Obsessed Ex-Boyfriend Murder Trial: Prosecution Closing

um your honor uh council's uh ladies and gentlemen of the jury I I just want to please start by expressing uh without really having the words for uh the gratitude that I think we all feel for your service on this case I mean so many weeks Way Beyond what you were expected to do so just as simply as I can please let me just be part of expressing my just profound gratitude for your time and your service and your consideration in this case I want to start with just a couple of housekeeping things about the charges and then I'm going to get into the the Crux of the argument a couple of the charges are stalking offenses probably not something you think about all the time stalking involves two or more things happening so the a course of conduct where two or more things are done by the defendant we're talking in our stocking allegations today about the April 24th peak in you using his daughter as one of the pecans over at Sadie's place the planting of a foam to track her on May 8th again peeking in or listening in on May 13th at Rosalio gutierrez's place and then of course the homicide committed on May 17th so we're asking the court you you guys to consider all of those things as acts of stalking as well as the emails sent and the and the text sent the the communications the recordings of Sadie Beacham as well so um what needs to happen for a stocking is you need to have an impact that a reasonable person would have and it's called the the part that we care about is serious emotional uh suffering serious emotional distress which means that you have to feel harassed or tormented the reasonable person has to feel that stalking statute also requires that the individual involved the person who is suffering at the other end of that also has to suffer serious emotional distress in other words personally feel that they have been harassed or tormented and you heard in the texts and some of the discussions both Rosalio and Sadie wrestle with the consequences of this right talking about it Sadie has a text where she says I hope this you know doesn't mean that you will you know want to end this relationship because of this harassment um at points Rosalio is trying to be comforting to her at points he is feeling aggressive right I'd like to go break this guy's legs uh you know what's his address the kind of human emotions that people have in response to feeling like their personal Liberty their space uh everything that they sort of care about in their privacy is being compromised by this other person and so those are the emotions that both you heard expressed in the text messages from both Rosalio and Sadie and the question of what a reasonable person would think about that just small housekeeping along those lines is hiding a corpse we're suggesting to you that when Rosalio Gutierrez is murdered on the 17th at around 10 pm the placement of his body in the defendant's minivan is the beginning of a long stage of hiding a corpse and so that is where that hiding a corpse begins in terms of our allegations to present to you today so I want to I want to First cover this idea that um there are two separate but combined sets of facts that allow you to know that there is proof Beyond a reasonable doubt that Rosalio Gutierrez was murdered on May 17 2020 at around 10 pm just around 10 p.m at his own apartment and I say that because there are two things that happen one there is a bloody bloody scene a scene that is has pools of blood that I'm going to talk about a little more in a second but also there are the circumstances of Rosalio gutierrez's absence from the life of everyone he cared about and who cares about him rosalio's phone shows he gets home at about 908 PM he's just dropped his kids off back at their moms he's expecting naridia Macias her last text to him is at 9 37 p.m and that text is never answered she stays at the apartment building you remember she's at the wrong building she doesn't see what is happening but she stays for about a little more than a half hour and she is texting and called calling essentially expressing to him I'm here you know what's going on and none of those are answered none of those are viewed so at this point from 9 37 on Rosalio Gutierrez is no longer answering anyone who is concerned about him or interested in him or who care about him and his life and Now ladies and gentlemen we are 1039 days later and what I just described to you is still the circumstance today Rosalia loved his kids he loved his mom who he was in communication with as a guy almost 40 or around 40 every day every day he was in communication with his mom and that suddenly ended suddenly ended at just around 10 pm on May 17th he planned and proudly was ready to coach his promising son in baseball he never got a chance to do that he had a summer camp scheduled for him and his children called dud uh and it's a summer camp it's common for folks in Kenosha and that summer camp was already planned it's in his calendar and that never occurred on the 19th of May he no longer attended any of the holidays or events or visits he no longer had any experiences with his children he was a father whose daughter had a little love note to Dad on the pillow when she left he was a father whose son shared his love of baseball and emulated him in every way he could in that love and all of that has been gone for every day since May 17 2020. so combined with that Bloody scene you as a jury know he was murdered you know that because those two things together show you that he is God so you know that there is a quantity of blood and a magnitude of blood in this case which certainly tells that story there was blood pooled on the floor by the couch there's blood pooled on the couch itself there's blood sprayed on wall after wall and on the ceiling in multiple areas and on almost every surface of his main room and the hallway by his door there is a quantity and magnitude of blood which is absolutely consistent with Rosalio Gutierrez being murdered there at his own apartment and every bit of that blood that's been tested in those different areas all come back to the DNA of Mr Gutierrez himself so that quantity of blood and his absence from any contact any social media any Financial records any of the people who care about him any phones any in-person contact all of that is gone over those thousand and thirty nine days and so we know and can say as a legal conclusion that a reasonable jury will find that he is murdered the blood and his absence both tell us that story so what else do we know about this crime based on the evidence that's been presented in this case and I want to suggest to you first that the next obvious and real conclusion is that this is a highly planned thought out and executed crime of murder and so I want you to think about who there is in this case who has shown a propensity right who has shown day after day in the conduct that we have outlined patterns of that sort of planning that sort of obsessive conduct that sort of refusal to follow any of the limits and rules that most of us would govern ourselves and who we are willing to use to accomplish our goals in our lives so when I say who I mean of course the defendant right because here's what we know about him in terms of other things happening in the very few weeks that we have a glimpse of his overwhelming out of control No No Limits jealousy towards any new love life for his ex Sadie Beacham what are those pieces of evidence I'm suggesting are are signs of an obsessed planner that are the signature of this crime of murder well one is this is uncontroverted evidence right this is unchallenged evidence in this case in the record sorry the daughter tells you that her father can had conceived a plan with her and it isn't it is a truly Sinister plan of having there be a day when Sadie had brought the boys and the daughter over to visit their dad and then when they figured out that Sadie was gone to visit her new love life then those children would be returned and when those children would be returned the daughter would make a call to her father saying fraudulently falsely well I don't know where Mom is we are abandoned and then he would falsely save the day he would report this she would be a child neglect mom because of the false information and the horrible use of an 11 year old girl to accomplish his Sinister Ames who comes up with a plan like that who offers that as something that an 11 year old should do for them what sort of mind is capable of putting that plan and that use of an 11 year old out into the