TikTok Star Murder Trial: Closing Arguments | CA v Ali Abulaban

he doesn't have to be angry at the person to have intend to kill but we know he was so we have proven to you express malice both types of malice are present in this case we have proven to you that defendant had the intent to kill so he is guilty of secondary murder at the very least because he had both types of malice but there are murders that graduate to the first degree and this is one of those cases a murder graduates to the first degree if it's also willful deliberate and premeditated first degree murder is Express malice plus willful deliberate and premeditated willful means the intend to kill you have the stent instruction in your packet as well deliberate means that the defendant carefully weighed the considerations for and against killing and decided to kill knowing the consequences that's what he did premeditated the defendant decided to kill before he shot an and Ray all of the elements of first ring murder have been proven let's talk about the State of Mind of a killer you have to look at his words actions and conduct before during and after the killing first murder means you have to have thought about life thought about death and chose death and that's what the defendant shows here he thought about life he thought about death he wanted to kill Anna and Ray and he chose death I don't have to Pro I have to make a con list you don't I don't have to prove the defendant made a pro and con list just that a cold calculated decision to kill can arrive quickly can be reached quickly the test here is the extent of the reflection not the length of time it's 4th of July and you want to go to the beach and you're driving to the beach and you're driving around and all the parking spots are full every parking lot is packed the street is lined with cars you drive around for 20 minutes looking for a spot you start to get frustrated and you're driving on a Main Street you're approaching a traffic light and you see a car pulling out on the opposite side of the road and you want to get that spot because you want to get to the beach but you have to make an illegal U-turn to get that spot because your other option is driving around making left or right turns of traffic lights to turn around to try to get that spot and you see cars coming in the distance and you know they might want that spot so you have to make a decision quickly do I make an illegal U-turn and take that spot or do I wait and drive around the block hoping the spots still available so in that moment you decide to make that legal U-turn and you got that spot now you didn't wake up that morning planning to violate the law you didn't want to get a ticket but you made a decision because you wanted to get that parking spot that is premeditation and deliberation like that snap of a finger that's how long it can take to make the decision to deliberate and premeditate and kill somebody I don't have to prove to you that the defendant premeditated and deliberated for months weeks days hours even minutes what I have to prove to you is that he thought about life he thought about death he make that decision quickly but we know he did think about death well prior to October 21st first we know he had thoughts about killing and we especially know that he had thoughts about killing Anna and Ray or any man she was with days prior what other choices could the defendant have made instead of killing an and Ray when he heard Anna and the other man when he was in the hotel he already knew at that moment that she was with another man he could tell by the conversation they were having they were giggling he knew it wasn't police or anyone else he knew that was an intimidate conversation and he knew at that moment that Anna had been seeing someone else and was with someone else in the apartment what else could he have done instead of going over to kill them he could have went and cooled off he could have went to have smoke smoke his jewels go have a drink he could have gone to a bar he could have gone to work he could have gone to LA with Samy he could have gone to hang out with a friend he could have punched Ray when he walked in instead of killing him could have pushed Anna or been violent with her in all the ways he' had been violent with her in the P he could have yelled at them he could have divorced an and I asked him many of those questions you could have done all of those things you didn't you instead drove to the Spire to go kill Anna and Ray what were his other choices he could have not gone into the apartment to activate the Discord application in the morning he could have not gone to the apartment once he heard the voices he could have just done one of his usual recordings on his phone on the Discord application or otherwise to prove to everyone in life that Anna was cheating on him that's all he had to do he got his proof he heard it he could have captured that on his phone and that would have been it but no he had to go kill them he could have not brought a loaded gun to the apartment if he wanted to confront Anna and Ray or Anna and whatever man he thought she was with about cheating on him he could have just gone there again maybe punched someone yelled at them recorded them and left he could have done that to get the proof that he wanted so badly he did not do that and he didn't have to bring a gun he could have gone there to talk to them catch them record them and that would have been it but he chose to bring a loaded gun to a place where no one knew he was coming he could have chosen not to bring ammunition but he did he brought magazine you know how many bullets were in there at least six he could have chosen not to enter the apartment I asked him multiple questions about every time he went to the apartment he was in the garage the elevator running to the apartment at any point he could have stopped and changed his mind he was in the parking garage could have turned around when he was in the elevator could have gone back down when he ran to apartment 358 turn around he didn't he wanted to go into that apartment to kill them he could have not fired the first shot he could have went in the apartment saw them on the couch a picture of them and left but no he fired the first shot he wrapped the gun in Fire and then there was a small pause he could have decided that moment not to fire the second shot maybe he missed the first shot could have said to himself oh I shouldn't do this no he didn't he could have chosen not to fire the second shot not to fire the third shot not to fire the fourth shot not to fire the fifth shot we know those shots were all at Ray he killed Ray first and Anna was still alive and she screamed screaming for mercy and the defendant could have decided at that moment not to kill her he knew he already killed Ray planed to do that first he's going to get his revenge on the guy first and have Anna watch that and he stood in front of Anna and he could have decided not to kill her but he did he shot her he wanted her dead because she didn't respect him let's look at all the choices he made showing his premeditation and deliberation he entered the apartment in the morning he immediately activated that Discord application he tried to tell you he did at the end no he did not he activated it 2 minutes after he got off the elevator he hid the iPad so no one would see it so Anna wouldn't see that he was spying on her he trashed the apartment made all these willful choices he willfully spied on Anna listened to her conversations waited to catch her with another man he caught her that day he was pretty quick he immediately left his hotel with his gun and his ammunition he drove to the Spire he told his friend do not contact Anna because he wanted to Ambush them he armed himself with that loaded gun he holstered his gun he walked to the elevator you saw him those pictures uh in the video with him tightening his belt because he already armed himself he pressed play on his phone to do that audio recording before he entered the elevator he pressed the 35th floor he rode the elevator and then he ran to the apartment these were all conscious willful decisions that he made let's talk about his willful choices during the killing he pulled out the gun then he opened the door he had already had his plan in mind because there was no time for him to take that gun out once he got inside he immediately fired he opened the door he wrapped that gun a little over one second later he pointed that gun towards Anna and Ray he put his finger on the trigger and he fired the first shot and then a second or two later he wacked the gun again he walked towards Anna and Ray he put his finger on the trigger and he fired four more shots all willful decisions then he stood in front of an he wrapped the gun again and he fired a shot into her head and before he did that he said respect because she didn't respect him she was with another man so he put his finger on the trigger fired the last shot and turned her head let's talk about all his willful choices after the killing he took a photo of his dead victims he did that on purpose he was proud of what he did he left the apartment without rendering any first aid why did he not do that because he didn't want them to live he went back into yel Anna so that his neighbors would think that he just found them just like he said on his 911 call he left the apartment and he called his mother he did not call 911 to get help for his victims he called his mom and he confed confess to the murders and she told him you need to get them help and that's the only reason he called my one he left the building and then he texted a photo of the dead bodies to his mother and then he separately texted a photo of the dead bodies to his father these were all willful decisions that he made he had to go into his phone and click on that photo photo and send it to his mom and then separately send it to his dad and then 5 minutes after that separately send that photo to Samy Smith he knew what he was doing he went down to his car and he put away his gun in his holster because he was hiding his evidence he took the magazine out of his gun he emptied whatever bullets were inside the magazine he put his holster in the safe he put his gun in the safe and he locked it then he called 911 claiming he just found the victims starting to build his defense he drove to amir's school he told Amir that he killed her mother he spoke with both of his parents had conversations with them multiple times he had multiple text messages with his mother making a plan with air he wanted to leave town he told his mom I can't hide with air forever I want to leave he wasn't going to turn himself in he wanted to leave and he told his mom that and he was trying to get out of town but the officers were already behind him he knew he had been caught and then he asked the police cly do they get my wife you already know she's dead you took photos of them and you told your your mother that she's dead and at every point during October 21st you did not see one tear coming from his eyes not when he called his mom not in the hallway not when he was calling 911 he was calm at the beginning of that call and then he was starting to claim oh was so horrible he did that and all the surveillance and a body warn camera not a tear No Remorse he could have stopped after any one of those willful choices but he did not these murders of Anna and Ray were deliberate and premeditated this is first-degree murder but let's look at the other evidence that we have history repeats itself you heard a lot of evidence about fire violence in this case and you can consider that in deciding whether Anna and Ray whether he abused Anna and timly killed her that's propensity there a your instruction for that let's look at all of the violence starting in Japan the defendant punched an multiple times on multiple different occasions you heard about what happened on the air Force Base and the defend tried to deny all of that but you had a witness who came in here who was completely neutral Mr Sims has not seen Anna or the defendant since 2015 wasn't friends with them had no reason to come in here and lie to you about what happened but the defendant had a recent a lie you know that he punched Anna pushed her tossed her around like a ragd doll left handprints on her this is all conduct in Japan that we know about that was seen or Anna told people but there could be more remember he was violent in private he said not in public in Virginia we know he pushed Anna to the ground we know conduct happened there behind closed doors San Diego that's where we had a lot of violence and the defendant continued always had denied all of this violence but then came in here into court and did admit to some of this violence punched her in the face multiple times pushed her into the bed you saw that body born camera from Anna he pushed her into the fridge he admitted that to his neighbor he's grabbed her he's hit her he almost crashed into her on the road you can consider all of this violence You' seen all these photos look what the defendant did to Anna she was way more bruised than that days later she scrapes on her elbows on her knees injuries to her eyes and then the defendant apologized for these and you know that that's the typical power and control Behavior he was violent and he apologized so she would not leave him and she didn't for a while she kept going back to him and she even told him you keep hurting me and I keep going back to you I'm so dumb like she knew she was going back to him because she loves him right we know that she did but ultimately she said enough is enough and left him he apologizes I know I'm an abusive Nut Job yes you are I'm so sorry don't put me in jail that's why you heard he never went to jail she never reported him because he would tell her not to and he would apologize and tell her this will affect my job and my clearance and things like that that's what an abuser does power and control the defendant had to write himself notes not to abuse his wife he wrote this note two days after he had punched her multiple times in the face causing her injuries you shouldn't have to write yourself a note not to abuse your wife but he claimed he would do that so that when he was sober he would realize it he knew he was beating her up and he did not get himself any help for that he could have addressed it because he knew what he was doing but he did not care he kept abusing her and he would tell her what to say to the police it was the Heat of the Moment that's what his defense is here Heat of the Moment heat of passion he's telling her what to say and so of course she's not going to press charges on him well just say we were trying to BL each other well that's what he was saying here in court oh we were struggling over the luggage no you were violent and you pushed her down you heard all about his