TikTok Star Murder Trial: Closing Arguments — CA v Ali Abulaban

[00:00:00] Speaker 1: He doesn't have to be angry at the person to have intent to kill, but we know he was. So we have proven to you to express malice. Both types of malice are present in this case. We have proven to you the defendant had the intent to kill. So he is guilty of secondary murder at the very least, because he had both types of malice. But there are murders that graduate to the first degree, and this is one of those cases. A murder graduates to the first degree if it's also willful, deliberate, and premeditated. First degree murder is expressed malice plus willful, deliberate, and premeditated. Willful means you intend to kill. You have this jury instruction in your packet as well. Deliberate means that the defendant carefully weighed the considerations for and against killing, and decided to kill knowing the consequences. That's what he did. Premeditated. Premeditated. The defendant decided to kill before he shot Anne and Ray. All of the elements of first degree murder have been proven. Let's talk about the state of mind of a killer. You have to look at his words, actions, and conduct before, during, and after the killing. First degree murder means you have to have thought about life, thought about death, and chose death. And that's what the defendant chose here. And that's what the defendant chose here. He thought about life. He thought about death. He wanted to kill Anne and Ray, and he chose death. I don't have to prove, I don't have to make a pro and con list. I don't have to prove the defendant made a pro and con list. Just that a cold, calculated decision to kill can arrive quickly, can be reached quickly. The test here is the extent of the reflection, not the length of time. It's 4th of July, and you want to go to the beach. And you're driving to the beach, and you're driving around, and all the parking spots are full. Every parking lot is packed. The street is lined with cars. You drive around for 20 minutes, looking for a spot. You start to get frustrated. And you're driving on a main street, you're approaching a traffic light, and you see a car pulling out on the opposite side of the road. And you want to get that spot. Because you want to get to the beach. But you have to make an illegal U-turn to get that spot. Because your other option is driving around, making left or right turns at traffic lights, to turn around to try to get that spot. And you see cars coming in the distance. And you know they might want that spot. So you have to make a decision quickly. Do I make an illegal U-turn and take that spot? Or do I wait and drive around the block, hoping the spot's still available? So in that moment, you decide to make that illegal U-turn and you got that spot. Now you didn't wake up that morning planning to violate the law. [00:03:41] Speaker ?: You didn't want to get a ticket. [00:03:42] Speaker 1: You didn't want to get a ticket. But you made a decision because you wanted to get that parking spot. That is premeditation and deliberation. Like that. Snap of a finger. That's how long it can take to make the decision to deliberate and premeditate and kill somebody. I don't have to prove to you that the defendant premeditated and deliberated for months, weeks, days, hours, even minutes. What I have to prove to you is that he thought about life. He thought about death. He could make that decision quickly. But we know he did think about death well prior to October 21st. We know he had thoughts about killing, and we especially know that he had thoughts about killing Anna and Ray, or any man she was with, days prior. What other choices could the defendant have made instead of killing Anna and Ray? When he heard Anna and the other man, when he was in the hotel, he already knew at that moment that she was with another man. He could tell by the conversation they were having. They were giggling. He knew it wasn't police or anyone else. He knew that was an intimate conversation. And he knew at that moment that Anna had been seeing someone else and was with someone else in the apartment. What else could he have done instead of going over to kill them? He could have went and cooled off. He could have went to have smoke, smoke his jewel, go have a drink. He could have gone to a bar. He could have gone to work. He could have gone to LA with Sammy. He could have gone to hang out with a friend. He could have punched Ray when he walked in instead of killing him. He could have pushed Anna or been violent with her in all the ways he had been violent with her in the past. He could have yelled at them. He could have divorced Anna. And I asked him many of those questions. You could have done all of those things. You didn't. You instead drove to the Spire to go kill Anna and Ray. What were his other choices? He could have not gone into the apartment to activate the Discord application in the morning. He could have not gone to the apartment once he heard the voices. He could have just done one of his usual recordings on his phone, on the Discord application or otherwise, to prove to everyone in life that Anna was cheating on him. That's all he had to do. He got his proof. He heard it. He could have captured that on his phone and that would have been it. But no. He had to go kill them. He could have not brought the loaded gun to the apartment. If he wanted to confront Anna and Ray, or Anna and whatever man he thought she was with, about cheating on him, he could have just gone there again. He could have punched someone, yelled at them, recorded them, and left. He could have done that to get the proof that he wanted so badly. He did not do that. And he didn't have to bring a gun. He could have gone there to talk to them, catch them, record them, and that would have been it. But he chose to bring a loaded gun to a place where no one knew he was coming. He could have chosen not to bring ammunition. But he did. He brought a magazine. You know how many bullets were in there? At least six. He could have chosen not to enter the apartment. I asked him multiple questions about every time he went to the apartment. He was in the garage, the elevator, running to the apartment. At any point he could have stopped and changed his mind. When he was in the parking garage, he could have turned around. When he was in the elevator, he could have gone back down. When he ran to apartment 3508, he could have turned around. He didn't. He wanted to go into the apartment to kill them. He could have not fired the first shot. He could have went in the apartment, saw them on the couch, take a picture of them, and left. But no. He fired the first shot. He wrapped the gun and fired, and then there was a small pause. He could have decided at that moment not to fire the second shot. Maybe he missed the first shot. He could have said to himself, "Oh, I shouldn't do this." No, he didn't. He could have chosen not to fire the second shot. Not to fire the third shot. Not to fire the fourth shot. Not to fire the fifth shot. We know those shots were all at Ray. He killed Ray first. And Adam was still alive. And she screamed. Screaming for mercy. And the defendant could have decided at that moment not to kill her. He knew he already killed Ray. He planned to do that first. He was going to get his revenge on the guy first. And have Anna watch that. And he stood in front of Anna. And he could have decided not to kill her. But he didn't. He shot her. He wanted her dead. Because she didn't respect him. Let's look at all the choices he made. Showing his premeditation and deliberation. He entered the apartment in the morning. He immediately activated that Discord application. He tried to tell you he did at the end. No he did not. He activated it two minutes after he got off the elevator. He hid the iPad so no one would see it. So Anna wouldn't see that he was spying on her. He trashed the apartment. He trashed the apartment. Made all these willful choices. He willfully spied on Anna. Listened to her conversations. Waited to catch her with another man. He caught her that day. He was pretty quick. He immediately left his hotel with his gun and his ammunition. He drove to the spire. He told his friend do not contact Anna. Because he wanted to ambush them. He armed himself with that loaded gun. He holstered his gun. He walked to the elevator. You saw him. Those pictures in the video with him. Tightening his belt. Because he already armed himself. He pressed play on his phone. To do that audio recording. Before he entered the elevator. He pressed the 35th floor. He rode the elevator. And then he ran to the apartment. These were all conscious, willful decisions that he made. Let's talk about his willful choices during the killing. He pulled out the gun. Then he opened the door. He had already had his plan in mind. Because there was no time for him to take that gun out once he got inside. He immediately fired. He opened the door. He wrapped that gun. A little over one second later. He pointed that gun towards Anna and Ray. He put his finger on the trigger. And he fired the first shot. And then a second or two later. He wrapped the gun again. He walked towards Anna and Ray. He put his finger on the trigger. And he fired four more shots. All willful decisions. Then he stood in front of Anna. He wrapped the gun again. And he fired a shot into her head. And before he did that, he said respect. Because she didn't respect him. She was with another man. So he put his finger on the trigger. Fired the last shot into her head. Let's talk about all his willful choices after the killing. He took a photo of his dead victims. He did that on purpose. He was proud of what he did. He left the apartment without rendering any first aid. Why did he not do that? Because he didn't want them to live. He went back into the Anna. So that his neighbors would think that he just found them. Just like he said on his 911 call. He left the apartment. Then he called his mother. He did not call 911 to get help for his victims. He called his mom. And he confessed to the murders. And she told him you need to get them help. And that's the only reason he called 911. He left the building. And then he texted a photo of the dead bodies to his mother. And then he separately texted a photo of the dead bodies to his father. These were all willful decisions that he made. He had to go into his phone and click on that photo. And send it to his mom. And then separately send it to his dad. And then five minutes after that separately send that photo to Sammy Smith. He knew what he was doing. He went down to his car. And he put away his gun and his holster. Because he was hiding his evidence. He took the magazine out of his gun. He emptied whatever bullets were inside the magazine. He put his holster in the safe. He put his gun in the safe. And he locked it. Then he called 911, claiming he just found the victims. Starting to build his defense. He drove to Amira's school. He told Amira that he killed her mother. He spoke with both of his parents. Had conversations with them multiple times. He had multiple text messages with his mother. Making a plan with Amira. He wanted to leave town. He told his mom, "I can't hide with Amira forever. I want to leave." He wasn't going to turn himself in. He wanted to leave. And he told his mom that. And he was trying to get out of town. But the officers were already behind him. He knew he had been caught. And then he asked the police calmly, "Do they get my wife?" You already know she's dead. You took photos of them. And you told your mother that she's dead. And at every point during October 21st, you did not see one tear coming from his eyes. Not when he called his mom. Not in the hallway. Not when he was calling 911. She was calm at the beginning of that call. And then he was starting to claim, "Oh, it was so horrible." He did that. And all the surveillance and a body-worn camera. Not a tear. No remorse. He could have stopped after any one of those willful choices. But he did not. These murders of Anna and Ray were deliberate and premeditated. This is first-degree murder. Well, let's look at the other evidence that we have. History repeats itself. You heard a lot of evidence about prior violence in this case. And you can consider that in deciding whether Anna and Ray, whether he abused Anna and hopefully killed her. That's propensity. There's a jury instruction for that. Let's look at all of the violence. It started in Japan. The defendant punched Anna multiple times, on multiple different occasions. You heard about what happened on the Air Force base. And the defendant tried to deny all of that. But you had a witness who came in here who was completely neutral. Mr. Simms has not seen Anna or the defendant since 2015. Wasn't friends with them. Had no reason to come in here and lie to you about what happened. But the defendant had a reason to lie. You know that he punched Anna, pushed her, tossed her around like a rag doll, left handprints on her. This is all conduct in Japan that we know about that was seen or Anna told people. But there could be more. Remember, he was violent in private, he said, not in public. In Virginia, we know he pushed Anna to the ground. We know conduct happened there behind closed doors. San Diego, that's where we had a lot of violence. And the defendant continued, always had denied all of this violence, but then came in here into court and did admit to some of this violence. Punched her in the face multiple times. Pushed her into the bed. You saw that body-worn camera from Anna. He pushed her into the fridge. He admitted that to his neighbor. He's grabbed her. He's hit her. He almost crashed into her on the road. You can consider all of this violence. You see all these photos. Look what the defendant did to Anna. She was way more bruised than that, days later. Shit. Scrapes on her elbows, on her knees. Injuries through her eyes. And then the defendant apologized for these. And you know that that's the typical power and control behavior. He was violent and he apologized so she would not leave him. And she didn't for a while. She kept going back to him. And she even told him. You keep hurting me and I keep going back to you. [00:18:28] Speaker ?: I'm so dumb. [00:18:29] Speaker 1: Like she knew she was going back to him because she loved him. Right? We know that she did. But ultimately