atmosphere as something real and I'd suggest you it's the same person who could commit and did Commit This homicide so what other evidence do I have that you know this is a obsessive planner Knows No Limits well what about the daughter telling you that when she was urged to peek in that window at her mother when her mother a consenting adult did not have the children over I'm talking about April 24th when Rosalio is over at Sadie's home it's the evening neither of them have their kids with them they're consenting adults and they're in the living room and when she when the daughter peeks up over that into the window to look in at her mother which the father has urged her to do the defendant tells her think about this as a small snapshot in this case tells her hey keep your shirt up so that you don't steam up the glass so that you can't be detected from inside who would even have ever thought of that what sort of an obsessive planner has that in their brain to share to an 11 year old who who is there who is already thinking about cover-ups and avoiding detection in that kind of profound way it's a snapshot right it's just a little moment and of course it is the kind of thing I'd suggest to you an 11 12 year old would never have the capability of giving that kind of detail in a lie or frame up or some kind of false story that she was put up to think about all the computer files that this defendant has that are about Rosalio Gutierrez and the high amount of planning that is all those snapshots that he stored on his computer all the lookups he had done of this individual and didn't just peek at him stored them you know how to file for them had a file where he included the picture of the tracker what about buying trackers at a point where you feel like you're losing control of Sadie beachamin and uh and even though you have another girlfriend that you are wanting her to have no one in her life um the buying of the tracker itself is a sign of a a planner who's willing to put a lot of obsessive effort into this and then what about May 13 you get your directions right where Rosalio Gutierrez lives and then you text Sadie the same sentence that has just come out of rosalio's mouth so you're overhearing from right on that patio what's being said inside okay doesn't that yell out to you as a jury that that's a dry run that that's a reconnaissance mission to figure out what the terrain is so that the next time you come down just four days later you don't have to put you don't have to have your phone right you already know now how to get there you've got the directions from your prior visit you know how close your van will have to be when you kill this man to be able to remove his body from that location you already have had a chance to think about and put together a plan that is informed this is the planner that is necessary to carry out the plan of what you have heard about the evidence that happened on May 17th and you know that this is a highly planned incident know that because the defendant who's his phone behind in Mequon but he's also Off the Grid he's not answering or texting or web searching there's none of the usual activity happening on his phone but he leaves it and what that tells you folks knowing this obsessive planner in terms of the other glimpses we get at him is that this is done for a purpose because he must be able to cloak where he goes to hide where he goes because of what he will do next and so if that is the plan of course he brings gloves okay of course he brings the weapons he needs to be able to accomplish this murder of course he brings the tools that he will need to dispose of this body right the bags any other tools he needs to finish that of course this obsessive planner this person will have already thought about what the location is that he will place this body what the dumpster is or what the what the location is will be something that has no connection to him that does not require him to in any way deviate from any kind of timetable or plan all of those things will have been thought over is it an accident that he picks a day of a heavy rainstorm when people aren't going to be out and about or certainly aren't going to remain out and about I would suggest it is not an accident so what happens well the first thing we know is that in that hallway in that hallway of rosalio's apartment the blood tells a story and I'm going to suggest you a reasonable thought process for you is it tells a story of a blitz attack in that hallway someone hiding ringing a doorbell probably having no idea that Rosalio is expecting company right and so is a person who's going to be prone to open the door but it is going to be somebody who Rosalio doesn't know because you're not going to Blitz that person in the hallway and cause all that blood if you know him you're going to be inside you're going to figure out a way inside to get yourself into a more private location so it's going to be someone who does you who will not be welcome and who you don't know Rosalio doesn't know and so you know from the evidence in this case that there are at least two blows blunt force trauma blows a hard object hitting Rosalio Gutierrez in a way that makes him bleed and not only makes him bleed but makes his blood fly into the air to hit doors and you know that when that blood flies that that door in the hallway is open so Rosalio has not yet managed to go back in or to close that door when he is first attacked and so that is the blitz attack that that evidence leads you to remember that Officer Van we told you that he knows that that door was still open at some of the points that the blunt force trauma blows are happening because there's blood on the interior of the uh of the entry part of the door and that when that door is closed uh that either in the hallway or inside that uh that part of the door would not be exposed so you know there's a blitz attack and you know there's a couple of blows that happen out there and then you know whoever is the attacker the defendant in this case the planner needs to get himself in that apartment and why is that well he needs to get himself in there because two Neighbors at least may start to hear a Ruckus right a neighbor when she is talked to in some detail when it's not just a cursory sort of canvas but when she's talked to in some details says after nine or around nine I hear a scream in the hallway of pain and surprise at a time period right around May 17th Marissa Swan again who testified told you between 10 and 11 on May 17th I heard a loud banging for about five minutes against my living room wall something big was forced up against the wall now the defendant knows that he's got to hurry okay the blunt force trauma attack to get Rosalio Gutierrez in a position where he can be killed that blunt force attack has to be finished as quickly and efficiently as possible because the defendant has no idea whether someone will come any moment soon all of his preparation needs to be hurried and so there are continuing blows there's another blow now on the inside at the door that is a blunt force trauma again blood flies onto the wall onto part of the ceiling over by the dining room table so so a few steps further into the apartment uh over on the wall over there there's a a a table over there and that also has a blow that is suffered right by it and then there are additional blows uh at that table right at the entryway and then another blow at the couch these are all blunt force trauma blows uh and Officer Van we said conservatively there have to be at the minimum six of those based on their locations and the differing blood that has splashed and spattered onto the blinds and all those surfaces and the ceiling and the wall six blows of attack but blunt force trauma is not an efficient way to end someone's life right you can immobilize someone maybe they'll die eventually it is not an efficient way to quickly end someone's life so I'd suggest to you that the rest of the evidence in this case is certainly consistent with someone then changing weapons and one of the things we know is that at least the handle of the object that was the blunt force trauma instrument right whether it's a bat or an ax with a wooden handle whatever you know some kind of Hammer with a wooden handle whatever that first blunt force trauma object is we know that there's such magnitude of blows such Force whatever that that wood shatters you know that the blows being administered to Rosalio Gutierrez eventually shatter that wood because there's a Shard of that wood that you see that has hair of Rosalio