controlling nature how make the decision to deliberate and premeditate and kill somebody I don't have to prove to you that the defendant premeditated and deliberated for months weeks days hours what I have to prove to you is that he thought about life he thought about death could make that decision quickly but we know he did think about death well prior to October 21st we know he had thoughts about killing and we especially know that he had thoughts about killing Anna and Ray or any man she was with days prior what other choices could the defendant have made instead of killing Adan R when he heard Anna and the other man when he was in the hotel he already knew at that moment that she was with another man he could tell by the conversation they were having they were giggling he knew it wasn't police or anyone else he knew that was an intimate conversation and he knew at that moment that Anna had been seeing someone else and was with someone else for it what else could he have done instead of going over to kill them he could have went and cool off he could have went to have smoke smoke his Jewel go have a drink he could have gone to a bar he could have gone to work he could have gone to LA with Samy he could have gone to hang out with a friend he could have P Ray when he walked in said killing him could have pushed Anna or been violent with her in all the ways he' been violent with her in the P he could have yelled at them he could have divorced Anna and I asked him many of those questions you could have done all of those things you didn't you instead drove to the Spire to go kill Anna and Ray what what were his other choices he could have not gone into the apartment to activate the Discord application in the morning he could have not gone to the apartment once he heard the voices he could have just done one of his usual recordings on his phone on the Discord application or otherwise to prove to everyone in life that Anna was cheating on him that's all he had to do he got his proof he heard it he could have captured that on his phone and that would have been it but no he had to go kill them he could have not brought a loaded gun to the apartment if he wanted to confront Anna and Ray or Anna and whatever man he thought she was with about cheating on him he could have just gone there again they punched someone yelled at them recorded them and left he could have done that to get the proof that he wanted so badly he did not do that and he didn't have to bring a gun could have gone there to talk to them catch them record them and that would have been it but he chose to bring a loaded gun to a place where no one knew he was coming he could have chosen not to bring ammunition but he did he brought a magazine you know how many bullets were in there at least six he could have chosen not to enter the apartment I asked him multiple questions about every time he went to the apartment he was in the garage the elevator running to the apartment at any point he could have stopped and changed his mind he was in the parking garage could have turned around when he was in the elevator could have gone back down when he ran into apartment 358 turned around he did it he wanted to go into that apartment to kill them he could have not fired the first shot he could have went in the apartment saw them on the couch Tak a picture of them and left but no he fired the first shot he wrapped the gun and fired and then there was a small appuse he could have decided at that moment not to fire the second shot maybe he missed the first shot could have said to himself oh I shouldn't do this no he didn't he could have chosen not to fire the second shot not to fire the third shot not to fire the fourth shot not to fire the fifth shot we know those shots were all at Ray he killed Ray first and Anna was still alive and she screamed screaming for mercy and the defendant could have decided at that moment not to kill her he knew he already killed Ray planed to do that first he going to get his revenge on the guy first and have Anna watch that and he stood in front of Anna and he could have decided not to K killed her but he didn't he shot her he wanted her dead because she didn't respect him let's look at all the choices he made showing his premeditation and deliberation he entered the apartment in the morning he immediately activated that Discord application he tried to tell you he did it at the end no he did not he activated it to minutes after he got off the elevator he hid the iPad so no one would see it so Anna wouldn't see that he was spying on her he trashed the apartment made all these willful choices he willfully spied on Anna listened to her conversations waited to catch her with another man he caught her that day it was pretty quick he immediately left his hotel with his gun and his ammunition he drove to the Spire he told his friend do not contact Anna because he wanted to Ambush them he armed himself with that loaded gun he holstered his gun he walked to the elevator you saw him those pictures uh in the video with him tighten his belt because he already armed himself he pressed play on his phone to do that audio recording before he entered the elevator pressed the 35th floor he rode the elevator and then he ran to the apartment these were all conscious willful decisions that he made let's talk about his willful choices during the killing he pulled out the gun then he opened the door he had already had his plan in mind because there was no time for him to take that gun out once he got inside he immediately fired he opened the door he wrapped that gun a little over one second later he pointed that gun towards Anna and Ray put his finger on the trigger and he fired the first shot and then a second or two later he wrapped the gun again he walked towards Anna and Ray he put his finger on the trigger and he fired four more shots all willful decisions then he stood in front of man wrapped the gun again and he fired a shot into her head and before he did that he said respect because she didn't respect him she was with another man so he put his finger on the trigger fired the last shot into her head let's talk about all of his willful choices after the killing he took a photo of his dead victims he did that on purpose he was proud of what he did he left the apartment without rendering any first aid why did he not do that because he didn't want them to live he went back into yel so that his neighbors would think that he just found them just like he said on his n one call he left the apartment then he called his mother he did not call 911 to get help for his victims he called his mom and he confessed to the murders and she told him you need to get them help and that's the only reason he called I one he left the building and then he texted a photo of the dead bodies to his mother and then he separately texted a photo of the dead bodies to his father these were all willful decisions that he made he had to go into his phone and click on that photo and send it to his mom and then separately send it to his dad and then five minutes after that separately send that photo to Samy Smith he knew what he was doing he went down to his car and he put away his gun in his holster because he was hiding his evidence he took a magazine out of his gun he emptied whatever bullets were inside the magazine he put his holster in the safe he put his gun in the safe and he locked it then he called 911 claiming he just found the victims starting to build his defense he drove to amir's school he told Amir that he killed her mother he spoke with both of his parents had conversations with them multiple times he had multiple text messages with his mother making a plan with Amir he wanted to leave town he told his mom I can't hide with air forever I want to leave he wasn't going to turn himself in he wanted to leave and he told his mom that and he was trying to get out of town but the officer were already behind him he knew he had been caught and then he asked the police calmly do they get my wife you already know she's dead you took photos of them and you told your mother that she's dead and at every point during October 21st you did not see one tear coming from his eyes not when he called his mom not in the hallway not when he was calling 911 she was calm at the beginning of that call and then he was starting to claim oh was so horrible he did that and all the surveillance and a body warn camera not a tear No Remorse he could have stopped after any one of those willful choices but he did not these murders of Anna and Ry were deliberate and premeditated this is first-degree murder but let's look at the other evidence that we have history repeats itself you heard a lot of evidence about fire violence in this case and you can consider that in deciding whether Anna and Ray whether he abused an andly that's propensity there a instruction for that let's look at all of the violence stared in Japan theend punched Adam multiple times by multiple different occasions you heard about what happened on the Air Force Base and the defendant tried to deny all of that but you had a witness who came in here who was completely neutral Mr Sims has not seen Anna or the def fendant since 2015 wasn't friends with them had no reason to come in here and lie to you about what happened for the defend since a liive you know that he punched Anna pushed her tossed her around like a ragd doll left handprints on her this is all conduct in Japan that we know about that was seen or and have told people but there could be more remember he was violent in private he said not in public in Virginia we know he pushed Anna to the ground we know conduct happened there behind closed doors San Diego that's where we had a lot of violence and the defendant continued always had denied all of this violence but then came in here into court and did admit to some of this violence punched her in the face multiple times pushed her into the bed he saw that body warn camera from Anna he pushed her into the fridge he admitted that to his neighbor he's grabbed her he's hit her he almost crashed into her the road you can consider all of this violence seen all these photos look what the defendant did to Anna she was way more bruised than that days later she scrapes on her elbows on her knees injuries to her eyes and then the defendant apologized for peace and you know that that's the typical power and control Behavior he was violent and he apologized so she would not leave him and she didn't for a while she kept going back to him and she even told him you keep hurting me and I keep going back to you I'm so dumb like she knew she was going back to him because she loves him right we know that she did but ultimately she said enough is enough and left him he apologizes I know I'm an abusive Nut Job yes you are I'm so sorry don't put me in jail that's why you heard he never went to jail she never reported him because he would tell her not to and he would apologize and tell her this will affect my job and my clearance and things like that that's what an abuser does power and control the defendant had to write himself notes not to abuse his wife he wrote this note two days after he had punched her multiple times in the face causing her injuries he you shouldn't have to write yourself a note not to abuse your wife but he claimed he would do that so that when he was sober he would realize it he knew he was beating her up and he did not get himself any help for that he could have addressed it because he knew what he was doing but he did not care he kept abusing her and he would tell her what to say to the police it was the Heat of the Moment that's what defens is here Heat of the Moment heat of passion he's telling her what to say and so of course she's not going to press charges on him what you saying we were trying to block each other well that's what he was saying here in court oh you were struggling over the luggage no you were violent and you pushed her down you heard all about his controlling nature how derogatory he was towards Anna and towards a lot of people in his life he would talk for Anna forced her to stay home told her who she could and could not be with told her what to wear and what not to wear what men she could talk to or not talk to and he told her oh don't talk to that guy Ray I don't have a good feeling about it he was possessive and controlling and that's how he was with her during their whole relationship it was power and control till the very end in all the places they lived he was control and people saw that and they came in here and testified about it I'm not going to repeat every vile thing he said on all those messages but you all heard them this is the way that he would treat Anna September 8th called her a [ __ ] [ __ ] because she was going to put him in jail goodbye to your citizenship Miss Filipino he was degrading to her and he did that on a live recording and you could tell in these recordings how mad he was at her friends and they were to blame oh she's going to be a hoe with all her friends you let your friends disrespect me over and over again he kept telling her that and he tried to testify oh I really liked her friends no you did not you hated them because Anna was leaving you and going out with them she was trying to have fun in a world where you were always violent and controlling with her and on his own recording this is why you get your ass beat [ __ ] that's what he did to her and that's how he treated her and in those recordings in October you heard him tell her that she was depriving him of sex that they hadn't had sex in a month and he tried to come in here and tell you that Anna was coming to him in the middle of the night to have sex no she was not the last time you heard about them having sex was September 21st when we know she went back to him that is the last time they had sex and there is zero proof that she ever went back to do that not in any text messages and of course the fendant is going to say that uh because he's the only one here that can talk about that however when I confronted him with that wedding he said oh yeah no that was in September it's because we found evidence that that was the date okay there was Zero sex in October and he was telling her about that so he comes in here to tell you that he was provoked and Anna kept coming back to him no she was not this is how he treated her you are trash you are garbage you don't have the right to deprive me of sex yes she did because she was leaving you he kept telling her in many different messages you are not single you dumb [ __ ] he would let her go she wanted to be single she didn't want to be married to him she told him that over and over but he refused to accept it and kept contacting her and stalking her and wouldn't leave her alone Anna would protect him you heard about that she would defend him at first in Japan and even in San Diego she blamed herself