASKING YOU TO CONVICT ON THAT FIRST-DEGREE MURDER BECAUSE THE DELIBERATE INTENTION, OR THE WILLFUL AND DELIBERATE PLANNING PRE-MEDITATION THAT IS EVIDENT THROUGHOUT THIS CASE SHOWS THAT THERE WAS PLANNING, CONVERSATIONS, FORTHOUGHT, ALL PUT INTO THE MURDER OF GRACE JENNINGS. SO LET'S START WITH A QUICK TIMELINE OF KIND OF WHERE PEOPLE ARE AND HOW THEIR BODIES ARE MOVING THROUGH THIS CASE. AT 11:52, WE HAVE A MESSAGE FROM KIARA TO ISAAC SAYING, DID YOU ALL JUST GET TO THE GARAGE? FROM KIARA TO ISAAC, REFERENCING ISAAC AND GRACE. WE KNOW THAT MR. APODAKA STATED TO SERGEANT V. HILL THAT HE THOUGHT THAT GRACE ARRIVED AROUND, I THINK HE SAID 11:42 OR MAYBE IT WAS 11:47 IN THE EVENING. AT 12:04, WE HAVE THE RESPONSE OF I'M HERE. AND THAT WAS, I'M SORRY, THAT WAS KIARA AFTER SHE'D LEFT THE PARK, WHERE SHE WAS INITIALLY WAITING TO INITIALLY COMMIT THIS MURDER OR MAYBE TAKE GRACE INTO THE TUNNELS TO DO IT. AND AFTER THE DEFENDANT CHANGED HIS PLAN, AS KIARA SPOKE ABOUT, SHE THEN RETURNED BACK TO THE HOUSE. AND YOU'LL SEE THE MESSAGES IN BETWEEN WHEN YOU REVIEW THE EVIDENCE, IF YOU'D LIKE, ABOUT THE BACK AND FORTH ABOUT JUST COME BACK HERE. BUT IN TERMS OF WHERE KIARA WAS AT 12:04 AM, SHE HAD MOVED BACK TO THE LOCATION AT 5941 JAGUIRE FROM THE PARK. AT 2:00 AM, THERE'S A MESSAGE TELLING ISAAC TO GO IN THE HOUSE FOR A BIT, THAT GRACE AND KIARA TALK FOR A WHILE. WE KNOW THAT KIARA WAS REALLY WORKING THROUGH SOME MIXED FEELINGS ON GRACE, AND IN SOME WAYS FELT BAD FOR HER, AND IN SOME WAYS WAS VERY MUCH PULLED INTO THIS HOMICIDAL DELUSION THAT GRACE HAD SOMEHOW FACILITATED A GANG RAPE OF HER YEARS PRIOR. AT ABOUT 3:00 AM, ISAAC ASKS TO COME BACK IN, SO WE KNOW THAT HE RETURNS BACK INTO THE GARAGE, AND THEN FOR THE NEXT SEVERAL HOURS, AS WE KNOW, THEY MESSAGE BACK AND FORTH AND BACK AND FORTH ABOUT HOW THEY ARE GOING TO KILL GRACE. THE FINAL MESSAGE THAT WE KNOW IS RIGHT BEFORE THE RETURN IS FROM ISAAC APEDACA TO KIARA ON FACEBOOK, AND THAT'S THE ONE WHERE HE TALKS ABOUT SHE ADMITTED IT, AND WE KNOW THAT IT IS THE GANG RAPE. THIS IS KIND OF THE FINAL PSYCHOLOGICAL BLOW THAT HELPS KIARA BECOME ENRAGED ENOUGH TO FINALLY PUSH FORWARD AND KILL GRACE JENNINGS. AT 1:34 PM ON ISAAC APEDACA'S PHONE THAT WE SEE IN THE CELEBRATE EXTRACTION FROM HIS ACTUAL PHYSICAL DEVICE, THE ONE THAT WAS TAKEN OFF OF HIM AT AP WIRELESS, THE ONE THAT SERGEANT VEHILL REVIEWED WITH HIM, THERE'S A SEARCH OF HOW TO DISPOSE OF A BODY. AT 1:42 IN THE AFTERNOON, SHORTLY AFTER THAT, THAT'S WHEN ISAAC FIRST CALLS HIS MOM FOR HELP. HE CALLED HER EARLIER ABOUT, YOU KNOW, ASKING FOR A RIDE AS PART OF OPERATION FAKE KICKOUT, BUT AT THIS POINT HE CALLS HIS MOM FOR HELP. NOW IT'S BEEN A BIT OF A MISNOMER IN THIS CASE THAT ISAAC CALLED 911, AND LET'S BE VERY CLEAR, ISAAC APEDACA NEVER CALLED 911. HE CALLED HIS MOMMY, AND THEN HIS MOM CALLED 911, AND THEN DISPATCH CALLED ISAAC AND HE DIDN'T ANSWER. AND THEN EVENTUALLY, AFTER SEVERAL MINUTES, HE CALLED THEM BACK. BUT ISAAC DID NOT GO AND RUN AND ASK FOR HELP FROM PARAMEDICS OR FIRST RESPONDERS OR LAW ENFORCEMENT. HIS MOM DID. HIS MOM IS THE ONE THAT KICKED OFF THE LAW ENFORCEMENT RESPONSE. NOW YOU'RE GOING TO HAVE A SERIES OF JURY INSTRUCTIONS, YOU JUST HEARD THE COURT READ THEM TO YOU, AND THEY'RE ABOUT AS MUCH FUN TO READ AS DISHWASHER ASSEMBLY INSTRUCTIONS, AND ABOUT AS IMPORTANT TO THIS CASE AS THE NUCLEAR CODES. SO, YOU KNOW, HAVE FUN DIGGING INTO THOSE, BUT THOSE ARE YOUR ROADMAP. THOSE ARE THE RULES HANDED DOWN TO YOU FROM THE COURT ON WHAT YOU HAVE TO FIND IN THIS CASE, AND THE RULES THAT YOU HAVE TO FOLLOW. AFTER COUNT ONE IN THE INSTRUCTIONS, WE CALL THOSE THE ELEMENT INSTRUCTIONS, AND WE'LL LOOK AT THEM IN A MINUTE, YOU'LL SEE THE DEFINITION OF AIDED AND ABETTED. AND AGAIN, I THINK YOU'RE PICKING UP ON THIS AND HAVE THROUGHOUT THIS CASE, THAT IS WHAT THE DEFENDANT IS BEING CHARGED WITH. AND THAT INSTRUCTION STATES THAT THE DEFENDANT MAY BE FOUND GUILTY OF A CRIME, EVEN THOUGH HE DID NOT DO THE ACTS CONSTITUTING THE CRIME, IF THE STATE PROVES TO YOUR SATISFACTION BEYOND A REASONABLE DOUBT, A DOUBT BASED UPON REASON AND COMMON SENSE, THAT EACH OF THE FOLLOWING ELEMENTS, LET'S LOOK AT THE MURDER INSTRUCTION, OR I'M SORRY, THE AIDED AND ABETTED. ONE, THE DEFENDANT INTENDED THAT ANOTHER PERSON COMMIT THE CRIME. WELL, THAT IS PLAINLY EVIDENT IN THIS CASE. DO IT, JUST SWING AND DON'T REGRET THE AIM. HOURS AND HOURS OF TEXTING AND MESSAGING, HANDING HER THE SWORD, BRINGING GRACE OVER. OF COURSE THIS WAS INTENTIONAL AND THAT WAS HIS GOAL ALL ALONG. TWO, ANOTHER PERSON COMMITTED THE CRIME. WELL, YEP, THAT HAPPENED. KIARA MACAULLY KILLED GRACE JENNINGS. AND THREE, THE DEFENDANT HELPED, ENCOURAGED, OR CAUSED THE CRIME TO BE COMMITTED. CAUSED, HELPED, ENCOURAGED. HELPED, ENCOURAGED, CAUS. SO WHAT CRIME ARE WE TALKING ABOUT? WHAT UNDERLYING OFFENSE DO WE HAVE TO PROVE HAPPENED? WELL, WE HAVE TO PROVE THAT THERE WAS A MURDER. THAT IT WAS A FIRST DEGREE MURDER. MURDER IN THE FIRST DEGREE. THIS IS CALLED THE ELEMENTS INSTRUCTION. YOU'LL SEE THE ONE, TWO, AND THREE. THE DEFENDANT KILLED GRACE JENNINGS. NOW, BECAUSE OF THE AIDED AND ABETTED INSTRUCTION, THIS REFERS TO THE PERSON WHO COMMITTED THE ACTUAL CRIME, KIARA. BUT THEN THE DEFENDANT, MR. ABODAKA, KIND OF STANDS IN THE SHOES OF KIARA UNDER THE AID AND ABETTED THEORY. KIARA KILLED GRACE JENNINGS. YEP. THE KILLING WAS WITH THE DELIBERATE INTENTION TO TAKE AWAY THE LIFE OF GRACE JENNINGS OR ANY OTHER HUMAN BEING. WE ABSOLUTELY KNOW THAT THIS WAS DELIBERATE. THIS WAS INTENTIONAL. THIS WAS A LONG, PROLONGED PLANNED EVENT. AND THIS HAPPENED IN NEW MEXICO ON OR ABOUT OCTOBER 29, 2022. I THINK THIS IS PROBABLY THE MOST UNDISPUTED ELEMENT BETWEEN MYSELF IN DEFENSE, WE KNOW IT HAPPENED AT 5941 JAGUIRE DRIVE ON OCTOBER 9, 2022. WE KNOW THAT BECAUSE OF THE POLICE RESPONSE, BECAUSE OF THE AUTOPSY, BECAUSE OF THE MESSAGES, BECAUSE OF ALL OF THE EVIDENCE IN THIS CASE. THIS HAPPENED HERE IN THE STATE OF NEW MEXICO ON THAT DATE. NOW, THIS DELIBERATE INTENTION. NOW, THIS IS WHAT SETS FIRST-DEGREE MURDER APART FROM SECOND-DEGREE MURDER. AND THIS IS WHAT'S SO IMPORTANT THAT YOU UNDERSTAND THAT A FIRST-DEGREE MURDER WAS COMMITTED IN THIS CASE. SO, A DELIBERATE INTENTION REFERS TO THE STATE OF THE MIND OF THE DEFENDANT, KIARA, IN THIS CASE, BECAUSE SHE'S THE ACTUAL MURDERER. THE DELIBERATE INTENTION MAY BE INFERRED FROM ALL OF THE FACTS AND CIRCUMSTANCES AROUND THE KILLING. AND THE WORD DELIBERATE MEANS ARRIVED AT OR DETERMINED UPON AS A RESULT OF CAREFUL THOUGHT, SUCH AS WEIGHING OUT THE PROS AND CONS, MAYBE THINKING ABOUT WHICH WEAPONS TO USE, WEIGHING THE CONSIDERATION FOR AND AGAINST THE PROPOSED COURSE OF ACTION. THINGS LIKE, HOW ARE WE GOING TO CLEAN UP THE MESS? ONCE THIS HAPPENS, IT CANNOT BE UNDONE. THESE ARE ALL QUOTES FROM THE MESSAGES AND THE EXCHANGES BETWEEN MR. APODAKA AND KIARA MCAULI. AND ALL OF THIS INFORMATION REFLECTS THAT DELIBERATE INTENTION. THIS WAS NOT A RASH, IMPULSIVE DECISION. THIS WAS A CALCULATED JUDGMENT AND A DECISION THAT CAN BE ARRIVED AT IN A SHORT PERIOD OF TIME, BUT IN THIS CASE, WASN'T. WHY DO WE KNOW THAT? WE KNOW THAT KIARA HAD HOMICIDAL FANTASIES FUELLED BY THE DEFENDANT, NOT FOR DAYS, NOT FOR WEEKS, NOT FOR MONTHS, BUT FOR YEARS. SHE HAD STARTED BELIEVING THIS GANG RAPE NOTION AND STARTED HARBORING HATE IN HER HEART FOR GRACE FOR A VERY PROLONGED PERIOD. AND ONE OF THE WAYS WE KNOW THAT IS KIANA AGUILAR. KIANA AGUILAR STATED THAT SHE WAS HANGING OUT WITH KIARA SIX MONTHS TO A YEAR PRIOR TO THE ACTUAL MURDER, AND THAT KIARA TALKED ABOUT A PLAN FOR HER AND ISAAC TO LUR GRACE OVER AND TO KILL HER USING A SHARP-BLADED INSTRUMENT. SO THIS WAS NOT SOME UNCONSIDERED RASH IMPULSE, THIS WAS AN INTENT TO KILL. AND IT HAD BEEN BUILDING AND IN THE WORKS FOR A VERY, VERY LONG TIME. IT JUST SO HAPPENED THAT THE NIGHT THAT GRACE NEEDED SOMEWHERE TO STAY AND REACHED OUT TO SOMEONE THAT SHE THOUGHT WAS A FRIEND OR WOULD BE HELPFUL IS THE FINAL THING THAT MADE IT ALL POSSIBLE. AND AS I SAID, THERE HAS TO BE THIS WEIGHING OR THIS CONSIDERATION OF THE KILLING AND THE REASONS FOR AND AGAINST SUCH A CHOICE. KIARA ACKNOWLEDGED, I THOUGHT I HAD REASONS. I FELT I HAD REASONS TO KILL GRACE. AND THOSE REASONS HAVE BEEN CONTINUALLY SUPPLIED AND PUSHED AND NUDGED BY ISAAC APEDACA. COUNT TWO IS CONSPIRACY TO COMMIT FIRST DEGREE MURDER. THE DEFINITENT AND ANOTHER, IN THIS CASE KIARA, BY WORDS OR ACTS, AGREED TOGETHER TO COMMIT MURDER IN THE FIRST DEGREE. AND THE DEFINITENT AND THE OTHER PERSON INTENDED TO COMMIT MURDER IN THE FIRST DEGREE, AND AGAIN, THIS HAPPENED IN NEW MEXICO. NOW, THIS PART OF THE CRIME OR THIS CRIME IS COMPLETE VERY, VERY EARLY ON IN THE EVENING. AS THEY HAVE FORMULATED THE PLAN, AS THEY ARE CONTINUING TO WORK OUT THE DETAILS, AS THEY HAVE BROUGHT GRACE OR HAD GRACE PROCURED, THAT CONSPIRACY, THAT CRIME IS COMPLETE VERY EARLY ON. AND THAT'S WHY IT STANDS ALONE FROM THE AID AND ABETTED OF THE ACTUAL MURDER. THE MURDER ITSELF IS NOT COMPLETE UNTIL GRACE IS DEAD. THAT'S PRETTY COMMON SENSE. SO THE CONSPIRACY COUNT TWO IS ACTUALLY FIRST IN TIME, AND THEN THE MURDER, WHICH IS A LONG AIDED AND ABETTED PROCESS, CAUSED, HELPED, OR ENCOURAGED, YOU'RE GOING TO HEAR ME SAY