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Wednesday, July 11, 2007

What a powerful hour

Did Jerry Anderson cry? I am about a good 10 yards from Jerry Anderson, and as I said, it's a packed courtroom. But when Lisa Dubs was giving her powerful closing arguments, I saw, as did my fellow media, Jerry wipe his face. I didn't physically see a tear, but I saw him without his glasses and he wiped his face with a Kleenex. He's not the only one upset, but maybe the most shocking. I've seen very little reaction from Jerry this whole time. So, Dubs was talking about "How is he supposed to feel?" Law enforcement was telling him his wife ran off, that she didn't love him anymore. What was he supposed to do? What was he supposed to tell his son, Matthew? (Who is in the courtroom by the way.) His wife is missing and the people hired, elected, to protect and serve us are telling him Emily left on purpose, Dubs said. A passionate Dubs said how do you deal with that? How dare they accuse you of murder because they think you didn't get (the emotions) right? She questioned the alibi - about the oil filters. She pointed out that Jerry never said in his statements he changed oil filters. The dates on the oil filters were in Jose Garcia's hand writing. (Although Dubs said Martin Tellas, but I think she meant Jose. He testified twice about oil filters.) The fingerprints, Jose's. What a dumb alibi! she said. Dubs told the jurors early in her closing comments that the prosecution can't just throw up a case and ask you to figure it out. She said you have to believe beyond a reasonable doubt. She emphasized that it is the state's job to "fully satisfy" and "entirely convince" the jurors that Jerry did this crime. That it is not Jerry's job. Nor should he be punished or looked down upon because he did not take the stand. The law does not require Jerry to take the stand. The law says the state must prove its case beyond reasonable doubt.
Do you believe beyond reasonable doubt? Are you "entirely convinced" and "fully satisfied"?
The jurors aren't finished yet. At least, they shouldn't have an opinion yet. The defense is complete. Eric Bellas will begin his arguments at 2. I still believe the jury will begin deliberation today. I just don't know if it will be enough time to return a verdict, but we'll see. I will be back.

21 Comments:

Anonymous Anonymous said...

This comment has been removed by the author.

July 11, 2007 at 1:48 PM  
Anonymous Anonymous said...

Jen, I think it is unfair to report that Mr. Anderson possibly cried. Shame on you. What business is it of ours if he finally showed the strain of this hell he has been going through.

Here is a man who has chosen to live his life privately. He doesn’t want to show his emotions - a choice he is allowed to make. But that’s what much of what this trial was about wasn’t it? He didn’t react to the news of his wife death the way WE thought he should, so collectively we threatened to end his life. Are we getting this? We threatened to end his life.

This is the idea of a Junior High School clique racing out of control. He didn’t fit in the way we demanded of him, so we won’t just pass notes around the lunchroom about him, we will try to have him killed. This is our “civilized” world? This is why we are better than Saddam?

And now he cried. Yippee! We broke him down. We forced him to finally react and show his feelings. We got to him. And when the NOT GUILTY verdict is read, well... we can walk away knowing that we at least we made him cry. We won! Serves him right for trying to be something we are not!

I am disgusted.

July 11, 2007 at 1:52 PM  
Blogger wjs said...

I viewed several days of testimony.

The state did not prove its case. The defense has run circles around them.

Anderson may not be "not guilty" but he has not been proven "guilty" beyond a reasonable doubt.

One observer's opinion.

July 11, 2007 at 2:07 PM  
Blogger loopy said...

Hmmmm....now Allison where did Jen mention that Mr. Anderson possibly cried????? I must have missed that!!

July 11, 2007 at 2:11 PM  
Blogger loopy said...

Oh ok....I stand corrected Allison, I found it!

July 11, 2007 at 2:12 PM  
Blogger Unknown said...

I don't think it's strange that he cried ,after all they were talking about HIM and how hard it was for HIM, didn't show any emotion until it was about HIM.

July 11, 2007 at 2:24 PM  
Blogger Tinkerbell_28120 said...

Dang Allison....that love you have for Jerry has really kicked into high gear-don't worry sweetie...he'll be yours soon and then you'll need to watch your back for gun shot wounds...

July 11, 2007 at 2:26 PM  
Blogger winklem said...

I agree with allison. I haven't posted a comment until now b/c I wanted to sit back and see what was going to happen. Not everyone shows their emotions but we have made this man sit thru this and what have we got out of all of it? We made him cry, something he shouldn't be driven to do b/c of the way he is treated. His wife apparently left him for someone else, the way it sounds with her being seen with another man before she went missing and then what could be her glasses being found in a hotel room, what do you think she was doing in there, she sure wasn't meeting her husband for an out of town meeting and I don't believe me or anyone else would go into a hotel room with a complete stranger without a struggle and there were no signs of struggle on her body or clothing.

Whatever happended to innocence until proven guilty? I don't believe Jerry has received a fair trial b/c from the very beginning of this investigation everyone has pointed their finger at him b/c he is the husband and had a temper. Everyone has tempers and maybe we all should be accused of things we haven't done b/c of what we have said in a moment of anger.

Our County and State did a poor job of gathering and proving the evidence. What in the evidence points to Jerry? Nothing that I see. But we all have our own opinions.