she said enough is enough and left him. He apologizes. I know I'm an abusive nut job. Yes, you are. I'm so sorry. Don't put me in jail. That's why you heard he never went to jail. She never reported him. Because he would tell her not to. And he would apologize. And tell her this will affect my job and my clearance and things like that. That's what an abuser does. Power and control. The defendant had to write himself notes not to abuse his wife. He wrote this note two days after he had punched her multiple times in the face causing her injuries. You shouldn't have to write yourself a note not to abuse your wife. But he claimed he would do that so that when he was sober he would realize it. He knew he was beating her up. And he did not get himself any help for that. He could have addressed it because he knew what he was doing. But he did not care. He kept abusing her. And he would tell her what to say to the police. It was the heat of the moment. That's what his defense is here. Heat of the moment. Heat of passion. He's telling her what to say. And so of course she's not going to press charges on him. Would you say we were trying to block each other. Well that's what he was saying here in court. Oh you were struggling with all the luggage. No. You were violent and you pushed her down. You heard all about his controlling nature. How do we make the decision to deliberate and premeditate and kill somebody. I don't have to prove to you that the defendant premeditated and deliberated for months, weeks, days, hours. What I have to prove to you is that he thought about life. He thought about death. He could make that decision quickly. But we know he did think about death. Well prior to October 21st. We know he had thoughts about killing. And we especially know that he had thoughts about killing Anna and Ray. Or any man she was with. Days prior. What other choices could the defendant have made? Instead of killing Anna and Ray. When he heard Anna and the other man. When he was in a hotel. He already knew at that moment. That she was with another man. He could tell by the conversation they were having. They were giggling. He knew it wasn't the police or anyone else. He knew that was an intimate conversation. And he knew at that moment. That Anna had been seeing someone else. That was with someone else Liam Barber. What else could he have done? Instead of going over to kill them. He could have went and cooled off. He could have went and smoked. Smoke's jewel. Go have a drink. He could have gone to a bar. He could have gone to work. He could have gone to LA with Sammy. He could have gone to hang out with a friend. He could have punched Ray when he walked in. Instead of killing him. He could have pushed Anna. Or been violent with her in all the ways he'd been violent with her in the past. He could have yelled at them. He could have divorced Anna. And I asked him many of those questions. You could have done all of those things. You didn't. You instead drove to the spire to go kill Anna and Ray. What were his other choices? He could have not gone into the apartment to activate the Discord application in the morning. He could have not gone to the apartment once he heard the voices. He could have just done one of his usual recordings on his phone, on the Discord application or otherwise, to prove to everyone in life that Anna was cheating on him. That's all he had to do. He got his proof. He heard it. He could have captured that on his phone and that would have been it. But no. He had to go kill them. He could have not brought a loaded gun to the apartment. If he wanted to confront Anna and Ray, or Anna and whatever man he thought she was with, about cheating on him, he could have just gone there again. He could have punched someone, yelled at them, recorded them, and left. He could have done that to get the proof that he wanted so badly. He did not do that. And he didn't have to bring a gun. He could have gone there to talk to them, catch them, record them, and that would have been it. But he chose to bring a loaded gun to a place where no one knew he was coming. He could have chosen not to bring ammunition. But he did. He brought a magazine. You know how many bullets were in there? At least six. He could have chosen not to enter the apartment. I asked him multiple questions about, every time he went to the apartment, he was in the garage, the elevator, running to the apartment, at any point he could have stopped and changed his mind. When he was in the parking garage, he could have turned around. When he was in the elevator, he could have gone back down. When he ran to apartment 3508, he could have turned around. [00:24:20] Speaker ?: He didn't. [00:24:21] Speaker 1: He wanted to go into that apartment to kill them. He could have not fired the first shot. He could have went in the apartment, saw them on the couch, take a picture of them, and left. [00:24:32] Speaker ?: But no. [00:24:33] Speaker 1: He fired the first shot. He wrapped the gun and fired, and then there was a small pause. He could have decided at that moment not to fire the second shot. Maybe he missed the first shot. He could have said to himself, "Oh, I shouldn't do this." No, he didn't. He could have chosen not to fire the second shot. Not to fire the third shot. Not to fire the fourth shot. Not to fire the fifth shot. We know those shots were all at Ray. He killed Ray first. And Anna was still alive. And she screamed. Screaming for mercy. And the defendant could have decided at that moment not to kill her. He knew he already killed Ray. He planned to do that first. He was going to get his revenge on the guy first. And have Anna watch that. And he stood in front of Anna, and he could have decided not to kill her. But he didn't. He shot her. He killed her dead. Because she didn't respect him. Let's look at all the choices he made. Showing his pre-meditation and deliberation. He entered the apartment in the morning. He immediately activated that Discord application. He tried to tell you he did at the end. No, he did not. He activated it two minutes after he got off the elevator. He hid the iPad so no one would see it. So Anna wouldn't see that he was spying on her. He trashed the apartment. Made all these willful choices. He willfully spied on Anna. Listened to her conversations. Waited to catch her with another man. [00:26:21] Speaker ?: He caught her that day. [00:26:22] Speaker 1: He was pretty quick. He immediately left his hotel with his gun and his ammunition. He drove to the spire. He told his friend, "Do not contact Anna." Because he wanted to ambush them. He armed himself with that loaded gun. He holstered his gun. He walked to the elevator. [00:26:50] Speaker ?: You saw him. [00:26:51] Speaker 1: Those pictures in the video with him. Tightening his belt. Because he already armed himself. He pressed play on his phone to do that audio recording before he entered the elevator. He pressed the 35th floor. He rode the elevator. And then he ran to the apartment. These were all conscious, willful decisions that he made. Let's talk about his willful choices during the killing. He pulled out the gun. Then he opened the door. He had already had his plan in mind. Because there was no time for him to take that gun out once he got inside. He immediately fired. He opened the door. He wrapped that gun a little over one second later. He pointed that gun towards Anna and Ray. He put his finger on the trigger. And he fired the first shot. And then a second or two later, he wrapped the gun again. He walked towards Anna and Ray. He put his finger on the trigger. And he fired four more shots. All willful decisions. Then he stood in front of Anna. He wrapped the gun again. And he fired a shot into her head. And before he did that, he said respect. Because she didn't respect him. She was with another man. So he put his finger on the trigger. Fired the last shot into her head. Let's talk about all of his willful choices after the killing. He took a photo of his dead victims. He did that on purpose. He was proud of what he did. He left the apartment without rendering any first aid. Why did he not do that? Because he didn't want them to live. He went back into the L.A. So that his neighbors would think that he just found them. Just like he said on his 911 call. He left the apartment. Then he called his mother. He did not call 911 to get help for his victims. He called his mom and he confessed to the murders. And she told him, you need to get them help. And that's the only reason he called 911. He left the building. And then he texted a photo of the dead bodies to his mother. And then he separately texted a photo of the dead bodies to his father. These were all willful decisions that he made. He had to go into his phone and click on that photo and send it to his mom. And then separately send it to his dad. And then five minutes after that separately send that photo to Sammy Smith. He knew what he was doing. He went down to his car and he put away his gun and his holster. Because he was hiding his evidence. He took the magazine out of his gun. He emptied whatever bullets were inside the magazine. He put his holster in the safe. He put his gun in the safe and he locked it. Then he called 911. Claiming he just found the victims. Starting to build his defense. He drove to Ramirez school. He told Amira that he killed her mother. He spoke with both of his parents. Had conversations with them multiple times. He had multiple text messages with his mother. Making a plan with Amira. He wanted to leave town. He told his mom, "I can't hide with Amira forever. I want to leave." He wasn't going to turn himself in. He wanted to leave. And he told his mom that. And he was trying to get out of town. But the officers were already behind him. He knew he had been caught. And then he asked the police calmly, "Did they get my wife?" You already know she's dead. You took photos of them and you told your mother that she's dead. And at every point during October 21st, you did not see one tear coming from his eyes. Not when he called his mom. Not in the hallway. Not when he was calling 911. She was calm at the beginning of that call. And then he was starting to claim, "Oh, it was so horrible." [00:31:34] Speaker ?: He did that. [00:31:35] Speaker 1: And all the surveillance and the body worn camera, not a tear. No remorse. He could have stopped after any one of those willful choices, but he did not. These murders of Anna and Ray were deliberate and premeditated. This is first degree murder. Well, let's look at the other evidence that we have. History repeats itself. You heard a lot of evidence about prior violence in this case. And you can consider that in the signing. Whether Anna and Ray, whether he abused Anna and only killed her. That's propensity. That's your instruction for that. Let's look at all of the violence. Starting in Japan. The defendant punched Anna multiple times. On multiple different occasions. You've heard about what happened on the Air Force Base. And the defendant tried to deny all of that. But you had a witness who came in here who was completely neutral. Mr. Simms has not seen Anna or the defendant since 2015. Wasn't friends with them. And no reason to come in here and lie to you about what happened. But the defendant had a reason to lie. You know that he punched Anna, pushed her, tossed her around like a rag doll. Left handprints on her. This is all conduct in Japan that we know about that was seen or Anna told people. But there could be more. Remember, he was violent in private, he said, not in public. In Virginia, we know he pushed Anna to the ground. We know conduct happened there behind closed doors. San Diego. San Diego. That's where we had a lot of violence. And the defendant continued, always had denied all of this violence. But then came in here into court and did admit to some of this violence. Punched her in the face multiple times. Pushed her into the bed. You saw that body-worn camera from Anna. He pushed her into the fridge. He admitted that to his neighbor. He's grabbed her. He's hit her. He almost crashed into her on the road. You can consider all of this violence. You've seen all these photos. Look what the defendant did to Anna. She was way more bruised than that, days later. [00:34:11] Speaker ?: Shit. [00:34:13] Speaker 1: Sprakes on her elbows, on her knees. Injuries to her eyes. And then the defendant apologized for peace. And you know that that's the typical power and control behavior. He was violent and he apologized so she would not leave him. And she didn't for a while. She kept going back to him. And she even told him. You keep hurting me and I keep going back to you. I'm so dumb. Like she knew she was going back to him because she loved him. [00:34:43] Speaker ?: Right? [00:34:43] Speaker 1: We know that she did. But ultimately she said enough is enough and left him. He apologizes. I know I'm an abusive nut job. Yes you are. I'm so sorry. Don't put me in jail. That's why you heard he never went to jail. She never reported him. Because he would tell her not to. And he would apologize. And tell her this will affect my job and my clearance and things like that. That's what an abuser does. Power and control. The defendant had to write himself notes not to abuse his wife. He wrote this note two days after he had punched her multiple times in the face causing her injuries. You shouldn't have to write yourself a note not to abuse your wife. But he claimed he would do that so that when he was sober he would realize it. He knew he was beating her up and he did not get himself any help for that. He could have addressed it because he knew what he was doing but he did not care. He kept abusing her. He kept abusing her. And he would tell her what to say to the police. It was the heat of the moment. That's what his defense is here. Heat of the moment. Heat of passion. He's telling her what to say. And so of course she's not going to press charges on him. What you say we were trying to block each other. Well that's what he was saying here in court. Oh you were struggling with all the luggage. [00:36:14] Speaker ?: No. [00:36:15] Speaker 1: You were violent and you pushed her down. You heard all about his controlling nature. How derogatory he was towards Anna and towards a lot of people in his life. He would talk for Anna, force her to stay home. Told her who