The Police News
November 6, 2009 COURTROOM PHOTOS
Baby Grace Trial Day 8- Final Arguments
The courtroom of Judge David Garner was extremely crowded this morning with witnesses, family members, investigators and the media; with many standing as the seating available filled quickly.
Judge Garner answered requests by the defense and prosecution regarding closing arguments. It was decided by both the prosecution the defense that their closing arguments will be split with Asst. DA Kayla Allen addressing the jury first, followed by Dena Fisher and Dee McWilliams for the defense and District Attorney, Kurt Sistrunk having the final address to the jury.
Assistant District Attorney Kayla Allen
Allen started by telling the jury they may well have heard that Kim was shy, introverted and didn't spend much time with Riley but wanted them to remember that two people were charged with killing Riley. Ms. Allen further stated that the jury should look at all the evidence and draw a reasonable inference. She reminded the jury that the defendant's coworkers testified to Royce remarking that Riley was a brat, that she would run amok and that Kim couldn't or wouldn't discipline her. Additionally, they should remember the other remarks of the defendant; that he was tired of the expense and embarrassment of Riley.
As her closing continued, Ms. Allen reminded the jury of the words of the defendant's mother when she testified to finding bruises on Riley and stated that Royce looked down in shame. The prosecutor also reminded the jury that within ten days of Riley's death, the defendant was at a company party drinking and having a good time while Riley's body was in the storage shed.
DA Allen suggested in her closing that indeed the defendant did not panic as he had stated in his interview with authorities, but instead had the presence of mind to go to Wal-Mart, purchasing items in two separate lines; buying two sets of gloves and two sets of masks to assist in cleaning up the crime scene. She continued her address to the jury and told them not to blame the police for the lack of forensic evidence in the case but instead to blame the defendant. Ms. Allen then told the jury that they convict the defendant on circumstantial evidence.
Nearing the end of her time to address the members of the jury, Ms. Allen stated that the defendant had lied throughout this incident to family and coworkers. She told the jury that Royce and Kim were comfortable with each, sharing a terrible secret. Ms. Allen advised the jury that Royce and Kim not only got pregnant together but additionally, the murdered Riley together. The prosecutor stated that the theory of the defendant trying to protect Kim was not reasonable as he had been talking about divorcing her, just the night before. She further reminded the jury that for two years Kim never laid a hand on Riley but that once Riley was around the defendant and in Texas she lasted six weeks. Ms. Allen said the 3 skull fractures that Riley sustained were intentional and that Royce and Kim went to great lengths not to link anything that happened to Riley, to themselves. She asked the jury for a finding of capital murder.
Dena Fisher, attorney for the defense was next to address the jury in closing arguments.
Ms. Fisher's closing argument started by telling the jury that indeed the defendant was innocent, as he had told investigators that he had participated in the disposal of Riley's body. That fact however, made him guilty of tampering with evidence, not capital murder. She told the jury that there would be no happy ending to this case, no matter what they decided; that this case has changed all the lives it has touched. She stated that she too feels sadness and regret when she drives over the causeway and looks at that railroad bridge; that she feels badly that Riley's life was so short.
She asked the jury to look at the complete picture of this case, the evidence from both the defense and prosecution. Ms. Fisher asked the jury where the evidence of murder was, as the evidence points more to tampering. Ms. Fisher asked the jurors to call on their own experiences in life when deciding this case.
The attorney for the defense called Royce's coworker from Emerson, Scott Estes, a liar; stating that Mr. Estes had worked with the defendant for four to five months, while the defendant was under the worst pressure of his life. She talked about the media coverage and the unflattering mug shot of the defendant, as well as, the need of some people for their fifteen minutes of fame. Ms. Fisher suggested that the need for the media spotlight is what prompted some to call the defendant 'psycho' and 'creepy.' She also noted that those characterizations were made after some of the facts of the case had been made public.
Ms. Fisher then spoke of the witnesses who came to testify on behalf of the defendant, noting that his own brother, Hiram, was a witness for the prosecution, noting that the relationship between the brother is forever changed, also. She stated that these witnesses had great courage in coming to testify in light of the media coverage and that all of them testified that Royce had been a good person his whole life.
Ms. Fisher the spoke of the other witnesses who came to testify for the defendant who all said the same thing - that it is unimaginable for them to believe that Royce killed Riley, even after he admitted his part in this case. The attorney further stated that two character witnesses for the defendant, one in law enforcement and the other a prosecutor, didn't believe Royce's statement unless he is trying to protect Kim. Ms. Fisher suggested to the jury that these two witness would not compromise their reputations by lying.
The attorney for the defense told the jurors that nothing links Royce to the murder of Riley and asks them to consider all the evidence. She reminds them of the testimony regarding Kim being cold and withdrawn even towards Riley. Additionally, Ms. Fisher reminds the jury of the testimony describing Royce as a 'gentle giant', a 'sissy' and that he will try to protect women; especially evidenced by the fact that he helped Kim at a time in her life when she and Riley were almost homeless in Ohio. Ms. Fisher also reminded the jury of the testimony of Royce's landlord who spoke so highly of the defendant, having nothing to gain herself. She asked the jury to "look at the big picture."
Towards the closing of her remarks, Ms. Fisher suggested to the jury that the State did not prove their case beyond a reasonable doubt; that the State has the burden to prove that the defendant committed this crime, and that is especially important when looking at putting someone away for the rest of their life.