for the violence she didn't want to call the police or getting kicked out of the military she didn't want to lose his job she wanted to affect Amir she cared about her daughter and she even said that in the text messages like I don't want I don't want air to be affected and she told her friends that so she was trying to be cordial with him at times and let him see air that doesn't mean she was going back to him she went back to up until September but then that was it and she wanted a restrain or against him you heard so much about this she wanted one she told multiple people she told the defendant and over and over the defendant and her family would convince her not to get one so when the defense makes a big deal about the fact that she never actually got one it's because she was told over over and over again not to your dad begged me not to you know the defendant in multiple texts begged her not to oh this will be a long Little Road my job things like that that's why she didn't do it she was trying to protect him look at all the people that came in and testified that they were scared of the defendant her friends Ashley came in here and Anna told the defendant multiple times how scared she was with him why would she ever tell him that she was dating Ray she doesn't want to be abused again of course she didn't tell him and defense made a big deal about that during this trial and the defendant kept testifying him she never I kept asking her and she never told me why would she she wanted to move on she didn't want him to be V with her let's talk about these other women the defendant over and over again told Anna that she couldn't be with another man who are you cheating with but he could do whatever he wanted she could not he had sex with Ashley he can tell you over and over that he did not do that but we know he did you saw that poor girl come in here and have to testify about all those sexual acts and you saw her demeanor and you can consider that he was uncomfortable having to testify in front of strangers about everything that she did with the defendant but she came in here and she told the truth and the defendant multiple times in his Instagram said I [ __ ] some Latino chick I [ __ ] this girl because he did and he's trying to come in here and say no I only tried no you did not and he did multiple sexual acts with her he called her multiple times trying to hang out with her afterwards asking her to lie for him and that was okay for him to do but she was shamed about it about sleeping with a stranger he didn't know she's not on child here he is he could do that he can look up multiple escorts and multiple different dates he tried to lie and tell you that oh I only looked up the escorts when my friend Chris fison was in town no you did not you looked up other dates he wanted to meet up with a prostitute you heard that from his friend Jean he wanted to go to a strip clug with Anna's friend Cassie you heard about that you saw photos he took with other women he was flirting with other women online looking up other women's profiles again this is all okay for the defendant to do he separated from Anna he's free to do whatever he wants but he can do all of these things and she cannot and he told you that she could not she could not be with someone else let's look at the Timeline leading to October 21st sometime before September 15th and moved out the defendant let his wife and daughter stay at the apartment he stayed there because he didn't want to leave and didn't want her to leave him so she had to leave and go live with Claire with her child she didn't leave a mirror with a defendant and violent abuser she took her child the defendant slept with Ashley September 15th and then after Anna had slept with the defendant she told him I'm done you saw so many text messages September 23rd and on where told him she's done there was no sex text messages nothing then October 1st the defendant starting to think about killing telling his cousin Anthony I'll kill him now he can say all he wants that he did not mean that but he did he left all those terrible voicemails for Anna so much hate because he hated her because she wouldn't go back to him and he kept trying to get her back and she refused so he assaulted her four days prior to killing her on October 17th Anna told him and you heard that recording I don't want to be married to you I don't want to be with you over and over again in that car and he wouldn't take it no can I just talk to you and he wouldn't leave she must have told him 20 or so times in I call get out of my car I will call the police she did not want to be with him and she made it crystal clear and that night he knew that she wasn't coming back to him he started carrying his gun the day prior to the murders he told this social media acquaintance that he would go to jail if he ever saw Anna with another man because already in his mind he's thinking about killing he's thinking about killing any man that she's with he told somebody that he quits his job the same day he going to kill two people over and over again during those text messages that you've all been read in court seen in court the defense will argue that she provoked him she kept going back and forth no she did not she told him over and over between October 4th and October 2st in those texts I don't love you I'm scared of you I'm not safe you are harassing me leave me alone let us move on she flat out told him I don't want to be with you there was no confusing what Anna meant and of course the defendant would say well she would in person give me a hug or tell me things well he's the only one that you can R for that and you know he's a liar she made it clear let's look at some of the searches again searching for escorts searching for how to plant a listening device those searches began on October 17th over and over and over multiple websites he searched audio modering audio surveillance how to plant a listening device because in his mind he's already making a plan to catch her and he wants to know how to do it so he's searching and searching and trying to figure out what to do he reads this article husband turned into stalker and planted spy devices in ex-wife's bedroom and sure enough that's what he did planted a spy device in his ex-wife's bedroom he's searching for decapitated heads on October 17th he's searching for chopped bodies this time frames is important because he's doing these searches starting at 10:30 p.m. we know Anna and the defendant had dinner that night they had 8:00 reservation and by 9:00 the defendant had already abused her and she took those photographs of her eye and an hour and a half later he is researching chopped bodies and decapitated heads that is not a coincidence he tried to tell you that his friend Chris got a spam text message about the cartel and chopped bodies that is ludicrous and we know Chris visited him at the very beginning of October so on October 17th the defendant is not searching for chopped bodies randomly because of that spam text message he is searching for chopped bodies and decapitated heads because he is already thinking about killing more searches on octob 18th again his wife doesn't want to be with him and made that Crystal Clear at that dinner and all month and so he says oh I know she's cheating on me I'm G to catch her so he's searching again how to listen to a room remotely he reads this article is it possible to turn a mobile phone into a remote listening device he's making his plan and then the morning of the murders he's searching for trash pants to his b he tried to tell us that he put when he was inside the apartment and knew that Anna wasn't there and knew she was cheating and lying to him that that's when he searched for trash cans and assigned her profile picture as trash first of all who would do that to their wife he he's going to put a trash photo as her profile picture but he lied about the timing of that because he first started researching it at 8:50 a.m. and then he accused me of doctoring the search that's the search from his phone and we know it's at 8:50 we know the time conversion he started researching the trash cans well before he went to the apartment because he was making a plan let's look at the day of the murders you saw the surveillance footage and the still photographs Anna left the apartment at 8:40 taking air to school the defendant arrives at 9:14 that's when he gets off that elevator and he walks into the apartment 9:17 he has already activated Discord and he tried to lie and tell you he did that before he left way later than that no he did not 917 because what was his plan to spy on his wife and catch her cheating so the first thing he did when he ended enter knowing she wouldn't be home because she's taking their child to school he plants that iPad behind the bed he activates Discord then he trashes the apartment because he's mad she didn't thank me for the flowers again she disrespected him didn't thank him for Roses because she doesn't love him and doesn't want to be with him and he needed to leave her alone but he wouldn't he has a conversation with Anna much later you saw that on surveillance the defendant tried to tell you he made an audio recording and paused it and then had a conversation that's not what you saw on surveillance he left the fire at 9:51 went back to his hotel we saw that at 2:00 Anna and Ray came off the elevator so that's when they went to the apartment and then the defendant is starting to pick up the voices because he's listening the whole time he's not sleeping he is listening to the voices listen to catch her with another man and he got his chance he caught her only a few hours after he activated that application so sometime between 2 and 2:50 he leaves his hotel he armed himself he parked outside and ran through the parking garage which he doesn't do no one does that there's lobbies he ran to the parking garage because he was trying to hide what he was doing he didn't want to be caught he parked outside so he can get away quickly he started his recording rode that elevator at 2:55 he ran off and then he went to the apartment he had all that time to think about what he was doing and chose to kill okay 258 is when he fires those shots about 20 seconds after he takes the photographs of the dead bodies the R2 calls his mom confesses to her 307 left the building 310 called 911 to start his offense about 3:30 he picks A Mir up from school and within minutes he's arrested and caught continues his defense and then you hear that he's interviewed and he's so angry at an and Ray he had just murdered them and he is still so mad about what they did to him they disrespect expected him that's the murder weapon that he took with him put a magazine in made sure it was ready and loaded get all that ammunition three magazines his holster he had that plan set arm armed running through the parking lot tightening his belt he's on the elevator and he's C you saw the elevator right his phone has his key card [Music] outting someone just he's G not he knows what he's going to do he gets right off the elevator doesn't even wait for the door to open because he has his plan plan to kill I'm going to catch them play the video and audio one more time because it is so important for you to hear how quickly he committed his murders and you heard that door open and second and a half later he's firing and the audio recording in his pocket listen carefully to everything that is happening on the recording h you saw and you heard how quickly that was done gun is not loaded you saw this in court this is how the defendant had this gun it is on a holster it's a left-handed holster you saw detective Escalante put it onto his pants hey I don't have jeans I'm not going to do that but this is how the defendant had his gun it was inside his jeans tucked in and look how much of the gun and the holster is hidden underneath the jeans so the defendant has to manipulate his pants his shirt just to even get to his gun you saw he was wearing that baggy black sweatshirt and the gun's hidden it's inside his jeans and you saw how hard the escalan had a pull to get the gun out you did not hear that on that recording right that's because he already had the gun G out he had zero time to take his gun out of the holster after he opened the door in order to fire that quickly and he told you his whole story how long did that take on the stand for him to tell his story about everything that happened before he started firing way more than one and a half seconds and then it takes time to get your gun out which he also said it wasn't out it wasn't loaded I only took it out when I got there no you did not you already had it out because there was not enough time and it takes time and you have to pull it out and yank it and that makes a sound which it did not make in the recording because it was already out he took it out while he was running to the apartment you heard on that recording that he said the word respect he can say all he wants and that's not what he said but he was the only man alive in that apartment when that word was said and he said it because Anna had not respected him yeah you could pause the recordings and see what time frames the shots were fired but you know how quickly he fired because that was his plan before he entered and it is so important the fact that he already had that gun out and it was already loaded because that's his premeditation he had the gun out already because that was his plan it was already loaded with round in the chamber he could say all he wants that it was not loaded but you see the evidence on the ground that bullet in the dining room when he wrapped the first time that's where that went and then when he wraps the second time and the third time those bullets fall on the carpet you saw take time and detective esante testify about where the bullet comes out when you rack the gun and pull the slide back it comes out like this and that's why that evidence is at the scene and the defendant can tell you all the that makes no sense how all those bullets were at the scene yes it does because they were discharged from your gun that was already loaded he knows that he has to say the gun is unloaded for him to have his heat of passion defense it was loaded and the bullet came out of the gun and fell on the ground and you heard that clink okay makes a noise because it's falling on a hard surface you know that that dining room was tiled okay the gun was already loaded because he planned it and premeditated it and then he took that photo of the bodies afterwards you saw the diagram with all the evidence you know that he wacked the gun as soon as he entered one second later and then you see that the bullet Falls there and he's still charging towards his victims he racks again the bullets here and he told you how close he was to Ray he tried to tell us at first that he didn't you know he snapped