Gutierrez on it and the blood of Rosalio Gutierrez on it literally something that certainly seems like impacted his head right and there are other shards of wood found in other locations right on the couch there's a couple of shards of wood so we know that particular weapon got busted and so some new weapon likely was employed and I'd suggest you a knife or a sharp object makes perfect sense there's arterial spray which is something that happens if you puncture an artery which a sharp object will efficiently do for you and cause a spray not the same blunt force trauma splashes and spatters and stains but a different one and often if you stab someone in their vital organs because it's close to them and if they're down and not fighting anymore all you will have is blood flow and the drips and draining of their life out of their body and so there would be no other and distinct evidence of this murder when you turn to the knife and when you finish Rosalio Gutierrez because he no longer in any way shape or form is able to fend off any blows you have to hurry people have already heard a little bit of a Ruckus you have to hurry you have to finish him and so you finish him and maybe get a little arterial spray some blood drips your plan the defendant's plan was to make it look like he disappeared and so he was going to Stage this in a way that made it look like maybe this is a disappearance and eventually people would figure that out but that would buy some time right it's a Sunday night this guy might be working in the morning people might be coming over to his house first thing in the morning how am I buying time would be your first plan and so you are trying to create a plan the defendant the planner is saying I am going to try to Stage this but there's just so much blood folks and he's got to hurry so he grabs up the wood pieces he can grab but he misses once or one or two right he straightens up a couple of pieces of furniture that either fell over or got you know repositioned in a as Rosalio Gutierrez is staggering or maybe even you know trying somehow to fend some blows off those moments of quick staging occur you had an idea already and so you follow through on taking his credit cards and his phone you don't want to leave with those who are afraid that those leaving might give some clue to where you've gone next right but if you hide them in the freezer the battery will die quick and there's a high likelihood that at least for a period of time if somebody doesn't have their phone present if somebody doesn't have their credit cards present maybe they just left right so your your your half attempt to Stage a disappearance still the defendant still chose to follow through on of course the problem is there's just so much blood and this staged disappearance will not allow you to leave that area rug which is so saturated with blood so saturated with blood that some of that blood before was moved has already spilled off into a larger pool that remains on the side of where that rug was but what do you do you take his glasses because if a guy disappears of course he takes his glasses you take his you take his boots write a pair of his shoes you take some Footwear because of course if somebody disappears they took that so you take some Basics to make sure you've staged it but you got to take the rug and you've you've brought supplies to be ready for this right you have made sure that you're going to minimize any kind of problems you'll have in your van and all that but you didn't bargain for that much blood on the rug and so you've figured out how you're going to transport them over I don't know if you're using a a tool or if you're just lifting them yourself whatever way you are moving that a body that you've planned for the body of Rosalio Gutierrez wrapped in a rug utilizing the duct tape and the rope that you brought that your own daughter said was down in your basement when she left on this very same weekend using those supplies you are leaving but when you take this unwieldy dead man when you take him and you place him in the very back of your van roselio Gutierrez and his DNA Splash up when you take him and you set him down there's the tiniest of splashes it's on the passenger side halfway up that console there's the tiniest Speck of a splash that falls off as you set Rosalio Gutierrez body down it's almost imperceptible but it's there and it's in exactly the same location as the cut out carpet as that body was stored and in the end it reveals much of what a jury needs to know so while Rosalio Gutierrez is still wet with blood while that carpet is still wet with blood before it dries when it would still be wet enough to Splash because it's been seconds or a very few minutes since Rosalio Gutierrez shed that blood that's when that Speck of blood tumbles to that location in your van and because you planned it you do exactly what we would expect you to do right you wore Footwear maybe the steel-toed boots that you borrowed from your grandpa working at the tree farm just a day before maybe you wore those you took them off you put on some other Footwear you of course have now taken off your gloves you've taken off that outer garment the same that same plaid sort of very light sort of outer garment that uh both uh your daughter and Sadie say was the last thing they saw you wearing in the late afternoon on the very same day that Rosalio goes missing so just uh about that they saw you wearing about four hours before four and a half hours before rosalio's death you take those items off and of course you package them up plan you're not going to operate your vehicles with those things still on you plan this just like you left your phone at home and so an investigation that is hoping that you were not a planner an investigation that was expecting that you were not prepared for those type of basic things is never going to detect you in that situation right only things are going to detect you are the things you could not have planned for things you could not have intended now you get home right away okay and I'm going to talk about the timing in a few minutes here uh and how uh absolutely impossible it would be for the timing to to fit together this well and you'd be an innocent man but you're home by 11 19 pm you've been radio silent you've been off the grid for more than you know for about almost four hours now you're on the phone all you know you're constantly on the phone from 11 19 to about 1am and so you are establishing your credibility and your bona fide that I've been here okay just like just like your plan was you got back home almost immediately so that you could be sure that if anybody ever looked at you that you were accounted for in a way that was helpful to you but then after one o'clock you're again off the grid for about three hours okay now it's the middle of the night so a lot of people are doing nothing during that period of time right but from one to four you're off the grid and that gives you plenty of time to dispose of Rosalio gutierrez's body in the plan location and to do some of the cleanup now maybe you're in a dark location maybe you can't do all the cleanup you wanted maybe you find that when you start to do the cleanup that some of the blood has actually saturated through whatever you thought was going to contain it and it's actually seeped into part of the car the carpeting and matting in the back of your van okay so maybe you are finding that plan a is not going to be exactly workable and so maybe you didn't have the tools for that bit of your preparation Now not working perfectly and so by 4 AM you are again trying to figure out where you can get cleaning materials early and so you end up at Walmart and you buy more rubber gloves and more garbage bags and cleaning supplies and you go to a location for three hours where uh it's people with family connections to you it's a location you know no one else is going to be at and you can finish your cleanup again bagging all the items again being meticulous about making sure that you don't leave any evidence and of course at your own house over the next couple of days you must run that fire pit and start to destroy some of the rest of the evidence because even when you do the cleanup right even when you do the cleanup you are concerned that maybe the personal clothing that you are wearing will somehow be able to be tied for to you right if somebody finds some of this stuff in a dumpster or buried somewhere or somewhere controlled you can't leave your clothes which is certainly going to have your DNA on it right your pants