THAT A PAINFUL NUMBER OF TIMES THIS MORNING, IS FROM THE BEGINNING THROUGHOUT UNTIL GRACE IS NO LONGER WITH US. HOW DO WE KNOW GRACE DIED AND HOW DO WE KNOW THAT GRACE WAS MURDERED? WE DO HAVE TO PROVE THAT A MURDER OCCURRED. WELL, WE TALKED TO OMI, OUR OFFICE OF THE MEDICAL INVESTIGATOR, DR. EMILY HELM RICH. SHE PERFORMS THE AUTOPSY. AND SHE LOCATED SIGNIFICANT AND DEVASTATING INJURIES ALL OVER GRACE'S BODY. THERE WAS OVER A DOZEN STAB WOUNDS AND INCIZED WOUNDS, INCIZED BEING THE SLICE, STABS BEING KIND OF A POKE OR A PENETRATING WOUND. THERE WERE SOME THAT WENT IN GRACE'S BACK, EXITED OUT HER FRONT. THESE WOUNDS, ONCE INFLICTED, WHICH WOULD TAKE TIME TO INFLICT, GIVEN THE NUMBER AND THE DIRECTION AND THE RANGE OF THESE DIFFERENT TYPES OF WOUNDS, ONCE THE FATAL WOUNDS WERE INFLICTED, IT WOULD HAVE TAKEN MINUTES TO KILL GRACE. AND WE'RE NOT ABLE TO SAY, IS MINUTES MORE THAN ONE MINUTE? IS IT MORE THAN FIVE OR IS IT MORE THAN TEN? WE DON'T KNOW, AND SCIENCE AND MEDICINE HAVE LIMITS. BUT WE KNOW THAT IT WOULD HAVE BEEN MINUTES. WE KNOW THAT HER LUNGS AND LIVER AND OTHER ORGANS WERE SEVERELY DAMAGED AND THAT SHE DIED AS A RESULT OF SHARP FORCE INJURIES. THE CAUSE AND MANNER OF DEATH WAS THE SHARP FORCE INJURIES AND HOMICIDE. NOW, ALSO OF NOTE ARE THAT SOME OF THE INJURIES, MANY OF THEM, THE ONES THE HEAD AND NECK, THE CAROTID INJURIE, THE SLICING INJURIES KIND OF ABOVE THE EARS, A LOT OF THOSE WERE POSTMORTEM. SO WE HEARD THROUGHOUT THE CASE, I DON'T WANT TO GO THROUGH EVERY WITNESS. I KNOW YOU'VE TAKEN NOTES, YOU'VE PAID ATTENTION, BUT THROUGHOUT THE CASE, WE HAVE HEARD ABOUT OUR CASE AGENT, SERGEANT Javier Vigil. SERGEANT VIGIL WAS ON HIS WAY HOME OR ABOUT TO HEAD HOME AFTER A SWAT CALL ON OCTOBER 29TH, AND HE WAS THEIR LUCKY OR UNLUCKY INDIVIDUAL TO GET TAPPED TO TAKE ON THIS CASE FOR THE VIOLENT CRIMES UNIT. HE RESPONDED TO THE SCENE, DID A QUICK ASSESSMENT. THE SCENE WAS SEALED, AND THEN HE BEGAN HIS INTERVIEWS. HE INTERVIEWED, AS WE KNOW, ISAAC APEDACA, KIARA MACAULLY, AND IN THE DAYS, WEEKS, MONTHS, AND YEARS THAT HAVE FOLLOWED, HE HAS PROGRESSIVELY BUILT A CASE THAT YOU ALL HAVE SEEN. HE EXECUTED OVER 15 SEARCH WARRANTS, SOME FOR THE DEVICES THAT HE ALREADY HAD CONSENT TO SEARCH, BUT HE DECIDED TO TAKE A BELT AND SUSPENDERS APPROACH TO MAKE SURE THAT THAT INFORMATION COULD GET TO ALL OF US. HE EXECUTED DNA WARRANTS, WHICH DOES HELP US UNDERSTAND THAT KIARA WAS THE PRIMARY INDIVIDUAL UTILIZING THAT SWORD. HE INTERVIEWED WITNESSES THAT DIDN'T END UP HAVING ANY RELEVANCE, JUST TO RULE THEM OUT. EVEN THOUGH ISAAC APEDACA'S CONFESSION, AND ALL OF THE EVIDENCE THAT KIARA MACAULLY WAS THE KILLER, COULD HAVE POTENTIALLY BEEN A STOPPING POINT FOR HIM, HE KNEW BETTER AND PROCEEDED TO BUILD OUT A VERY FULL AND VERY EXTENSIVE CASE. THAT IS WHY WE HAVE 91-PLUS EXHIBITS TO HAND TO YOU, BECAUSE THIS WAS A COMPLETE AND THOROUGH INVESTIGATION. AS PART OF THAT INVESTIGATION, HE INTERVIEWED THE DEFENDANT. NOW, THE DEFENDANT'S INTERVIEW, HE HAD ALREADY BEEN MIRANDIZED BY CESAR ORNALIS AT AP WIRELESS, BUT AGAIN, BELT AND SUSPENDERS, SERGEANT VEGIL MIRANDIZED HIM, EVEN THOUGH AT THAT POINT ISAAC WASN'T REALLY A SUSPECT. THEY THOUGHT THAT THIS COULD MAYBE JUST ALL BE KIARA. THEY DIDN'T HAVE ALL THE INFORMATION BECAUSE THE INVESTIGATION WAS DEVELOPING. HE READ HIM HIS RIGHTS, HE REVIEWED THAT FORM WITH HIM, AS HE DOES ANY OTHER WITNESS IN A CUSTODIAL INTERVIEW, OR AN INTERVIEW WHERE HE JUST IS CONCERNED THAT MAYBE IT'LL LEAD TO A CUSTODIAL INTERVIEW, ONE WHERE THEY MAY NOT BE ABLE TO LEAVE BY THE END OF THE INTERVIEW. AND OVER ABOUT THE TWO AND A HALF-ISH HOURS OF THE INTERVIEW, RIGHT BEFORE ISAAC WAS GIVEN THE OPPORTUNITY TO GO GET SOME WATER, BATHROOM BREAKS WERE ALLOWED, THE HANDCUFFS WERE REMOVED. ISAAC INITIALLY GAVE A VERY LENGTHY VERSION OF EVENTS THAT PLACED THE BLAME SOLELY ON KIARA, IMPLIED HE HAD NO IDEA THAT THE MURDER WAS GOING TO TAKE PLACE. HE GOT TEARY, HE BREATHED HEAVILY, HE SEEMED SCARED AND NERVOUS, WHICH COULD JUST BE THAT YOU'RE INTERVIEWING WITH THE POLICE AND SOMETIMES THE POLICE ARE INTIMIDATING. BUT HE REALLY DREW OUT A LOT OF DETAILS ABOUT HOW CREEPY AND VIOLENT KIARA WAS BEING, DETAILS THAT REALLY DON'T PLAY OUT IN THE REST OF THE EVIDENCE IN THIS CASE. FOR EXAMPLE, HE SAID THAT HE HAD A DAGGER, EXCUSE ME, A BUTTERFLY KNIFE DRUG ACROSS HIS FACE. NO SUCH BUTTERFLY KNIFE WAS RECOVERED. IN FACT, KIARA TALKED ABOUT THAT BUTTERFLY KNIFE AND SAID, OH NO, I HAD LOST THAT BEFORE THAT NIGHT. AND AFTER HIS LENGTHY VERSION OF EVENTS THAT FULLY DISTANCED HIMSELF FROM THE CRIME, THAT FULLY PLAY INTO THIS NOTION THAT HE HAD NO IDEA THAT IT WAS GOING TO HAPPEN. HE'S JUST A BOYFRIEND IN THIS HOUSE TRYING TO NAVICATE A COMPLEX DYNAMIC BETWEEN THESE TWO LADIES. AND FOR HIM, HE'S SO TRAUMATIZED. HE ULTIMATELY AGREES TO GO THROUGH HIS PHONE. AND THAT DECISION WAS HIS TO MAKE. AND WHETHER THAT ULTIMATELY ENDED UP BEING UNWISE IS PROBABLY PRETTY EVIDENT. MAYBE HE JUST THOUGHT THAT THEY WERE ONLY GOING TO LOOK AT THE MESSAGES BETWEEN HIM AND GRACE. WE DON'T KNOW AND WE CAN'T SPECULATE WHY HE AGREED. BUT HE DID. HE GAVE A CONSENT TO SEARCH THE PHONE. AND WE SEE AS SERGEANT VEHILL SITS DOWN WITH HIM, WITH THE PHONE IN HAND, AS HE KIND OF SCROLLS THROUGH IT, AND THEY BEGIN TALKING ABOUT THE MESSAGES. THE MESSAGES BETWEEN KIARA AND ISAAC, OR THE NULL VOID, AND THE FROGGY MCCULLA ACCOUNT. HE STARTS REVIEWING THEM KIND OF ABOUT TWO-THIRDS OF THE WAY THROUGH. IT APPEARS THAT HE DOES -- HE STARTS REVIEWING MORE AFTER THE SERIES OF LITTLE DOG EMOJIS THAT KIARA SENT ABOUT 50 PAGES WITH. BUT SOMEWHERE IN THAT RANGE, ISAAC APODAKA SAYS, "OH, EVERYTHING AFTER THIS ISN'T ME." HE SAYS, "OK." THEY GO BACK TO THE BEGINNING. WELL, AT THE VERY BEGINNING, OUR MESSAGES THAT IMMEDIATELY BEGAN TO TROUBLE, AND I THINK WEIRD OUT, IT MAY BE THE TERM THAT SERGEANT VEGILL USES. THINGS THAT IMPLICATE ISAAC VERY, VERY EARLY ON. FROM THE EARLY TEXT ABOUT BRINGING GRACE TO THE PARK VERSUS THE APARTMENT, THE -- TO THE FINAL MESSAGES OF, "SHE ADMITTED IT TO ME." HE REVIEWED THEM WITH HIM. HE GAVE HIM THE OPPORTUNITY TO EXPLAIN THEM. HE WENT BACK THROUGH FROM THAT MIDPOINT WHERE HE STARTED, STARTED AT THE BEGINNING, AND THEN RAN BACK THROUGH. AND THAT EVENTUALLY, HE CONFRONTED HIM WITH THE INCONSISTENCIES THAT HE WAS SEEING. THE DEFENDANT LIED A LOT IN HIS INTERVIEW. HE LIED ABOUT THE REASON FOR BRINGING GRACE OVER. THAT HE THOUGHT HE COULD KEEP HER SAFE. WE KNOW THAT THE MURDER PLOT HAD LONG BEEN IN DEVELOPMENT, AND SHIFTED ON AND OFF IN TERMS OF HOW THROUGHOUT THE EVENING. BECAUSE KIARA WAS ALREADY AT THE PARK WHEN GRACE WAS BROUGHT OVER. SHE WAS ALREADY DRESSED LIKE A MONSTER DUDE. THAT SHE ALREADY HAD HER SWORD WITH HER. THIS PLOT HAD LONG BEEN IN PLACE. AND THE DEFENDANT TRIED TO LIE AND SAY THAT IT WAS JUST TO KEEP A FRIEND SAFE. HE SAID THE CONVERSATIONS ABOUT CLEANING UP A MESS WERE RELATED TO SOMEONE POOPING IN THE BED. THAT THEY WERE ALL LAYING IN. AND THAT IF CRIME SCENE TECHNICIANS LOOKED THROUGH ALL THE BEDDING, THEY WOULD SEE HUMAN FEES. ONE, THOSE MESSAGES ARE PLAINLY ABOUT CLEANING UP THE MURDER. HYDROGEN PEROXIDE AND COLD WATER WASHES TO GET BLOOD AND OTHER EVIDENCE OUT. TWO, I ASKED THE CRIME SCENE TECHNICIAN ABOUT EVERY PIECE OF BEDDING THAT WAS IN THAT GARAGE AND NONE OF IT THANKFULLY HAD HUMAN FEES ON IT. YOU DO HAVE THAT EVIDENCE HERE. IF YOU -- IT IS BLOODY AND YOU WOULD NEED TO USE YOUR GLOVES AND FOLLOW PROCEDURES TO OPEN IT UP. BUT IF YOU WANT TO INSPECT THOSE ITEMS YOURSELF, LADYS AND GENTLEMEN, THEY'VE ALL BEEN ADMITTED AS EVIDENCE FOR YOU. THERE'S NO -- THERE'S NO POOP IN THE BED. HE SAID THAT HE DIDN'T WANT -- ISAAC SAID THAT HE DIDN'T WANT ANYTHING TO HAPPEN TO GRACE. BUT THEN HE ULTIMATELY ADMITTED THAT HE DID. IT TOOK A WHILE FOR HIM TO GET THERE. BUT IT WAS NOT THE RESULT OF ANY COERTION OR THREATS OR INTIMIDATION. IT WAS JUST AFTER BEING CONFRONTED WITH HIS LIES OVER AND OVER AND OVER. AND THE NONSENSE THAT HE WAS USING TO TRY AND EXPLAIN THE TEXT MESSAGES THAT HE WAS CLEARLY PUTTING IN A DIFFERENT CONTEXT, NOT BASED IN THE REALITY OF THIS CASE. HE MAKES ADMISSION. [00:20:56] Speaker 1: MESSAGES, I JUST MEANT THAT -- MEANT WHAT I SAID. [00:21:02] Speaker 3: SO DID YOU WANT GRACE DEAD BECAUSE OF ALL THAT? I DID. OK. [00:21:13] Speaker 2: DID YOU WANT GRACE DEAD BECAUSE OF ALL OF THAT? ISAAC RESPONDS, I DID. HE INTENDED FOR THE MURDER TO HAPPEN. HE'S ACKNOWLEDGED IN THIS CASE AND HIS STATEMENTS AND THE MESSAGES THAT HE KNEW THAT KIARA HAD WANTED TO KILL GRACE FOR A VERY, VERY LONG TIME. AS I MENTIONED, THIS WAS NOT A SECRET. KIARA SAID THAT SHE TOLD MULTIPLE PEOPLE AND THAT SHE HAD LOTS OF CONVERSATIONS WITH ISAAC ABOUT IT. THIS WAS NOT SOME SHOCKING DEVELOPMENT. THIS WAS SOMETHING THAT HE HAD PUT INTO THE WORKS THAT HE WAS AWARE OF THAT HE WAS FACILITATING. YOU HEARD SOME CLIPS FROM SOME RECORDED CONVERSATIONS OF THE DEFENDANT WHILE WE'RE TALKING ABOUT HIS STATEMENTS. HE ACKNOWLEDGES IN THOSE CALLS THAT NOEL VOID WAS ONE OF HIS ACCOUNTS. HE TRIES TO SAY THAT IT WAS HACKED AND THERE'S NO EVIDENCE OF THAT. HE TRIES TO LAY OUT A NARRATIVE THAT HE DIDN'T THINK ANYTHING WAS GOING TO HAPPEN TO GRACE, WHICH WE KNOW IS CONTRADICTED. HE