and he fired he had no idea who was shot and all that but when I crossed him oh then he knew oh ra I shot in the back of the head first and then you know he fell backwards and then I was in front of the coffee table and I had the gun pointed at his cheek he told you what he did and he was so close look where he was he went all the way in here to shoot his victims in the face and in the head he tried to explain to you oh I don't know how that bullet would be there uh we know that because it came from the gun same thing right there three racks three bullets on the ground and then what did he do he took that magazine out he shook it into her legs callous mve he tried to say I don't know how those got there yes you do Anna did not have two bullets between her legs when she was on the couch talking already that gun was not in the house she didn't just put those there he did he did that because he was mad at her and after he killed her he just emptied his gun and that's why those are between her legs and of course he had no explanation for that and he gets on the elevator and smiles he was happy about what he just did he's talking to Daniel he has the dead body photo on his phone he's hiding it from Daniel of course but he's looking at it and he's looking at his phone you saw that on the elevator ride and he's drinking the water he took from outside the apartment door you saw the injuries that both Ray and Anna suffered Bray was defending himself he turned his head because he saw the defendant with a gun and he was trying to protect himself in a and that's how he got the bullet to the back of his head but the defendant also shot him in the neck and the cheek from an upward angle Ray's head must have been flopping for him to get that bullet upwards otherwise the angles are downward the defendant was so close to Ray that he left soot on his face he did that because he was inches away and he wanted to hurt Ray and kill him in a cool manner he was close to his face and he fired that shot fire that shot in the back of the head and then Anna he stands right in front of his wife who he claimed to love so much but at that time he hated her and he fired a shot into her head killing her what other EV do we have here you heard criminalists testify that the V gun was operable there was no malfunction issues we know there wasn't because he fired over and over again quickly all the shell casings found the scene were fired from the defendant's gun his DNA was found on the gun and some of the cases gunshot residue was found on his hands the video and audio evidence is indisputable in this case and he admitted it to his mom now the defense will come up here and tell you that this is voluntary manslaughter it is absolutely not these are the elements that need to be proven in order for you to find the defend guilty of voluntary manslaughter instead of murder that the defendant was provoked he was not as a result of the provocation the defendant acted rashly and under the influence of intense emotion that obscured his reasoning and judgment in element three the provocation would have caused a person of average disposition to act rationally and without do deliberation from Passion rather than judgment these elements are not proven here there's other language in this during structure slight or remote provocation is not enough it has to be sufficient provocation not simply that he was provoked sufficient and the provocation that they are claiming that Anna did was not sufficient she did not provoke him he is not allowed to set up his own standard of conduct he cannot spy on his wife plant a device make a plan and then later claim it was In the Heat of the Moment In the Heat of passion and no that is not true a father is coming home from work he had a great day and he wants to go into his daughter's room and give her a hug so he goes home he walks into his 5-year-old daughter's bedroom and he sees a stranger raping his child he is so overcome with passion that he beats the rapist to death that is the situation where voluntary manslaughter is applicable that stranger's conduct was incredibly provocator to that father that father as a result of that provocation acted rashly and under the influence of intense emotion that obscured his judgment his child was being sexually assaulted and he was trying to stop it and he ended up killing someone the provocation in that scenario would cause an average person to act rashly and without due deliberation that is not what we have here there is not a heat of passion when you walk in on your separated wife who is not with you on the couch with someone else fully clothed not having sex and heat of passion does not apply when you walk into an apartment that you had bugged with a key card you were not supposed to have to a fight that no one else knew was happening but you and you brought a gun that is not he of passion the defendant did not out act out of passion he acted out of a pattern of control and violence it's provocation that would drive the average person to act rashly and from the aroused passion the average person would not act rashley in this same situation Anna did not provoke the defendant by leaving him and moving on from him without his knowledge that is not sufficient provocation that is not provocation at all they are going to argue that she provoked him by talking to him giving him hope all of that was in his mind she was not giving him hope at all she made it clear I don't want to be with you I want to move on and she was doing that and she wasn't provoking him with Ray she wasn't telling him oh I'm with Ray who you hate oh I'm with another man she wasn't doing that to him she wasn't taunting him like he did to her this is not provocation Anna did not provoke the defendant by hanging out with him on occasion with airor she was trying to be nice and let him see her child even though he was abusive and she was concerned but she still met up with him so he could see airor that is not provocation adna repeatedly told the defendant she didn't love him and didn't want to be with him he wouldn't move on that is not sufficient provocation by Anna that he would not let her go and move on the defense can say all they want the defendant can say Anna did this to me Anna didn't that how did Ry ever provoke the defendant he had a conversation with him in August of 2020 saying he was lucky to to have his wife yes Anna was very beautiful yes Ray liked her and that is not a crime that is not sufficient provocation he did not tell the defendant oh is that your [ __ ] that's something that defendant is of course saying now but what he told Julie at the time was this is what Ray said to me you're lucky to have your wife which in his mind translated to I want to sleep with your wife Ray never said that to him even if did say these things it's not sufficient provocation that happened over a year prior their meeting Ray and the defendant didn't have a relationship where R was provoking him Raiden tell the defendant oh I'm sleeping with your wife haha that didn't happen it's not sufficient provocation Ray was a single man entitled to date whoever he wanted and Anna was separated from the defendant and they're entitled to be together not according to the defendant but they are and that is not sufficient provocation by Ry to date Anna after she left her hus the average person would not act rly in this same scenario you have to think about the cooling off period too look at how far the defendant drove after he heard the voices of course he was upset that he heard Anna with another man Even if you believe the elements are met for voluntary manslaughter and heat of passion which they are not he had plenty of time to cool off he drove all the way down the five that 15minute drive and thinking the whole time that he was going to kill and he had plenty of time during that drive to think about oh I shouldn't do this okay he had a 15 minute drive to cool off he had the five minutes in the elevator or I'm sorry in the parking garage to cool off he had that 3 minute elevator ride up and stopped on multiple floors 3 minute ride to P off that 9sec run of this of the apartment to cool off there was plenty of cooling off time and if enough time has passed between the provocation and the killing for a person of average disposition to cool off then the killing is not volary man this is not a heat of passion case and this these crimes are not voluntary manslaughter it's not or lesser offense it's two first-degree murders remember again the elements I have proven to you beyond a reasonable doubt that the defendant intended to kill Anna and Ray it was willful deliberate and premeditated he carefully weighed his options he thought about death days prior weeks prior he thought about life and he chose death he chose to kill he decided to kill before he entered that apartment and shot an and R to death first murder has been proven Beyond a reasonable doubt he killed a human being with malice of Express you remember all the EV in this case look at all the proof of his guilt his gun his ammunition the videos the audios his admission the evidence found on his phone the evidence found on his social media every single witness that testified in this case proved how violent the defendant was the criminalists all proved the case against him Dr shaver who came in and told you that the defendant killed with gunshot wounds in the head and the manner of death was homicide that's what he did he was murdered and his lies are also proof of his guilt all the lies he's told in this case all the lies he told on the stand trying to convince you with heed passion it was not I want you to remember the words of the defending used when he testified he told you he was provoked he told you that it was not premeditated he told you about the word cooling off of course he's trying to tell you that he that the elements of heat of passion or met he's smart guy he's trying to convince you of that it was not he passion it was first three murder and with both those counts of first degree murder for an and Ray come two allegations the personal discharge of a firearm causing death that is not a dispute here that element is true he personally discharged a firearm during the crime he intended to discharge that firearm and his act caused Anna and raised death that element that allegation is true other allegation to this special special circumstance multiple murders what does that mean that means in this case you have two counts I have to prove the defendant had that you find him guilty of at least one charge of first-degree murder and at least one additional charge of first or second degree so if you find the defendant guilty of first degree murder in both counts 1 and two this allegation is true and if you find the defendant guilty of one count of first degree murder and one count of second degree then this allegation is also true however we know that these both of these murders are first degree they are not second you'll get Verdi forms in this case you have two verdict forms for first degree murder one for an and one for Ray you have two verdict forms for murder in the second degree for Anna and Ray and then you have two verdict forms for voluntary manslaughter for Anna and Ray now if you believe because I have proven to you beyond a reasonable doubt that the defendant is guilty of first-degree murder then you only fill out the first degree murder forms you fill out guilty of the crime of first degree murder and then you have to find each allegation true or not true again this allegation is not in dispute that he discharged a firearm causing death so you would write true and I've proven to you that both of these murders are first degree so the special circumstance for multiple murders is true and you would Mark true you would only get to the voluntary manslaughter verdict forms if you find the defendant not guilty of first and second Dee murder that is absolutely not the case here he is guilty of thirst of REM murder he murdered Anna and Ray In Cold Blood and he is guilty and I ask that you find him guilty of both counts first degre murder thank you all right ladies and gentl like break I apologize but this is the best interest of the case kind of talking my Charlie and I have been together for 25 years been my cler for 25 years and I was asking him should I try to bring him back at war or 115 over the years every time I've done it it doesn't work because we've gotten on a schedule of 1:30 1:30 1:30 so I'm going to keep you on that schedule I do want to start at 1:30 though okay so please be here early and um I said I thought about it but it just it it it always doesn't work just work so thank you for your attention we'll see everybody back in just before 130 I my opening at the very beginning of this case by saying that Ali was driven to the brink and that this was even recognized by law enforcement officers who interviewed him after the shooting the human heart is very complicated that's probably something that we all know and that we can all relate to and in this case there are complicated things going on for both Anna and Olie and unfortunately Anna brought Ray into their complicated lives when it comes to our feelings and our behaviors and the way that we react to those feelings and our emotions things aren't always black and white and sometimes our feelings our emotions and our reactions take us to places that we never thought we would go light or dark ol boulbon is not a murderer yes killed Anna the woman he loved the mother of his beautiful daughter Amir and he killed Ray a man with whom Anna was having an affair and he cannot undo what he has done but he did not murder them he is not a murderer the Law's kind of funny sometimes sometimes it's baffling and sometimes it gets it exactly right and law in homicide recognizes and requires you to consider heat of passion that is what's going on in someone's mind at the time that something's happen because the law recognizes that human beings aren't robots it's not as simple as inputs and then outputs and then we just react in a certain way the law understands that there are circumstances and issues that occur that cause us to react in ways sometimes unpredictable and sometimes frankly all too predictably and based on the reality of how human beings are when an intense passion obscures reason and obscures the ability to think sometimes there is a death and that death is not murder it's manslaughter now is manslaughter an excuse is it a condoning of behavior is it a free ride out no it's not it just means that how we label the behavior is appropriate and legally sound what you need to find here what the evidence has led you to in this case is not murder but manslaughter when we're looking at the counts here one and two two charges of first-degree murder we have to get to what this case is really about and that is was there severe appliation