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John Murtha — Part 28

137 pages · May 10, 2026 · Broad topic: General · Topic: John Murtha · 134 pages OCR'd
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jury to see the videotape of Myers in January, 1980: as evidence of his state of mind in August, 1979. The court has carefully considered all of the arguments advanced by the Myers defendants and concludes i that none of them alone, nor all of them together, constitute — sufficient basis for either a judgment of acquittal or a new trial with respect to any of the four defendants. A few comments about. some of these contentions are appropri- ate. 7 ee The complaints about the prosecutor's closing argument ring hollow in the context of this case. Given | Myers' surprising defense, that he was "play acting", the defense dramatically placed into contrast Myers’ demeanor - in his appearances with the undercover agents before the TV cameras and his appearance on the witness stand. before the jury. Under these circumstances the prosecutor's comments about "incredible" and "Alice in Wonderland" consti-! tuted no more than fair comment and argument about. the _ evidence. The prosecutor's argument was fair, even restrain- ed when contrasted with the summations of defense counsel. Nothing in the prosecutor's summation could fairly be inter- preted to have implied that he had additional information about the case beyond what was presented in the courtroom. Indeed, his plea to the jury was. to decide the case precisely + . . eer? oo nN ree areneenerery ety Meee yA RMERT dm cheptinnmnten SY mT pem tte NRA pet eRe RT ttt At Ae eT PD tnt 7 - « . ’ ' 6 . ¥ ’ . '
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