she could and could not be with. Told her what to wear and what not to wear. What men she could talk to or not talk to. And he told her don't talk to that guy Ray. I don't have a good feeling about it. He was possessive and controlling. And that's how he was with her during our whole relationship. It was kind of right control till the very end. In all the places they lived he was controlling. And people saw that. And they came in here and testified about it. I'm not going to repeat every vile thing he said on all those messages. But you all heard them. This is the way that he would treat Anna. [00:37:13] Speaker ?: September 8th. [00:37:15] Speaker 1: All there a fucking bitch. Because she was going to put him in jail. Goodbye to your citizenship Miss Filipino. He was degrading to her and he did that on a live recording. And you could tell in these recordings how mad he was at her friends. And they were to blame. Oh she's going to be a hoe with all her friends. You let your friends disrespect me over and over again. He kept telling her that. He tried to testify. Oh I really liked her friends. No you did not. You hated them because Anna was leaving you and going out with them. She was trying to have fun in a world where you were always violent and controlling with her. And on his own recording, this is why you get your ass beat bitch. That's what he did to her and that's how he treated her. And in those recordings in October, you heard him tell her that she was depriving him of sex. That they hadn't had sex in a month. He tried to come in here and tell you that Anna was coming to him in the middle of the night to have sex. No she was not. The last time you heard about them having sex was September 21st when we know she went back to him. That is the last time they had sex and there is zero proof that she ever went back to do that. Not in any sex messages. And of course the fed is going to say that because he's the only one here that can talk about that. However, when I confronted him with that wedding, he said, "Oh yeah, I thought that was in September." It's because we found evidence that that was a date. He was zero sex in October and he was telling her about that. So when he comes in here to tell you that he was provoked and Anna kept coming back to him, no she was not. This is how he treated her. You are trash. You are garbage. You don't have the right to deprive me of sex. Yes, she did because she was leaving you. He kept telling her in many different messages, "You are not single, you dumb bitch." He would let her go. She wanted to be single. [00:39:27] Speaker ?: She didn't want to be married to him. She told him that over and over, but he refused to accept it. [00:39:33] Speaker 1: He kept contacting her and stalking her and wouldn't leave her alone. Anna would protect him. You heard about that. She would defend him at first in Japan and even in San Diego. She blamed herself for the violence. She didn't want to call the police or get him kicked out of the military. She didn't want him to lose his job. She didn't want it to affect Amira. She cared about her daughter. And she even said that in the text messages. Like, "I don't want Amira to be affected." And she told her friends that. She was trying to be cordial with him at times and let him see Amira. That doesn't mean she was going back to him. She went back to him until September. But then, that was it. And she wanted to be restrained or against him. You heard so much about this. She wanted one. She told multiple people. She told the defendant. And over and over, the defendant and her family would convince her not to get one. So when the defense makes a big deal about the fact that she never actually got one, it's because she was told over and over again not to. Your dad begged me not to. You know the defendant in multiple texts begged her not to. Well, this will be a long little road. My job, things like that. That's why she didn't do it. She was trying to protect him. Look at all the people that came in and testified that they were scared of the defendant. Her friends actually came in here. And Anna told the defendant multiple times how scared she was of him. Why would she ever tell him that she was dating Ray? She doesn't want to be abused again. [00:41:21] Speaker ?: Of course she didn't tell him. [00:41:23] Speaker 1: And defense made a big deal about that during this trial. And the defendant kept testifying it. I kept asking her, and she never told me, why would she? She wanted to move on. She didn't want him to be lying with her. Let's talk about these other women. The defendant over and over again told Anna that she couldn't be with another man. Who are you cheating with? But he could do whatever he wanted. She could not. He had sex with Ashley. He can tell you over and over that he did not do that, but we know he did. You saw that poor girl come in here and have to testify about all those sexual acts. And you saw her demeanor, and you can consider that. He wasn't comfortable having to testify in front of strangers about everything that she did with the defendant. And she came in here and she told the truth. And the defendant multiple times in his Instagram said, oh, I fucked some Latino chick. I fucked this girl. Because he did. And he tried to come in here and say, no, I really tried. No, you did not. And he did multiple sexual acts with her. He called her multiple times trying to hang out with her afterwards, asking her to lie for him. And that was okay for him to do. But she was shamed about it. About sleeping with a stranger he didn't know. She's not a child here. He is. He can do that. He can look up multiple escorts and multiple different dates. He tried to lie and tell you that, oh, I only looked up the escorts when my friend Chris Faison was in town. No, you did not. You looked up other dates. He wanted to meet up with a prostitute. You heard that from his friend Gene. He wanted to go to a strip club with Anna's friend Cassie. [00:43:21] Speaker ?: You heard about that. [00:43:22] Speaker 1: You saw photos he took with other women. He was flirting with other women online, looking up other women's profiles. And this is all okay for the defendant to do. He's separated from Anna. He's free to do whatever he wants. But he can do all of these things and she cannot. And he told you that she could not. She could not be with someone else. Let's look at the timeline leading to October 21st. Sometime before September 15th, Anna moved out. The defendant didn't let his wife and daughter stay at the apartment. He stayed there because he didn't want to leave and didn't want her to leave him. So she had to leave and go live with Claire with her child. She didn't leave a mirror with the defendant, a violent abuser. [00:44:11] Speaker ?: She took her child. [00:44:12] Speaker 1: The defendant slept with Ashley September 15th. And then after Anna had slept with the defendant, she told him I'm done. You saw so many text messages September 23rd and on where Anna told him she's done. There was no sex text messages, nothing. Then October 1st, the defendant starting to think about killing. Telling his cousin Anthony, I'll kill him. Now he can say all he wants if he did not mean that, but he did. He left all those terrible voicemails for Anna. So much hate because he hated her because she wouldn't go back to him. And he kept trying to get her back and she refused. So he assaulted her four days prior to killing her. On October 17th, Anna told him, and you heard that recording, I don't want to be married to you. I don't want to be with you. Over and over again in that car. And he wouldn't take it. No, can I just talk to you? And he wouldn't leave. She must have told him 20 or so times on that call. Get out of my car. I will call the police. She did not want to be with him. And she made it crystal clear. And that night he knew that she wasn't coming back to him. And she started carrying his gun. The day prior to the murders, he told this social media acquaintance that he would go to jail if he ever saw Anna with another man. Because already in his mind, he's thinking about killing. He's thinking about killing any man that she's with. He told somebody that. He quits his job the same day. He said he killed two people. Over and over again during those text messages that you've all been read in court, seen in court. The defense will argue that she provoked him. She kept going back and forth. No, she did not. She told him over and over between October 4th and October 21st in those texts. I don't love you. I'm scared of you. I'm not safe. You are harassing me. Leave me alone. Let us move on. She flat out told him, I don't want to be with you. There was no confusing what Anna meant. And of course the defendant would say, well, she would in person give me a hug or tell me things. Well, he's the only one that you can rely on for that. And you know he's a liar. She made it clear. Let's look at some of the searches again. Searching for escorts. Searching for how to plant a listening device. Those searches began on October 17th. Over and over and over. Multiple websites. He searched. Audio monitoring. Audio surveillance. How to plant a listening device. Because in his mind he's already making a plan to catch her. And he wants to know how to do it. So he's searching and searching and trying to figure out what to do. He reads this article, "Husband turned into stalker and planted spy devices in ex-wife's bedroom." And sure enough, that's what he did. Planted a spy device in his ex-wife's bedroom. He's searching for decapitated heads on October 17th. He's searching for chopped bodies. This time frame's important because he's doing these searches starting at 10:30 PM. We know Anna and the defendant had dinner that night. They had 8:00 reservation. And by 9:00, the defendant had already abused her. And she took those photographs of her eye. And an hour and a half later, he is researching chopped bodies and decapitated heads. That is not a coincidence. He tried to tell you that his friend Chris got a spam text message about the cartel and chopped bodies. That is ludicrous. And we know Chris visited him at the very beginning of October. So on October 17th, the defendant is not searching for chopped bodies randomly because of that spam text message. He is searching for chopped bodies and decapitated heads because he is already thinking about killing. More searches on October 18th. Again, his wife doesn't want to be with him. And made that crystal clear at that dinner and all month. And so he says, oh, I know she's cheating on me. I'm going to catch her. So he's searching again. How to listen to a room remotely. [00:49:15] Speaker ?: He reads this. [00:49:17] Speaker 1: Is it possible to turn a mobile phone into a remote listening device? He's making his plan. And on the morning of the workers, he's searching for trash cans. To challenge his bodies. He tried to tell us that he put. When he was inside the apartment. And knew that Anna wasn't there. And knew she was cheating and lying to him. That's when he searched for trash cans and assigned her profile picture as trash. First of all, who would do that to their wife? He's going to put a trash photo as her profile picture. But he lied about the timing of that. Because he first started researching it at 8:50 a.m. And then he accused me of doctoring the search. That's a search from his phone. And we know it's at 8:50. We know the time conversion. He started researching the trash cans. Well before he went to the apartment. Because he was making a plan. Let's look at the day of the murders. You saw the surveillance footage. And the still photographs. Anna left the apartment at 8:40. Taking a mirror to school. The defendant arrives at 9:14. That's when he gets off the elevator. And he walks into the apartment. 9:17, he has already activated discord. And he tried to lie and tell you he did that before he left way later than that? No, he did not. 9:17, because what was his plan? To spy on his wife and catch her cheating. So the first thing he did when he entered. Knowing she wouldn't be home. Because she's taking their child to school. He plants that iPad behind the bed. He activates discord. Then he trashes the apartment. Because he's mad. She didn't thank me for the flowers. Again, she disrespected him. Didn't thank him for roses. Because she doesn't love him. He doesn't want to be with him. And he needed to leave her alone. [00:51:22] Speaker ?: But he wouldn't. [00:51:23] Speaker 1: He has a conversation with Anna. Much later, you saw that on surveillance. The defendant tried to tell you. He made an audio recording and paused it. And then had a conversation. That's not what you saw on surveillance. He left the spire at 9:51. Went back to his hotel. We saw that at 2 o'clock, Anna and Ray came off the elevator. So that's when they went to the apartment. And then the defendant is starting to pick up the voices. Because he's listening the whole time. [00:51:53] Speaker ?: He is not sleeping. [00:51:54] Speaker 1: He is listening to the voices. Listening to catch her with another man. And he got his chance. He caught her only a few hours after he activated the application. So sometime between 2:00 and 2:50, he leaves his hotel. He armed himself. He parked outside and ran to the parking garage, which he doesn't do. No one does that. There's lobbies. He ran to the parking garage because he was trying to hide what he was doing. He didn't want to be caught. He parked outside so he could get away quickly. He started his recording, rode that elevator at 2:55. He ran off. And then he went to the apartment. He had all that time to think about what he was doing. And chose to kill. 2:58 is when he fires those shots. About 20 seconds after, he takes the photographs of the dead bodies. 3:02 calls his mom, confesses to her. 3:07 left the building. 