your socks the boots you were wearing you've got to get rid of those in a way that is DNA proof and you know how you do that you do that with fire you burn those things so that no DNA will ever exist Okay so that's why the burning pit is going on in the rainstorm for a couple of days because you're burning steel-toed boots and and you find at the very top of that burn pile steel toes and shoelaces right you burn your underwear the fragment of your underwear you burn your jeans and we find uh some buttons and in fact you might even burn two pairs of jeans right because you might have changed genes once from the time you committed the offense and then when you did the cleaning of the van in that second situation so you might even blame you might even need to burn multiple pairs of jeans uh and you burn socks right the ones you wore when you wore those boots and so at the very top of your fire pit there's bleach and there's those kind of clothes consistent with that set of garments that you could have okay those things are found in the fire pit I want to talk about some of the major Witnesses in this case for just a second because I think that their sort of I want to have you hear me talk about sort of how I think they responded on the stand and where they sit in terms of your ability to adopt uh what they have said so I want to speak first about Sadie Beach okay who was uh I think in every way you heard her right on the stand uh um uh confronted on cross-examination in her texts uh on the phone when you heard recordings of her she is part scared part at wit's end she is frustrated there are times she is trying to appease and make nice with the defendant there are times she's trying to just manage a conversation just trying to say anything she can to end the endless string of texts or end the hours-long phone calls and in the meantime there are family issues right there are a couple things happening in their lives which do not allow her to cut off all contact with the defendant do not allow her to have some rule that says you know when I tell you you're not welcome in my house that means you can never ever be over here because I need help sometimes with my daughter and so she is a woman just trying to have something of her own he's trying to have some relationship in her life that is not about the defendant and he deals with that with such obsession with such hostility which such Fury that she tries every strategy that anyone has ever can come up with to try to deal with that and that's exactly how you folks on the jury would expect someone who's being stalked and who is being dealt with in that way day after day to behave sometimes she wants to curse at him sometimes she wants to try to say nice things to see if that'll work sometimes she wants him out of her house sometimes she needs him to help on something this is real but it doesn't mean that it's not overwhelming oppressive and something that she is truly scared of I want to talk about the daughter in this case who now is 14 years old right so you heard a 14 year old who was coming to call her sassy who was courageous who was absolutely adamant ladies and gentlemen jury absolutely adamant about the things she told you about things like that the back of that van was not cut out when I last saw the back of that van on the weekend of the 16th and 17th of May um like that my father made me his spy that he stole things from the car all of those things she said she was adamant about those things when challenged by the defense she gave extra details that that she remembered and she in tone and in bravery made it absolutely clear to you as a jury that she is her own person and that she knows what she is talking about now is she perfect did she say exactly the same thing and exactly the same order as she did back in 2020 that would be impossible to do as a 12 year old and now 14 of course some time has passed right but as to everything that truly matters uh you know you will you will see a couple of things that were inconsistent and they will not be things that for you truly matter was she coached was she in was any of what she did something where an adult has ordered her or dominated her to provide that information I would suggest you she's the exact opposite of the personality of some 14 year old who can be coached in in terms of what she will say exact opposite I want to talk about Marquan Washington the inmate who came and told you what the defendant told him when they had a cell together for for about a little more than five weeks and I want to contrast him with Mr mcatee the inmate that the defense called to talk about Marquan Washington and I think it's constructive to talk about them together for a second to talk about what matters in terms of your thinking about and assessing that information so um Marquan Washington knew the defendant's home was in Mequon he knew it was a a home in poor condition in a in a rich area um that appears to be the case he knew details about the defendant's family that are have been unchallenged in this case uh he knew um about circumstances of the case uh which are which are sort of unimportant circumstances but they're details that might lead you to understand that he has Insider information so what do I mean well he says in the raid that uh the police found a lot of cash the police found forty seven thousand plus dollars but only a little bit a week okay and sure enough that that is a summary that would be uh accurate um in in some you know from some perspectives about what happened in a collateral part of the case so these are the kind of details he knew what his job was he knew he had worked for you know uh in construction and and uh uh and and in cable uh you know laying cable so so these are things that Marquan Washington knew about the background of the defendant so he knew some personal facts and then he talked about what of course he told him about the offense and he told him this was a private conversation no word was ever said to me where another person was ever present uh he only told me a few of the facts he did not outline everything that happened in the case um and um that um he also told the defendant all sorts of details about his case you heard Marco in Washington say he never cooped so this is the first time he's ever done this and again that's un that is unchallenged in this case that he has not been a person who from a jail has ever informed on an individual before there's absolutely no evidence of any other cooperation along those lines where in the context of hearing something in a jail he decided to do something with it he also told you that if he lies if he's caught in a lie in this case that the agreement that he currently has will be eliminated will be destroyed so really he is at huge risk if Marquan Washington decides to say anything that is false in this case he's at huge risk to have everything that he's hoping for in a federal agreement be destroyed so here's the contrast with Mr mcatee and and I I think it's so helpful that you got a chance to see Mr mcatee because now you get a chance to evaluate what a jailhouse sort of operator looks like um in in contrast to what Mr Washington gave you and showed you okay so they're similar they both have a federal case right so they have surface similarity Mr mcatee has 11 priors but Mr mcatee has too recent in time situations where he has fraudulently caused pretend legal mail so pretend documents to be sent into the jail where he was fraudulently involved in this under attorney's names so there would be these innocent human beings on the planet who would be supposedly the person who sent these documents into the jail and they would have drugs in so theoretically two other human beings in this case lawyers right would be individuals who would be of course under high suspicion right of having caused drugs to come into the jail and what the defendant what Mr Mac and Mac is yes I was involved in those plans in the second one after he's caught the first time he actually goes to the legal computer in the jail and completely forges a legal envelope and the legal mail in both cases he uses cellmates okay people he's been incarcerated with as part of his fraud so you know about Mr mcatee that in the jail setting documented Forger and person who's trying to fraudulently do things that he's willing to risk totally innocent parties in that fraud and that he forms alliances with fellow inmates to do things that are not proper in these circumstances does not sound like somebody who could be relied upon what else do we know about Mr mcatee well