SAID THAT KIARA HAD RUSSIAN KGB STYLE POWERS OVER HIM TO TRIGGER HIM. WHICH SEEMS NONSENSICAL BASED ON KIARA'S TESTIMONY AND APPEARANCE. IT'S YOUR JOB TO WEIGH THE CREDIBILITY OF WITNESSES. AND ONE OF THE THINGS THAT YOU CAN CONSIDER IS HOW THEY APPEAR WHEN THEY'RE TESTIFYING TO YOU. I'M DOUBTFUL THAT SHE PROSESSES KGB RUSSIAN SPY STYLE SKILLS OF MANIPULATION OVER SOMEONE. HE INSISTS HE WASN'T ACTUALLY PART OF THE PLANNING. SO THIS CHANGE IN NARRATIVE FROM WHAT HE ADMITS TO IN THIS POLICE INTERVIEW IS REFLECTIVE. AND WHAT DOES THAT REFLECT? IT REFLECTS THAT HE'S TRYING TO SHIFT THE NARRATIVE AND HOW THAT SHOWS THAT SHOWS HOW MANIPULATIVE ISAAC ATTEMPTS TO BE. HE TRIED TO MANIPULATE AND HE DID MANIPULATE KIARA. HE TRIED TO MANIPULATE SERGEANT V. HILL. AND MAYBE IT WORKED FOR A LITTLE WHILE UNTIL THE TEXT MESSAGES WERE DISCOVERED. AND HE ATTEMPTS TO MANIPULATE HIS MOM IN THESE RECORDED CALLS. SO THIS CASE HAS A LOT OF MESSAGES. FACEBOOK AND TEXT MESSAGES OR SMS MESSAGES. ONES THAT ARE SENT FROM A PHONE NUMBER TO A PHONE NUMBER. AS OPPOSED FROM A FACEBOOK ACCOUNT TO ANOTHER FACEBOOK ACCOUNT. WHO SENT THEM? WELL, WHEN YOU LOOK, YOU WILL SEE THAT ALL . . . ISAAC'S PHONE. WE KNOW THAT BECAUSE WE SEE SERGEANT V. HILL SCROLLING THROUGH THE CONVERSATION AS IT'S HOUSED ON ISAAC'S ACTUAL PHYSICAL DEVICE. WE KNOW FROM THE CELEBRATE EXTRACTION THAT FACEBOOK MESSENGER WAS BEING USED DURING THAT ENTIRE TIMEFRAME ON ISAAC PAPADACO'S PHONE TO SEND FACEBOOK MESSAGES, THE ONES THAT SERGEANT V. HILL HAD RECEIVED. SO WE KNOW THAT THERE WASN'T SOME OTHER DEVICE THAT HAD HACKED INTO THAT ACCOUNT. IT WAS HIS PHONE ACCESSING THAT ACCOUNT THROUGHOUT THAT ENTIRE CONVERSATION. WE KNOW FROM THE FACEBOOK SEARCH WARRANT OF THE RECORDS, AS THEY'RE HOUSED AT META IN CALIFORNIA OR WHEREVER THEIR SERVERS ARE, THAT THOSE ARE THE CONVERSATIONS WITH IDENTIFYING FEATURES THAT SHOW THAT IT WAS ISAAC APEDACA COMMUNICATING WITH KIARA MACAOLEY, INCLUDING THAT THE NULL VOID ACCOUNT WAS DISCOVERED AS IT WAS LINKED OR ATTACHED TO ISAAC APEDACA'S OTHER ACCOUNT, WHICH WAS LABELED ISAAC APEDACA, AS SERGEANT V. HILL STATED. AND I'VE REFERENCED COMMON SENSE. YOU ARE INDIVIDUALS THAT WE ASSUME POSSESS REASON AND THE ABILITY TO UTILIZE COMMON SENSE. IT WOULD BE NONSENSICAL TO BELIEVE THAT KIARA MACAOLEY SPENT 14 HOURS IN POSSESSION OF ISAAC APEDACA'S PHONE OR ACCESSING HIS ACCOUNTS AND HIS PHONE AND WAS SITTING THERE TEXTING HERSELF BACK AND FORTH ABOUT A MURDER PLOT OVER THE PERIOD OF 15 HOURS WITH SOME OF THOSE MESSAGES SECONDS OR MILLISECONDS APART. THAT'S NONSENSE. COMMON SENSE DICTATES THAT THERE ARE TWO INDIVIDUALS HAVING THOSE CONVERSATIONS AND THAT THOSE TWO INDIVIDUALS ARE KIARA MACAOLEY AND ISAAC APEDACA. AND THEN OF COURSE WE HAVE ISAAC'S OWN ADMISSIONS. HE ADMITTED ULTIMATELY TO SERGEANT V. HILL THAT HE IN FACT WAS A SENATOR. NOW THIS PICTURE IS ON PAGE 66 OF THE FACEBOOK MESSAGE RETURN. THE FACEBOOK MESSAGE RETURN. IT WAS SENT ABOUT 5:44 A.M. IN HIS POLICE INTERVIEW, ISAAC APEDACA IDENTIFIES THAT AS HIMSELF AS HE'S LAYING ACROSS THE FOOT OF THE BED. AND WHEN I REFERENCE PAGE 66, IT'S -- IF YOU CHOOSE TO REVIEW THOSE RECORDS, IT'LL BE AS IT'S NOTATED IN THE TOP RIGHT CORNER OF THE RECORDS RETURN, NOT PAGE 66 OF THE PDF ITSELF. THIS WAS SENT AT 5:44 A.M. FROM KIARA TO ISAAC. AS WE KNOW, ISAAC IDENTIFIED HIMSELF. AND WHAT YOU CAN SEE IN THIS PICTURE, ALTHOUGH IT'S BLURRY, YOU CAN SEE ISAAC APEDACA'S FACE AT ABOUT -- IF THIS WAS A CLOCK FACE, ABOUT THE THREE O'CLOCK ON THE IMAGE. AND WHAT'S INTERESTING ABOUT THIS IS THAT YOU CAN SEE THERE'S A LIGHT COMING UP FROM BELOW AND LIGHTING THE UNDER SIDE OF HIS LEFT CHEEK. WHY IS THERE A LIGHT THERE, LADIES AND GENTLEMEN? BECAUSE HE POSSESSED HIS OWN CELL PHONE DURING THIS TIME FRAME. THIS IS ONE OTHER PIECE OF CROSS-CORROBORATION THAT THESE INDIVIDUALS ARE THE ONES WHO ARE PLOTTING AND PLANNING THAT ISAAC APEDACA IS ACTIVELY PARTICIPATING, HE'S ENCOURAGING, HE'S CAUSING, HE'S HELPING. LET'S TALK ABOUT KIARA MACAULEY. I BELIEVE I TOLD YOU IN MY OPENING STATEMENT THAT KIARA WOULD COME ACROSS AS STRANGE, AS POTENTIALLY KIND OF A BROKEN OR TROUBLED PERSON AND MAYBE AS SOMEONE WHO WOULD DO ANYTHING FOR LOVE. WE KNOW THAT SHE WAS 19 YEARS OLD AT THE TIME OF THE MURDER. WE KNOW THAT THEY WERE RESIDING IN THE GARAGE BECAUSE ISAAC WANTED HER AWAY FROM HER MOM. WE KNOW THAT SHE BELIEVED ISAAC FOR A WHOLE SLEW OF REASONS, INCLUDING A BELIEF THAT HE COULD POTENTIALLY BE THE ARCHANGEL GABRIEL OR A VOICE BOX FOR THE ARCHANGEL GABRIEL, BECAUSE HE KNEW THINGS ABOUT HER THAT NOBODY ELSE KNEW. HER DEEPEST DARKEST SECRETS SHE BELIEVED HE KNEW. WE KNOW THAT HIS NICKNAME FOR HER WAS PUGGLE OR PUGGY, YOU SEE THAT THROUGHOUT THE MESSAGES, AND THAT SHE CALLED HIM OTTER. KIARA CAME, PURSUANT TO HER PLEA AGREEMENT, AND SHE TESTIFIED BEFORE YOU. AS I SAID, THE CREDIBILITY OF EVERY SINGLE WITNESS IS FOR YOU TO DECIDE. AND I WOULD ASSERT THAT KIARA, FOR ALL OF HER FLAWS, FOR ALL OF HER DIFFICULT TO UNDERSTAND PERSONALITY TRAITS, WAS CREDIBLE. NOW, SHE TOOK A PLEA. KIARA MCAULIEN, YOU HAVE THAT PLEA PAPERWORK IN THE EXHIBITS, HAS PREVIOUSLY PLEADED GUILTY TO AGGRAVATED SECOND DEGREE MURDER, WHICH IS A LESSER OFFENSE OF COUNT ONE, AND CONSPIRACY TO COMMIT FIRST DEGREE MURDER. AND I WANT TO BE REALLY CLEAR HERE. JUST BECAUSE SHE TOOK A PLEA TO AGGRAVATED SECOND DEGREE MURDER, THAT DOESN'T MEAN THAT THAT'S THE CRIME THAT -- THE ONLY LEVEL OF CRIME THAT SHE COMMITTED. KIARA MCAULIEN ABSOLUTELY COMMITTED FIRST DEGREE MURDER. BUT IN EXCHANGE, AS A BARGAINED FOR EXCHANGE, FOR HER COOPERATION, SHE WAS ALLOWED TO PLEA TO A LESSER STEP DOWN -- A STEP DOWN CHARGE. SO THAT DOES NOT NECESSARILY MEAN THAT SHE ONLY COMMITTED AGGRAVATED SECOND DEGREE MURDER. SHE DIDN'T. SHE ACKNOWLEDGED THAT SHE COMMITTED WILLFUL AND DELIBERATE FIRST DEGREE MURDER BY TALKING ABOUT HER REASONS TO DO SO, THE PLANNING, AND ALL OF THE STEPS SHE TOOK. THIS IS A BARGAIN FOR EXCHANGE. SHE ALSO, AS I SAID, PLEADED TO THE CONSPIRACY TO COMMIT FIRST DEGREE MURDER, DUE TO THE WORDS AND ACTS THAT SHE AND ISAAC ENGAGED IN TO PLOT THINGS. WE HEARD FROM DR. MICHAEL WELLNER. AND BOY, IS HE A TALKER. HE'S AN EXPERT IN FORENSIC PSYCHIATRY. AND HE LOVES TO TALK ABOUT HIS JOB AND ALL OF THE CONCLUSIONS THAT HE HAS DRAWN. AND HE GAVE US THREE PSYCHIATRIC OR PSYCHOLOGICAL THEMES TO CONSIDER. AND THE FIRST ONE IS COERCIVE CONTROL. AND THIS RELATES TO THE RESEARCH OF PEOPLE WHO ARE DRAWN INTO SEX WORK BY THEIR PARTNERS. HE SAID THAT AS THAT HAPPENS, MUCH LIKE HAPPENED HERE, THAT KIARA WAS DRAWN INTO PROSTITUTING HERSELF ON SKIP THE GAMES AND ESCORT WEBSITE, WITH ISAAC APEDACA KEEPING THE MONEY. THAT A DEPENDENCE FORMS, BUT THE FEMALE, IN THIS CASE, LOSES PERSONAL AGENCY OR THEIR ABILITY TO MAKE CHOICES AND DETERMINATIONS FOR THEMSELVES. THEY GET PULLED INTO THE FINANCIAL SUPPORT OF THEIR PARTNER, BECAUSE THEIR PARTNER TAKES THE MONEY AND KEEPS IT. IT LEADS TO DOMINANCE, A THEME THROUGHOUT THIS CASE. IT LEADS TO SECRECY, LIKE WE SEE IN KIARA KEEPING THE ONGOING SEX WORK A SECRET FROM LANI, AFTER LANI TOLD BOTH HER AND ISAAC THAT THE SEX WORK HAD TO STOP. AND THE LEAD-UP TO THIS, TO THIS COERCIVE CONTROL DYNAMIC, IS THAT IT LEADS TO FURTHER TRAUMATIC EVENTS. AND AS THIS GOES ON, THE BENEFIT THROUGHOUT ALL OF THIS, THERE'S EVIDENT THROUGHOUT THIS CASE, IS THERE'S A BENEFIT TO THE DOMINANT PERSON. AND THERE CAN BE A ECONOMIC OR FINANCIAL BENEFIT, RIGHT? YOU- YOUR GIRLFRIEND GOES AND HAS SEX FOR MONEY AND YOU TAKE THE MONEY, AND ARE ABLE TO BUY GUNDAM MODELS OR WHATEVER YOU WANT WITH IT, AND CONTROL THE FINANCIAL ASPECTS OF THE RELATIONSHIP, BUT THERE'S ALSO A PSYCHOLOGICAL BENEFIT, AND THAT'S POWER, AND THAT'S CONTROL. NOW, AS I SAID, THIS COERCIVE CONTROL DYNAMIC LEADS TO TRAUMATIC EVENTS, AND WE SEE THAT IN THIS CASE. WE KNOW THAT KIARA MCAULI WAS SEXUALLY ASSAULTED IN THE COURSE OF HER SEX WORK ON HALLOWEEN OF 2021. WE KNOW THAT BECAUSE LANNIE TOOK HER FOR HER RAPE KIT. WE KNOW THAT BECAUSE OF OTHER STATEMENTS IN THIS CASE. NOW, FORENSIC PSYCHIATRY UNDERSTANDS THE NOTION OF THE IDEA OF STAYING TOGETHER EVEN AFTER A SEXUAL ASSAULT, SUCH AS IN THE COURSE OF PROSTITUTION, THAT, YOU KNOW, WHAT'S PARTNER HAS ENCOURAGED, OR GETTING BACK TOGETHER EVEN AFTER A VIOLENT DOMESTIC VIOLENCE EPISODE, WHERE MAYBE SOMEONE HAS THEIR THUMB BROKEN OR IS BEATEN VERY BADLY. THESE ENCOUNTERS CAN LEAD TO TRAUMA BONDING. AND ONE OF THE HALLMARKS IS THAT THE SUBMISSIVE PERSON BEGINS TO INTERNALIZE, OR TAKE ON IN THEIR OWN MIND, HEART, BODY, WHAT HAVE YOU, THE DOMINANT PERSON'S PERSPECTIVE. THINGS LIKE NOT AGREEING TO CONTINUE ON WITH A CRIMINAL CASE, BECAUSE YOU DON'T WANT IT TO HURT YOUR PARTNER. AND YOU THINK ABOUT THE BENEFITS OR THE CHALLENGES THAT THAT COULD POSE FOR THEM, AS OPPOSED TO YOUR OWN SAFETY, YOUR OWN SECURITY, YOUR OWN HEALTH. WE ALSO HEARD ABOUT THE TERM "GASLIGHTING", WHICH IS, I THINK, A PRETTY TRENDY TERM WE HEAR A LOT. I ACCUSE MY HUSBAND OF IT EVERY TIME HE LEAVES THE TOILET SEAT UP AND TELLS ME HE DIDN'T. APPARENTLY I'M MISUSING THAT. GASLIGHTING IS A MUCH DEEPER PSYCHOLOGICAL CONCEPT, AND THAT INVOLVES CONVINCING AN INDIVIDUAL OF THINGS THAT LEAD THEM TO QUESTIONING THEIR OWN REALITY, SUCH AS