of Ali Aban what evidence supports the conclusion that I'm asking you to draw that he acted in the heat of passion on October 21st 2021 what facts and circumstances lead to a conclusion of manslaughter rather than murder and so I want to talk to you first about the instruction so that you'll understand what I'm talking about when we get to those facts and how to apply it to the law the legal instructions are not always obvious his honor read them for you um it's a rather simple packet for us lawyers probably sounded a little convoluted and confusing to you you will have those packets in the Jury Room with you you can read them and go over them for yourselves I appreciate in advance your efforts in regards that once you get back to the Jury Room you'll go through them and I appreciate your attention now I have several slides in a row with a language of calr 520 570 and 522 522 is the idea of the effect of provocation and this is the general statement about what you can do with this concept of provocation provocation May reduce a murder from first degree to second degree and may reduce a murder to manslaughter the weight and significance of the provocation of any are for you the FactFinder to decide when we're looking at uh what when you're making those decisions those kind of initial choices you're going to be looking at the weight and the significance of the provocation if any and in this case there is no doubt about provocation there are a lot of questions posed on cross-examination of Mr boubon about whether Anna and Ray were to lame here this part of the case is is about Anna and Ray it has to be right because there has to be someone who's doing the provoking we don't talk about provocation in a vacuum there has to be someone that we're talking about and unfortunately here it's Anna and Ray that is not to say that either of them are to blame or in any way deserved what happened to them but this is to say that those are simply the facts those are the facts that known at the time and those are the circumstances you will be asked about the provocation and to decide whether it was weighty and insignificant and in this case I submit to you that it was both weighty and significant Cal 22 part two this is a little bit repeative but it says that you decide whether it's the differences and degrees of murder based on the publication and also must consider whether it reduces murder to manslaughter and this is kind of the tricky part because in this case it's our contention that you should not get to murder at all so strong was the provocation so strong was the passion in this case because to get to murder you have to decide and believe First that Beyond a reasonable doubt Aliyah bouan wasn't provoked and that he did not act as a result of heat of passion from that probation the prosecution has to prove it sort of in the negative Beyond A Reasonable Doubt and as we spoke in jurus election the burden is on the prosecution I know that in this case the def defense presented a lot of evidence but this is the point at which it is the job of the prosecution to show you how none of what we presented matters and they have to show you that Beyond A Reasonable Doubt but there is no provocation but there is no P of passion so let's look at the basic template of uh 570 voluntary manslaughter voluntary manslaughter is a killing that would otherwise be murder it's reduced to voluntary manslaughter if the defendant killed someone because of a sudden quarrel or In the Heat of passion and as a result of that provocation the defendant was uh acted rashly and under the influence of intense emotion that AB spurred his judgment and that probation would have caused a person of average disposition to act rashly and without due deliberation this is from Passion rather than from judgment or thinking it's not a perfect tion it can be many emotions it can be anger it can be rage it can be sorrow it can be desperation and frustration and humiliation and betrayal the law just requires that it's violent or intense emotion that would cause a person to act rashly impulsively without deliberation or reflection and on this topic when we're talking about violence violent and intense emotions and we're talking about normal everyday people because that's the legal standard we have to ask basically is this reaction normal are these feelings normal is this something that an average person would experience under the same circumstances that all we experienced the elements for 570 the defendant killed someone because of a sudden quarrel or in the he of passion if the defendant was provoked as a result of the provocation was rash under the influence of that intense emotion that obscured his reasoning or his judgment and the provocation would have caused that reasonable average person to act rashly and without due to Liberation as we know from Ali and from our really our own everyday sort of common knowledge there are a lot of emotions that come with infidelity and strong emotions that come from being lied to deceived by the person you love and when that loved one lies and deceives and has an affair with some that they know you have expressed concerns about it's all just too much so we have two things provocation and heat of passion and that is the cas here the months of confusing and conflicting Behavior compared to the words used the painful story marriage unraveling against the backdrop of breadcrumbs of Hope being tossed out at the same time the damage caused by Al to Anna only to be forgiven Time and Again by Anna the infidelity and the deceit this is the provocation the provocation we know can occur over a long period of time and it can also be sudden there is no right or wrong amount of time for provocation the sudden provocation of Anna involving Reay into this toxicity and dysfunction that existed in her marriage was Ali Ray of all the people Ali suspected for some time that Anna was being unfaithful the facts are that he buckled into that roller coaster ride from July of 2021 and it took him all over the place all over the map of emotions you could hear it in his a audios all of them the good bad the ugly you could see it in his text messages all over the map love hatred anger all of those emotions are so close to each other separated by just a sliver he did not know for sure until the first time uh that he believed Anna blatantly lied to him is about being in the apartment on 10:21 and this is all part and parcel of the pro it occurred over a long period of time with Anna and over a shorter period of time with Ray he of passion does not require anger Rage or any specific emotion it can be any violent or intense emotion that causes a person to act without due deliberation and reflection it never stopped in this relationship it it never took a break there was never a time when Ali got an answer from Anna that made sense about the cheating her responses were no I never would I never could we are married marriage matters to me unlike you she said almost those exact words to Ali on October 5th and October 18th and those m messages are in the defense exhibits what does all of this mean a Le was provoked by Anna's months of confusion her Infidel infidelity and deceit and he was provoked by Ray's involvement with Anna on October 21st of 2021 as a result of this provocation he acted rashly unthinkingly and this obscured his reasoning and his better judgment the provocation that he endured would absolutely cause a person of average disposition to act rashly and without due deliberation from Passion and not judgment exactly what calm 570 requires for voluntary manslaughter I think we all know that this type of um voluntary manslaughter and this type of um recognition in the law of emotion and how people react to things that it's really written about infidelity infidelity has long been recognized as part of The Human Experience something that has a provocative effect on our emotions our reasoning our judgment sexual infidelity violation of trust triggering feelings of Abandonment blows to confidence and self-worth intense emotions and these are emotions that in this situation come uninvited to us not that you want to feel that way they just are there because of the circumstances and the facts and they are made worse by many things happening to us including drug addiction and mental illness and they are made worse by the response of the person who is Unfaithful made worse by the degree of deception and the constant pushing away and pulling back all the things that would certainly be the cause of many emotions including humiliation desperation rage and depression but the bottom line is the intense violent emotion caused by the provocation it has to be real it can't be made up by Ali and it can't be a reaction that is so wacky so out of the norm that no one else would ever experience it and it's clear from the testimony and the evidence in this case that what Al felt is something that a person of average disposition in good Feld what calr 570 means is almost as as important as what it doesn't mean so when we're looking at this it's an analysis that Ali was provoked by Anna's conflicting words and her behavior for for infidelity and deception and he was provoked by raay sexual suggestions towards Anna early on and his ultimate involvement with Anna on 1021 2021 as a result of this provocation we know how all we reacted and we know that this is the same way that an average person would react under the same circumstances and the same set of Acts what 570 does not mean as I was saying is almost as important as what it does mean this does not mean however that the person of average disposition would have acted in the same way that H did in other words you are not to consider whether the average person would have committed a homicide as a result of these intense emotions only that the emotions themselves would have been experienced and caused a rash or passionate response said in another way you must not consider whether or not the exact rash or passionate acts done by oi that a homicide would have been committed by a person of average disposition the question is would a person of average disposition in the same circumstances in the same facts had a reaction to the provocation the type of reaction is not what you are to consider I can understand how that's a little bit confusing maybe um some of you might be thinking wow I mean this person experienced Fidel infidelity his first love the mother of his daughter being lied to over the course of months and everyone's telling him he's wrong and when he feels that he's got to be right and he just can't get over it and he can't figure it out and he's coked out 24/7 and his mental health is spiraling and at the point of recognition of Truth he feels rage anger sorrow humiliation desperation all of those things I think you're thinking yeah okay I get that I understand that but the problem you may be having is that maybe an average person wouldn't kill two people that's not where maybe many of your minds go and fortunately that's okay but that's not what the law requires the law does not require that the average person react the same way that all he does the law only requires that the average person would have a reaction to the provocation your questions are was the provocation sufficient and was it sufficient to cause an average person to react rashly and without thinking and then you stop if your answer is yes you stop and if you think about it it's logical this way of thinking about it makes sense because if you're looking back and you're looking at the situation you think people wouldn't do this and most of all Ali wouldn't have done this if his mind wasn't clouded with emotion he wouldn't have done this if he'd been thinking because that's what the law says to us in these circumstances this is not um something that people would do if they are thinking rationally and if they're using good solid judgment this is what happens when people's minds are clouded with Intense or violent emotion because of the provocation morning looking at this average person you're looking in the same circumstances as the actual situation you need to see okay was there a cool off period was there time to cool off in that 4mon period in that 24hour period in that 15minute period as Ali is listening in live time on the Discord app to Anna with a man laughing and making fun of him you have to look at the circumstance ances of that day look at the depths of the circumstances leading up to that day you look at what was already going on with Al physically and mentally his drug addiction his mental illness out of control the devastation he felt at that moment 570 also tells you that the burden rests on the prosecution of proving you that this is not how it all went down and the instruction says that if the prosecution fails to prove to you that this is not how it all happened then you must find the defendant not guilty of murder not that you can or that you may but that you must might be tempting to look at the defense that puts on evidence as we did in this case and say well miss green you know what you didn't prove it you didn't prove to us us that Ali was acting under the provocation without judgment but remember it's not my burden we talked about this in jury selection I don't have to prove anything I could sit in that chair not ask a single question that might have made detective lady happy to not ask a single question with the reality is we put on evidence we asked questions we did an investigation and we provided that to you but that does not mean that the burden shifts to me the burden of proving this case Beyond A Reasonable Doubt always rests squarely with this table it may also be your response at the end of all of this to go you know I'm just not sure this seems reasonable this seems reasonable I just don't know and I'll address that and those types of feelings that you may have at the end but I'll give you a hint Aliah bouan gets the benefit of the doubt the history of this relationship between Anna and Ali is important and it's important for Anna and Ray also because to understand the State of Mind of Alan on October should be October 21st we need to know about him on other days throughout his life his family his influences his relationship with Anna and his relationship with Ray and to understand Anna we need to know about her her influences her relationship with Oli her plans with Oli her plans with Ray and how she thrust him into this dysfunction Anna was the only one for Allie from the moment he saw her she was beautiful funny effervescent confident she felt comfortable in her own skin she was enjoying life to the fullest all the things Ali wasn't but he wanted so desperately to be and after first getting together they spent hours talking and learning about each other their conversations were deep and intimate in Anna Ali found someone who seemed to love him