he was asked he he claimed that he had a deal with that he'd been offered by the state um when uh when that when surprise was expressed about that as I recall it the judge asked his attorney who was in the gallery and his attorney said no there's no deal so Mr mcatee was he was hit by his own lawyer about the circumstances of his coming to testify in front of you while he was here I don't know how more clear it can be that Mr mcatee cannot be relied on by you for any information and then finally Mr mcatee and you know I I tried to be very careful when I did this under cross-examination I asked Mr mcatee so tell me where this man was who was yelling to you or telling you an above a conversational voice essentially giving you a tutorial on how to be a snitch in the jail and he said I was in the upper tier as was this this other gentleman okay this person uh he's talking to we can't see each other because there's mesh there there's it's the uh the uh cell fronts are obscured but we're talking and he's across from me upstairs well when we had the when we looked into it uh Marquan Washington was never upstairs so again the most basic reported fact by Mr mcatee is false whoever he had a conversation with across from him is not mark one Washington if that conversation ever took place he's got the wrong guy based on where he told you this person was located because Marco and Washington moved in a couple of different places but he was always they there was never a time he was in that upper tier okay mcatee is just plain wrong about the basic detail that he tried to give you in fact they're out you saw the pictures they're on the complete opposite ends for all but five hours I'm sorry six hours of the time they're together and even then they're not on the same tier so literally you'd have to have a situation where guys who are all the way across from each other where Marquan Washington is willing in the security part of the jail remember these are people who've already misbehaved in the jail is that the environment where you think it's at all reasonable to believe that Marquan Washington a guy as careful as he sounded in this courtroom is going to scream out instructions on how to get yourself uh out of a case how to be a snitch with other inmates obviously able to hear that same thing when mcateeum tell himself told you federal inmates who snitch are in danger so why would Marquan Washington advertise that and remember Mark 1 Washington had never cooperated at the time this was talked about so he would let you'd have to believe he was literally giving advice even though they got the location wrong he was literally giving advice on something he had never done that would put him in Mortal Danger and your Authority on that is a guy who's fraudulently sent legal mail to get drugs two times using other inmates Okay so I also want to talk about the three crime lab analysts for just a second right so you have Lisa treffinger Ron watucky and Julie Avila you have more than 70 years experience at the State Crime Lab all three of them tell you and this is Undisputed there's no competing evidence in this case all three of them tell you that stain in that van okay it's it's A1 in their lab stuff right A1 that stain in the van of the defendants is blood every one of them offered you the opinion it's blood 70 years of experience okay people who go to crime scenes as their job every day over many of the years of their careers okay three different experts tell you it's blood two of them also tell you are so now you also know again Undisputed it's the DNA of Rosalio Gutierrez so it's blood and it's Undisputed evidence in this case that that is the DNA of Rosalio Gutierrez Lisa trefinger an expert on this field tells you that she did the testing Ronald wattucki who reviewed those findings told you about his conclusions about this case and then two of these three experts are asked and so now this is Ron watucky and Julie Avila what else can you tell us about this spec red brown or Speck in the van and those two individuals Ronald wataki who's been working at the State Crime Lab since before they started doing DNA and Julie Avila who has 22 years there said we've seen lots of blood not only does it look like blood but it looks like it is splashed on there in other words it is not transferred blood again this is their expert opinion it hasn't been smudged on there or wiped on there it's not in other words something someone planted there it's splashed on when that blood was still wet it splashed on three crime lab analysts give you such important evidence in this case okay so we've talked about how this event is organized we've talked about what the evidence is the burden of proof is on the state in each and every aspect of this case okay so in no way let any argument I have said in any way shape or form indicate to you that there's any other burden of proof but the state of Wisconsin each and every element you're allowed to consider the evidence and organize the evidence in any way you want right you can think about it and organize it as a group and in your own minds in any way you want and I'm going to ask you to think about the evidence in this way as one of the ways you do consider it could all of the things I'm now going to go through could all of them be true for an innocent man who is falsely accused could an innocent person falsely accused have all of the things I'm about to outline to you happen to them is that in any way reasonable is my question to you okay so Rosalio Gutierrez is murdered on May 17 2020 his bodies found on May 19 2020 okay if the defendant is an innocent man and falsely accused this should have zero effect on him right he lives in Mequon uh that is uh an hour's Drive Away there's absolutely no way the death of a person in Kenosha should impact him in any way innocent and falsely accused okay now here's where it starts to get more and more unlucky for him more and more unreasonable for him to not be the person who committed this offense right because it turns out that this person who should be a random person in the life of the defendant is actually the first man that Sadie has dated since she ended her long time relationship with you okay so now we have it's not just a random City it is the guy who Sadie has been Sadie's first kind of real you know some kind of relationship since she broke it off with you okay again if you're an innocent guy you're falsely accused uh you know you have your own girlfriend you're not you know you've said you you're not jealous in any way this really shouldn't impact you right uh this is a guy she's dating but so what it should have zero reason to cause you any concern or be a problem in a situation that's a problem for you however here's a problem for you here's where it became starts to be so unfortunate if you're an innocent man and falsely accused right because even though you have a girlfriend even though you are not a jealous guy about this new relationship Sadie has when the police start to do digging they find all sorts of documentary evidence that you are extremely jealous there are for instance on your own devices recordings of you talking about how jealous you are that the state played for you in this case there are Legions of emails that we showed you and texts that show how jealous you are of uh her relationship and so unfortunately for you there is a body of evidence that documents that even though you have a girlfriend you are pretty you are very extensively jealous in obsessive ways about what happens in Sadie beacham's love life and so here's how unlucky you are those kind of obsessive acts of jealousy that you have also begin to show that you don't know any limits here's how unlucky you are if you're falsely accused here right because on March 4th you go into Sadie beacham's home where her babysitter finds you looming over her wakes you wakes her up before 4 a.m in the morning you are screaming about how Sadie Beacham is a and you are accusing the babysitter of being a as well in your Fury and it's all about jealousy because Sadie Beacham who is broken up with you had the audacity to go on a vacation and not let you know and she surely is cheating on you it's got to be that she is cheating on you and you go wake up your still you go and wake up your 12 year old daughter and by the way it's a school day that next day and your four-year-olds you go and wake them all up and you knowing no limits make them a breakfast a 4 a.m breakfast on a school day you don't know any limits and by March 4th we are already getting a flavor for how you behave