Taken from Opening Statments
Line 4--None of the opening statements made by D.A. Nassar concerning the upcoming testimony of witness
Derry Scott are accurate. He never testified to any of the things she said he was going to
tell the jury.
Taken fron Testimony of Joseph Burrell--Investigator
Line 72--Said all shots came from the left of the victim's vehicle and it would be difficult for there to be more than
one shooter. (Ballistics tests will show, as well as testimony, that all shots were not fired from the same side--the
victims wounds were not consistant with this.)
Taken from Testimony of Alan Brown--Homicide Investigator
Line 308--No prints from the defendant were found on or in the victims car.
Line 310--One of the paramedics had spoken to the female complaintant (Prado), but he did
not put this in his report. (Prado makes a contradiction about this having occured-Lines 489
Taken from open talk in the courtroom while the Judge inquires about a witness
Line 334--Asks whether the Scotts have been charged with any crime.
Line 335--The Scotts were told by the NAACP that they had the right to plead the 5th Amendment which
protects against self-incrimination.
Line 340--Scott says his testimony may be a little different if he testifies
truthfully, which is why he wanted to plead the 5th Amendment.
Line 355--Judge asks the mother of the Scotts if she talked to the NAACP.
Line 358--Judge wants to know the name of the NAACP who told her that her kids could plead the 5th Amendment and gave
her bad advice.
Taken from Testimony of Curtis Blount--State Witness
Line 362--Said he saw one guy standing outside of the victims car.
Line 363--Said he(the man he saw) was talking to an occupant in the victims car. Gives description of the person he saw.
(which is the co-defendant Mosquera wearing the blue jogging suit he was arrested in)
Line 364--The time was between 1a.m. and 2a.m.
Line 365--He left and came back about 30 min later and they were still talking.(Mosquera and occupant(s)
of the car)
Line 366--Says he got home about 30 min later and then he heard gunshots.(The total time in which he describes covers
a span of over an hours time)
Taken from Testimony of Douglas Beal (Smith)--State Witness
Line 389--He was on probation and had a pending murder case and was in prison bootcamp at the time. He said he felt the
D.A. reinstated his murder case (it had been dismissed) in order to coerce him into testifying against the defendant.
Line 390--Said the Prosecutor threatened him with aggravated perjury if he did not testify.
(He had four conversations with prosecutors--said he felt they did not beleive him.)
Line 403--Did not feel he had the freedom to leave the police station because he was handcuffed.
Line 404--He did not see any money that night.
Line 399--Said he felt he was coerced into giving statement.
Taken from Testimony of Derrick (Derry) Scott--State Witness
Line 414--Does not recall any conversation between the defendant and the co-defendant, Derrick Graham.
(This is what D.A. Nassar's opening statement was about--she said Derry Scott would testify
to all of this but he did not.)
Line 415--Does not recall defendant asking Derrick Graham anything about money.
Line 418--Judge allows Derrick Scott to give his opinion from what the Judge said he heard. (Derry
Scott just testified that he did not hear any so-called conversation as D.A. Nassar claims--so how
can he offer an opinion?)
Line 440--Said his testimony might differ from what he previously said.
Taken fron Testimony of Elsie Prado--victim/witness
Line 467--Said they made stop to get something to eat around 10:30 p.m.
Line 470--First said another car showed up and then turns around and said it was already there. (Which
Line 471--She said a man came up to the right side of car.
Line 472--Siad that the car was low--could not see the mans face, only his body.
Line 474-- She describes the events as they occured as soon as they stopped the car. (This contradicted what State witness
Curtis Blount testified to in line 362-366.) Ballistics also contradicts her version of events (that the
shooter was on the right side of the car).
Lines 477--She said one persone did the shooting.
Line 489--She sais she remembered talking to hispanic nurse. (Remember this point!)
Line 498--Said the shooting happened in short time. (Remember: They got there a little after 10:30 upon leaving
the resteraunt but the shoothing occured between 1:30 a.m. and 2:00 a.m.)