TELLING SOMEONE THAT YOU SAW A VIDEO OF THEM ON THE DARK WEB OF THEM BEING GANG-RAPED, AND AN EX ACCEPTING MONEY FOR IT. AND YOU BEGIN TO TAKE ON THAT ABSOLUTELY DISTORTED REALITY OVER THE PROCESS OF BEING GASLIGHTED FOR A PERIOD OF TIME. AND WE KNOW THAT THIS COERCIVE CONTROL DYNAMIC, THE ELEMENTS OF TRAUMA BONDING, AND THE GASLIGHTING THAT WENT ON, IS WHAT FUELED SO MUCH OF KIARA'S RAGE, HER HATRED FOR GRACE, HER CONFLICTED FEELINGS ABOUT GRACE, BECAUSE ON THE ONE HAND SHE STILL KIND OF LOVED HER, ON THE OTHER HAND SHE'S GROWN TO BELIEVE THAT THIS PERSON IS A MONSTER WHO PEMPED HER OUT TO A BUNCH OF MEN FOR MONEY, AND AS A SEX TRAFFICKER. THE GASLIGHTING CAN LEAD TO THE BELIEF THAT YOUR INDIVIDUAL IS ESSENTIALLY A VIGILANTE, SEX TRAFFICKING SERIAL KILLER WHO'S PART OR FOUNDED A GROUP CALLED GHOST. ALL OF THESE DISTORTED REALITIES DERIVED FROM THE COERCION, THE TRAUMA BONDING, THE CONTROL, THE VERY TOXIC, I THINK IS HOW KEYANA AGUILAR DESCRIBED THEIR RELATIONSHIP DYNAMIC, THE DYNAMIC THAT WAS PRESENT ON OCTOBER 28TH INTO THE 29TH BETWEEN KIARA AND ISAAC. SO THE DOMESTIC VIOLENCE AND THE SEX WORK ARE BEING OFFERED TO YOU FOR A VERY LIMITED PURPOSE, AND YOU HAVE AN INSTRUCTION ON THIS. IT'S IMPORTANT THAT YOU FOLLOW THAT INSTRUCTION AND ONLY CONSIDER THIS EVIDENCE FOR THE PURPOSE THAT THE JUDGE HAS ALLOWED YOU TO CONSIDER IT IN THOSE INSTRUCTIONS. IT'S PERMITTED TO SHOW THE DEFENDANT'S INTENT ON OCTOBER 28TH, 2022. SO WE'RE NOT SAYING BECAUSE HE BEAT HER UP IN APRIL OF 2022, ON THAT DATE IN APRIL, HE THOUGHT, OH, SIX MONTHS FROM NOW, I'M GOING TO BE ABLE TO GET HER TO MURDER SOMEONE. THAT'S IT'S THE INTENT ON THE DATE OF THE INCIDENT. BASED ON THEIR PAST INTERACTIONS, HE KNEW WHAT HE COULD PUSH KIARA TO DO. THINGS THAT ARE. [00:34:22] Speaker 1: HOLD ON A SECOND, COUNCIL. AGAIN, EVERYONE, BEFORE WE CONTINUE, PLEASE CHECK AND MAKE SURE YOUR PHONES ARE OFF. [00:34:33] Speaker 2: WE KNEW THAT HE COULD PUSH KIARA TO DO THINGS THAT AN AVERAGE PERSON WOULD NOT DO. AN AVERAGE PERSON DOES NOT HEAR THAT THEIR PARTNER HAS FORMED A GHOST AND HAS A KILL COUNT OF 40 AND THERE ARE KILL LISTS MADE FOR THEM WITHOUT ANY SORT OF OTHER CORROBORATION OR EVIDENCE AND JUST BELIEVES THEM. HE KNEW, BASED ON THESE PRIOR EXPERIENCES, WHAT HE COULD GET KIARA TO DO. THINGS THAT AREN'T SMART OR IN HER BEST INTEREST OR SAFE. HE COULD COMPEL HER. IT'S ALSO RELEVANT FOR YOU TO CONSIDER FOR THEIR RELATIONSHIP DYNAMIC AND HOW IT LED TO THIS. NOW, DR. WELLNER TALKED ABOUT A SERIES OF INDUCEMENTS OR BENEFITS OR IN A SERIES OF PERSUASIONS THAT ARE ABSOLUTELY VISIBLE THROUGHOUT THE FACEBOOK MESSAGES AND SMS MESSAGES. NOT GOING TO TALK ABOUT EVERY SINGLE ONE. YOU HAVE THOSE MESSAGES. WE'VE HEARD THEM AT TIMES OR AT LENGTH, EXCUSE ME. THE FIRST ONE IS THAT IN TERMS OF A BENEFIT THAT SHE WOULD DERIVE IS THAT SHE WOULD MOVE UP THE RANKS IN GHOST AND SHE WOULD GET PERKS ON THE BLACK MARKET. THAT WAS SENT AT ABOUT 3:38 PM. THAT'S ON PAGE 37 OF THE FACEBOOK RECORDS. AT 5:55 AM ON PAGE 68 IS I JUST WANT YOU TO DO IT SO YOU CAN FEEL THAT RUSH OF ADRENALINE. ADRENALINE MAKES YOU FEEL GOOD. HE WAS TRYING TO SAY, KILL GRACE AND YOU'LL FEEL BETTER. WE SEE THAT EVEN MORE. SO THESE ARE TWO OF THE INDUCEMENTS OR THE BENEFITS, YOU KNOW, THE POWER, THE MONEY, THE SENSE OF BELONGING IN THIS ORGANIZATION THAT SHE COULD DERIVE. AND SHE BELIEVED IN THIS ORGANIZATION SO MUCH THAT SHE LET ISAAC APADACHA TATTOO HER WITH SOME SORT OF INSIGNIA OR RANKING SYMBOL ON HER BODY. PERSUASIONS. TOLD HER TO USE THE DAGGER BECAUSE IT'S BLUNT AND BLUNT CUTS LIKE BUTTER. A LITTLE BIT CONFUSING BUT IT'S WHAT HE SAID AT 3:10 A.M. ON PAGE 35. THE DEATH WILL BE INSTANT. AND THIS IS AFTER SHE SAID, WILL IT BE INSTANT? HE SAID, YEAH. JUST AIM. AT 3:52 A.M. ON PAGE 55 OF THE RECORDS, HE GOES INTO A BIT HITTING ON THE GRACE GANG RAPE FANTASY DELUSION. SHE SOLD YOU INTO THE SEX TRADE. JUST SWING AND DON'T REGRET THE AIM. THIS IS A SHORT LIST. THERE ARE DOZENS OF EXAMPLES THROUGHOUT THESE MESSAGES OF HIM ENGAGING IN PERSUASIONS. AND WHAT'S ANOTHER WORD FOR PERSUASIONS? ENCOURAGEMENT. AGAIN, LADIES AND GENTLEMEN, HELPED, CAUSED, AND ENCOURAGED. WE KNOW HE HELPED GRACE JENNINGS. WE KNOW HE -- I'M SORRY. WE KNOW HE DID NOT HELP GRACE JENNINGS. WE KNOW THAT HE HELPED KIARA MACAULLY. HOW HE'S ABLE TO GET HER TO DO THIS. HOW HE'S ABLE TO CAUSE THIS MURDER TO ULTIMATELY HAPPEN. AND WE KNOW HE ENCOURAGED OVER AND OVER AND OVER AGAIN. AND YOU CAN SEE IN THOSE MESSAGES TIMES WHERE KIARA BACKS OFF OR SAYS, CAN YOU DO IT? OR WHAT ABOUT THIS? SHE ULTIMATELY WAS AGREEING TO OPERATION KICKOUT WHEN HE SENS THAT FINAL MESSAGE TO REALLY TRY AND PUSH HER AND THEN HANDS HER THE SWORD. OVER AND OVER AGAIN HE AIDES AND ABETS THE FIRST DEGREE MURDER. AND THAT'S WHY HE'S GUILTY OF FIRST DEGREE MURDER. ONE OF THE ONES FROM THE TEXT MESSAGES ON THE PHONE ITSELF, AND THIS IS RIGHT IN THE -- AROUND THE TIME IN THE FACEBOOK MESSAGES, ONE OF THEM TELLS THE OTHER ONE TO SWITCH TO TEXT. YOU MAY REMEMBER THAT I HAD SERGEANT VEHILL POINT THAT OUT. YOU'LL SEE AROUND 6:00 A.M. IN THE MESSAGES, WHICH UNFORTUNATELY YOU'RE GOING TO HAVE TO WORK ON CONVERTING FROM UTC TO LOCAL TIME, THERE'S A MESSAGE THAT SAYS TEXT, LIKE SWITCH TO TEXT. AND AROUND THAT TIME HE STATES ISAAC APODACA FROM HIS CELL PHONE, WITH A DAGGER, BRING IT UP, TURN FLAT, SOUTH TO NORTH AND WITH HILT EAST TO WEST. SHE SAYS SOMETHING IN RESPONSE, THEN HE SAYS, "THEN TURN IT BLADE EAST TO WEST, HILT NORTH TO SOUTH, AND VOILA, SHE DEAD." THIS REFLECTS, AGAIN, THE INTENTIONALITY BEHIND THESE ACTS. THERE IS NO DOUBT THAT THEY WERE PLOTTING ALL OF THE DIFFERENT WAYS THAT THEY COULD KILL GRACE JENNINGS, AND ALL THE WAYS THAT THEY COULD ULTIMATELY CLEAN UP FOR IT. PUGGLE, I'M WANTING YOU TO KILL HER. YOU HAVE TO END YOUR SUFFERING BY ENDING HER JOY. THIS IS AN EXPLICIT REFERENCE TO THE SUFFERING THAT KIARA FELT THAT SHE HAD SUFFERED FROM GRACE. AT TIMES IN THE MESSAGES KIARA TALKS ABOUT, "I'M HURTING, BABE, CAN YOU PLEASE GET RID OF HER, THIS IS TOO MUCH FOR ME." AND THEN AT TIMES, OF COURSE, SHE DOES ACTIVELY PARTICIPATE BECAUSE SHE'S SO TIED INTO THIS DELUSION, AND THE FANTASY, AND THE INDUCEMENTS, AND THE PERSUASIONS. BUT AT 6:06 A.M., PUGGLE, I'M WANTING YOU TO KILL HER, YOU HAVE TO END YOUR SUFFERING BY ENDING HER JOY. THERE IS NO OTHER WAY TO READ THAT MESSAGE. AS I SAID, LADIES AND GENTLEMEN, WE KNOW THAT THE DEFENDANT'S INTENT WAS FOR KIARA TO MURDER GRACE BECAUSE HE TOLD HER TO DO IT REPEATEDLY. AND HE KEPT TRYING TO PUSH HER BUTTONS OVER AND OVER. AND IT'S A LITTLE BIT LIKE IF SOMEONE HAS A KEY RING WITH A BUNCH OF KEYS, AND THEY'RE TRYING TO UNDO A LOCK, AND THEY TRY THE FIRST KEY AND IT DOESN'T WORK, SO THEY SHIFT TO THE SECOND KEY AND IT DOESN'T WORK, AND THEY KEEP TRYING AND TRYING AND TRYING UNTIL THEY FIND THE KEY AND THE LOCK CATCHES, AND THE DOOR OPENS. HE KNEW WHICH KEYS TO USE, AND THAT'S BECAUSE HE KNEW HER PARTICULARIZED PSYCHOLOGICAL WEAK POINTS. THIS WAS BECAUSE OF HIS -- HE WAS HER INTIMATE PARTNER, AND IT WAS SOMEONE OVER WHOM HE HAD TREMENDOUS INFLUENCE, TREMENDOUS CONTROL. WE KNOW THAT KIARA COMMITTED THE MURDER WILLFULLY AND DELIBERATELY. IT WAS NOT AN ACCIDENT. IT WAS NOT A RASH IMPULSE. IT WAS NOT HEAT OF PASSION. THIS WAS A PRE-PLANNED EVENT, AND IT JUST TOOK THE RIGHT KEY AND THE LOCK TO FINALLY PUSH THEM THROUGH THE DOOR. WE KNOW THAT SHE HAD THESE HOMICIDAL INTENTIONS, AS I STATED, NOT FOR MINUTES, HOURS, DAYS, WEEKS, MONTHS, YEARS. AND SHE HAD BEGUN BELIEVING THAT GANG RAPE STORY YEARS IN ADVANCE OF THIS. I BELIEVE SHE SAID ABOUT SIX MONTHS INTO DATING ISING. THAT'S WHEN HE BEGAN PLANTING THESE SEEDS. WE KNOW THAT, AS I SAID, SHE WAS VOCAL WITH OTHERS ABOUT IT. SHE MAY HAVE PLEADED TO AGGRAVATED SECOND DEGREE MURDER, BUT KIARA MCAULI ABSOLUTELY COMMITTED FIRST DEGREE MURDER, WILLFULLY AND DELIBERATELY. SHE PRE-MEDITATED IT, AND SHE HAD A LOT OF HELP AND ENCOURAGEMENT IN GETTING THERE. EVERY TIME SHE RESISTED, EVERY TIME SHE ASKED QUESTIONS, EVERY TIME SHE ASKED FOR HIM TO HELP, HE BACKS OFF MOMENTARILY, AND THEN HE COMES BACK WITH A NEW KEY, A NEW APPROACH. HE BROUGHT, ISAAC APODACHA BROUGHT GRACE JENNINGS TO THAT APARTMENT, WHERE HE RESIDED WITH HIS HOMICIDAL, DELUSIONAL GIRLFRIEND. ISAAC APODACHA REPEATEDLY URGED FOR THAT MURDER TO HAPPEN. HE PROMISED TO BE HELPFUL IN THE CHARGE OF CLEANING UP. HE HANDED KIARA THE SWORD. HE DID NOT NEED TO BE PRESENT IN THE ROOM FOR HIM TO BE GUILTY OF FIRST DEGREE MURDER. THERE IS NO REQUIREMENT IN THE UNIFORM JURY INSTRUCTIONS, THE RULES THAT YOU HAVE BEEN HANDED, THAT HE SWING THAT SWORD, THAT HE BE PRESENT IN THE ROOM AT THE EXACT INSTANCE OF THE MURDER. IT IS ABOUT HIM AND THE WAYS HE COMMUNICATED THE CAUSE, THE HELP, THE ENCOURAGEMENT. LADIES AND GENTLEMEN, YOUR JOB IS TO APPLY THE FACTS OF THIS CASE. NOT TO JUDGE KIARA MCAULI'S CULPABILITY AND TRY AND WEIGH OUT SOME SORT OF APPLES TO APPLES DECISION AS TO, WELL, IF SHE TOOK A PLEA, NO. HER BARGAIN FOR EXCHANGE STANDS ON ITS OWN. YOUR JOB IN THIS CASE IS TO LOOK AT ISAAC APEDACA AND HIS ROLE IN THIS CASE. TO LOOK AT ISAAC APEDACA AND LOOK AT ALL OF THE CAUSATION, THE ENCOURAGEMENT, THE HELP THAT HE PERFORMED THAT LED TO GRACE JENNINGS DYING IN THAT