The defense attorney then stated that Royce has been a helpful and thoughtful person for the majority of his life. She went on to say that Royce never once pointed the finger at Kim and only told his side of the story after he had spent a somewhat harrowing night in jail. Ms. Fisher also told the jury that the pictures from the company party don't show Royce to be happy since the defendant was not happy Riley died, maintaining that the defendant loved Riley. She also stated that after disposing of Riley's body, there is no right way to act and that a scary story is still a scary story. Ms. Fisher asked the jury to be honest and told them she realized that they had a very hard job.
Dee McWilliams, attorney for the defense was next to address the jury.
In an impassioned address to the jury, Mr. McWilliams told the jury that he is aware what effects the circumstances of this case can have but asked the jurors to separate emotion from fact. He stated that the court had heard he testimony of law enforcement, yet there remained no evidence linking the defendant to the murder of Riley, despite DNA and trace evidence. He also stated that there was no evidence of bleach being used. The jury was then reminded again, that the defense had turned over the belts belonging to Royce and that there was no evidence of blood despite them being tested twice. He stated that the defendant's DNA was the only DNA identified and that was not remarkable considering they were his belts.
Mr. McWilliams suggested to the jury that the notion of the defendant concocting the CPS story was nothing more than the spin of the prosecution; further stating that Kim created that letter when Royce was 80 miles away. He then suggested to the jury that it was absurd that the defendant would accuse himself of sexual abuse of Riley.
The attorney for the defense then spoke about the notebook testified to by Mr. Hub Mayer. He reminded the jury that once again, the defense had turned over that evidence, as law enforcement had missed it. He also reminded the jury that the notebook contained the bogus CPS letter, a computer generated map yet the prosecution did not send it off to be tested. He then told the jury that the prosecution had stipulated that the writing in the notebook was Kim's because that is the truth. Additionally, Mr. McWilliams stated that an opinion on stress and the handwriting could also have been obtained.
Next, Mr. McWilliams addressed the jury with regard to the suicide notes. He stated that he could not determine the circumstances of Kim's note but reminded the jury that the defendant was the only one who went to the suicide prevention unit.
He continued his statement suggesting to the jury that Royce was not acting, but rather was a 24 year old, beat down kid; who admitted that his statement to investigators could bury him. Regardless of not walking out of there, the defendant had admitted to assisting in terrible things, telling the authorities what he knew.
Mr. McWilliams told the jurors that reasonable doubt did exist in this case; that the States' case didn't have resonance as it didn't take two people to hide a baby. He stated that the prosecution was running from the burden of proof because they didn't really know what happened, have no proof and precious little evidence. Mr. McWilliams maintained that they cannot prove Royce killed Riley because he didn't.
The attorney then proceeded to talk about the "Rules For Riley," suggesting to the jury that the negative implication of them is indicative of what happened in this trial, as the prosecution attempted to make those rules appear evil. He told the jury that there wasn't anything wrong with having rules when raising a child. Mr. McWilliams also told the jury that the notion of a conspiracy to kill Riley went beyond the pale and that the case the defense presented was not unreasonable.
Mr. McWilliams then spoke about the testimony of FBI agent Don Gay admitting to a ruse to get the defendant to admit to something more other than what he had stated in his interview. He further spoke with regard to the witness from the doctor's office who testified to her remark of; "Someone's going to get beat tonight," when in fact she did not know the defendant from Adam. He maintained that the prosecution trotting her out there was also indicative of the type of case it was.
In closing, Mr. McWilliams told the jury he understood that they had a difficult job ahead of them; that it was "not easy to be the person who stands against the mob." He left the jury with a quote from his mother: "When it comes to the right thing to do, you don't have to, you get to.
District Attorney Kurt Sistrunk had the final address to the jury.
The District Attorney started his address by telling the jury that if they had never seen the face of a child killer, that they should be sure to get a good look at Royce Zeigler.
He told the jury that his office didn't have a video tape of what the defendant did, but that they have evidence. As he was speaking, he moved toward the blue plastic container that had held Riley's remains and began to kick it, producing a loud thud in the courtroom. He then stated that it was not the States' fault that there had been rotting flesh in that box.
Mr. Sistrunk told the jurors that killers cover their tracks. He stated that the State may never understand exactly what happened; that the defense wants to tell the jury that it is not enough but it is all they had; all that was left to them. He then showed the court the chain that was bought during the defendant's trip to Wal-Mart and stated that is was absurd to think the defendant was simply buying that chain for his truck, as he was purchasing other items used to clean up the crime scene and dispose of Riley's body.
The District Attorney maintained that the defendant didn't spend the day in bed, as he had told investigators, rather the defendant was sending and receiving emails proving he was up and awake. Mr. Sistrunk continued his address by stating that the defendant was lying as to his involvement in the CPS story; noting that Mr. Zeigler was the first one to tell that story and then made up the Sheryl Sawyers story when the CPS story failed. He maintained that the defendant intentionally included the sexual abuse detail, in an attempt to further insulate himself from the truth.
He went on to state that law enforcement showed great care and compassion in this case, when commenting on them being overly involved. Mr. Sistrunk stated that no one has left Riley since she has been found.
A picture of a smiling Riley was exhibited to the court, as the District Attorney asked jurors to ask themselves who had that much anger to hurt Riley and stated that it took a lot for this to happen to a child. He asked the jurors to consider motive and intent. Mr. Sistrunk further stated that the defendant had a temper, couldn't stand it any more and was tired of the stress. He also stated that Riley could not defend herself and that although the defendant said he would leave, he remained in the home.
At one point during his closing, District Attorney Sistrunk took a belt and started whipping the floor, while verbally role playing a frightened child and angry parent and stated that this situation went on for hours.
In closing Mr. Sistrunk told the jury that their verdict would be the last opportunity for someone to speak for Riley and advises them that they cannot ignore common sense evidence.