when Sadie Beacham refuses to be under your thumb so it's unlucky that you would have done that just a couple of months before and somehow Rosalio Gutierrez is murdered on May 17th but here's how how much more unlucky you get because that date of May 17th turns out to have a bunch of significance if the person involved in the murder is really focused on Sadie beacham's love life right because May 17th the date of the murder is one day before Sadie Beacham meets rosalio's kids for the first time and if you're monitoring Sadie Beacham if your antenna towards Sadie Beacham is obsessive and controlling and anything she does hits your antenna like uh like a rocket ship right then when she meets his kids you have a whole nother degree of concern and fury and in fact the day Rosalio Gutierrez is murdered Sadie Beacham texts Rosalio and says to him in a text I would like to take our relationship further these are the words that the defendant cannot allow cannot tolerate these words he will not let this happen is it an accident or just horrible random Fortune that Rosalio Gutierrez is murdered at the same time that her obsessive EX would be learning and beginning to find out that all the steps and signs look like she is moving on is that an accident you are horribly unfortunate and is an innocent falsely accused man if that's the case and so here's here's how bad your fortune is if you're innocent and falsely accused Sadie Beacham who remains at the scene on the 19th when this bloody scene is discovered reveals to law enforcement uh hey I think my ex has been monitoring me in a variety of ways out of jealousy and this should be easily cleared up okay so this should be an opportunity for an innocent falsely accused man right because uh the defendant has already told Sadie in a variety of communications and Sadie herself told you he's already told me none of these things are true right on the 24th I have a very good excuse for why I was at your house and peeped in although some of it involves a premonition on May 8th I never I accidentally must have dropped a phone in your car I never did that on purpose I'm not monitoring you and then on the 13th it's just pure accident that I texted something to you that's the same thing that Rosalio said I was never anywhere near you okay so assuming this is true and you're not an obsessive ex who's been doing all these very disturbing things this should be able to be cleared up should be able to be cleared up here's how unlucky you are if you're an innocent falsely accused guy all the electronics all of the electronics in this case back up Sadie Beacham okay they back him up she says we were videotaped that's what I've been told sure enough there's video she says I believe he was tracking me on May 8th I don't believe him that he dropped it accidentally what is his computer show that he was actually tracking her not only that but the places that he tracked her he he's seen shots of those trackings okay of that phone and he put them in the Rosalio Gutierrez file on his computer so he's lying to her okay he's lying to her about that and then on May 13th his phone his own Electronics puts him in Kenosha at the exact time that that text is made to her that repeats the words Rosalio just said to her so every time the electronics finds rather than clearing him that he's lying and that those obsessive boundary breaking moments are all true Okay so here's another horrible piece of luck if you're an innocent guy and falsely accused after you found out Sadie was seeing someone you purchase two trackers okay track vehicles with no explanation for uh that's in that that is in the record right that you don't you don't we don't know of any reason but it certainly is a coincidental timing and and you know here's one thing that would be lucky for you again here's an opportunity you could clear yourself right if those two trackers could be found surely they would show that they haven't been mounted on rosalio's vehicle they haven't been used to follow him or make sure that you know he's home at certain times or any of that but one of those two trackers can't be found at any of the search warrants we found one but not two we ordered two we know two were delivered based on the electronic information one is missing what horrible luck if that tracker would have again been able to clear you okay here's horrible luck Marquan Washington who you roomed with for five weeks uh only time he's ever cooperated says all the things he says including that you ended up stabbing this man in the end that you use garbage bags that you'll never be found that he'll never be found and that he suggested the way to kill someone is to surveil them and keep tabs on them and use the devices you can buy like trackers on Amazon here's horrible luck you yourself bought trackers on Amazon you yourself have been documented in all the ways we just talked about on each of those days as being involved in surveillance so the defense of the victim so all of the ways you said would be the right way to prep to do a murder to do a mission of murder are actually confirmed by your own devices that's really bad luck it's horrible luck if you've been falsely accused okay so you know here's here's a moment where you'd think that um you know that you've been monitoring this guy you do admit to the police that on April 24th you did peek in the window but you took your 11 year old to witness it your 11 year old who was about to turn 12. you took your daughter to witness that you used her as a tool as your fellow spy in there and so again you're unlucky because a jury hearing that will know that you don't have any of the limits that they would expect for a person who was innocent and falsely accused now here's another one right you're Accused by Sadie as part of these accusations of taking items from rosalio's truck his registration and a letter to a person named or from a person named TJ uh the daughter also uh confirms those things but you didn't do this because you're not jealous uh and you are not controlling and of course you you do know limits and you're just being falsely accused so again here's a moment where if you're an innocent falsely accused guy we're going to be able to clear things up right here's a moment where we're going to be able to show okay we've now looked at what you do what you're saying that you didn't do these things and we're able to verify but in fact just the opposite is true isn't it because what we find in his electronics are we find that not only right after you would have returned from Sadie's place on April 24th so in the early morning hours of April 25th you're already doing searches of uh rosalio's Colorado plate and the name of rosalio's stepdad a name on your registration document okay which was in the truck so you are searching for a name that you shouldn't have unless you have a document from his truck and then again on a device we find a snippet of that same registration document which has the stepdad's name on it and in the defendant's own handwriting he has the handwritten address of Rosalio Gutierrez so again we have a portion of the document you stole from that truck your electronics and so we know you're not telling the truth again and again we know you're not telling the truth and you know no limits and you have obsessive jealousy and it's focused on Rosalio Gutierrez okay so you know again you claim it was an accidental plan to the phone on May 8th you know again this should be able to be cleared up but I told you it's on his computer so again that shows you're lying and again horrible luck if you're an innocent guy falsely accused here's horrible luck you're an innocent man right you're not jealous uh none of this stuff is true it's just a horrible set of coincidences and circumstances but you have a file on your computer that is named Rosalio Gutierrez you had to write that name on there and in it is not only a picture of a Tracker that you've included in that file but all sorts of pictures of Rosalio Gutierrez and his kids on the defendant's computer are pictures of Rosalio Gutierrez and his kids we pass those through you guys as a jury horrible luck if you are not responsible for his death horrible luck that you were bothering to put things like pictures of his kids in your computer that you had to take off of some internet source right Facebook or something you had to screenshot each one of them you made a choice each time that that was important to you it was important to start to store that no limits on the defendant and his behavior on May 13th again you know we