DISGUSTING GARAGE ON OCTOBER 29TH OF 2022. AND AS YOU APPLY THOSE FACTS, THESE FACTS, THIS EVIDENCE TO THE LAW IN THIS CASE, YOU WILL FIND THAT HE IS GUILTY OF FIRST DEGREE MURDER UNDER AN AIDED AND ABETTED THEORY, AND YOU WILL FIND THAT HE IS GUILTY OF CONSPIRACY TO COMMIT FIRST DEGREE MURDER. I THANK YOU FOR YOUR TIME AND ATTENTION, AND I'LL GET THE OPPORTUNITY TO SPEAK TO YOU AGAIN SOON. [00:43:10] Speaker 1: LADIES AND GENTLEMEN, AS I MENTIONED IN BETWEEN THE CLOSING STATEMENTS, WE'RE GOING TO TAKE A QUICK RECESS. THIS WILL BE OUR BATHROOM BREAK FOR THE MORNING. WE'LL COME BACK AND CONTINUE. [00:43:18] Speaker 3: LADIES AND GENTLEMEN, THE JURY, THANK YOU. WE'VE BEEN TOGETHER NOW FOR A LITTLE OVER TWO WEEKS, IF WE INCLUDE THE INITIAL JURY SELECTION. WE DO APPRECIATE YOU. I'VE BEEN NOTICING THAT ALL OF YOU HAVE BEEN PAYING CAREFUL ATTENTION AND TAKING NOTES. LAST WEEK IN OPENING STATEMENTS, I TOLD YOU THAT YOU WOULD HEAR SOME TESTIMONY AND SEE SOME EVIDENCE, BUT WHAT YOU WOULD NOT SEE AS ANYTHING DIRECTLY LINKING ISAAC APEDACA TO THE CRIMES CHARGED IN THIS PARTICULAR CASE. I DO WANT TO SAY ONE THING BEFORE I START WITH MY PRESENTATION. NORMALLY, I DO LIKE TO KIND OF GET UP CLOSE AND PERSONAL, WALK AROUND AND TALK TO YOU AND KIND OF LOOK YOU MORE DIRECTLY IN THE EYE, BUT BECAUSE OF THE CIRCUMSTANCES OF THIS CASE AND MEDIA INVOLVED AND DIFFERENT THINGS, I AM LIMITED TO THE PODIUM, BUT THE GOOD THING ABOUT THAT FOR ME IS THAT I CAN KIND OF STAY ON SCRIPT AND I HAVE MY SCRIPT HERE SO I'M GOING TO TRY NOT TO GO INTO TOO MANY ASSIDES AND REALLY JUST GO INTO THE IMPORTANT DETAILS OF THIS PARTICULAR CASE. THIS IS OF COURSE A SERIOUS CASE AND YOU HEARD MS. MURPHY STATE THAT THERE WERE HOMICIDAL FANTASIES FUELLED BY ISAAC. THAT'S WHAT THE STATE TOLD YOU IN THEIR OPENING STATEMENT. WELL, LADIES AND -- OR CLOSING STATEMENT. LADIES AND GENTLEMEN OF THE JURY, THE EVIDENCE SHOWS SOMETHING TOTALLY DIFFERENT. THE EVIDENCE SHOWS THAT KIARA ACTED ALONE AND THE GOVERNMENT HAS NOT PROVEN THAT MR. APEDACA IN ANY WAY WAS A KNOWING PARTICIPANT. AND I'M GOING TO GO INTO THAT AND I'M GOING TO OUTLINE THAT. ISAAC DID NOT CAUSE, AID, OR ENCOURAGE THIS KILLING BY KIARA MCCULLY TO TAKE PLACE AS THE STATE WOULD LIKE YOU TO BELIEVE AND AS MS. MURPHY POINTED OUT THAT YOU'RE GOING TO HEAR A LOT ABOUT CAUSE, AID, OR ENCOURAGE. WELL, THAT'S NOT WHAT HAPPENED HERE. THE BURDEN AND PRESUMPTION IS THAT ISAAC IS PRESUMED INNOCENT AND THE BURDEN REMAINS ON THE STATE AT ALL TIMES. REASONABLE DOUBT IS A DOUBT BASED ON REASON AND COMMON SENSE AND I'M SURE YOU WILL EMPLOY YOUR COMMON SENSE WHEN MAKING YOUR DETERMINATIONS HERE TODAY. ATTORNEY'S STATEMENTS ALONE ARE NOT EVIDENCE. THE EVIDENCE IS TESTIMONY, EXHIBITS, AND STIPULATIONS. ISAAC IS PRESUMED INNOCENT UNTIL THE GOVERNMENT PROVES EVERY REQUIRED ELEMENT OF THE CRIMES BEYOND REASONABLE DOUBT. AND ISAAC HAS NO BURDEN TO PROVE HIS INNOCENCE. IT'S ON THE STATE AND THE STATE HAS TO PROVE EVERY ELEMENT. REASONABLE DOUBT MAY ARISE FROM WHAT THE EVIDENCE SHOWS AND FROM WHAT THE EVIDENCE DOES NOT SHOW ON MATERIAL POINTS AND AS YOU'LL SEE HERE THERE ARE A LOT OF MATERIAL POINTS THAT DOES NOT POINT TOWARDS ISAAC'S GUILT. THE ABSENCE OF DNA, FINGERPRINTS, BLOOD, INJURIES, PLANNING EVIDENCE, AND CONDUCT CONSISTENT WITH GUILT IS SIGNIFICANT HERE. AND IT IS REASONABLE DOUBT, CLEARLY. YOU KNOW, I KIND OF MADE THAT CHEESY LINE IN OPENING STATEMENT ABOUT I'M NOT GOING TO STAND UP HERE LIKE A USED CAR SALESMAN. THE REASON I BROUGHT THAT UP WAS ONLY TO PROVE TO YOU THAT I DON'T HAVE TO SELL YOU UNREASONABLE DOUBT IN THIS CASE. IT'S CLEAR. SO I'M GOING TO SHOW YOU SOME JURY INSTRUCTIONS THAT YOU'RE GOING TO GO BACK INTO THE JURY ROOM THIS WILL BE JURY INSTRUCTION 3. YOU ARE THE SOUL JUDGES OF THE FACTS IN THIS CASE. IT IS YOUR DUTY TO DETERMINE THE FACTS FROM THE EVIDENCE PRODUCED HERE IN COURT. YOUR VERDICT SHOULD NOT BE BASED ON SPECULATION, GUESS, OR CONJECTION. NEITHER SYMPATHY NOR PREJUDICE SHOULD INFLUENCE YOUR VERDICT. YOU ARE TO APPLY THE LAW AS STATED IN THESE INSTRUCTIONS TO THE FACTS AS YOU FIND THEM AND IN THIS WAY DECIDE THE CASE. SPECULATION, GUESS, OR CONJECTURE. YOU HEARD MS. MURPHY RECAP THE STATE'S CASE AND DISCUSS A LOT OF STUFF ABOUT ISAAC. BUT YOU ALSO HEARD THE TESTIMONY. AND EVERYTHING HERE IS BASED ON SPECULATION, GUESS, CONJECTURE IN REGARDS TO SOME MESSAGES AND PERHAPS SOME STATEMENTS THAT MR. APEDACA WAS COERCED INTO ADOPTING WHEN A TALENTED DETECTIVE, DETECTIVE VEHILL, CLOVERLY FRAMED A NARRATIVE FOR HIM TO ADOPT. ANOTHER INSTRUCTION YOU'RE GOING TO HAVE IS INSTRUCTION NUMBER 6. YOU ALONE ARE THE JUDGES OF THE CREDIBILITY OF THE WITNESSES AND THE WAIT TO BE GIVEN TO THE TESTIMONY OF EACH ITEM. IN DETERMINING THE CREDIT TO BE GIVEN ANY WITNESS, YOU SHOULD TAKE INTO ACCOUNT HIS OR HER TRUTHFULNESS OR UNTUTHFULNESS, HIS OR HER ABILITY AND OPPORTUNITY TO OBSERVE, HIS OR HER MEMORY, HIS OR HER MANNER WHILE TESTIFYING, ANY INTEREST, BIAS, OR PREJUDICE HE OR SHE MAY HAVE, AND THE REASONABLENESS OF HIS OR HER TESTIMONY CONSIDERED IN THE LIGHT OF ALL OF THE EVIDENCE IN THE CASE. NOW, US ATTORNEYS LIKE TO USE THE WORD REASONABLE AND REASONABLENESS, BUT YOU HEARD, I MEAN, THERE WERE SEVERAL WITNESSES WHO CAME HERE. THERE WERE SOME PEOPLE WHO CLEARLY HAD A BIAS. WE'RE GOING TO GET INTO MISS McCAULEY'S TESTIMONY AND WHAT SHE SAID WHEN I RECAP AND GET INTO THE SPECIFICS, I MEAN, POTATO SO TO SPEAK, OF WHAT WAS GOING ON. BUT LADY McCAULEY SOMETHING WAS HERE TO PROTECT HER DAUGHTER. SHE LOVED HER DAUGHTER AND WAS CONCERNED ABOUT HER DAUGHTER AND SAID WHAT WOULD SUIT HER. AND THEN YOU HAD OTHER WITNESSES, CERTAINLY KIARA McCAULEY, AND I'M SURE YOU PAID ATTENTION TO THE DIRECT EXAMINATION OF THE STATE OF MISS McCAULEY AND MY CROSS EXAMINATION, BUT THERE WERE SEVERAL INCONSISTENCIES, I'LL GET INTO THE DETAILS, AND SHE WAS PREPPED AND HAD MANY DIFFERENT INTERVIEWS, BOTH WITH THE STATE AS WELL AS POLICE AND HER ATTORNEYS. BUT YOU HAVE TO LOOK AT THE CREDIBILITY, INCLUDING OPINIONS BY EXPERTS. DR. WALNER WILL GET INTO HIM, SO I'M A CHARACTER, BUT YOU REALLY HAVE TO LOOK AT WHAT HE TESTIFIED TO AND WHAT THE WEIGHT OF HIS TESTIMONY, WHETHER IT REALLY IS LEGITIMATE. STRUCTURE NUMBER TEN. YOU SHOULD CONSIDER EACH OPINION RECEIVED IN EVIDENCE IN THIS CASE AND GIVE IT SUCH WEIGHT AS YOU THINK IT DESERVES. IF YOU SHOULD CONCLUDE THAT THE REASONS GIVEN IN SUPPORT OF THE OPINION ARE UNT SOUND, OR FOR ANY OTHER REASON AN OPINION IS NOT CORRECT, YOU MAY DISREGARD THE OPINION ENTIRELY. I THINK THAT'S IMPORTANT WHEN WE'RE LOOKING AT ALL OF THE WITNESSES, AND THERE WERE SEVERAL OPINIONS THAT WERE PRESENTED. NOW, THE STATE HAS TO PROVE ALL OF THE ELEMENTS OF THE CRIMES BEYOND A REASONABLE DOUBT, AS WE DISCUSSED IN JURY INSTRUCTIONS. THE FIRST CHARGE IS FOR YOU TO FIND THE DEFENDING GUILTY OF MURDER IN THE FIRST TO BE WILLFUL AND DELIBERATE AS CHARGING COUNT ONE, THE STATE MUST PROVE TO YOUR SATISFACTION BEYOND A REASONABLE DOUBT EACH OF THE FOLLOWING ELEMENTS OF THE CRIME. DEFENDANT KILLED GRACE JENNINGS. I'LL ACKNOWLEDGE THE STATE IS TRYING TO PROCEED HERE ON ACCOMPLISH LIABILITY. ALL RIGHT. BUT THE DEFENDANT AS IS AGREED BETWEEN THIS, ONE THING WE'LL AGREE WITH THE STATE ON, THE DEFENDANT DID NOT PHYSICALLY STAB GRACE JENNINGS TO DEATH. THAT WAS KIARA McCULLY. SO NOW WE'RE BASING EVERYTHING ON SOME MESSAGES, MAYBE A STATEMENT HE MADE TO THE DETECTIVE, DETECTIVE VEHILL, AND JUST VARIOUS OTHER CIRCUMSTANCES AND TESTIMONY. AND THEN THIS GRAND OLD NARRATIVE BY DR. WELLNER WHO I'LL GET INTO MORE LATER, BUT DR. WELLNER DIDN'T EVEN SIT DOWN AND MEET, DISCUSS THIS WITH MR. APEDACO OR WITH MS. MCAULI. AND THE IMPORANCE OF THAT IS THAT WHEN YOU'RE TRYING TO FORM AN OPINION, DON'T YOU HAVE TO FORM THAT OPINION, ESPECIALLY WHEN YOU'RE DOING AN EXPERT OPINION, ON MATTERS SUCH AS COERTION AND CONTROL BETWEEN TWO DIFFERENT INDIVIDUALS, DON'T YOU HAVE TO SIT DOWN AND TALK TO THEM UP CLOSE AND PERSONAL, KNOW WHAT'S GOING ON, KNOW THEIR, YOU KNOW, DIFFERENT QUIRKS OR DIFFERENT THINGS THAT MIGHT MAKE THEM SUCCEPTIBLE OR MAYBE NOT PRONE TO COERTION AND CONTROL OR VICE VERSA? HOW DO WE KNOW THAT KIARA MCAULI WAS NOT COERCIVELY AND CONTROLLED, CONTROLLED OVER ISAAC CAPEDACA? WHAT EVIDENCE DO WE HAVE ONE WAY OR THE OTHER? WHAT WAS GOING ON? ACTUALLY WE HAVE EVIDENCE THROUGH TESTIMONY AND DIFFERENT THINGS THAT KIARA WAS KIND OF RUNNING THE SHIP AND LANEY MCAULI, HER MOM, SOMEWHAT CONTROLING AND KIND OF HER MENTOR, RAISED HER AROUND SWORDS AND WAS A MENTOR TO HER AND KIARA ACTUALLY LIVED OUT HER FANTASY, HAD A DREAM. SHE DESCRIBED THE SWORD AS BEING THIS BEAUTIFUL SWORD. ELEMENT TWO, THE KILLING WAS WITH THE DELIVERED INTENTION TO TAKE AWAY THE LIFE OF GRACE JENNINGS OR ANY OTHER HUMAN BEING. THERE'S NOTHING HERE SHOWING THAT ISAAC CAPEDACA HAD ANY SORT OF DELIBERATE ATTEND AND I WILL GET INTO THE ACCOMPLISHED LIABILITY INSTRUCTION HERE SHORTLY. AND THEN THIS HAPPENED IN NEW MEXICO ON OR ABOUT OCTOBER 29, 2022. WE'RE NOT DENYING THAT THE KILLING TOOK PLACE ON OCTOBER 29, 2022. NOW THE ACCOMPLISHED LIABILITY INSTRUCTION. AGAIN, IT SAYS THAT THE DEFENDANT INTENDED THAT ANOTHER PERSON COMMIT THE CRIME. DID THIS DEFENDANT INTEND FOR KEYARA MCAULIY TO COMMIT