almost in spite of himself Anna listened to Ali and made him feel for the first time in his life that he was love worthy of love in general and her love in particular and Ali accepted things about Anna that were new to him Anna and her friends like to party hard with drugs and alcohol you heard that from the friends that came in from Japan Ali quickly realized early on that Anna was used to living a very different lifestyle than him but he accepted that about her he told you he was always sort of waiting for the next foot to drop he was falling hard for her and it appeared to Al that Anna felt the same way even though Anna's friends in Japan would constantly bring up her ex Shan Torres and remind Anna that she was Sea's girl Anna ignored them she was now Al's girl and she was content and happy with that Japan is where we heard from Witnesses about an incident of domestic violence listen to those Witnesses with caution Casey Conroy Toria Sims sha Torres Alexandria Coleman they didn't like Ali then and they certainly don't like him now they are certainly and undoubtedly angry at him for what he has done and it came across in their testimony suddenly on the stand adding things that they had never said before things that were d damaging and damning to this case and Casey claimed connector to them and according to them although all of this was happening all the time and suddenly it's not just limited to Japan now they have stories about Virginia and now they have stories about San Diego things they had never said before all of this is happening and they are her so-called best friends and they never did anything to help her I think that say at all these are her best friends they would have done something to help her if these things were happening Ali told you what happened on in August of 2015 in the military and that's what he told the military police you might be wondering what Anna told the military police but you can bet that if it was something contrary to what Al said prosecution would have shown it to you prosecution will probably get up and say she doesn't have to produce all the evidence in a case and that's right the law says that she doesn't but in a situation where someone is charged with a double first-degree murders prosecution should bring in the evidence you've heard a lot of testimony about the uncharged um evidence of domestic violence and detective Escalante and detective Le both describe this as a DB case this is actually a hom site case there are incidents of uncharged domestic violence but the two don't equate to be the same this evidence what you heard from these friends has a limited purpose if you decide that the defendant committed the uncharged domestic violence you may but are not required to conclude from that evidence that the defendant was disposed or inclined to commit domestic violence and based on that decision you may also conclude the defendant was likely to commit the crime in count one only as to Anna if you conclude that the defendant committed the uncharged domestic violence that conclusion is only one factor to consider along with all the other evidence it is insufficient by itself to prove that the defendant is guilty of the crime in count one and as we know the people must still prove each charge and every allegation with proof Beyond a reasonable doubt this young family eventually made their way from Japan to the Philippines to Virginia and they welcomed a beautiful baby girl named Amir and they got married though they were young their married life seemed to suit them well in the early days they were good partners in Virginia they loved being parents Amir was a Charming child to have the best qualities of both her mom and her dad they worked really hard Ali had a top security clearance and worked in it for the state department and Anna with Ali's help easily secured employment they initially lived with Ali's family although in 2017 they were able to purchase their home and from the evidence we know that at this time in Ali's life much of his confidence came from having Anna by his side he felt lucky and happy that she chose him and together he felt that they could conquer the world Anna seemed to appreciate that Ali needed her and depended on her for his feelings of worth and validation and Anna wanted to be needed these are all very normal foundations in a marriage and it was a foundation of their partnership but also what we saw running just beneath the surface of this relationship at times bubbling up and over was a constant struggle over accusations and insecurities related to cheating and infidelity Julia told us about a time that Anna found naked women on Ali's IG account and she fled in the middle of the night Ali told us about finding um that Anna had been texting and sexting with some sort of TV star it would constantly struggle with each other over each other's bones to look through them to catch to keep an eye on the other one and Ali told us about a time that Anna attacked him in the middle of the night angry that he had women on his account this insecurity was constant for both of them and it was bubbling up with some regularity during this time ol's brand of Jin kit was growing initially Anna and Ollie worked on this together both taking pleasure in building this brand it was something that they did in their times together he was a content creator and she was a videographer but as coaster told us Ali's friend who came in as Ali star began to rise Anna started to feel left out it's almost like she was trying to compete with his brand wanting that same level of Fame for herself and as time went on in Virginia Anna realized that being a wife and a mother in Virginia wasn't enough for her anymore she missed her old life from Japan and she wanted to have that again she reconnected with friends from Japan who are now living in San Diego and she visited it on a solo girls trip she loved it she had a great time she was happy to be reconnected when she returned she wanted only to go for a visit they went did you heard they partied the whole trip with Julia and Alicia juko and the friends they used cocaine for the first time they used ketamine for the first time and they met great Baron for the first time Ali had an awkward and uncomfortable and unsettling meeting with Ray on this very first trip they quickly returned to San Diego for a second trip where there was a birthday party that was hosted for Alicia and H Anna and again another uncomfortable upsetting unsettling and frankly inappropriate interaction from Ray when they returned to Virginia Ali and Anna seriously considered moving to San Diego Ali was into the idea but he also felt unsure about it given that things were going pretty well in Virginia they had good jobs they own a home a miror was settled they were close to their family but ultimately he agreed to go however the plans got derailed slightly because all these brother Sammy had a mental health break Ali's family was in turmoil his dad and mom beg him to stay and he didn't want to disappoint his family but he also didn't want to disappoint Anna Ali suggested to Anna hey let's just postpone the move just for a little bit until things get settled down here but Anna was insistent now now was the time or I will divorce you didn't want to Lanna the pressure to remain with his family and his brother was Heavy this push and pull Happening Here in Virginia ultimately he told us that he believed he should not lose his marriage over this so they all packed up and went to San Diego at the beginning life in San Diego was good Ali quickly found work on the Naval Base they secured an apartment right in the heart of downtown and they enjoyed their days here Jin kid the brand was really taking off and the fan base was growing Ali was gaining the attention of movie stars and other comedians people who wanted to work with him he was excited and happy and confidence was growing in a way that only the L and power of social media can feed all these star was rising and at the same time Anna was growing more and more distance to Ali there seemed to be a shift in Anna arguments were happening regularly over all sorts of things online Fame the traditional accusations of cheating Alli growing drug abuse the way in Anna's eyes that Al had changed was acting crazy and mentally ill just like his brother as the weeks and months went on Anna recognized that Ali was getting worse and in her words she described him as poked out 247 mentally unstable not the man she married as we heard from Ali and his mother toal he was always someone who suffered from the cycles of the high highs and the low lows he was times fun and creative and cycling High full of energy impulsivity emotionally unregulated quickly and rapidly changing through emotions and feelings and at other times he was low and depressed and crippled by self-doubt never knowing where can fit in or even how to fit in we know he had the ADHD diagnosis and as Dr Leman told us ADHD in children is often later diagnosed as bipolar in in adults matching Her diagnosis of Al growing up in Ali's house was nothing short of terrible SP a lot of discussion with the witnesses about what it was really like the when theal finally broke down on the stand about the types of abuse she suffered the types of abuse that Al Le suffered those emotions and those feelings were real Ali's father was extremely abusive chasing the LA around the house trying to break down the doors to get to her screaming throwing things and his mother Dalal was constantly keeping secrets from nassa I don't know if you picked up but when she said that the way she disciplined the children was to threaten that she was going to WRA them out to their father if that doesn't tell you what sort of reaction nasar had to his children in that household at that time I don't know what would and it wasn't just directed at to Ali was the subject of the abuse being beaten with a vacuum cord punched slapped items broken over his head constantly screamed out belittled bulli made to feel useless and worthless all of this in a home or mental illness was frankly not believed in they didn't believe in mental illness and all of this resulted in a complex trauma which led as Ali Grew Older to the formation of personality disorders borderline antisocial narcissism we all know good and the bad the things that happen to us when we are children impact the way that we behave and become as adults things that happen to us in our young developmental years leave an impact leave a mark on us and turn us into who we are both the good and the bad all of this trauma created in Al someone who was insecure and easily intimidated by others especially men he developed into someone who didn't know how mix with peers didn't know how to fit in always hearing his dad's harsh and critical voice in his head telling him he's worthless and stupid good for nothing not like the people around him and what developed in him was a fear an intense fear of Abandonment that saw him constantly testing those around him almost baiting them to abandon him just to say I knew that she would a self-fulfilling prophecy that's how Dr Lan described it very similar to when Anna would tell Ali that he was unable to be happy that he was his Own Worst Enemy Anna was describing for you exactly what Dr Leman diagnosed Ali with and it's clear from the evidence that that diagnosis was spot on and I would suggest to you that Al's mental illness was on full display during this trial Dr leman's diagnosis of severe stimulant and alcohol dependence canot not be controverted Ali by his own words and Anna through her words confirm that Ali was a raging Coke addict during this time all of these things mental illness cocaine addiction and the relationship stressors were raining down on him forming in him and in his mind The Perfect Storm as described by Dr Leman so what can you do with evidence of this mental illness calr 342 we mental impairment say offense to the specific intent or mental state of murder for first and second degree murder the prosecution must prove that the defendant had a specific intent or malice of forethought you have heard evidence that the defendant suffer from a mental disease or disorder you may consider this evidence only for The Limited purpose of deciding whether at the time of the charged crime he acted with the intent or mental state required for the crime um which is malice a forth thought the toxic nature of Anna's relationship with Ali really began to boil over in July of 2021 Ali was struggling so much this during this time period that we know he took a leave of absence from work he told them that his mental health was bad and as we all know there was a terrible DV incident in Late July of 2021 it started with cocaine a lack of sex and intimacy Ali being accused of forcing it by Anna which Ali interprets can only have one explanation that she's cheating in that moment he told you he went low oh well don't be upset if I sleep with one of your friends and she went low oh well I already slept with P lost it he rolled over on top of her in a terrible fit of rage she punched her three times he told you that he was honest with you on the stand he was embarrassed and humiliated and ashamed of what he did and frankly he should be he admitted to you that he was wrong and more importantly he admitted to Anna that he was wrong you saw the emails you saw the text messages he admitted to her he was wrong and she forgave him she came back after a few days this is one of those moments ladies and gentlemen when we're looking at this marriage every marriage has its own foundations and set of boundaries and rules we are not here to judge whether Anna and Ali had a good marriage I think we all know that they had a far from ideal marriage we would never want that type of relationship for our friends for our children for anyone that we loved but the reality is is that this was the relationship they had moving forward through August and into September we start to hit a really bad period for this marriage Ali is feeling abandoned by Anna he's thinking that her friends are sneaking in and in his mind turning her against him in his mind they're being disrespectful to their own partners and I'll leave use um Anna's unwillingness to stand up to them as problematic in his own marriage let me say something about respect in marri marriage because we've heard this theme from the prosecution that Ali demanded respect and he expected respect this kind of hearkens back to some kind of like oldfashioned control Power you will respect me kind of um theme and what I will say is that I don't consider myself to be a particularly old-fashioned kind of girl but I am married and I don't think it's unreasonable in a marriage for a partner to respect and sometimes maybe even demand respect from their spouse as I said marriages have each marriage is so different We cannot put our own marriage