should be able to clear you on May 13th Sadie says listen he texted me the same thing that Rosalio just said when I was at his place there's no reason that the defendant should be over at rosalio's place when I am visiting him on May 13th well your bad luck is that your phone puts you there at the same time she says that text is being made your text is the same word she claims are on there and it sure looks to a jury like you are rehearsing like this is a dry run for the murder you will commit four days later so here's how your bad luck continues right because there's a crescendo of activity that seems to be leading to a homicide and it's bad luck that it's all that these are things all from you May 14th okay three days before the homicide if you want me to stop by to meet Junior tonight uh not a little later half hour later so you're saying I can stop by and meet someone later you're taunting with Satan you're taunting her and thinking gloriously about what will happen when you meet him remember what your daughter told us remember what she said on the stand you get to that let me make sure you guys hear that one more time my dad said something about showing him who the man was that sounds like what you're up to on May 14th May 16th one day before the homicide folks one day before the homicide you have the kids over when this text goes out you're not a jealous guy right you're an innocent man falsely accused and what you're bothering to text Sadie Beacham is this is one day before the homicide you race down to Kenosha every chance you get to lay down with some Down syndrome Mexican version of your father that's how you choose to address her one day before the death of Rosalio Gutierrez awfully verbally unlucky and in conf you are an innocent man falsely accused here's how here's where the here's where the bad luck gets profound here's where it becomes patently unreasonable for you to believe that the defendant is an innocent man falsely accused because on the murder the evening of the murder okay around 10 pm the defendant's phone at the exact time period necessary to commit this murder is Off the Grid in fact all of his devices are off the grid from 7 30 to 11 19. what are the chances what are the chances of the exact time period needed to drive to Kenosha wait around wait for Rosalio Gutierrez to get home at a little after nine murder him at around 10 and then get yourself back to Mequon how is it that that amount of time is the exact period of time you're off the grid that would be the worst luck in human history if you were a person who was innocent and falsely accused of any illusion other than the defendant is involved okay tell me how this portion of bad luck could even exist in the world the defense put in some evidence about the phone changing position remember it went from up to uh to the side and the time period on that was 10 11 pm on May 17th okay I'm going to suggest you by far the most logical reason why that phone would change positions is it's been placed in the freezer right that's why it's changed position it's now being hidden in the freezer at 10 11 pm okay well we know from the defendant getting directions on May 13th remember you heard the recordings of those directions that the directions of the defendant got on May 13th were just a minute or two over an hour 10 11 p.m the phone changes position and goes in the freezer you got to take care of a few more things right you got to straighten up things maybe pick up some wood you've already moved the body now you're doing the last staging right okay I'm going to leave the wallet on the couch but I'm going to put the credit cards on the phone you're doing those last seconds of strength of train of staging so maybe you take a couple minutes to do your home back in Mequon answering your phone at 11 19 pm an hour and eight minutes from when that phone changed position can that be an accident is is that just horrible luck that one of the final acts one of the things that makes sense to have be the final Act of your of your staging exactly times you to get you back to Mequon to use your phone as quickly as you can so you're back so you can start to get your Alibi uh running away running and going I I would suggest to you the chances of that timing being true for an innocent false accused man with all the rest of what I've said is astronomically impossible it's impossible what else well remember this is an evening here's how bad luck it is your girlfriend Miss remsberg is expecting you she is texting and calling you throughout the time you're off the grid saying hey thought you were coming over here's what I was making here's the movie I was planning okay I guess you're not coming she gets madder and madder as these go on clearly does not know you're not arriving in fact she said that on the stand so a night when she expected you on the very night Rosalio Gutierrez is murdered you're not in the place where you were expected and you even when you do get in contact with her you have a long call with her around midnight still don't go over there you don't go over to make it up she's mad you don't do any of those things because you need that time to dispose of that body and get rid of evidence so horribly unlucky that that would happen okay here's something unlucky it's the 19th now of May you're arrested right you have taken out on May 15th 50 000 from Wells Fargo Bank in 20s so it's in cash you still have a little more than 47 000 at your place and so you're unlucky because a jury could reasonably guess that that's your cash money for if this murder somehow goes wrong right you have an escape fund that is ready you are ready before the 17th with a bunch of ready cash so that if you need to not use a credit card not show ID pay just like you paid at Walmart on the 18th you have all the cash you need to be on the run for a good period of time that's horribly unlucky if you're an innocent guy and falsely accused horrible unlock that that you have you need to burn some clothes and and it is heavy rains and you still are operating a fire pit do you remember that uh one of the Witnesses in this case who's a friend of the defendant said yeah I went over there on the 18th pouring rain he is operating a fire pit even then and so you have this fire going through the heavy rain here's how unlucky you are the very top of the ashes the top level of the ashes have jeans button pain sock underwear bleach bottle and steel toes for boots with laces that's at the top of the burn pile this is what you have been burning most recently in terms of things they can see and it all sounds like the type of things you might need to burn to cover up DNA that's horribly unlucky that you would be involved in a burn in heavy rainstorms for days and that the top level are the very things that seem like you are trying to destroy DNA boy you're unlucky that the back third of your carpet is cut out you're horribly unlucky and you're horribly unlucky that your 12 year old daughter and now 14 year old daughter reports that isn't how it looked when my brothers got out of the vehicle I saw what my dad put in there I saw what my dad had and the carpet in terms of bleach stains and the cutout she was adamant with you folks on the jury that that back third was not cut out when she last saw that van on the weekend of May 16th and May 17th when she left her mom picked her up on May 17th in the afternoon remember Miss remsberg also said that van cutout we showed her pictures she said that van cutout did not exist when I last saw the van as well so two witnesses told you that that third of the van had not been cut out so what horrible horrible luck for the defendant if he is an innocent falsely accused man that for some reason he cut out that carpet it's in in the exact place that that Speck of blood of Rosalio Gutierrez is and here he is uh with that carpet cut out now again if he cut it out recently we probably would be able you'd think well he could clear himself right because we'd find that carpet somewhere on his property but that carpet cutout is gone again it's missing and it could clear him right just like Grandpa's boots could clear him just like the shirt might clear him all these things that could clear him are missing from this case that's because they would never clear it that's the real answer but what a horrible circumstance for a guy who is uh falsely accused so you know you think about the ultimate bad luck in this case and I already talked about the DNA evidence so I won't belabor it I just want to say what are the chances that in this exact square foot