THIS CRIME? THERE'S BEEN ABSOLUTELY NO EVIDENCE BEYOND SOME CRAZY TEXT MESSAGES THAT I'M GOING TO GET INTO AND BREAK DOWN HERE THAT ISAAC ABEDACA INTENDED FOR KEYARA MCAULIY TO COMMIT THIS CRIME. ANOTHER PERSON DID COMMIT THIS CRIME. WE'RE ACKNOWLEDGING THAT KEYARA MCAULIY COMMITTED THIS CRIME. AND THEN THE DEFENDANT HELPED ENCOURAGED OR CAUSED THE CRIME TO BE COMMITTED. THERE'S ABSOLUTELY NOTHING. AND I WANT YOU TO CAREFULLY LOOK OVER THOSE MESSAGES. AND I'M GOING TO GO OVER SOME OF THE MESSAGES, SOME OF THE SPECIFIC MESSAGES, AND EXPLAIN TO YOU WHY THERE'S NOTHING SHOWING THAT THE DEFENDANT HELPED ENCOURAGED OR IN ANY WAY CERTAINLY CAUSED THIS CRIME TO BE COMMITTED. NOW ONE THING THAT'S IMPORTANT FOR YOU TO -- FOR ME TO DISCUSS IS IF YOU FIND THE DEFENDANT -- IF YOU FIND THE DEFENDANT NOT GUILTY OF FIRST-DEGREE MURDER THEN THERE'S HIS INSTRUCTION AS TO SECOND-DEGREE MURDER. WE DON'T BELIEVE DEFEND -- AND I THINK IT WILL BE PRETTY CLEAR WHEN YOU START DELIBERATING THAT MR. APEDACA IS NOT GUILTY OF MURDER AT ALL HERE. BUT YOU DO HAVE TO CONSIDER, AND I DO HAVE TO SHOW YOU THIS, THE INSTRUCTIONS FOR SECOND-DEGREE MURDER. AND THIS TAKES OUT THE DELIBERATE INTENT PORTION OF THE ANALYSIS. SO THE DEFENDANT KILLED GRACE JENNINGS. THE DEFENDANT KNEW THAT HIS ACTS CREATED A STRONG PROBABILITY OF DEATH OR GREAT BODILY HARM TO GRACE JENNINGS. NOW, YOU KNOW, I DO HAVE THE PLEA UP HERE. I'M GOING TO SHOW THAT TO YOU IN A BIT. BUT MS. MCCAULI'S PLEA WAS TO SECOND-DEGREE MURDER. AND CERTAINLY SHE KNEW THAT THERE WAS A STRONG PROBABILITY OF DEATH OR GREAT BODILY HARM TO GRACE JENNINGS, BUT NOTHING HERE SHOWS THAT THE DEFENDANT IN ANY WAY HAD ANYTHING TO DO WITH WANTING GRACE JENNINGS DEAD AND INTENDING FOR THIS TO HAPPEN. AND THEN WE WOULD OF COURSE GO BACK TO THE ACCOMPLISH LIABILITY JURY INSTRUCTIONS IN REGARDS TO ENCOURAGING AND CAUSING. AND THEN THERE'S ALSO A CHARGE OF CONSPIRACY TO COMMIT FIRST-DEGREE MURDER, WOEFUL AND DELIBERATE, AS CHARGING COUNT TWO, THE STATE MUST PROVE TO YOUR SATISFACTION BEYOND A REASONABLE DOUBT EACH OF THE FOLLOWING ELEMENTS OF THE CRIME: THE DEFENDANT AND ANOTHER PERSON BY WORDS OR ACTS AGREED TOGETHER TO COMMIT MURDER IN THE FIRST-DEGREE, THE DEFENDANT AND ANOTHER PERSON INTENDED TO COMMIT MURDER IN THE FIRST-DEGREE, AND THIS HAPPENED IN NEW MEXICO ON OR ABOUT OCTOBER 29, 2022. ABSOLUTELY NOTHING SHOWING THAT THE DEFENDANT INTENDED TO COMMIT MURDER IN THE FIRST-DEGREE, AND THAT THERE WERE WORDS AND ACTS, AS FAR AS ANY SORT OF LEGITIMATE AGREEMENT. OKAY? SO I WANTED TO JUST GO OVER THOSE JURY INSTRUCTIONS WITH YOU, BECAUSE I THINK IT'S IMPORTANT FOR YOU TO KIND OF UNDERSTAND WHAT YOU'RE DOING YOUR ANALYSIS. BUT IT'S GOING TO BE PRETTY STRAIGHTFORWARD, AS I'M PRETTY SURE YOU WILL REALIZE WHEN YOU GET TO THE DELIBERATION ROOM. SO NOW, I DO THINK IT'S IMPORTANT TO SHOW YOU THIS BECAUSE THERE'S A JURY INSTRUCTION IN REGARDS TO HOW INTENT COULD BE FORMED AND DIFFERENT THINGS. AND THEN WITH DR. WELLNER AND THE STATE HAS HARPED ON THIS APRIL 2022 DISMISSED CHARGE. I DID INTRODUCE THIS AND THIS CLEARLY SHOWS THAT THAT WAS DISMISSED. AND I THINK IT'S ALSO IMPORTANT FOR YOU TO UNDERSTAND THAT WHEN YOU'RE EVALUATING DR. WELLNER'S TESTIMONY. BECAUSE DR. WELLNER HAS NO IDEA OF THE CONTEXT OF WHAT WAS GOING ON IN APRIL OF 2022, OTHER THAN HIS FILE REVIEW AND TESTIMONY. I MEAN, PRETTY MUCH HE'S REGURGITATING WHAT WAS SAID AND HE WAS OF COURSE PAID, FLEW IN HERE FROM PALM BEACH, FLORIDA, BY THE STATE, TRAVELS THE COUNTRY TO TESTIFY WHEN HE'S PAID. AND THEN HE WANTS TO MAKE THIS GRANT ANALYSIS. THE CASE IN APRIL 2022 WAS DISMISSED AND THERE'S NOTHING ANYWHERE IN DR. WELLNER'S ANALYSIS THAT CAN DEMONSTRATE THAT HE ACTUALLY KNEW WHAT THE CONTEXT OF THAT DISMISSAL WAS AND WHAT WAS GOING ON THERE. AND THEN THERE WAS OF COURSE HERA'S PLEA AND SHE PLED TO SECOND DEGREE MURDER AND CONSPIRACY TO COMMIT FIRST DEGREE MURDER AND SHE HAD AN INCENTIVE HERE TO TESTIFY AGAINST MR. APBEDACA. NOW, IN REGARDS TO THE CONSPIRACY AND THE ACTUAL CHARGE OF MURDER, THERE WAS NO PROOF, ABSOLUTELY NO PROOF, THAT ISAAC WAS PRESENT FOR THE KILLING. THE CASE AGENT ADMITTED NO EVIDENCE THAT ISAAC WAS IN THE GARAGE WHEN GRACE WAS KILLED AND THERE WAS NO EVIDENCE PRESENTED THROUGH ANY OTHER WITNESS. ISAAC HAD NO BLOOD ON HIM, NO CUTS ON HIS HAND. SERGEANT VEHO COULDN'T REMEMBER ANY CUTS ON HIS HAND AND THERE WERE NO EVIDENCE OF THAT. AND THERE WERE NO BLOOD, THERE WAS NO BLOOD ON MR. APBEDACA'S CLOTHES. I THINK THIS IS VERY IMPORTANT. I MEAN, DON'T YOU THINK WITH ALL THAT BLODSHED AND EVERYTHING GOING ON IN THERE, THAT THERE WOULD BE SOME BLOOD ON MR. APBEDACA? NO, ABSOLUTELY NONE. Lainey McCauley DIDN'T WITNESS THE GARAGE EVENTS, DID NOT SEE ANYONE BEING HARMED BY ISAAC, HAD NO PERSONAL KNOWLEDGE OF WHAT HAPPENED IN THAT GARAGE. Lainey DID NOT KNOW WHETHER THE GARAGE DOOR WAS LOCKED THAT MORNING. KIARA AND GRACE HAD A DETERIORATED RELATIONSHIP. Lainey AGREED ON THE STAND THAT GRACE COULD EASILY PROVOKE KIARA. THE SWORD WAS ASSOCIATED WITH KIARA'S AMAZON ACCOUNT AND KIARA OPENED IT IN FRONT OF HER MOM. EVERYONE TOUCHING THE SWORD WHEN IT ARRIVED BUT THERE'S NO FINGERPRINTS OR ANY D.N.A. LINKING MR. APBEDACA TO THE SWORD. KIARA MCAULI'S CREDIBILITY BEFORE YOU HERE YESTERDAY. IT WAS LIKE A LOT LONGER THAN THAT BUT HERE YESTERDAY. HER CREDIBILITY IS NEXT TO NILL. SHE ATTRIBUTED EXTRAORDINARY BELIEFS TO ISAAC. INCLUDING THAT HE WAS THE ARCHANGEL GABRIEL. AND MADE WILD STATEMENTS THAT ISAAC DISCUSSED A GROUP CALLED GHOST AND DESCRIBED GHOST AS A VIGILANTE GROUP THAT KILLED PEOPLE CONSIDERED TO BE BAD. LADIES AND GENTLEMEN WAS ABSOLUTELY RIDICULOUS. THOSE CLAIMS MAY EXPLAIN KIARA'S CURRENT NARRATIVE BUT THEY DO NOT ELIMINATE ANY SORT OF REASONABLE DOUBT AS TO MR. APBEDACA'S INVOLVEMENT. MESSAGES HERE DO NOT EQUAL PROOF BEYOND A REASONABLE DOUBT. STATE WILL RELY ON FACEBOOK MESSENGER COMMUNICATIONS. EVEN IF SOME OF THE MESSAGES WERE SENT FROM MR. APBEDACA'S ACCOUNT, THE LEGAL QUESTION HERE REMAINS INTENT ASSISTANCE IN ANY SORT OF AGREEMENT. ISAAC TOLD POLICE THAT SOME MESSAGES WERE SENT BY KIARA USING HIS ACCOUNT FROM A SECOND PHONE. THEY LOCATED A SECOND PHONE BUT NOTHING WAS REMOVED FROM THAT EXTRACTION. SERGEANT VIGIL TESTIFIED THAT THE STATE LATER RELIED ON FACEBOOK RECORDS AND PHONE LOGS TO CONNECT MESSAGES TO ISAAC'S PHONE. YOU MAY CONSIDER THAT BUT IT'S STILL NOT PROOF THAT EVERY ELEMENT WAS MET BEYOND A REASONABLE DOUBT. IN REGARDS TO INVESTIGATION GAPS, THERE WERE BLOOD ON THE DOOR. I ASKED MR. VIGIL ABOUT THAT, DETECTIVE VIGIL, EXCUSE ME, IF THE HOUSE WAS, THE BLOOD ON THE DOOR TO THE HOUSE WAS DNA-TESTED AND IT WAS NOT. THE GARAGE WAS MESSY AND IT WAS BASICALLY AN INVESTIGATIVE DECISION NOT TO LEAVE EVERY STONE UNTURNED. I MEAN, NO STONE SHOULD BE UNTURNED IN AN INVESTIGATION LIKE THIS. BUT A LOT OF EVIDENCE WAS NOT TESTED OR EVEN LOOKED AT. IN A CASE LIKE THIS, IT'S VERY IMPORTANT THAT ALL OF THE EVIDENCE IS PROPERLY LOOKED AT. MS. MCCULLY STATED IN HER TESTIMONY THAT SHE COULD NOT HEAR SCREAMING FROM THE GARAGE BECAUSE IT WAS 27 FEET AWAY. [01:02:47] Speaker 1: SIR, I NEED YOU TO SIT DOWN. [01:03:12] Speaker 3: THIS TATE MEASURE IS ABOUT EIGHT AND A HALF FEET LONG. SO WE WOULD BE TALKING ABOUT FROM THIS DOOR, FROM THE DOOR OVER HERE TO RIGHT ABOUT HERE. WE'RE TALKING EIGHT AND A HALF FEET. IF YOU MULTIPLY THAT BY THREE. I AM PRETTY DECENT AT MATHING, BUT EIGHT AND A HALF BY THREE. THAT WOULD BE ABOUT 25 AND A HALF FEET. YOU NEED ABOUT ANOTHER FOOT AND A HALF. SO YOU'RE TALKING HERE. TIMES TWO WOULD BE UP TO THERE. TIMES THREE WOULD BE PROBABLY WHERE Y'ALL ARE SITTING. AND THEN MAYBE ANOTHER FOOT OR TWO WOULD BE THE NEXT ROLE BACK THERE. SO WE'RE SUPPOSED TO BELIEVE THAT LANEY MCCAULIY COULD NOT HEAR HER DAUGHTER HERO MCCAULIY STABBING GRACE TO DEATH. WITH THE SWORD WHICH HAS HER DNA ON IT. RIGHT MIDDLE FINGER. DNA RIGHT HERE. PALM RIGHT HERE. ON THE LEFT HAND SIDE. HOLDING IT LIKE THIS. AT THE VERY LEAST. AND THEN. CERTAINLY. SHE WAS STABBING. MS. JENNINGS TO DEATH. FOR TWO MINUTES. LET'S SAY TWO MINUTES OFF THE CLOCK. IT'S 11:55. PLEASE SILENT UNTIL 11:57. [01:05:29] Speaker ?: PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:57. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. [01:06:57] Speaker 3: PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. PLEASE SILENT UNTIL 11:58. those two minutes so we're talking basically from that door roughly to the top row or your city and Kiera is actively stabbing grace to death you don't think that there was screaming but there were loud noises and during all this time there's Laney McCauley who clearly has for reason to protect her daughter so she didn't hear anything I remember Isaac called his mom who called 911 and Isaac waited at the AP wireless store and was extremely cooperative with authorities these gaps matter ladies and gentlemen because the state is asking you to reconstruct essentially circumstantially saying whether mr. Alpadaca somehow had intent or timing presence and participation none of which is present here sergeant vio in regards to the interrogation real but I'm not picking on detective vio excuse me I mean I think he's very talented at what he does but these interrogations are not reliable common tactics I asked dr. Welner he did provide some some decent insight maybe into of course course interrogations course confessions I don't necessarily mr. Abadaca confessed but he may have adopted to some of the stuff that mr. our doctor of detective vio was talking about because he just I mean he was basically told to accept this narrative and he didn't really feel like he had any other choice but to accept that narrative as I cooperated he answered questions did not ask for counsel did not become confrontational sergeant vio he had also told that Isaac that he was going to go to jail before interviewing Chiara and before completing the investigation sergeant vio used pressure statements you can hear from the when you play that when you're in the deliberation room we heard it when we were when it was played before you but sergeant vio used pressure statements such as dude I'm not dumb and it's over own it sergeant vio at that time did not know whether Isaac was sleep-deprived he did not ask about medications or medical diagnosis was not trained to recognize psychological stress he did not ask about education or reading disability or difficulty or disabilities for that matter interrogation they show pressure and confusion but nothing there properly states that mr. Abadaca was in any way accepting anything in regards to responsibility in this case he was pressured into accepting a narrative and the state also wants to make this whole argument about coercion and control you saw him on that interview he seemed coercive and controlling at all I mean I hate to say this but I think we're in the middle of July I know it's a little cooler here in Santa Fe than other parts of the country but Isaac can sell me a free air conditioner in the middle of July and he is not coercive or controlling not demonstrate any of those traits I mean if anything he was just scared and didn't know what what to do and was this kind of agreeing with this narrative that detective Vigil was shoving down his throat now as far as the forensics dr. Helmer did prove that there was a homicide she did explain that she didn't say anything about Isaac's guilt grace had more than 20 sharp force injuries but pathology did not identify Isaac as a killer dr. Helmer could not determine the exact time of death scientifically but stated that it took around two minutes the pronounced time of death I mean it was not the actual time of death she wasn't sure but sergeant Vigil admitted that he didn't do any independent forensic analysis to determine how long the attack took and he kind of just told Isaac oh it you know it wasn't 30 seconds to two minutes and Isaac this was mean to anything basically means anything that detective Vigil was telling him him but Emily homework the witness clearly testified that it did take about two minutes case ladies and gentlemen is about proof it's not about suspicion again guests conjecture speculation that's not what it's about it's not about suspicion case is not about whether something terrible happened to grace it did cases about whether the government proved beyond a reasonable doubt that Isaac knowingly took part in it the evidence points towards Kiera her sword her jealousy as we'll get into her planning her hands her DNA her fingerprints her flight her cleanup and her ultimate rage that had been building up for many many months and years evidence does not point to Isaac Abedaka so the tragedy but it's not proof proof of anything involving Mr. Abedaka state approved will acknowledge I told you this in opening that some of our arguments kind of overlap the state did prove that grace Jennings died by homicide it did not prove the state did not prove beyond a reasonable doubt that isaac abedaka is legally guilty of first-degree murder or an accessory to any sort of murder or guilty of any sort of conspiracy the case agent admitted no evidence detective Vigil no evidence is presented that isaac was in the garage when grace was killed isaac had no blood on him no cuts on his hands that sergeant Vigil could remember and no blood on his clothes Laney McCulley did not witness the garage events that see isaac harm anybody and had no personal knowledge of what happened in that garage Laney did not know whether the garage door was locked that morning now Kiarra Kiarra and grace had a deteriorated relationship Laney agreed she testified that grace could easily provoke Kiarra the sword was associated with Kiarra's Amazon account and Kiarra opened it in front of her mom Laney as far as Kiarra's credibility is concerned I mean you heard her testify she had again the archangel Gabriel the vigilante group I mean this is all ridiculous absolutely no evidence was presented of any sort of group let alone ghost group or any of that let alone any of this being discussed between isaac and grace I mean those claims may explain Kiarra's current narrative convenient narrative whatever you want to call it but they do not eliminate reasonable doubt when it comes to Mr. Apodaka you're at always like swords here's mother was a member of a medieval sword club Kiarra grew up around a strong woman lame I think we can agree that her mom strong person saw how she testified her mom strong person saw how she testified Isaac on the other hand he did a place to crash you the place to stay and he was at their mercy needed to agree with anything that Laney and Chiara wanted needs to acquiesce and again I keep another user word acquiesce mere presence and it you can't prove accompliability merely by presence or acquiescing has to be based on the elements that are presented to you so it's important to ask where is mr. Abedaka in all this again the weapon here is DNA and fingerprints Ricks clearly present on the sword as Emily Helmer testified to dr. homework Isaac's DNA fingerprints were completely absent he was calm cooperative someone until I mean clearly he was he was he was nervous and disturbed about what happened but he was certainly shaken up about what happened around him but there was absolutely no blood on mr. Abedaka there were no cuts no scratch I mean there was the little scratch that mr. Abedaka described was a product of miss McCauley poking him with the sword but there were no significant injuries indicative of any sort of bloodshed that would be or a byproduct of anything that would be a result of stabbing of that nature now again DNA as I showed you was present on the sword sword handle curious fingerprints were present on the sword handle the graces DNA was present on bloodstains from the actual blade blade of the sword Isaac's DNA was not present on the sword Isaac's fingerprints were not present on the sword and based on fingerprints and DNA results here would have had to have handled the sword with both hands as I demonstrated to you when they're showing the right middle finger and the left palm I mean Isaac's DNA and fingerprints virtually absent from all critical evidence in this case fingerprints were not found on the sword the sword sheet dagger or dagger sheet. DNA was eliminated from the sword blade trace's blood sword handle the blue sweater with grace's blood on the cuff the tissue with Kiarra's blood all of the wall and bedding swabs with grace's blood and most critically from both of grace's fingernail clippings including the DNA under the fingernails so there was nothing linking Isaac I think it's also important note that Kiarra had all these conflicting crazy stories right talking about how Isaac had handed her the sword at once and she had a more trimmed down testimony here when she when she testified before you but then I talked to her about her previous interviews and and different wild accusations she made about Isaac handling the sword of swinging the sword or different things but as the evidence played out and as she was prepared either for trial or for interviews as they progressed she changed I mean initially she talked to the officers or detective vio without her attorney president she didn't have an attorney at that time and she didn't really say anything but Isaac then she was charged and all of a sudden she has these wild allegations against uh mr abedaka she had her attorneys present with her during that interview and then the third time in the third interview with myself present here in actually this very courtroom I believe and uh mr meek my investigator the president she turned that back a little bit and then before you hear yesterday she had another term version before after she was prepared to testify before you and then the drinking she initially said that she had a few sips of alcohol then actually when she had her attorneys present and she was talking to the state and she was talking to the state right before she took a plea agreement she said she drank a bottle and a half of Jack Daniels okay I'm not an expert on alcohol use I hope I'm not but I mean I would think that a bottle and a half of Jack Daniels over the course of a day is an extreme amount of alcohol how can we believe that she remembers anything oh my doctor testified that grace was um underweight and was