Day Five: September 18th 2008

1:21 p.m. We arrive. GH is already sitting at the defense with both attorneys. Today is going to be the closing statements. Galareka will not testify.

1:30 p.m. judge arrives. We all rise. Judge shuffling through papers. Laughs. Other people present are talking. Almost a full house. GH has more family here to day. About 8. We wait. No jury yet. Today Galareka is wearing a brown suit with an off-white shirt underneath. Her hair is parted from right to left and only half of it is pulled back in a pony tail. Judge asks prosecution and defense if they have any more evidence to present. Both said no. Judge no going through directions with the jury on how to conduct their deliberation. It is finalized. Galareka Harrison will not testify. Papers being passed out. These are the preliminary instructions.

It is your duty as the jury to determine what the facts are. You should not guess about any fact. You as jurors are the sole judgers of what happened. It is up to you decide which testimony to believe. You are to consider the testimony of a police officer the same as you would any other witness. You must start with the presumption that the defendant is innocent. Proof without reasonable doubt. Premeditation means the defendant intended to kill another human being. 2^nd degree murder. The defendant intentionally caused the death of another person. Does not require premeditation. The state has to prove beyond a reasonable doubt that the defendant did not act in self defense. If the jury finds her not guilty of first degree murder or can’t reach a unanimous agreement, then they can consider second degree murder. If not second degree than manslaughter.

2:03 p.m. closing arguments begin

The defendant’s decision altered her life but it was her decisions took the life of Mia Henderson, this is a case of over whelming premeditated murder. The intentional taking of another’s life. It doesn’t matter how long this reflection may be. There was a decision making process that occurred, there is ample evidence of premeditation, Lie after lie that Galareka told the police on September 5^th. At he ends of the nearly three hours of the fake man story. Took a knife and fake suicide note. “I sat there and I was thinking and think and thinking and thinking.” She was mad. The fact that police were investigating her. Her family thought she was being good. All I wanted was to be free. Her intent was clear; she walked up to Mia as she lied on the bed and took out the knife. The end result of what happened in that room that night was the exact intention of what Galareka wanted. Once you get through the lies and once you get down to what happened in the room. Witnesses tell you what the defendant was doing to the nights preceding the murder. Defendant confessed theft to Officer Lopez. She did have possession of the wallet and checks. Turns over Annalisa’s wallet. Premeditation doesn’t require what a normal person would think to murder a person. Mia told Londynn that she was pressing charges, Yolanda said some things were weird. Like when she asked what happens to people to steal. Asks if you can identify finger prints if somebody’s wearing gloves. The question came up. Brings up the fact that I have a friend at school who thinking about suicide. Back in Tucson, defendant wants to buy school supplies. Even Yolanda questions her knife purchase. Defendant says this is the one she needs. The knife is purchased just after 7:00 p.m. it’s about 7:40 when she goes to the science library. Stays for about four hours. For hours she’s in the science library and she’s writing that note. Tells the police all I wanted was to be free. Went up to her friend Samantha’s dorm room and stays for hours. Stacey says it was kind of weird and on more than one occasion she asked is my roommate asleep yet. She has the instrument that she wants to use to stage the suicide. She has the note she has the knife. She walks in and Mia was lying on her bed asleep. Immediately after the defendant starts attacking Mia, Mia tries to fight back. Clearly there is a fight. Mia Henderson is at that point fighting for her life. Holding up her hand holding up her arm trying to deflect the blows. Things didn’t go as planned. It’s supposed to look like a suicide. A minute a couple of minutes of absolute silence. The defendant had planned to make it look like a suicide. The defendant made plans to go back to window rock. Couple minutes of silence is a long long time. The screaming stopped. Then the defendant comes out of her room wailing and crying. Only took a couple of minutes to decide that this doesn’t look like a suicide. Defendant told Casella that Mia attacked me. Roommate already bloody. Wants him to believe that Mia attacked her. Every time she tells another lie she cries. Every time she talks about this mysterious man, she’s crying. When she’s not talking about him she’s giggling and laughing. Goes back to the man she cries. One hour and half she’s manipulating officers. Leading them down a path. You don’t have to listen to her voice, listen to how she talks. Hour and half she has a story that she sticks to. As the detectives get information, they question her. This story about a man is not making sense. This time I promise to tell you the truth. She lies again, crying and emotional. Tells story about Mia reflection in the window coming at her attacking her with knife. Only after Yolanda Nez comes forth and says we were at target and she bought this knife. Defendant said no that was Mia’s knife I just have the exact same one. Was Mia asleep when you went into the room? Tragedy that this was such a senseless senseless act. Planned out so far in advance. That is premeditation. You may be considering self defense. It’s our burden to prove to you that this wasn’t self defense. One of the things about self defense is that if you get a knife and attacked someone its not self defense. You can’t provoke a murder and say it was self defense. You can’t claim if you initiate an aggressive act. You’re the one sitting and texting for hours waiting for you roommate to fall asleep. It is not self defense is a person is on their bed and you attack them. If you’re the aggressor and immediately withdraw… detectives said assuming that Mia attacked you and once she was on the ground G.H. took the knife and put into both hands and thrusted it into her back. In this case you have to examine the evidence of premeditation. All other folks saw. You will not find a case with more premeditation than the one in front of you. She is where she is now because of the decisions that she made. It is the defendant’s decisions and her actions that she needs to be held accountable. Reflective actions. Making all her problems go away meant that Mia had to die. She wanted Mia dead and Mia is dead by the hand of the defendant. Evidence shows premeditation of first degree murder.