3:10 called 9:01 to start his defense. About 3:30, he picks the mirror up from school. And within minutes, he's arrested and caught. Continues his defense. And then you hear that he's interviewed, and he's so angry at Anne Henry. He had just murdered them, and he is still so mad about what they did to him. They disrespected him. That's the murder weapon that he took with him, put a magazine in, made sure it was ready and loaded. Get all of that ammunition, 3 magazines, his holster. He had that plan set. He's already armed, running through the parking lot, tightening his belt. He's on the elevator, and he's calm. You saw that elevator ride. [00:54:01] Speaker ?: He has his phone. [00:54:03] Speaker 1: He has his key card out. He's texting someone. He's just, he's calm. He's not mad at him. He knows what he's going to do. He gets right off the elevator, doesn't even wait for the door to open, because he has his plan. His plan to kill. I'm going to catch them. I'm going to play the video and audio one more time, because it is so important for you to hear how quickly he committed his murders. He's doing that door open. [00:54:37] Speaker ?: And a second and a half later he's firing. [00:54:37] Speaker 2: He's doing that door open. He's doing that door open. [00:54:39] Speaker ?: And a second and a half later, he's firing. [00:54:39] Speaker 2: He's doing that door open. He's doing that door open. [00:54:41] Speaker ?: And a second and a half later, he's firing. And the audio recording in his pocket. And he's doing that door open. And a second and a half later, he's firing. And the audio recording in his pocket. Listen carefully. Listen carefully. He's doing that door open. And a second and a half later, he's firing. And the audio recording in his pocket. Listen carefully. Listen carefully. To everything that is happening on our court. And a second and a half later. And a second and a half later, he's firing. And a second and a half later, he's firing. And a second and a half later, he's firing. And a second and a half later, he's firing. And a second and a half later, he's firing. [00:55:00] Speaker 1: And a second and a half later, he's firing. And the audio recording in his pocket. Listen carefully. And a second and a half later, he's firing. And the audio recording in his pocket. [00:55:06] Speaker ?: Listen carefully. Listen carefully. [00:55:08] Speaker 2: To everything that is happening on our court. And a second and a half later, he's firing. And a second and half later, he's firing. [00:55:24] Speaker ?: And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. [00:55:30] Speaker 2: And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. [00:55:33] Speaker ?: And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. And a second and half later, he's firing. [00:55:56] Speaker 1: You saw and heard how quickly that was done. This gun is not loaded. You saw this in court. This is how the defendant had this gun. It is on a holster. It's a left-handed holster. You saw Detective Escalante put it onto his pants. They don't have jeans, so I'm not going to do that. But this is how the defendant had his gun. It was inside his jeans, tucked in. And look how much of the gun in the holster is hidden underneath the jeans. So the defendant has to manipulate his pants, his shirt, just to even get to his gun. You saw he was wearing that baggy black sweatshirt. The gun's hidden. It's inside his jeans. And you saw how hard Detective Escalante had to pull to get the gun out. You did not hear that on that recording. That's because he already had the gun out. He had zero time to take his gun out of the holster after he opened the door in order to fire that quickly. And he told you his whole story. How long did that take on the stand for him to tell his story about everything that happened before he started firing? Way more than one and a half seconds. And then it takes time to get your gun out. Which he also said. It wasn't out. It wasn't loaded. I only took it out when I got there. No, you did not. You already had it out because there was not enough time. And it takes time and you have to pull it out and yank it. And that makes a sound. Which it did not make on the recording. Because it was already out. He took it out while he was running to the apartment. You heard on that recording that he said the word respect. He can say all he wants and that's not what he said, but he was the only man alive in that apartment when that word was said. And he said it because Anna and not respected him. Yeah, you could pause the recordings and see what time frames the shots were fired, but you know how quickly he fired because that was his plan before he entered. And it is so important. The fact that he already had that gun out and it was already loaded because that's his premeditation. He had the gun out already because that was his plan. It was already loaded with a round in the chamber. He could say all he wants that it was not loaded, but you see the evidence on the ground. That bullet in the dining room when he wrapped the first time, that's where that went. And then when he wraps the second time and the third time, those bullets fall on the carpet. You saw Kate Todd and Detective Esoranti testified, but where the bullet comes out, when you wrap the gun and pull the slide back, it comes out like this. And that's why the evidence is at the scene. And the defendant can tell you all the way around, Todd, that makes no sense how all those bullets were at the scene. Yes, it does because they were discharged from your gun that was already loaded. He knows that he has to say the gun is unloaded for him to have his heat of passion defense. It was loaded and the bullet came out of the gun and fell on the ground. And you heard that clink. It makes a noise because it's falling on a hard surface. You know that that dining room was tiled. Okay. The gun was already loaded because he planned it and premeditated it. And then he took that photo of the bodies afterwards. You saw the diagram with all the evidence. You know that he wrapped the gun as soon as he entered, one second later, and then you see that the bullet falls there. And he's still charging towards his victims. He racks again. The bullet's here. And he told you how close he was to Ray. He tried to tell us at first that he didn't, you know, he snapped and he fired and he had no idea who was shot and all that. But when I crossed him, oh, then he knew. Oh, Ray was shot in the back of the head first. And then, you know, he fell backwards. And then I was in front of the coffee table and I had the gun pointed at his cheek. He told you what he did. And he was so close. Look where he was. He went all the way in here to shoot his victims in the face and in the head. He tried to explain to you, oh, I don't know how the bullet would be there. We know that because it came from the gun. Same thing right there. Three racks, three bullets on the ground. And then what did he do? He took that magazine out and he shook it into her legs. Callous move. He tried to say, I don't know how those got there. Yes, you do. Anna did not have two bullets between her legs when she was on the couch talking to Ray. That gun was not in the house. She didn't just put those there. He did. He did that because he was mad at her. And after he killed her, he just emptied his gun. And that's why those are between her legs. And of course he had no explanation for that. Then he gets on the elevator and smiles. He was happy about what he just did. He's talking to Daniel. He has the dead body photo on his phone. He's hiding it from Daniel, of course. But he's looking at it. And he's looking at his phone. You saw that on the elevator ride. And he's drinking the water he took from outside the apartment door. You saw the injuries that both Ray and Anna suffered. Ray was defending himself. He turned his head because he saw the defendant with a gun. And he was trying to protect himself and Anna. And that's how he got the bullet to the back of his head. But the defendant also shot him in the neck. And the cheek from an upward angle. Ray's head must have been flopping for him to get that bullet upwards. Otherwise the angles are downwards. The defendant was so close to Ray that he left soot on his face. He did that because he was inches away. And he wanted to hurt Ray and kill him in a cruel manner. He was close to his face. And he fired that shot. Fired that shot in the back of the head. And then Anna. He stands right in front of his wife. Who he claimed to love so much. But at that time he hated her. And fired a shot into her head. Killing her. What other evidence do we have here? You heard criminalists testify that the defendant's gun was operable. There was no malfunction issues. You know there wasn't because he fired over and over again quickly. All the shell casings found at the scene were fired from the defendant's gun. His DNA was found on the gun and some of the casings. Gunshot residue was found on his hands. The video and audio evidence is indisputable in this case. And he admitted it to his law. Now the defense will come up here and tell you that this is voluntary manslaughter. It is absolutely not. These are the elements that need to be proven in order for you to find the defendant guilty of voluntary manslaughter instead of murder. That the defendant was provoked. He was not. As a result of the provocation, the defendant acted rashly and under the influence of intense emotion that obscured his reasoning and judgment. In element 3, the provocation would have caused a person of average disposition to act rashly and without due deliberation. From passion rather than judgment. These elements are not proven here. There's other language in this geraint structure. Slight or remote provocation is not enough. It has to be sufficient provocation. Not simply that he was provoked. Sufficient. And the provocation that they are claiming that Anna did was not sufficient. She did not provoke him. He is not allowed to set up his own standard of conduct. He cannot spy on his wife, plant a device, make a plan, and then later claim it was in the heat of the moment, in the heat of passion. And no, that is not true. A father is coming home from work. He had a great day and he wants to go into his daughter's room and give her a hug. So he goes home, he walks into his five-year-old daughter's bedroom, and he sees a stranger raping his child. He is so overcome with passion that he beats the rapist to death. That is the situation where voluntary manslaughter is applicable. That stranger's conduct was incredibly provocatory to that father. That father, as a result of that provocation, acted brashly and under the influence of intense emotion that obscured his judgment. His child was being sexually assaulted and he was trying to stop it. And he ended up killing someone. The provocation in that scenario would cause an average person to act rationally and without due deliberation. That is not what we have here. There is not a heat of passion when you walk in on your separated wife, who is not with you, on the couch with someone else, fully clothed, not having sex. And heat of passion does not apply when you walk into an apartment that you had bugged with a key card you were not supposed to have, to a fight that no one else knew was happening but you. And you brought a gun. That is not heat of passion. The defendant did not act out of passion. He acted out of a pattern of control and violence. It's provocation that would drive the average person to act rashly and from the aroused passion. The average person would not act rashly in this same situation. Anna did not provoke the defendant by leaving him and moving on from him without his knowledge. That is not sufficient provocation. That is not provocation at all. They are going to argue that she provoked him by talking to him, giving him hope. All of that was in his mind. She was not giving him hope at all. She made it clear. I don't want to be with you. I want to move on. And she was doing that. And she wasn't provoking him with Ray. She wasn't telling him, oh, I'm with Ray, who you hate. Oh, I'm with another man. She wasn't doing that to him. She wasn't taunting him like he did to her. This is not provocation. Anna did not provoke the defendant by hanging out with him on occasion with Amira. She was trying to be nice and let him see her child, even though he was abusive and she was concerned. But she still met up with him so he could see Amira. That is not provocation. Anna repeatedly told the defendant she didn't love him and didn't want to be with him. He wouldn't move on. That is not sufficient provocation by Anna, that he would not let her go and move on. The defense can say all they want. The defendant can say, Anna did this to me. Anna did that. How did Ray ever provoke the defendant? He had a conversation with him in August of 2020 saying he was lucky to have his wife. Yes, Anna was very beautiful. Yes, Ray liked her. That is not a crime. That is not sufficient provocation. He did not tell the defendant, oh, is that your bitch? That's something the defendant is, of course, saying now. But what he told Julia at the time was, this is what Ray said to me. You're lucky to have your wife. Which in his mind translated to, I want to sleep with your wife. Ray never said that to him. Even if Ray didn't say these things, it's not sufficient provocation. That happened over a year prior in their meeting. Ray and the defendant didn't have a relationship where Ray was provoking him. Ray didn't tell the defendant, oh, I'm sleeping with your wife. Ha ha. That didn't happen. It's not sufficient provocation. Ray was a single man entitled to date whoever he wanted. And Anna was separated from the defendant and they're entitled to be together. Not according to the defendant, but they are. And that is not sufficient provocation by Ray to date Anna after she left her husband. The average person would not act actually in this same scenario. You have to think about the cooling off period too. Look at how far the defendant drove after he heard the voices. Of course he was upset that he heard Anna with another man. Even if you believe the elements are met for voluntary manslaughter and he had a passion, which they are not. He had plenty of time to cool off. He drove all the way down to five. Fifteen minute drive. And thinking the whole time that he was going to kill. And he had plenty of time during that drive to think about, oh, I shouldn't do this. [01:10:46] Speaker ?: Okay. [01:10:47] Speaker 1: He had the fifteen minute drive to cool off. He had the five minutes in the elevator, or I'm sorry, in the parking garage to cool off. He had that three minute elevator ride up. It stopped on multiple floors. Three minute ride to cool off. That nine second run of this in the apartment to cool off. There was plenty of point