about 111 pounds I think 111 pounds five foot nine inches bottle and a half of Jack or initially she said a few pints when right before she got arrested or a few sips excuse me and then yesterday she said a pint this gentleman jury her testimony is cannot be taken seriously at all completely contradictory between every interview she did and likelihood is she may just have been really really drunk I don't know maybe that would explain why she stabbed somebody dead several times I mean someone with a deep level of anger like that must have come with an extreme level of provocation now css tenna did a great job with the forensic report you saw that with the forensic work and did not put isaac's dna on the sword or anything that links him to this killing as far as uh as far as uh kira's uh you know again no blood on isaac as far as the bloodshed there were no band-aids on isaac a band-aid box was found in the detached garage kira had band-aids on her that evidence is consistent with kira handling the weapon not isaac state's trying to point and basically paint isaac in the worst light possible but there's absolutely no evidence of him having any sort of involvement in this case kira's the one who discussed this big or maybe maybe she didn't say big but she said beautiful sword stated that her mom taught her how to use swords and then she lived out her fantasy after getting her own sword kira's mom again was a part of these sword clubs and test and kira testified their mom was almost like a mentor to her so basically it comes down to this i mean the sword is the central object in this killing kira's on the sword grace is on the blade isaac is nowhere to be found as far as any sort of dna or anything motive and rage belong to kira here kira was jealous of grace and isaac kira acted out of rage and extreme provocation by grace grace had provoked kira over the years and kira told grace to apologize as she stabbed her to death and that's also important to note when you're standing over you're not going to i'm not going to be dramatic with disorder in regards to this and this is serious stuff but i mean kira is standing over grace asking her to apologize i think you need to think about that for a second if they're saying that isaac abedaka somehow coerced and controlled or caused miss macaulay to do this are we supposed to believe that when she's basically standing over her with the sword and telling her to please apologize and then she'll stop i want you to think hard and deep about that i mean using a sword as um my co-counsel uh mr cameron uh pointed out i mean using a sword in this case demonstrate that said kira was up close and personal with grace it's not like somebody shooting a gun from a distance or anything like that it's up close and personal with this sword you're stabbing somebody in close range i can't stab you from over here throw a sword at you but i can't i can't i can just stab you from over here like i could shoot you with a gun sword killing is an intimate violent and personal act post-mortem wounds mr cameron also got into that according to all my all seven wounds on the head and neck were post-mortem after death oh my tested testified that the post-mortem wounds could have also killed grace had she been alive ladies and gentlemen this killing took place with so much rage so much anger so much passion by miss mccauley and how are we to believe that isaac somehow coerced and controlled her to do this it's ridiculous it doesn't add up kira's contradictions and laney mccauley's motive to protect her daughter they were the ones who orchestra well i'm sorry i mean laney mccauley did not orchestrate this but clearly they were the ones who were coercive and controlling over mr apodaca mr apodaca may have just been maybe sending some messages an agreement or whatever because he just needed a place to crash and of course let's get to dr welner dr welner is a red herring in this case ladies and gentlemen it's red herring the case we believe is a weak case for the state the state is trying to make you believe that isaac was somehow coerced and controlled or isaac i'm sorry somehow coerced and controlled miss mccauley so then they bring in dr welner the government wants to explain all of this bloodshed the state through this coercion and control the sword the dna the fingerprints the band-aids the washer still running the flight the jealousy the post-mortem post-mortem wounds excuse me point to kiera acting alone physical evidence again does not put isaac on the sword isaac had no blood on him isaac had no real cuts here ran while isaac cooperated jara had the sword sword the motive the planning the dna the fingerprints and the rage dr welner's so-called expert testimony ladies and gentlemen of the jury should be taken with a grain of salt i don't normally say that i mean he's an expert i understand that but as i told you earlier travels the country he was flown in here from palm beach florida testify for the state he was paid by the state to make this argument without interviewing the subjects of this situation without looking into or finding out any real detail about that 2022 case that was dismissed and then he also goes into this analysis about the grand the stuff about you know all this stuff the sex work and all this stuff that's those are all red herrings ladies and gentlemen none of that should be considered i mean it's not instruction again there's also an expert opinion jury instruction and you you it's up to you to determine the weight that that deserves i'll tell you this dr welner's testimony deserves absolutely no weight so ladies and gentlemen i mean the government did not prove that isaac committed the crimes alleged here care order the sword this is a result of jealousy suspicion is not proof association is not proof being near kiara is not proof again mere presence is not alone joking around it's not proof i don't want to use the term hyperbole but i mean there are certainly yeah we can't really take these messages we got to take the messages in in its proper context i mean grace jennings was isaac's ex-girlfriend with when we maintained a friendly relationship grace proactively contacted isaac seeking a place to stay welcome to her into into their house there was really no evidence of any real pre-existing conflict between isaac there was certainly pre-existing conflict between kiara and grace but nothing between isaac so um i mean i guess there was i mean you can talk about real world intent and these text messages text-based puffing i mean in the text stream at 12 54 a.m isaac explicitly told kiara in the text stream to show compassion and reject violence then there's that bizarre message about i mean that the state wants to talk about with moving up the rank blake black market heads and bitcoin payouts and all of this i mean that's just basically an echo chamber that's not anything that's legitimate in regards to any sort of intent that mr albedaca had in regards to any to do anything towards miss jennings isaac explicitly texted at 559 a.m yes i want to help but i cannot coach you to do but then he backed out he said uh he has a volatile partner she's going through delusions it's basically telling her what she wants to hear she's like i cannot aid you i don't want to he doesn't want anything to do with this isaac isaac generally tried to de-escalate the matters and discussed a non-violent strategy i mean the text messages i'm not going to i'm not going to sugarcoat them they're certainly disturbing especially during what happened here but there's nothing showing that these messages was any sort of or any sort of legitimate acknowledgement by mr albedaca that he was intending encouraging or causing this murphy articulately said articulated there was nothing that he was intending encouraging or causing kira to commit the crime and again ladies and gentlemen remember mere presence or acquiescence alone is not enough to find somebody guilty of murder as an accomplice this was about kira's beautiful sword this was kira's plan kira's jealousy kira's rage kira's flight kira's cleanup kira's dna kira's fingerprints this had absolutely nothing to do with isaac's knowing participation no proof beyond a reasonable doubt was clearly presented here so the state they did prove a tragedy here they did prove suspicion but they did not prove that isaac abedaka is guilty beyond a reasonable doubt only verdict here ladies and gentlemen is not guilty of first-degree murder not guilty of second-degree murder and not guilty of conspiracy to commit murder state is asking you to ignore essentially what is missing in this case and look away from what is present for you to determine whether somebody is guilty beyond reasonable you have to look at the evidence but also the absence of evidence which is very glaring in this case only verdict here ladies and gentlemen is again not guilty of all the counts thank you for your time and on behalf of my defense team mr cameron mr avidaka and mr meek we appreciate the work that you've done and you're putting into this case thank you [01:32:48] Speaker 1: ladies and gentlemen