2:36 p.m. court afternoon recess.

3:00 judge enters. We rise. Jury enters a minute later

It is now the defenses turn for closing statements. Mr. O’Brian

Members of the jury, Galareka is not guilty of first degree premeditated murder. Your job is harder than any others job here. You don’t get to pick what parts are true and ignore the rest. You consider al the evidence. When you do you will determine that she was not guilty of premeditated murder. The first statement that was taken was taped after Mia had called the police. The officer told you he told her Miranda rights. Don’t worry…focus on what I’m telling you now. They begin speaking to her around one o clock. When they get to the end of her Miranda warnings, how old are you? 18. That doesn’t apply. The point meaning that the Miranda rights don’t apply. When asked what were you talking about? He said he was referring to the juvenile case. Something he knew about and didn’t apply to Ms Harrison. If there is anything of cohersion of some sort. One thing he suggests is consider what evidence there is without that statement. Its one thing to pick out what parts are true and use it to fit your statement. Who gets to pick and choose? Not me not our government. Why is it that the end is only true? Why not parts of the other stories not true. Two male police officers come and say were going to take your picture and were going to talk to you but oh wait that doesn’t apply. I said in my opening statements that two girls set down a path. It was actually three. Need I remind you that when we were 18 we thought we could function on our own? But we have three young girls whose paths intersect. Two of them who already met. They wanted to be roommates. These girls where so worldly that they didn’t need the first years scholars program they just needed a place to stay. These 18 y o girls meet Galareka. The person who shouldn’t…this girl Galareka came into a situation that was unwanted. Londynn says it was Galareka who was unfriendly and responded with one word sentences. Say Londynn lied to year under oath. If you believe officer Lopez lied to you then Londynn told the truth. Londynn told you that officer Lopez laughed at them. They posed and tried to get him into photographs to prove that his happened. The officer didn’t confirm any of these statements. Weren’t other people in the hall? They said they were in the room. Why was that lie told to you? What reason was the lie for? The fact is I wasn’t in that room. State’s council wasn’t in that room…..you members of the jury weren’t in that room. You have to piece together as best you can what happened in that room. Do you really believe that this 18 year old naive girl…or do you think she’s a terribly scared girl. Who knows that nothing will be the same? If you had children you know they won’t tell you exactly what’s going on. But that doesn’t mean they committed premeditated first degree murder. What if other portions of the statement are true? What if other than what states told, did happen in that room. What if Galareka contacted Stacey because she didn’t want contact with Mia? Something had happened that would require the university to make a change. You heard Diane tell you that the next day she was walking in the lobby and saw them say “you need to let bygones be bygones and shake hands” they were both upset. It was clear that Mia was not going to let bygones be bygones. It was clear that she was going to press charges. You can ask yourself lots of question. Gloves were never found in the room even though G.H. talked about C.S.I. GH just had a bad feeling about going back. The government tells you she was already premeditated murder. What if she just knew she was going to have to deal with the situation? When Diane was testifying I know you heard her say she heard a noise screaming and then silence for a minute or two. Did you hear how her statement of a minute of two became two minutes and then a couple of minutes? I would suggest that you listen carefully to the difference in Galareka’s voice. At the end she’s giving one word answers. It’s not a change from a liar to truthful. No breaks given to Galareka. Interrogation continues until the police get the answers they want. Does it make sense to you embers of the jury? If you’re trying to get away with a crime you leave a trail a mile wild. If one would commit a crime would you purchase the weapon with someone not involved? Or type a suicide note that no one would believe. This is not the work of a master manipulator. The government would tell you that all it would take is for Galareka to walk into the room with out a knife and it’s not self defense. Does it make sense if someone’s putting a knife to you throat you going to stay asleep. Was it a fight begun by Galareka or Mia? What evidence shows that its not self defense. I was thinking and thinking and thinking. you supposed to conclude that she was thinking about killing Mia. If you’re going to stage a suicide you wouldn’t stab somebody that many times. If you’re a master manipulator wouldn’t you have picked up this note it that’s what you were trying to do? You heard testimony that paramedics picked the sheet up and carried her. There is no blood on that mattress. Assuming that there was testimony that Mia was on her head and knees…where the rest of the blood on the room is. There’s a big quantity of blood near Galareka’s bed. You’re here to analyze all the evidence. Do you believe that this 18 year old girl is a butcher? If one is in a fight and bleeding too, there is blood al over this room. If Mia succumbs from her wounds and falls Galareka who is also fighting for her life doesn’t know Mia is dead. There were 5 6 7 wounds that were fatal. This is not something that took a long time. It’s possible that Galareka fighting is in a panic and stabs her again as she runs out the door and she doesn’t know that this fight is over. I submit to you that the government has said to you that premeditation can take any amount of time. How long does premeditation take? We don‘t know the details of it. What if some of what Galareka said is true. We don’t know the details. You heard the police officers say to Galareka Mia must have done something. Were they saying that to get Galareka to agree with them? Now the Jude has told you more than once it’s not Galareka’s duty to testify. If there’s any suggested of the contrary that’s not something for you to consider. The fact that someone buys a knife is evidence but what is evidence of? The government said premeditation is it? What if this was true? How does this make sense? What if Galareka thought if she threatened Mia then Mia wouldn’t press charges? You’re supposed to put the puzzle together if you can. She is presumed to be innocent. Essentially you’re supposed to give the benefit of the doubt to not the government but Galareka. The decisions that you make doesn’t change because there’s cameras that take pictures here. What if you don’t include the statement and find G.H. not guilty of murder and she acted in self defense. Our system of justice is unique. It may not be perfect but it’s certainly better than other systems. We’ve gone past mob justice. Our system puts this in the hands of the jury and gives power to each one of you. Because I say no and because I have a doubt about this. We’ve moved to a time where we get to question the witness’ to see if they have the truth. Sometimes even that isn’t enough. We have a system to judge confessions and see if they’re voluntary of not. You heard the finger print expert come in and say there are prints on the knife but we can’t determine whose they’re. You will not find G.H. guilty of first degree murder. Is this a crime of premeditation or passion? Planning or frustration reaction and rage?