off time. And if enough time has passed between the provocation and the killing for a person of average disposition to cool off, then the killing is not voluntary manslaughter. This is not a heat of passion case. And these crimes are not voluntary manslaughter. It's not a lesser offense. It's two first degree murders. Remember again the elements. I have proven to you beyond a reasonable doubt that the defendant intended to kill Anna and Ray. It was willful, deliberate, and premeditated. He carefully weighed his options. He thought about death days prior, weeks prior. He thought about life and he chose death. He chose to kill. He decided to kill before we entered that apartment and shot Anna and Ray to death. First degree murder has been proven beyond a reasonable doubt. He killed a human being with malice of war thought. Express malice. The evidence. [01:12:20] Speaker ?: You remember all the evidence in this case. Look at all the truth of his guilt. [01:12:22] Speaker 1: His gun. His ammunition. The videos. The audios. His admission. The evidence found in his phone. The evidence found in his social media. Every single witness that testified in this case proved how violent the defendant was. The criminalists all proved the case against him. [01:12:49] Speaker ?: Dr. Shaver who came in and told you that the defendant killed with gunshot wounds in the head and the matter of death was homicide. [01:12:49] Speaker 1: That's what he did. It was murder. And his lies are also hidden. The evidence found in his phone. The evidence found in his social media. Every single witness that testified in this case proved how violent the defendant was. [01:12:58] Speaker ?: The criminalists all proved the case against him. [01:12:59] Speaker 1: Dr. Shaver who came in and told you that the defendant killed with gunshot wounds in the head and the matter of death was homicide. It was murder. And his lies are also proof of his guilt. All the lies he's told in this case. All the lies he's told on the stand. Trying to convince you it's heat of passion. It was not. I want you to remember the words that the defendant used when he testified. He told you he was provoked. He told you that it was not premeditated. He told you about the word cooling off. Of course he's trying to tell you that the elements of heat of passion are met. He's a smart guy. He's trying to convince you of that. It was not heat of passion. It was first degree murder. And with both those counts of first degree murder for Ann and Ray come two allegations. The personal discharge of a firearm causing death. That is not a dispute here. That element is true. He personally discharged a firearm during the crime. He intended to discharge that firearm. And his act caused Ann and Ray's death. That element. That allegation is true. Other allegation of this special circumstance multiple murders. What does that mean? That means in this case you have two counts. I have to prove the defendant that you find him guilty of at least one charge of first degree murder. And at least one additional charge of first or second degree. So if you find the defendant guilty of first degree murder in both counts one and two, this allegation is true. And if you find the defendant guilty of one count of first degree murder and one count of second degree, then this allegation is also true. However, we know that both of these murders are first degree. They are not second. You'll get verdict forms in this case. You have two verdict forms for first degree murder. One for Ann and one for Ray. You have two verdict forms for murder in the second degree for Anna and Ray. And then you have two verdict forms for voluntary manslaughter for Anna and Ray. Now, if you believe, because I have proven to you beyond a reasonable doubt, that the defendant is guilty of first degree murder, then you only fill out the first degree murder forms. You fill out guilty of the crime of first degree murder. And then you have to find each allegation true or not true. Again, this allegation is not in dispute that he discharged a firearm causing death. So you would write true. And I've proven to you that both of these murders are first degree. So the special circumstance for multiple murders is true. And you would mark true. You would only get to the voluntary manslaughter verdict forms if you find the defendant not guilty of first and second degree murder. That is absolutely not the case here. He is guilty of first degree murder. He murdered Anna and Ray in cold blood. And he is guilty. And I ask that you find him guilty of both counts of first degree murder. Thank you. [01:16:09] Speaker ?: Thank you. All right, ladies and gentlemen. I don't like to break apart that. [01:16:13] Speaker 3: So we are going to take it early on lunch now. Again, I apologize. But this is in the best interest of the case. Kind of talking about, of course, Charlie and I have been together for 25 years. We've done my court for 25 years. And I was asking him should I try to bring him back at 1:15 over the years. Every time I've done it. It doesn't work. Because we've gotten on a schedule of 1:30, 1:30, 1:30. So I'm going to keep you on that schedule. I do want to start at 1:30 though. Okay. So please be here early. And like I said, I thought about it. But it just, it always doesn't work. It just doesn't work. So thank you for your attention. I don't see everybody back here just before 1:30. That's all right. [01:17:24] Speaker 4: I started my opening at the very beginning of this case by saying that Ali was driven to a break. And that this was even recognized by law enforcement officers who interviewed him after the shooting. The human heart is very complicated. That's probably something that we all know and that we can all relate to. And in this case, there were complicated things going on for both Anna and Ali. And unfortunately, Anna brought Ray into their complicated lives. When it comes to our feelings and our behaviors and the way that we react to those feelings and our emotions, things aren't always black and white. And sometimes our feelings, our emotions, and our reactions take us to places that we never thought we would go. Light or dark. Only Wulavon is not a murderer. Yes, he killed Anna, the one he loved, the mother of his beautiful daughter, Amira. And he killed Ray, a man with whom Anna was having an affair. And he cannot undo what he has done. But he did not murder them. He is not a murderer. The law is kind of funny sometimes. Sometimes it's baffling and sometimes it gets it exactly right. And the law in homicide recognizes and requires you to consider key to passion. That is, what's going on in someone's mind at the time that something's happened. Because the law recognizes that human beings aren't robots. It's not as simple as inputs and outputs and then we just react in a certain way. The law understands that there are circumstances and issues that occur that cause us to react in ways. Sometimes unpredictably. And sometimes, frankly, all too predictably. And based on the reality of how human beings are, when an intense passion obscures reason and obscures the ability to think, sometimes there is a death. And that death is not murder. It's manslaughter. Now, is manslaughter an excuse? Is it a condoning of behavior? Is it a free ride out? No. It's not. It just means that how we label the behavior is appropriate and legally sound. What you need to find here, what the evidence has led you to in this case, is not murder, but manslaughter. When we're looking at the counts here, one and two, two charges of first degree murder, we have to get to what this case is really about. And that is, was there severe provocation of Ali Aboulaban? What evidence supports the conclusion that I'm asking you to draw that he acted in the heat of passion on October 21st, 2021? What facts and circumstances lead to a conclusion of manslaughter rather than murder? And so I want to talk to you first about the instructions so that you'll understand what I'm talking about when we get to those facts and how to apply it to the law. The legal instructions are not always obvious if I've read them for you. It's a rather simple packet for us lawyers. Probably sounded a little convoluted and confusing to you. You will have those packets in the jury room with you. You can read them and go over them for yourselves. I appreciate in advance your efforts and regards, but once you get back to the jury room, we'll go through them and I appreciate their attention now. I have several slides in a row with a language of Calcrim 520, 570, and 522. 522 is the idea of the effect of provocation. And this is a general statement about what you can do with this concept of provocation. Provocation may reduce a murder from first degree to second degree and may reduce a murder to manslaughter. The weight and significance of the provocation, if any, are for you, the fact finder, to decide. When we're looking at what, when you're making those decisions, those kind of initial choices, you're going to be looking at the weight and the significance of the provocation, if any. And in this case, there is no doubt about provocation. There are a lot of questions posed on cross-examination of Mr. Gouliband about whether Anna and Ray were to blame here. This part of the case is about Anna and Ray. It has to be, right? Because there has to be someone who's doing the provoking. We don't talk about provocation in a vacuum. There has to be someone that we're talking about, and unfortunately, here, it's Anna and Ray. That is not to say that either of them are to blame, or in any way deserved what happened to them. But this is to say that those are simply the facts. Those are the facts that were known at the time, and those are the circumstances. You will be asked about provocation, and to decide whether it was weighty and insignificant. And in this case, I submit to you that it was both weighty and significant. Calcrime 522 Part 2, this is a little bit repetitive, but it says that you decide whether it's the differences and degrees of murder based on the provocation, and also must consider whether it reduces murder to manslaughter. And this is kind of the tricky part. Because in this case, it's our contention that you should not get to murder at all. So strong was the provocation. So strong was the passion in this case. Because to get to murder, you have to decide and believe first, that beyond a reasonable doubt, Ali Abulamon wasn't provoked, and that he did not act as a result of heat of passion from that provocation. The prosecution has to prove it sort of a negative, beyond a reasonable doubt. And as we spoke in jury selection, the burden is on the prosecution. I know that in this case, the defense presented a lot of evidence. But this is the point at which it is the job of the prosecution to show you how none of what we presented matters. And they have to show you that beyond a reasonable doubt. That there is no provocation. That there is no heat of passion. So let's look at the basic template of 570. Voluntary manslaughter. Voluntary manslaughter is a killing that would otherwise be murder. It's reduced to voluntary manslaughter if the defendant killed someone because of a sudden quarrel or in the heat of passion. And as a result of that provocation, the defendant acted rashly and under the influence of intense emotion that obscured his judgment. And that provocation would have caused a person of average disposition to act rashly and without due deliberation. This is from passion rather than from judgment or thinking. It's not a perfect emotion. It can be many emotions. It can be anger. It can be rage. It can be sorrow. It can be desperation and frustration and humiliation and betrayal. The law just requires that it's violent or intense emotion that would cause a person to act rashly, impulsively, without deliberation or reflection. And on this topic when we're talking about violence, violent and intense emotions that we're talking about normal everyday people. Because that's the legal standard. We have to ask basically, is this reaction normal? Are these feelings normal? Is this something that an average person would experience under the same circumstances that Ali experienced? The elements for 570. The defendant killed someone because of a sudden quarreler and the heat of passion if the defendant was provoked. As a result of the provocation, it was rash under the influence of that intense emotion that obscured his reasoning or his judgment. And the provocation would have caused that reasonable average person to act rashly and without due deliberation. As we know from Ali and from our, really our own everyday sort of common knowledge, there are a lot of emotions that come with infidelity. And strong emotions that come from you lied to. Deceived by the person you love. And when that loved one lies and deceives and has an affair with someone that they know you have expressed concerns about, that's all just too much. So we have two things, provocation and heat of passion, and that is the eighth sphere. The months of confusing and conflicting behavior compared to the words used. The painful story of marriage unraveling against the backdrop of breadcrumbs of hope being tossed out at the same time. The damage caused by Ali to Anna, only to be forgiven time and again by Anna. The infidelity and the deceit. This is the provocation. The provocation we know can occur over a long period of time. And it can also be sudden. There is no right or wrong amount of time for provocation. The sudden provocation of Anna involving Ray into this toxicity and dysfunction that existed in her marriage with Ali. Ray of all the people. Ali suspected for some time that Anna was being unfaithful. The facts are that he buckled into that roller coaster ride from July of 2021 and it took him all over the place. All over the map of emotions. You could hear it in his audios. All of them. The good, the bad, the ugly. You could see it in his text messages. All over the map. Love, hatred, anger. All of those emotions are so close to each other. Separated by just a sliver. He did not know for sure until the first time that he believed Anna blatantly lied to him since about being in the apartment on 1021. And this is all part and parcel of the provocation. It occurred over a long period of time with Anna and over a shorter period of