on the planet Earth the exact square foot on the planet Earth a man who's innocent and falsely accused would have the blood of the man who died on May 17th how could that happen what is the astronomical unbelievable bad luck to have that in his van right under where carpet has suddenly been cut away right you know in the same van back as the bleach stains how could that be and your daughter how could you be so unlucky that your daughter is also willing to testify that you were focused on this guy that you were stealing from him that you were spying on him in all sorts of different ways that she was being asked to spy on a man that every time she saw you this is what you were obsessed with uh could you be an innocent and falsely accused man who has your daughter say all those things including I may just watch him or follow him to his house one time just for the fun of it so I want to end this sort of idea that you can't be an innocent man falsely accused with this piece unchallenged evidence in this case is that two individuals Mike Campbell and a buddy go to the defendant's home before law enforcement is ready to come in and arrest and do a search Mike Campbell this is unchallenged evidence in the record here says I told the defendant I thought at the time he was his brother that's what he had told me but I told the defendant hey uh we're looking for our buddy in Kenosha he uh was dating your ex and he is missing so now the defendant knows okay if he's an innocent and falsely accused guy he knows okay people are concerned about a guy in Kenosha it's missing and he is an ex of he he is dating my ex and of course he already has a computer file on the sky Etc so you know there's no way the defendant doesn't put two and two together about who they might be speaking about so now Kenosha law enforcement are now going to talk to the defendant okay he's been visited by people who told him hey our buddy from Kenosha is missing he knows that it's Sadie's new boyfriend now police are speaking to him okay there's no way the defendant on the 19th of May does not understand what a big moment this is okay here is his opportunity by telling the whole and total truth to clear himself right he will be able to clear this up you just got to tell the truth you just got to be honest about what the circumstances are so that we can clear this up because this is a big deal this is no one playing around someone's missing what does he choose to do at that moment and you tell me if an innocent and falsely accused man would behave in this way okay they ask him about what car he operates you know what he says the Audi he goes with the Audi they keep pressing him oh yeah okay well there's a van but I you know I hardly drive that they press him some more uh well uh everybody drives that well you know from remsburg that the defendant at this time period is using the minivan you know from the Walmart video the defendant is using the minivan so the defendant for some reason deliberately tries to avoid talking about the minivan two days after the homicide knowing Rosalio Gutierrez is missing he doesn't want to talk about the minivan he's trying to steer the detectives to the Audi why would you do that if you're an innocent man and falsely accused they ask him about the different circumstances they ask him about whether he placed a phone on May 8th rather than sharing that you know what I have monitored the phone on occasion you know there might be something on my computer I've put it in Rosalio gutierrez's file he denied that on May 8th that he had done any placement of a phone the electronics show that that's not true he chose to lie to law enforcement about that incident relating about what Sadie and he had talked about he said I never videotaped on that April 24th incident where I peeked into Sadie's window with my daughter never videotaped well uh why would you say that when you we have that video on your devices when you the jury got to see at least Snippets or a glimpse of that video the the what we have of that video and so again he chooses to lie about that rather than saying yes here's all the things I did but I never did the piece that you're you know I don't have anything to do with this person in any other way um he said I've never seen this uh Rosalio other than the one time I saw him through the window well we have it the directions to Rosalio on May 13th on the defendant's devices we have the text we have the phone that shows he's at that Residence at that time he's asked about does he know who Sadie is dating okay now this is an easy one he has got a file in his computer that he has labeled Rosalio Gutierrez he looked up Rosalio gutierrez's background in all sorts of ways right this ought to be a softball question here's what the defendant does he says [Music] starts with a g call Junior he might be a contractor he acts like he doesn't even know this guy's name which is completely false and is not what you do if you're an innocent man and falsely accused and then he is asked members of this jury asked where were you not two weeks ago not two months ago two nights ago okay and he says I believe I was with my girlfriend they press him a little more Christine remsberg I believe I was at her house now he Hedges later but he goes with a false alibi he goes with a false album and you know what when they go to talk to Christine remsberg she also begins it's been with him the last two days since you heard her say that she also goes with a false Alibi when the cops first talked to her and she doesn't change her mind about that until after her sister who also testified said you know what that did not happen I remember my sister had been stood up and she was mad and then when they went back to Christine remsberg she said okay you're right I I was I I that I was mistaken about that information you as a jury are supposed to believe that they both gave a false Alibi about something that happened two days earlier and they both gave the identical false Alibi by accident you're supposed to believe that's just another horrible coincidence for a innocent man falsely accused so I'd suggest to you if you lie about what car you use when the car that transported the body is the one you are avoiding when you lie about whether you are doing any activities regarding Sadie and Rosalio when your electronics tell us you are when you lie about uh where you were two days ago because during the time period we care about Rosalio was being murdered those are the type of Lies you don't tell if you know how serious it is and you are an innocent man falsely accused these things could not all happen those 40 plus things I just went through with you could not all happen to some unfortunate innocent person who's falsely accused the only reasonable conclusion ladies and gentlemen is that those things have occurred to one individual on this planet the defendant because he is guilty of the offenses before you that's the only reasonable conclusion no way all those things could happen all in combination to an innocent man you have 1039 days of proof that Rosalio Gutierrez is murdered his blood in that van is proof who murdered him the electronics of the defendant himself demonstrate his obsession and his more and more concerning pattern and that he knows no limits and they tell you that he has a gap Off the Grid which is exactly the amount of time that is necessary and the defendants lies to law enforcement confirm because they are on such major matters they confirm for you that this is not an innocent man falsely accused and when you put all this evidence together you will say to yourself it was quite a plan but it is not a plan that in the end can succeed because it is betrayed by that Speck of blood of Rosalio Gutierrez it's betrayed by the electronics and it's portrayed by the defendant's own lies and you will find this defendant responsible and you will hold him responsible despite this plan that he tried everything he could to avoid responsibility thank you

Channel: COURT TV

Views: 63,607

Keywords: court tv full trials, obsessed ex boyfriend trial, obsessed ex boyfriend trial day 15, court tv live, zachariah anderson closing arguments, court tv live stream, court tv, zachariah anderson, zachariah anderson trial, zachariah anderson trial day 12, zachariah anderson case, zachariah anderson trial daughter, obsessed ex boyfriend daughter, rosalio gutierrez jr, rosalio gutierrez, rosalio gutierrez jr. dateline, rosalio gutierrez jr update, Rosalio gutierrez kenosha

Id: Yb72nNzRrgc

Length: 89min 12sec (5352 seconds)

Published: Tue Mar 21 2023