3:43 p.m. DA done

Rebuttal

You need evidence to decide a case. I’m not the one who says she’s lying to the police. The defendant said she lied. I’m not the one who said now I’m going to tell you the truth. It is the defendant who tells you that she lied over and over again. Let’s say that it was one minute that there is silence after the defendant stabbed Mia Henderson [he pauses for a 30 seconds] courtroom is silence. That was only 30 seconds. What was she doing? What was she thinking? Pathologist said one wound deeper than others 7.5 inches. Defense said what if she stood next to her and stabbed her. Defense suggests that the victim somehow provoked this. The instructions that you get from the court defines provocation. Requires a reasonable person lose control from what the victim was doing to them. When you leave for the weekend and write a suicide note that’s cooling down that’s reflection. Suicide note placed neatly as if defendant expected the RA to come in and find it. She makes the decision to approach Mia as she lies on the bed. Defense suggests there was a struggle where they were tumbling and tumbling around the room. There’s a photograph in evidence showing injuries the defendant had. There were bite marks on the fingers of the defendant. They asked her. She thinks about it. Mia was screaming and I needed her to stop screaming so I put my handover her mouth. She bites it. This was an act that was thought out. You don’t need to speculate to what the defense attorneys a=say might have m=been the case you have the evidence right in front of you. This wasn’t a note of apology but it was a plan. It was a plan that she reflected and thought upon. The issue that you have to decide is did she carry out the plan that she decided to make. The officers didn’t threaten, make any promises, or coheres her. The police do give her breaks. They giver her water. They let her go to the bathroom. When you listen to the part where she becomes quiet at the end.