time with Ray. Heated passion does not require anger, rage, or any specific emotion. It can be any violent or intense emotion that causes a person to act without due deliberation and reflection. It never stopped in this relationship. It never took a break. There was never a time when Ali got an answer from Anna that made sense about the cheating. Her responses were no, I never would. I never could. We are married. Marriage matters to me. Unlike you. She said almost those exact words to Ali on October 5th and October 18th. And those messages are in the defense exhibits. What does all of this mean? Ali was provoked by Anna's months of confusion, her infidelity, and deceit. And he was provoked by Ray's involvement with Anna on October 21st of 2021. As a result of this provocation, he acted rashly, unthinkingly, and this obscured his reasoning and his better judgment. The provocation that he endured would absolutely cause a person of average disposition to act rashly and without due deliberation, from passion and not judgment. That's exactly what CalPrim 570 requires for voluntary manslaughter. I think we all know that this type of voluntary manslaughter and this type of recognition in the law of emotion and how people react to things, that it's really written about infidelity. Infidelity has long been recognized as part of the human experience, something that has a provocative effect on our emotions, our reasoning, our judgment. Sexual infidelity, violation of trust, triggering feelings of abandonment, blows to confidence and self-worth, intense emotions. And these are emotions that in this situation become uninvited to us. Not that you want to feel that way, they just are there because of the circumstances and the facts. And they are made worse by many things happening to us, including drug addiction and mental illness. And they are made worse by the response of the person who is unfaithful. Made worse by the degree of deception and the constant pushing away and pulling back. All the things that would certainly be the cause of many emotions, including humiliation, desperation, rage, and depression. But the bottom line is the intense, violent emotion caused by the provocation that has to be real. It can't be made up by Ali, and it can't be a reaction that is so wacky, so out of the norm, that no one else would ever experience it. And it's clear from the testimony and the evidence in this case that what Ali felt is something that a person of average disposition would feel. What Calcram 570 means is almost as important as what it doesn't mean. So, when we're looking at this, it's an analysis that Ali was provoked by Anna's conflicting words and her behavior for infidelity and deception. And he was provoked by Ray's sexual suggestions towards Anna early on, and his ultimate involvement with Anna on 10/21/2021. As a result of this provocation, we know how Ali reacted. And we know that this is the same way that an average person would react under the same circumstances and the same set of acts. What 570 does not mean, as I was saying, is almost as important as what it does mean. This does not mean, however, that the person of average disposition would have acted in the same way that Albi did. In other words, you are not to consider whether the average person would have committed a homicide as a result of these intense emotions. Only that the emotions themselves would have been experienced and caused a rash or passionate response. Said in another way, you must not consider whether or not the exact rash or passionate acts done by Ali, that a homicide would have been committed by a person of average disposition. The question is, would a person of average disposition in the same circumstances, in the same facts, had a reaction to the provocation? The type of reaction is not what you are to consider. I can understand how that's a little bit confusing, maybe. Some of you might be thinking, wow, I mean, this person experienced infidelity, his first love, the mother of his daughter being lied to over the course of months. And everyone's telling him he's wrong. And he feels that he's got to be right. And he just can't get over it. And he can't figure it out. And he's coped out 24/7 and his mental health is spiraling. And at the point of recognition of truth, he feels rage, anger, sorrow, humiliation, desperation, all of those things. I think you're thinking, yeah, okay, I get that. I understand that. But the problem you may be having is that maybe an average person wouldn't kill two people. That's not where maybe many of your minds go. And fortunately, that's okay. But that's not what the law requires. The law does not require that the average person react the same way that all he does. The law only requires that the average person would have a reaction to the provocation. Your questions are, was the provocation sufficient? And was it sufficient to cause an average person to react rashly and without thinking? And then you stop. If your answer is yes, you stop. And if you think about it, it's logical. This way of thinking about it makes sense. Because if you're looking back, and you're looking at the situation, you think people wouldn't do this. And most of all, Ali wouldn't have done this if his mind wasn't clouded with emotion. He wouldn't have done this if he'd been thinking. Because that's what the law says to us in these circumstances. This is not something that people would do if they're thinking rationally. And if they're using good, solid judgment. This is what happens when people's minds are clouded with intense or violent emotion because of the provocation. When you're looking at this average person, you're looking in the same circumstances as the actual situation. You need to see, okay, was there a cool off period? Was there a time to cool off in that four month period? In that 24 hour period? In that 15 minute period as Ali is listening in live time on the Discord app to Anna with a man laughing and making fun of him? You have to look at the circumstances of that day. Look at the depths of the circumstances leading up to that day. You look at what was already going on with Ali physically and mentally. His drug addiction, his mental illness out of control, the devastation he felt at that moment. 570 also tells you that the burden rests on the prosecution of proving you that this is not how it all went down. And the instruction says that if the prosecution fails to prove to you that this is not how it all happened, then you must find the defendant not guilty of murder. Not that you can or that you may, but that you must. It might be tempting to look at the defense that puts on evidence as we did in this case and say, "Well, Ms. Green, you know what? You didn't prove it. You didn't prove to us that Ali was acting under the provocation without judgment." But remember, it's not my burden. We talked about this in jury selection. I don't have to prove anything. I can sit in that chair, not ask a single question that might have made Detective Light be happy. To not ask a single question. But the reality is we've put on evidence. We asked questions. We did an investigation and we provided that to you. But that does not mean that the burden shifts to me. The burden of proving this case beyond a reasonable doubt always rests squarely with this table. It may also be your response at the end of all of this to go, "No, I'm just not sure. This seems reasonable. This seems reasonable. I just don't know." And I'll address that and those types of feelings that you may have at the end. But I'll give you a hint. Ali Aboulaban gets the benefit of the doubt. The history of this relationship between Anna and Ali is important. And it's important for Anna and Ray also. Because to understand the state of mind of Ali Aboulaban on October, it should be October 21st, we need to know about him on other days throughout his life. His family, his influences, his relationship with Anna, and his relationship with Ray. And to understand that Anna, we need to know about her, her influences, her relationship with Ali, her plans with Ali, her plans with Ray, and how she thrust him into this dysfunction. Anna was the only one for Ali. And the moment he saw her, she was beautiful, funny, effervescent, confident. She felt comfortable in her own skin. She was enjoying life to the fullest. All the things Ali wasn't, but he wanted so desperately to be. And after first getting together, they spent hours talking and learning about each other. Their conversations were deep and intimate. In Anna, Ali found someone who seemed to love him, almost in spite of himself. Anna listened to Ali and made him feel for the first time in his life that he was worthy of love in general, and her love in particular. And Ali accepted things about Anna that were new to him. Anna and her friends liked to party hard with drugs and alcohol. You heard that from the friends that came in from Japan. Ali quickly realized early on that Anna was used to living a very different lifestyle than him. But he accepted that about her. And he told you he was always sort of waiting for the next foot to drop. He was falling hard for her, and it appeared to Ali that Anna felt the same way. Even though Anna's friends in Japan would constantly bring up her ex, Sean Torres, and remind Anna that she was Sean's girl, Anna ignored them. She was now Ali's girl, and she was content and happy with that. Japan is where we heard from witnesses about an incident of domestic violence. Listen to those witnesses with caution. Casey Conroy, Jacoria Sims, Sean Torres, Alexandria Coleman. They didn't like Olney then, and they certainly don't like him now. They are certainly and undoubtedly angry at him for what he has done. And it came across in their testimony. Suddenly on the stand, adding things that they had never said before. Things that were damaging and damning to this case. And Casey claimed connector to them. And according to them, although all of this was happening all the time, and suddenly it's not just limited to Japan. Now they have stories about Virginia, and now they have stories about San Diego. Things they had never said before. All of this is happening, and they are her so-called best friends, and they never did anything to help her. I think that says it all. If these are her best friends, they would have done something to help her if these things were happening. Ali told you what happened in August of 2015 in the military. And that's what he told the military police. You might be wondering what Anna told the military police. But you can bet that if it was something contrary to what Ali said, prosecution would have shown it to you. Prosecution will probably get up and say she doesn't have to produce all the evidence in a case. And that's right, the law says that she doesn't. But in a situation where someone is charged with double first-degree murders, the prosecution should bring in the evidence. You've heard a lot of testimony about the uncharged evidence of domestic violence. And Detective Escalante and Detective Leahy both described this as a DD case. This is actually a homicide case. There are incidents of uncharged domestic violence, but the two don't equate to be the same. This evidence, what you heard from these friends, has a limited purpose. If you decide that the defendant committed the uncharged domestic violence, you may but are not required to conclude from that evidence that the defendant was disposed or inclined to commit domestic violence. And based on that decision, you may also conclude the defendant was likely to commit the crime in count one. Only as to Anna. If you conclude that the defendant committed the uncharged domestic violence, that conclusion is only one factor to consider along with all the other evidence. It is insufficient by itself to prove that the defendant is guilty of the crime in count one. And as we know, the people must still prove each charge and every allegation with proof beyond a reasonable doubt. This young family eventually made their way from Japan to the Philippines to Virginia. And they welcomed a beautiful baby girl named Amira when they got married. While they were young, their married life seemed to suit them well in the early days. They were good partners in Virginia. They loved being parents. Amira was a charming child who seemed to have the best qualities of both her mom and her dad. They worked really hard. Allie had a top security clearance and worked in IT for the State Department. And Anna, with Allie's help, easily secured employment. They initially lived with Allie's family, although in 2017 they were able to purchase their home. And from the evidence we know that at this time in Allie's life, much of his confidence came from having Anna by his side. He felt lucky and happy that she chose him. And together he felt that they could conquer the world. Anna seemed to appreciate that Allie needed her and depended on her for his feelings of worth and validation. And Anna wanted to be needed. These are all very normal foundations in a marriage. And it was a foundation of their partnership. But also what we saw running just beneath the surface of this relationship, at times bubbling up and over, was this constant struggle over accusations and insecurities related to cheating and infidelity. Julia told us about a time that Anna found naked women on Allie's IG account. And she fled in the middle of the night. Allie told us about finding that Anna had been texting and sexting with some sort of TV star. We would constantly struggle with each other over each other's bones to look through them, to catch, to keep an eye on the other one. And Allie told us about a time that Anna attacked him in the middle of the night, angry that he had women on his account. This insecurity was constant for both of them, and it was bubbling up with some regularity. During this time, Allie's brand of Gin Kid was growing. Initially, Anna and Allie worked on this together, both taking pleasure in building this brand. It was something that they did in their times together. He was a content creator and she was a videographer. But as Koster told us, Allie's friend who came in, as Allie's star began to rise, Anna started to feel left out. It's almost like she was trying to compete with this brand, wanting that same level of fame for herself. And as time went on in Virginia, Anna