Norms on somebody else's relationship this is what it was this was their marriage September as we moved in was rough for Anna and Olie there were two DB incidents pretty much back to back we have September 8th and it's unclear whether it was September 11th or September 12th but it was the night of Julia's birthday party if it were not for the defense if we were not here you would not have seen the video that led into the September 8th incident you would not have seen what backed up what Anna told the police that there was a struggle over the luggage that Ali was trying to leave and Anna was mad that he was taking her suitcase so she was on the floor pulling his stuff out and she was on the video saying all those terrible things about Aira in front of Aira prosecution asked Ali when he was on the stand whether Anna was joking in that video joking and saying those things about Amir to even suggest that Anna was joking in that is disgusting and ridiculous those were her words and it highlights that Anna was also not in a good place at this time o was going to go Anna didn't want him to go she was taking his stuff out of her suitcase and he pushed her on September 11th September 12th the day of Julia's birthday party again we show the video of what happened it's this constant struggle over the phone constant struggle over the phone looking at each other's information where are you going who are you going to be with who's going to be there and that's how this incident started and then we see all Anna standing at the bathroom door saying you're hurting my finger you're hurting my finger the door was closed then she runs out of the house when Ali has her phone scaming well [ __ ] this help me help me help me nothing had happened except the struggle over the phone this is what Ali is talking about when he's telling you that she was constantly using this threat of calling the police when it actually wasn't warranted and then when it was warranted she called but would later drop the charges or not participate in the prosecution Anna is telling all go see other people find yourself without me we're done early September so he does introducing Ashley Niki Sanchez the way that da was asking Nikki Sanchez Ashley Sanchez about how things were leaking up I kept expecting for someone to say that this was a non-consensual encounter minute by minute and then he touched your thigh and then he moved his hand up to your waist this was a consensual encounter between two adults she wanted to use blow he had blow she wanted to drink wine he had wine they went to his apartment and she was the first person to say do I have sex and he said okay didn't work there some things going on with her physiologically what happened is that she says I'm so afraid of him I'm so afraid of him except that doesn't make sense because she took him to her apartment she took him inside of her apartments and after that they went back to his apartment you're so afraid of someone this guy's a creeper and he's weirding you out you don't hang out with him you don't let him into where you live you don't go back to his apartment judge her testimony and her credibility with caution what do we know happened after that Anna wanted to be back with Ali he picked her up on September 21st at the Starbucks on base where she was staying with Claire we know that Ali had a pass to be able to get into any base and we know that at no time did Ali take advantage of that to surprise Anna to show up unannounced to show up uninvited even though he knew where Claire and Anna were living they went back to the apartment ready to hang out and then Anna out of nowhere slipped out but a friend of all these had left a bike in the apartment what she tells him he's a loser who lets people use him over a bike another sign that Anna was also not well during this time Anna Leaves and his downstairs and then the next thing we know because we heard it on the recording Anna busts back up into to the apartment because Ali had said something to her in kind of classic Ali fashion more insecurity and allegations of cheating he told her something about Nikki and we know it was about Nikki use the name interchangeably Nikki SL actually because Allie knew her is and flies upstairs who is she take me to her who is she let's go I want to meet your girl what was Anna gonna do was she reacting to Passion that she was feeling in that moment was she reacting to provocation in that moment she took ol's phone from him we heard it on the audio give me it no give me it no back and forth she wanted to go through it she wanted to look at it and this is a time while remember on September 11th or 12th Al took Anna's phone and the prosecution tells you that that's an example of domestic violence right but but when Anna does it it's just her wanting to look at all these spell conduct in that moment is the same just a different standard for Anna than it is for hly what we know from this incident is that Anna was acting like a jealous wife not someone who was separated or broken up and on September 21st they apologized to each other an accepted and apologized accepted Al apology for what had happened they're crying with each other Ali you're my best friend I [ __ ] love you and they let their guards down they make love and they forgive each other and the next day I leave constantly testing the Loyalty because of his personality disorders tells Anna more about the Nikki ashy situation constantly this is a constant theme the sphere of Abandonment but then demanding and testing the Loyalty self-fulfilling prophecy he tells her more and I can't believe it you're doing this you're telling me more Oli said it was a stupid joke trying to downplay it being honest with her he said because he was feeling guilty and Ali provided Anna with the phone number he didn't have to do this but to his own detriment he did they fought again all day long but ultimately the day ended with I love you and the next day September 23rd Anna took all Le to the airport and again I love you are exchanged and he takes off for Miami she warns him don't do anything stupid in Miami and while he's in Miami out of nowhere Anna blocks him he can't reach her he can't find out what's happening this blocking thing is like another constant Fe running through this relationship right these are two extremely immature people that instead of talking about their feelings in a very rational normal way they result to blocking each other and Anna knows the impact that this will have on Al it makes him absolutely crazy and she does it often and with Reckless abandon to hurt him and to torture him I mean honestly I think we all know this no one on this planet knows how to hurt you more than someone you love in particular your spouse they know your vulnerabilities they know the things that upset you and at times I'm guilty of it at times you go low because you know what's going to hurt that person nobody can push your buttons more than someone who knows what your buttons are hly returns from Miami on September 27th and he knows things are not right little things are off and his gut is telling him seats are different in the car there's unusual alcohol in the house lerie that appears to have been born that he's never seen before and what do we know from Julia that same weekend she and Anna went out they met up with Ray and a friend of kids at the club they all returned to Ali and Anna's apartment and while Julia denied that anything happened between Anna and Ali I'm sorry between Anna and Ray we know that Anna wasn't being honest with Julia about Ray at all because Julia and Ray used to be an item we have proof that by October 1st Air 10 days after crying and making love with Ali air 8 days after telling Ali that she loved him air six days after picking him up at the airport Anna and Ray were sleeping together Anna wasn't done with all the in 10 days she wasn't over all Ali in 10 days Hearts don't work that quickly she was with Ray to hurt oi she was trying to get back at oi and we don't have any idea what Anna was telling Ray about her relationship with Ali but Anna knew that Ali didn't think that they were over because she wasn't done with him and Anna brought o into this sorry Anna brought Ray into this dysfunction we see October 8th they together talking about um using a bump of cocaine October 15th being together um we didn't do much cuddling tonight talking about Jin kid Oe this leads us to the month of October where the prosecution has routinely described it as Crystal Clear what was happening between Anna and Oli I I guess we have a different definition of crystal clear because this is an example of a time where this push and this pull the difference between the actions and the words were impacting Ali and the provocation is ramping up in him he was a shell of himself during this time period you saw videos of him he was skinny had hollowed out cheeks was cocaine addicted alcohol fueled his mental illness his paranoia running rampant inside of him he's talking to random people on the internet all of this back and forth with Anna was making him crazy he couldn't reconcile that Anna could go from could stop loving him in the matter of less than a month less than 30 days we've almost been in trial for 30 days and in that time period that is how Anna fell out of love with Ali it didn't make sense to him he couldn't understand it her words were the same as always I hate you find someone else we're over but her actions didn't match on October 4th and October 5th we're over I'm literally telling you to move on on October 7th I'm stopping by randomly to bring you IHOP breakfast October 8th they went to breakfast together maybe it all these requests but she didn't have to go he didn't force her to go if this is about Amira having a relationship with all Le send a miror you don't have to go if you're over someone you don't continue to have these sorts of interactions with them which gives them the sign that there is hope on October 13th Amir spends the night with Ali Anna says Claire made Panet can I bring you some Ali says are you sure Claire wants me to have pet I wants you to have it when Anna left Ali text thanks for being silly with me and laughing with me of course Anna says October 15th I'll always have love for you you're a good dad to lir I can't take that away from you October 16th meeting up at UT TC thanks for the hug at the end of the visit October 16th later Ali saying can we hang out to get a drink like old times Anna's response maybe someday Ali October 18th when Ali is asking and saying I want to do these things for you I want to get back together with you the bills and take care of Amir and be together as a family Anna's response actions not words Ali and when ol is asking Anna on October 5th about the cheating it's those same responses you can see them in the defens exhibits it's not a no I'm not cheating on you it's not a it's none of your damn business it's not a I can sleep with whoever I want I'm entitled to sleep with whoever I want cuz we're broken up it's a no I would never I could never we're so married marriage matters to me unlike you what that does is telling him that they are still married in her mind and that is important to her and that is a line that she would not cross because they are still married this is like water dripping on his forehead all day long it's not an excuse I'm asking you to recognize the faults of what turned into a terrible marriage in all human relationships there was a component of extreme emotion and this relationship between Anna and Ali at this time is the Apex of human emotion it may not be your marriage may not be my marriage but it was their marriage and its heightened state of despair but imagine if it was your marriage the water dripping on your head but You' feel so so insecure and you're pulled and pushed back and forth and fed little bits of Hope and then it's all dashed little bits of Hope and dashed these are intrusive thoughts that he can't get rid of these are intrusive visions of Anna and who she's with he can't escape it and then you have in addition to that all of these other very real equally terrible problems mental illness drug addiction so what does that make him it makes him susceptible susceptible to emotion unable to apply the breakes just like Dr Lan told us impulsive lacking an ability to break while his body and his mind are continuing to accelerate and speed out of control he was emotionally manipulated psychologically impaired and Ill adapted for all of this and Anna knew it which leads us to October 21st of 2021 the day started off well in Ali's mind on this day he was going to drive to LA to stay with his friend Sammy Sammy had convinced him that he needed to get away from Anna take a little break so they were going to meet up in La they're going to make some videos they're going to have some fun he was up all through the night of the 20th into the morning of the 21st noie told us he was worried that leaving for LA would indicate to Anna that he was done but they were over and as Anna had been upset before about trips to LA and Miami Ali didn't want to do that to her he was up listening to old messages listening to himself talk listening to Anna talk and we saw on October 21st a video he made where he seemed to get it he's apologizing to Anna he made that message and he sent it to her after making that message despite being exhausted as we can physically see in him on that video where he's yawning time and time again he can't hear or accept the cues his brain and his body are giving him he doesn't go to sleep he stays up doing more cocaine when Anna told him just 3 days before your actions not your words he decided that before he left for La he would do something nice and fill the refrigerator with food for Anna and the miror and he also decided to add a romantic gesture to that and he sent some roses in his mind this was a good way to show her through his actions how he felt about her he waited and eventually Anna responded thanks for the food nothing about the roses and Al's mind this moment cked out and spiraling for mental illness he started to get emotionally ramped up where is she what is she doing she didn't respond that's weird she's definitely cheating texts her she says she's on her way to take a mirror to school he drives to the apartment building he texts her again tries to Face Time her doesn't go through he enters the apartment with a key card that he made that Anna was aware that he made and had she's not home she said she was home she's not home he's home he told you that this was the first time in all of his seven years with Anna that he felt that she had blatantly lied to him and suddenly everything he knew and that he suspected was true Anna was cheating he knew he needed to catch her to show his parents and his siblings and her friends and the world that she was cheating that he wasn't the only