Line 499--Said after they stopped their car someone ran up and started shooting. (Testimony of Curtis Blount
contradicts this in lines 362-366.)
Line 500--Told the investigators she could not see the face because she was in the backseat
sitting behind her brother who was a large man. (Contradicts earlier testimony.)
Line 501--Said they were wearing bandanas and were darkskinned males. (defendant is a light skinned male)
Line 502--Said she does not remember telling investigator that there was a 4th person in the car. She said
she told the paramedic there were only three black males. (This is a contradiction of line 489 where
she testified that she did not tell the paramedic anything)
Line 503--Told investigators that suspect had large handkerchiefs or bandanas over their faces and
the one doing the shooting had something over his head. ( If hair was covered up, then it shows
she was lying at the line-up hearing when she said that hair confused her or hair
was different etc.)
Line 510--Said only one person was doing the shooting.
512--There was a house right in front of the crime scene, but she did not go to this house for help when she got out
of the car after the crime took place. (Why not?)
Taken from Testimony of John Swaim--Investigator
Line 568-- Found out Prado had spoken with paramedic and made a statement to him. The paramedic spoke
Spanish. (This again contradicts Prado's earlier testimony that she did not talk to the paramedic.)
Line 569--Paramedic told him that Prado said a red car cut off their car. (Contradicts Prado's
earlier testimony of events.)
Line 577--Found out Prado spoke to nurse in hospital.
Line 579--Said Derry Scott said Mosquera was driving a red car.
Taken from Testimony of Ernesto Moreno--Paramedic
Line 636--Spoke to Prado in Spanish. She said a maroon or red car cut them off.
Taken fron Testimony of Eva Aviles--Nurse
Line 644-- Said Prado told her that men had bandanas covering their nose and she could only see their eyes and hair.(Contradicts
earlier testimony that the shooters head was covered.) Said faces were covered. (If faces were covered, how could she ID anyone?)
Taken from Testimony of Leroy Benavidez--Homicide Investigator
Line 660--Said Prado told him she could not see anyone because she was in the backseat. She could not
see faces, and she said they were wearing dark bandanas covering hair. He speaks Spanish.
Line 661--Had no problem talking to Prado.
Line 664--Prado said bandana covered complete head and hair.
Line 669--Prado said there was 4th person in the car.
Taken from Testiomony of Jose Selvera--Investigator
Line 680--Prado said there was only one person shooting.
Line 681--She did not see him with the gun.
Line 682--She thought there was a 4th person in the car.
Line 684--Prado said the men were wearing dark bandanas covering hair. (If hair
was covered up as she has said, then how could it have been an issue at the line up??)
Line 695--She said she was in the back seat and could not see any faces.(Major Key Point: Cant
see faces, have bandanas on their heads covering their hair, faces covered--how could she ID anyone?)
Line 722--Said the defendant can be convicted under law of parties. (No evidence was offered at trial under this scheme
as my lawyers objected to this inclusion in the Jury Charge as well as Conpiracy Language they
included where no evidence was offered to support this theory.)
Line 724--Said things that no one in the trial ever testified to.
Line 725--Said things that were not testified to at all during the trial.(Distortion of Evidence)(See line 4
and also line 414)
727--Said more things which no one testified to during the trial. (Where the D.A. gets this from has yet to be seen.)
Line 733--D.A. Nassar admits Mosquera was dressed in a blue jogging suit.(This is what State's witness Curtis
Blount said the man who was seen standing at the car talking for an hour was wearing.)
Testimony of Randy Mc Donald--Defendants former lawyer (He had to remove himself from the case
in order to be a witness for the defendant. The judge would not allow him to testify in front of the jury in guilt/innocence
phase of the trial.)
Line 1056--Jury sends out note saying they are at an impasse--ask judge what they should do. They are divided
8-4 and have been deliberating for 12 hours.
The judge sends them back to deliberate some more. Jury sends out another note and they are still at an impasse.
They are divided11-1.The judge sends them back in. Hours later they come back with death sentence. (Seems like they were given
no choice from the judge who repeatedly sent them back for more deliberation. (15 hours total))