realized that being a wife and a mother in Virginia wasn't enough for her anymore. She missed her old life from Japan and she wanted to have that again. She reconnected with friends from Japan who are now living in San Diego and she visited it on a solo girls trip. She loved it. She had a great time. She was happy to be reconnected. When she returned, she wanted Allie to go for a visit. They went. She heard. They partied the whole trip with Julia and Alicia Juco and the friends. They used cocaine for the first time, they used ketamine for the first time, and they met Ray Barone for the first time. Allie had an awkward and uncomfortable and unsettling meeting with Ray on this very first trip. They quickly returned to San Diego for a second trip where there was a birthday party that was hosted for Alicia and Anna. And again, another uncomfortable, upsetting, unsettling, and frankly inappropriate interaction from Ray. When they returned to Virginia, Allie and Anna seriously considered moving to San Diego. Allie was into the idea, but he also felt unsure about it given that things were going pretty well in Virginia. They had good jobs. They owned a home. A mural was settled. They were close to their family. But ultimately, he agreed to go. However, the plans got derailed slightly because Allie's brother Sammy had a mental health break. Allie's family was in turmoil. His dad and mom begged him to stay, and he didn't want to disappoint his family. But he also didn't want to disappoint Anna. Allie suggested to Anna, "Hey, let's just go slow on the move just for a little bit until things get settled down here." But Anna was insistent. Now. Now is the time. Or I will divorce you. Didn't want to lose Anna, but the pressure to remain with his family and his brother was heavy. This push and pull happening here in Virginia. Ultimately, he told us that he believed he should not lose his marriage over this, so they all packed up and went to San Diego. At the beginning, life in San Diego was good. Allie quickly found work on the naval base. They secured an apartment right in the heart of downtown, and they enjoyed their days here. Gin Kid, the brand, was really taking off and the fan base was growing. Allie was needing the attention of movie stars and other comedians, people who wanted to work with him. He was excited and happy, and his confidence was growing in a way that only the lure and power of social media can feed. Allie's star was rising, and at the same time, Anna was growing more and more distant. To Allie, there seemed to be a shift in Anna. Arguments were happening regularly over all sorts of things. Online fame, the traditional accusations of cheating, all these growing drug abuse, the way in Anna's eyes that Allie had changed. He was acting crazy and mentally ill, just like his brother. As the weeks and months went on, Anna recognized that Allie was getting worse. And in her words, she described him as coked out 24/7, mentally unstable, not the man she married. As we heard from Allie and his mother, DeLaw, he was always someone who suffered from the cycles of the high highs and the low lows. He was at times fun and creative and cycling high, full of energy, impulsivity, emotionally unregulated, quickly and rapidly changing through emotions and feelings. And at other times, he was low and depressed and crippled by self-doubt, never knowing where he fit in or even how to fit in. We know he had the ADHD diagnosis, and as Dr. Leeman told us, ADHD in children is often later diagnosed as bipolar in adults, matching her diagnosis of Allie. Growing up in Allie's house was nothing short of terrible. There was a lot of discussion with the witnesses about what it was really like. But when DeLaw finally broke down on the stand about the types of abuse she suffered, and the types of abuse that Allie suffered, those emotions and those feelings were real. Allie's father was extremely abusive. Chasing DeLaw around the house, trying to break down the doors to get to her, screaming, throwing things. And his mother, DeLaw, was constantly keeping secrets from NASA. I don't know if you picked up, but when she said that the way she disciplined the children was to threaten that she was going to wrap them out to their father. If that doesn't tell you what sort of reaction NASA had to his children in that household at that time, I don't know what would. And it wasn't just directed into law. Allie was the subject of the abuse. Being beaten with a vacuum cord, punched, slapped, items broken over his head, constantly screamed at, belittled, bullied, made to be useless and worthless. Allie is in a home where mental illness was frankly not believed in. They didn't believe in mental illness. And all of this resulted in the complex trauma which led, as Allie grew older, to the formation of personality disorders. Allie grew older, borderline, antisocial, narcissism. We all know the good and the bad, the things that happen to us when we are children, impact the way that we behave and become as adults. Things that happen to us in our young developmental years leave an impact, leave a mark on us and turn us into who we are, both the good and the bad. All of this trauma created in Allie someone who was insecure and easily intimidated by others, especially men. He developed into someone who didn't know how to mix with peers, didn't know how to fit in, always hearing his dad's harsh and critical voice in his head, telling him he's worthless and stupid, good for nothing, not like the people around him. And what developed in him was a fear, an intense fear of abandonment, that saw him constantly testing those around him, almost baiting them to abandon him, just to say, "I knew that you would." A self-fulfilling prophecy, that's how Dr. Lehman described it. Very similar to when Anna would tell Allie that he was unable to be happy, that he was his own worst enemy. And I was describing for you exactly what Dr. Lehman diagnosed Allie with. And it's clear from the evidence that that diagnosis was spot on. And I would suggest to you that Allie's mental illness was on full display during this trial. Dr. Lehman's diagnosis of severe stimulant and alcohol dependence cannot be controverted. Allie, by his own words, and Anna, through her words, confirmed that Allie was a raging coke addict during this time. All of these things, mental illness, cocaine addiction, and the relationship stressors were raining down on him. Forming in him, and in his mind, the perfect storm, as described by Dr. Lehman. So what can you do with evidence of this mental illness? Calcrim 3428, mental impairment, is a defense to the specific intent or mental state of murder. For first and second degree murder, the prosecution must prove that the defendant has specific intent or malice of forethought. You have heard evidence that the defendant suffered from a mental disease or disorder. You may consider this evidence only for the limited purpose of deciding whether, at the time of the charged crime, he acted with the intent or mental state required for the crime, which is malice of forethought. The toxic nature of Anna's relationship with Allie really began to boil over in July of 2021. Allie was struggling so much during this time period that we know he took him leave of absence from work. He told them that his mental health was bad. And as we all know, there was a terrible DB incident in late July of 2021. It started with cocaine, a lack of sex and intimacy, Allie being accused of forcing it by Anna, which Allie interprets can only have one explanation that she's cheating. And in that moment, he told you he went low. Oh, well, don't be upset if I sleep with one of your friends. And she went low. Oh, well, I already slept with Nico. [01:57:15] Speaker ?: Lost it. [01:57:17] Speaker 4: You rolled over on top of her and in a terrible fit of rage, he punched her three times. He told you that. He was honest with you on the stand. He was embarrassed and humiliated and ashamed of what he did. And frankly, he should be. He admitted to you that he was wrong. And more importantly, he admitted to Anna that he was wrong. You saw the emails, you saw the text messages. He admitted to her he was wrong and she forgave him. She came back after a few days. This is one of those moments, ladies and gentlemen, when we're looking at this marriage. Every marriage has its own foundations and set of boundaries and rules. We are not here to judge whether Anna and Ali had a good marriage. I think we all know that they had a far from ideal marriage. We would never want that type of relationship for our friends, for our children, for anyone that we loved. But the reality is, is that this was the relationship that they had. Moving forward through August and into September, we start to hit a really bad period for this marriage. Ali is feeling abandoned by Anna. He's thinking that her friends are sneaking in and in his mind turning her against him. In his mind, they're being disrespectful to their own partners and only views Anna's unwillingness to stand up to them as problematic in his own marriage. Let me say something about respect in marriage because we've heard this theme from the prosecution that Ali demanded respect and he expected respect. This kind of harkens back to some kind of like old fashioned control, cowardly, you will respect me kind of theme. And what I will say is that I consider myself to be a particularly old fashioned kind of girl. But I am married. And I don't think it's unreasonable in a marriage for a partner to expect and sometimes maybe even demand respect from their spouse. As I said, marriages have, each marriage is so different. We cannot put our own marriage norms on somebody else's relationship. This is what it was. This was their marriage. September, as we moved in, was rough for Anna and Ali. There were two DV incidents pretty much back to back. September 8th. And it's unclear whether it was September 11th or September 12th, but it was the night of Julia's birthday party. If it were not for the defense, if we were not here, you would not have seen the video that led into the September 8th incident. You would not have seen what backed up what Anna told the police, that there was a struggle over the luggage, that Ali was trying to leave and Anna was mad that he was taking her suitcase. So she was on the floor pulling his stuff out. And she was on the video saying all those terrible things about Amira in front of Amira. The prosecution asked Ali when he was on the stand whether Anna was joking in that video. [02:00:50] Speaker ?: Joking? [02:00:52] Speaker 4: And saying those things about Amira? To even suggest that Anna was joking in that is disgusting and ridiculous. Those were her words. And it highlights that Anna was also not in a good place at this time. Ali was going to go. Anna didn't want her to go. She was taking his stuff out of her suitcase and he pushed her. On September 11th or September 12th, the day of Julia's birthday party, again, we showed the video of what happened. It's this constant struggle over the phone. Constant struggle over the phone. Looking at each other's information. Where are you going? Who are you going to be with? Who's going to be there? And that's how this incident started. And then we see Anna standing at the bathroom door saying, "You're hurting my finger. You're hurting my finger." The door was closed. And then she runs out of the house when Ali has her phone screaming, "Well, fuck this. Help me, help me, help me." Nothing had happened except struggle over the phone. This is what Ali is talking about when he's telling you that she was constantly using this threat of calling the police when it actually wasn't warranted. When it was warranted, she called, but would later drop the charges or not participate in the prosecution. Anna is telling Ali, "Go see other people. Find yourself. Without me. We're done. Early September." And so he does. "Introducing Ashley/Nikki Sanchez." The way the DA was asking Nikki Sanchez, Ashley Sanchez, about how things were leading up, I kept expecting for someone to say that this was a non-consensual encounter. Minute by minute, and then he touched your thigh. And then he moved his hand up to your waist. This was a consensual encounter between two adults. She wanted to use a blow, he had blow. She wanted to drink wine, he had wine. They went to his apartment and she was the first person to say, "Do I have sex?" And he said, "Okay." It didn't work. There's some things going on with her physiologically. But what happened is that she says, "I'm so afraid of him. I'm so afraid of him." Except that doesn't make sense. Because she took him to her apartment. She took him inside of her apartment. And then after that, they went back to his apartment. You're so afraid of someone that this guy's a creeper and he's weirding you out. You don't hang out with him. You don't let him into where you live. You don't go back to his apartment. Judge her testimony and her credibility with caution. What do we know happened after that? Anna wanted to be back with Ali. He picked her up on September 21st at the Starbucks on base where she was staying with Claire. We know that Ali had a past to be able to get into any base. And we know that at no time did Ali take advantage of that to surprise Anna, to show up unannounced, to show up uninvited, even though he knew where Claire and Anna were living. We went back to the apartment, ready to hang out. And then Anna, out of nowhere, flipped out. But a friend of Ali's had left a bike in the apartment. [02:04:30] Speaker ?: What? [02:04:33] Speaker 4: She tells him he's a loser who lets people use him over a bike. Another sign that Anna was also not well during this time. Anna leaves and is downstairs, and then the next thing we know, because we heard it on the recording, Anna busts back up into the apartment, because Ali had said something to her in kind of classic Ali fashion. More insecurity and allegations of cheating. He told her something about Nikki. And we know it was about Nikki. Use the name interchangeably, Nikki slash Ashley, because I'll leave you in her as Nikki. Anna flies upstairs. [02:05:14] Speaker ?: Who is she? Take me to her. Who is she? [02:05:17] Speaker 4: Let's go. [02:05:19] Speaker ?: I want to meet your girl. [02:05:20] Speaker 4: What was Anna going to do? Was she