July 11, 2007 at 3:11 PM  
Blogger Concern said...

tinkerbell_28120...who do you think Allison is? The last comment you made sounds like a threat to me.

July 11, 2007 at 3:25 PM  
Blogger Tinkerbell_28120 said...

no threat...just comments....

July 11, 2007 at 3:36 PM  
Blogger Concern said...

Well I hope if anyone of you are ever on trial that the jury uses their heads and not their guts to make a decision about about your life and you will never have to sit in jail as long as Jerry has because someone's gut told them you did it or you acted strange.

I pray justice prevails.

July 11, 2007 at 3:45 PM  
Anonymous Anonymous said...

concern, thank you for your concern.

tinkerbell, what was that? I voice an opinion counter to yours so you think I should be shot? Doesn't that make my point exactly. You don't like what someone is saying so that person should be killed?

I think if you were any type of decent person you would apologize and removed your comment.

July 11, 2007 at 3:47 PM  
Blogger Tinkerbell_28120 said...

bit me Allsion and all...they were just comments....you people need to take a chill pill.....

July 11, 2007 at 3:51 PM  
Blogger Concern said...

Tinker and All

Everyone should choose their words carefully because someone could misinterpret what you said and throw you in jail.

Telling someone to "watch your back for gun shot wounds" and saying "bite me Allison and all" are not words that have been chosen carefully.

July 11, 2007 at 4:05 PM  
Blogger ret-investigator said...

Whoa girls and boys--This site is not for mud slinging and by the way some of you that are on here now I have not seen at all on here. That is unless everytime you sign on it's under a different name. Some people just operate that way I guess.
I suppose the moment of truth is getting very near and we all will know the verdict in this case. However, either way the jury deicdes this case is far from over. If they find Jerry not guilty--your county will have an unsolved murder back on their hands and trust me no one will forget about it. If they find him guilty then the years of coming appeals will keep this thing going for years. If the jury cannot reach a verdict (hung) then the state had better get off their ass along with the Sheriff's office and investigate the case the proper way and find out who the killer is. The sad thing is that regardless of the decision of this jury this world has lost from all I've read a wonderful person in Emily. It is a sad world we live in and something like this makes it worse.

July 11, 2007 at 4:30 PM  
Blogger ret-investigator said...

This will be my last attempt to show everyone on here what went wrong in this investigation and regardless of the decision of the jury the investigation was "sloopy" to say the least. When you have a case of this magnitude and the many different agencies involved there has to be at some point and it should daily a meeting of the investigators involved to talk and find out what each other are doing. Things like witness statements and evidence gathering should be kept in precise order as their done. You cannot have people running around playing Columbo and only reporting things they think is relevent and throwing other information out the door. If all things are done in the precise order as they should be and all the i's are dotted and the t's are crossed at the close of the investigation then the law enforcement side could present their case file to the DA office for review and their recommended charges. At the very end of that case file should be a simple statement for the DA to review and that statement should be a summation of all the evidence you have gathered and that evidence should support all the elements of the criminal charge you are seeking on the accused. If your evidence such as is in this case does support the element of pre-meditation by the accused then you have no case for a first degree murder charge seeking the death penalty. I have read nothing from alot of sources concerning this trial and I have yet to read anything that supported seeking the charge against this defendant in this case. It would be tough to support second degree murder. Just my thoughts.

July 11, 2007 at 4:49 PM  
Blogger Pastor Nick Wilson said...

ret-investigator -- you sound like a rather informed individual on the process of investigating crimes. As a citizen of Caldwell County I'd feel a lot more comfortable sleeping at night if we had more like you in our Sheriff's dept. If you ever consider coming out of retirement or look to run for sheriff please consider Caldwell. From the looks of this trial we could surely use the help!

July 11, 2007 at 4:56 PM  
Blogger ret-investigator said...

I should have proof read my earlier comment in regards to the proving the element of pre-meditation--It should have read, "If your evidence such as in this case does NOT support the element of pre-meditation". It just goes to show by not reviewing your work that mistakes are made.

July 11, 2007 at 5:04 PM  
Blogger ret-investigator said...

Re: observer of the obvious--I appreciate your comments and I'm thankful for them. I spent a number of years doing major homicide investigations. I learned early on that you are dealing with a lot of lives and also a victim. You can never make the mistake of taking either for granted and allowing emotions to come into play during your investigation. You can have compassion for the victim and their relatives to some extent but at the same time you have a job to do and that is to solve the case. When the case is done and you have done your work and you get your suspect arrested, tried and convicted and you feel good in your heart that you have done your best then you can share with the victims family the closure they feel and take pride in your work.

July 11, 2007 at 5:14 PM  
Anonymous Anonymous said...

Ret-Investigator..I'd like to talk to you about my ex-husbands death...I'd wouldn't want to go into details..but I like how you think.

July 11, 2007 at 8:08 PM  
Blogger ret-investigator said...

Re: Lisa--I appreciate your comment about the way I think in my comments, but it comes from years of old time investigation. I think law enforcement today has so much high tech gear at their disposal they often overlook key evidence in their investigation and that is sad. The main thing about any homicide investigator is to make sure you do your very best from the beginning of the investigation and in most cases all things will fall into place as you go. Lot's of hard work but rewarding when you take a killer out of society.

July 11, 2007 at 9:34 PM  

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