It's Day 3 and the lead prosecutor Ashley Rich make a mistake today by mentioning in her closing argument today that Collier Kirksey did not testify. Prompting an immediate call for a mistrial.
Mobile County District Attorney Ashley Rich finished her summation to the jury and then told Circuit Judge Rick Stout that she did not mean to improperly imply that defendant Collier Kirksey had a duty to take the stand.
“I would never intentionally do that,” Rich said after the jury had left the courtroom.
Defense attorney James Byrd argued that the judge should declare a mistrial. He argued that Rich had improperly suggested that jurors should infer Kirksey’s guilt by his decision not to testify.
After reviewing decisions from appeals courts on the issue, Judge Stout ruled that the trial could proceed to deliberations. He reiterated in instructions to the jurors that they should ignore Rich’s comment.
The closing arguments boiled down to a dispute over whether Kirksey helped plan the robbery. Assistant District Attorney Jennifer Wright told the jurors that under aiding and abetting, if Kirksey helped plan the robbery, he also must be found guilty of five counts of attempted murder.
Wright argued that it was clear from the surveillance tapes that the robbers had inside knowledge.
“They know exactly where the money room is,” she said. “They know exactly where the employees are in a back room. They know there would be a big hit – $30,000 if they would have gotten away with it.”
Then, pointing to the Collier Kirksey, Wright said: “How do they know that? Right there.”
Rich reminded jurors of cell phone records indicating that Kirksey and robber Ronald Crear spoke several times in the two hours leading up to the robbery, including one phone call five minutes before the robbery.
“The phone records speak for themselves, and they speak volumes,” she said.
We'll release the rest of this story at 8:30PM........
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