reacting to passion that she was feeling in that moment? Was she reacting to provocation in that moment? She took Ali's phone from him. We heard it. On the audio. Give me it. No, give me it. No. Back and forth. She wanted to go through it. She wanted to look at it. Remember, on September 11th or 12th, Ali took Anna's phone. And the prosecution tells you that that's an example of domestic violence. [02:05:51] Speaker ?: Right? [02:05:52] Speaker 4: But when Anna does it, it's just her wanting to look at Ali's phone. Conduct in that moment is the same. Just a different standard for Anna than it is for Ali. What we know from this incident is that Anna was acting like a jealous wife. Not someone who was separated or broken up. And on September 21st, they apologized to each other. Anna accepted and apologized. Accepted Ali's apology for what had happened. They were crying with each other. Ali, you're my best friend. I fucking love you. And they let their guards down. They made love. And they forgive each other. And the next day, Ali, constantly testing the loyalty. Because of his personality disorders, tells Anna more about the Nikki Ashley situation. [02:06:47] Speaker ?: Constantly. [02:06:47] Speaker 4: This is a constant theme. This fear of abandonment. But then demanding and testing the loyalty. Self-fulfilling prophecy. He tells her more. Anna can't believe it. [02:06:59] Speaker ?: You're doing this? [02:06:59] Speaker 4: You're telling me more? Ali said it was a stupid joke. Trying to downplay it. Being honest with her, he said. Because he was feeling guilty. And Ali provided Anna with the phone number. He didn't have to do this. But to his own detriment, he did. They fought again, all day long. But ultimately, the day ended with "I love yous." And the next day, September 23rd, Anna took Ali to the airport. And again, "I love yous are exchanged." And he takes off from Miami. She warns him about anything stupid in Miami. And while he's in Miami, out of nowhere, Anna blocks him. He can't reach her. He can't find out what's happening. This blocking thing is like another constant theme running through this relationship. [02:07:45] Speaker ?: Right? [02:07:45] Speaker 4: These are two extremely immature people that instead of talking about their feelings in a very rational, normal way, they result in blocking each other. And Anna knows the impact that this will have on Ali. It makes him absolutely crazy. And she does it often and with reckless abandon to hurt him and to torture him. And honestly, I think we all know this. No one on this planet knows how to hurt you more than someone you love. In particular, your spouse. They know your vulnerabilities. They know the things that upset you. And at times, I'm guilty of it, at times you go low because you know what's going to hurt that person. Nobody can push your buttons more than someone who knows what your buttons are. [02:08:38] Speaker ?: You know what's going to do? You know what's going to do? You know what's going to do? [02:08:39] Speaker 4: You know what's going to do? [02:08:40] Speaker ?: You know what's going to do? [02:08:40] Speaker 4: You know what's going to do? [02:08:41] Speaker ?: You know what's going to do? [02:08:41] Speaker 4: You know what's going to do? [02:08:42] Speaker ?: You know what's going to do? [02:08:42] Speaker 4: You know what's going to do? You know what's going to do? [02:08:44] Speaker ?: You know what's going to do? [02:08:44] Speaker 4: You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? [02:08:51] Speaker ?: You know what's going to do? [02:08:51] Speaker 4: You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? [02:08:56] Speaker ?: You know what's going to do? [02:08:57] Speaker 4: You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? 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You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? [02:10:44] Speaker ?: You know what's going to do? [02:10:45] Speaker 4: You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? [02:11:02] Speaker ?: You know what's going to do? [02:11:03] Speaker 4: You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? 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You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? [02:12:05] Speaker ?: You know what's going to do? [02:12:06] Speaker 4: You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? You know what's going to do? On October 8th, they went to breakfast together. Maybe at Ali's request, but she didn't have to go. He didn't force her to go. If this is about Amira having a relationship with Ali, send Amira. You don't have to go. If you're over someone, you don't continue to have these sorts of interactions with them, which gives them the sign that there is hope. On October 13th, Amira spends the night with Ali. Ali says, "Claire made Pantsit. Can I bring you some?" Ali says, "Are you sure Claire wants me to have Pantsit? Claire wants you to have it." When Ana left, Ali texts, "Thanks for being silly with me and laughing with me." "Of course," Ana says. October 15th, "I'll always have love for you. You're a good dad to Amira. I can't take that away from you." October 16th, "Meeting up at UTC. Thanks for the hug at the end of the visit." October 16th, later, Ali saying, "Can we hang out to get a drink like old times?" Ana's response, "Maybe someday, Ali." On October 18th, when Ali is asking and saying, "I want to do these things for you. I want to get back together with you, the bills and take care of Amira and be together as a family." Ana's response, "Actions, not words, Ali." And when Ali is asking Ana on October 5th about the cheating, it's those same responses. You can see them in the defense exhibits. It's not a, "No, I'm not cheating on you." It's not a, "It's none of your damn business." It's not a, "I can sleep with whoever I want. I'm entitled to sleep with whoever I want because we're broken up." It's a, "No, I would never. I could never. We're still married. Marriage matters to me, unlike you." What that does is telling him that they are still married in her mind. And that is important to her. And that is a line that she would not cross because they are still married. This is like water dripping off his forehead all day long. It's not an excuse. I'm asking you to recognize the faults of what turned into a terrible marriage. In all human relationships, there is a component of extreme emotion. And this relationship between Ana and Ali at this time is the apex of human emotion. It may not be your marriage. It may not be my marriage. But it was their marriage in its heightened state of despair. But imagine if it was your marriage. The water dripping on your head, but you feel so insecure. And you're pulled and pushed back and forth and fed little bits of hope. And then it's all dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. [02:15:56] Speaker ?: Little bits of hope and dashed. [02:15:57] Speaker 4: Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. [02:16:17] Speaker ?: Little bits of hope and dashed. [02:16:18] Speaker 4: Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. 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[03:14:59] Speaker ?: Little bits of hope and dashed. [03:15:00] Speaker 1: Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. [03:15:07] Speaker ?: Little bits of hope and dashed. Little bits of hope and dashed. [03:15:09] Speaker 1: Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. Little bits of hope and dashed. So all of the choices that he made. That is all willful, deliberate and premeditated actions. And murder. And the defense gave you a lot of information in her closing. All these different things that might affect the case. That might show that the defendant was provoked. Let's go back to one big thing. One of the most important facts showing premeditation. The defendant brought a loaded gun into the apartment. He tried to say it wasn't loaded. We know that's not the case because of the three rounds on the floor. So we know he brought a loaded gun into that apartment. That shows premeditation. It was loaded, ready to fire, because that was his plan. I also talked to you about this in court here. We are all responsible for our life choices. A lot of people have been through breakups. Breakups are hard. And people get divorced. And that's hard. But you get through it. It's not a reason to murder. He is trying to avoid responsibility for what he did. Please hold him accountable for murdering Anna and Ray. Anna was his property and Ray couldn't have her. And that's why he killed him. And I ask that you find him guilty of first degree murder, two counts, along with both allegations. Thank you. [03:16:44] Speaker 3: When you go into the jury room, the first thing you should do is choose a poor person. Poor person should speak to it, but your discussions are carried out in an organized way. If everyone has a fair chance to be correct. If your duty to talk to you, we're great. We are free and burden. Each of you must decide the case for yourself, but only help them discuss the evidence with other jurors. Do not hesitate to change your mind if you can convince that I feel wrong. Do not change your mind just because other jurors disagree with you. I agree with you. Keep it open mind you know who to exchange your thoughts for any of these about this case. Staying your opinions too strongly at the beginning, we can't hang out some hundred minutes ago and end up for the meeting of this session. Please treat one another courtesy of your role as being a partial judge for facts, not to act as an advocate from one side. I told you at the beginning of the trial, we will not talk about the case or about any of the people or subject involved in it with anyone, including the spouse, family, friends, spiritual leaders, advisors, therapists. You must discuss the case only in the jury room and only when all jurors are present. Do not discuss your deliberations with anyone. Do not communicate using Facebook, MySpace, Instagram, Twitter, Snapchat, or other social media during your deliberations. It's very important that you do not use the internet, dictionary, source, or other research tool in any way in connection with this case during your deliberations. In the trial, several items are perceived by the evidence as exhibits. They examine whatever exhibits you think are working in your deliberations. These exhibits will accept the jury room with you when you begin to deliberate. You need to communicate with me while you're delivering. Send a note through the mailers signed by the foreperson or by one of the members of the jury. Have a complete record in this trial. It's important that you do not communicate with me except by your written note. If you have questions, I will talk with you before I answer, so it takes some time. To continue your deliberations while you wait for my answer, I will answer any questions in my name or report. Do not reveal to me or anyone else on the vote stands on the question of guilt or issues in this case, unless I ask you to do so. The verdict on each count and any allegation must remain in this. That means that, to return a verdict, all of you must agree to it. Do not reach a decision by a full full plan of writing except for it. It is not my will to tell you what your verdict should be. Do not take anything I said or did during trials and in case where I think about the facts, the witnesses, or what your verdict should be. Read your verdict without any consideration of punishment. You will be given the verdict forms. As soon as all the jurors have agreed on the verdicts, one person in the state and signed the appropriate verdict forms and be notified of the bailout. You are able to mention the unanimous decision on only one or some of the charges. Other than those verdict forms only be notified of the bailout and attorney and can sign the verdict. To our alternate jurors, the jury will soon begin deliberating, but you're still alternate jurors and I'm down from my earlier instructions on the compliment. Do not talk about the case or any of the people who are subject involved in England, not family or friends, not even each other. Do not have any contact with the deliberating jurors. Do not cite how you would vote if you were deliberating. Do not fully express an opinion about the issues in this case unless you are substituting them for one of the deliberating jurors. [03:20:10] Speaker 5: Do you solemnly swear that you will keep this jury together in some quiet and convenient place that you will not permit any person to speak to them, nor speak to them yourself unless by order of the court, and then you will bring them into court when they have reached a verdict or with ordered by the court, so help me God. [03:20:34] Speaker 3: All right, ladies and gentlemen, a couple things real quick. First of all, for both the alternates and the jurors, again, this weekend, no news media, no social media. You are in a complete vacuum, blackout, whatever you want to call it. So don't, been great so far, do not get any other information. I'm going to send the alternates out now. Charlie will be out in just a minute to get your phone information so that we can call you if we need you or we have a verdict. To our jurors, we're going to send you back with Henry, so we need you to take your stuff. On exhibits, we're going to send things back, including verdict forms. The weapon is a little different. There's three things I don't send back with juries. I don't send weapons or ammunition. I don't send drugs, and I don't send money for obvious reasons. But if you want to look at any of the exhibits, including the gun, just work it out with Henry. All right, that's not a problem at all. It just, it's something that you take good care of. So at this point, I'm going to go ahead and send our jurors out to deliberate or alternates. If you can just step outside and remember the admonitions, Charlie will be out in just a few minutes. Here's one, two, twelve. Congratulations on all your stuff. [03:21:46] Speaker 5: I'll be outside for five to ten minutes. Just wait for a minute. [03:21:51] Speaker ?: I'll be outside for five minutes. I'll be outside for five minutes. I'll be outside for five minutes. I'll be outside for five minutes. I'll be outside for five minutes. 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