bad one so we set up the iPad open the Discord Channel and place it behind the bed not in the living room where he might catch innocent conversations but in the bedroom behind the bed where people who are going to cheat and have sex are going to be and if he at this point wanted to stalk Anna if his whole purpose was unrelated to this very specific action of catching Anna cheating he would have set this Discord app up when he left the apartment on October 18th but he didn't setting it up on this day behind the bed was a very direct reaction to her lie and him catching her in it and needing the proof to tell him and his world that he caught her that his suspicions were real after doing these things he told us he felt an unbelievable wave of exhaustion I think probably stemming from the fact that he finally figured this whole thing out so he left and went back to his hotel he took off his jeans which we already know contained his belt his holster and his gun and he lay down to go to sleep some time passed and he was woken to the sounds of Anna's voice and a male's voice they were giggling and talking he thought this is my final moment to catch what I need to my aha I knew it he quickly got dressed in the same jeans as before and he told us his gun was fair and he knew that he' been wearing it all day since his move out of the apartment and he told detectives Ley and nist in his interview that he did not know who the man was in the apartment and he was happy to leave his gun on him in case he needed to defend himself he does four bumps of cocaine way more than he's ever done at one time and he runs to the Jeep he's in the Jeep driving 90 mes per hour his heart is racing his head is spinning more coke he described in that moment double nostril it wanting to have his full attention and really be in the moment when he finally gets the proof he has so desperately needed the whole time on this 15minute drive he's listening to the Discord app in the conversation that he thinks is happening in the bedroom talking about him and his cheap ass roses and then silence and the music and he thinks I have to get there before they have sex I have to get there to stop it so that this doesn't go too far that we that I can't come back from this he gets to this fire building he parks in the Red Zone he runs through the parking garage he has to go back to his car because he doesn't have the T to get in he's adjusting his pants he's never run with the holster on before and it's slipping got to the elevator and he turned on his phone to record the incident in the past we know that Ali was constantly recording these imperson interactions he was having with Anna he was paranoid about the way Anna was treating him um and in his mind manipulating him sometimes in those recordings they went bad we know that the October 17th in he was recording that and it went bad and he told you in those moments just like in this moment he didn't record them thinking with an intent that something bad is going to happen doesn't make sense that someone who has an plan to Ambush and execute people would record it that's just not something that people do he turned on the record feature to protect himself and get the proof he needed he pushed the button on the elevator door closed because everything he's hearing is so loud on the Discord app he thinks they're in the bedroom he's expecting that when he gets off the elevator door and runs to the apartment door that when he opens that door they're going to be in the bedroom and he's going to have time to walk across the floor walk through the kitchen walk through the dining room to the bedroom door but we know that's not what happened we know that when he got to the apartment and he opened the door this is what he sees we know that Ali knows his apartment and we know that Anna knows the sound of the key card activating that weeping that you hear in the recording and she knows the door opening and what that sounds like he opens the door and can immediately see into the couch Anna and then Ray Ray [ __ ] an eyebrow and does a chin nod Ali described in that moment feeling immediately betrayed hurt and angry violent and intense emotion and he's overcome with what he's seeing she's cheating and with all people Ray this doesn't take minutes to process it's literally seconds to see faces in a fog he told us he pulled out his gun not with a bullet in the chamber Anna what the [ __ ] raps it fire Ali says wo because it's loud and startling and shocking and he tells you he can't stop he's being pulled forward almost as if he's propelled towards them rxs again shot shot shot shot he can't stop in the passenger seat of his body he tells us it's a blur the final rack and the final shot we know that Ali has experience with guns and with this gun and he knows that after the first rack which would put a bullet into the chamber which is the first thing we hear that you don't have to Rack it again to keep shooting the fact that he is doing that is an indication that he is out of his mind and he doesn't know what he's doing that is absolutely unnecessary to do to keep firing that gun he remembers walking towards the door of the apartment opening it but not leaving looking back and screaming for Anna that he can't believe what's happening like he can't believe what he has done he doesn't remember taking the pictures but he admitted that he did the da suggested that he was proud of it I don't know wanted it as a keep sake but frankly that suggestion is disgusting if he was proud of it he wouldn't have sent it to his mom and dad to try to convince them that he had actually done this he would have loaded it up onto the internet for the world to see that's what somebody does when they're proud of something he left the apartment he's walking in the hallway ping talking to himself what the [ __ ] did you do talking to himself sobbing and crying the da wants to tell you that he has no emotion on that nest camera where the da has written words roll scrolling across the bottom the word sobbing is on there because that is what he is doing he's talking to himself he goes back into the apartment he's looking at an he notices her hand is clenched and he looks inside oh yeah cocaine not a surprise he's looking and trying to process what he's done and what's going to happen next he screams her name again and Shear disbelief for what he has done to her he leaves the apartment you know he calls his mom he says I killed her I shot her and there was another man in the house he waits for the elevator and when it arrives he doesn't even notice that it's actually going up he's so desperate he gets on the elevator going up and who's there Daniel his neighbor someone that he knows and he has a quick smile and recognition of knowing someone in that moment Daniel is asking him all sorts of questions now the elevator's going back down and Ali literally says stop [ __ ] asking me questions Daniel said he's never seen Ali like this before Daniel gets off the elevator um but before that Aliah SE looking at his phone and he's looking at the photo that he took trying to process what happened he doesn't show it to Daniel as if he's proud of it he immediately closes it his chest is pounding quick shallow breasts as noted and described by detective Hopper when he came in to testify while he gets off the elevator in the lobby and goes to his Jeep doesn't get off on the parking garage like he got on because he is so out of it in what has just happened he gets in the car and he calls 91 one now this is an important part he does not have to alert authorities about what has happened and that there are two dead people in the apartment if he was a cool collected premeditated killer he wouldn't have lingered around on the 30th 35th floor making phone calls and he wouldn't have called 911 he would have simply left and made it far far away before anyone ever knew that there were two dead people inside of that apartment and remember he was the only one who called 911 Caroline ala heard gunshots but she didn't call only oi called he gave them his name his address and he told them what he was literally able to say about it in that moment he couldn't breathe and he walked in and he found them dead inside he was never told by 911 dispatchers to stay at the scene never once you can listen to the 911 call and while he's telling 911 to get them help for Ray and Anna he's thinking of a Mira he's got to get to his daughter he does more coke in the car he finishes the bag and he throws it away he gets to her and he tries to remain calm did he smile at his daughter maybe he's trying to keep things calm and keep a mirror calm he loads her into the car he's talking with his mom and dad trying to come with a plan of what to do with Amir that entire conversation is about what to do with Amira they want to tell you that it's evidence that he was trying to flee the conversation was Mom saying let's meet 3 hours away and Ali said M that will take too long I can't hide with a Mir forever because he knows he has called 911 and given them his information and he tells you he hear sirens and he hears helicopters they are looking for him he's driving on the freeway in a miror notices that there are police cars and In This Moment he knows he knows he has to stop before he does that he tells his daughter in the kindest way that he can I hurt mommy and I have to go now wasn't bragging to her and that insinuation is disgusting frankly he didn't say I killed your [ __ ] mother he said I hurt mommy and I have to go he pulled over and he was arrested and in that moment he describes it as very sobering he's trying to remain calm there's a police dog multiple police officers guns are pulled on him he's trying to tell them his daughter is in the car please don't shoot her please don't shoot me in front of her she's there please and he is trying to be as sober as he can and he tells and asks the officer did you did the ambulance make it to my wife the arrest and the processing um and we know that the search warrant obtained by detective esante included a probable cause statement that detective nuus noted things about ali that made him think that Ali was under the influence the warrant was granted and the blood sample was obtained and detective nucleus was correct even almost 8 hours after the incident even with as quickly as cocaine metabolizes in the human body there was still cocaine in Al system indicating as he told us that he used a lot that day and here's what you can do with that evidence voluntary intoxication you may consider evidence of any of the defendant's voluntary intoxication only in a limited way you may consider that evidence only inciting where the defendant acted with malice of forethought person is voluntarily intoxicated if he becomes Intoxicated by willingly using any intoxicating drug or drink knowing that it could produce an intoxicating effect or willingly assuming that risk in connection with the charge of murder that people have the burden of proving Beyond A Reasonable Doubt the defendant acted with specific intense of malice of forethought so you can take the fact that he was under the influence voluntarily to use that to consider whether that cocaine impacted his ability to form the specific intent required for murder and I submit to you that it did there are a lot of things suggested to you by the prosecu of evidence of I don't know what internet searches for trash cans internet searches for chopped bodies plus cartel things that frankly don't prove anything in this case what they do and what she's trying to do is paint oie as a monster paint him as a bad person so that you will convict him based on that because I submit to you that if the prosecutor thought she had a first-degree murder wrapped up or a second degree murder wrapped up and could get that conviction she wouldn't give you this type of junk internet searches for porn throwing out there yesterday that he's searching teen porn knowing that he's in custody and what that can do to someone the dangers of that to someone in custody but she didn't show you proof of that she just threw it out there evidence that she took a statement or had some sort of information that Al spoke to Brian Edwards in custody and was bragging to him he denied it where's the proof of that again another example of throwing out this junk don't look at the facts ladies and gentlemen convict him because he's a bad person why didn't she show you his interview with the police why is it that the only time you heard about any of the facts of that interview was from me on cross-examination with Detective lady why didn't she show it to you because it backs up what was saying and it backs up the way he described it and it backs up the level of provocation and we know that because detectiv he was there for that interview and when he talked to the L about 30 minutes later the way he described it to D was that Anna drove a lead to the brink they didn't want you to see that interview we're at this juncture now where you will go back into the jury deliberation room and you will apply the facts of this law of this case to the law we know that Ali was emotionally mentally and physically compromised and this is the history that on October 21st of 2021 we see Ali who was a man that for the months leading up to the day he was unraveling he was not sleeping he was not eating he was stressed out about Anna and her cheating so it was different about that day he'd been living in limbo with Anna for months but this day for the first time Ali determined that Anna had blatantly lied to him and he caught her in that lie and everything he did on October 21st was done with a singular Focus to catch her cheating these are the circumstances and the facts that he was in and the situation that the average person needs to understand to see if they would react rashly to the provation I know it took a long time to get to this point it's a pretty rich record for you and there's a lot of evidence and again from calm 57d you need to determine whether someone in the same situation with the same facts ver an average disposition would have reacted from Passion rather than from judgment we started with this slide and I stand by it this is a tragedy senseless act and it should never have happened you can feel sorrow for rais family and for rais friends for Anna's family and for Anna's friends they've attended beautifully pretty much every day with this pce you can recognize this and you can acknowledge those feelings for them but then you have to put them aside you have to base your decisions on the evidence not on sympathy for any person or party and the only question for you as members of the jury is was this something that was planned or was it passionate was it reasoned or was it emotional when you get the jury verdicts I suggest that you you can look at them however you want but I would suggest that you start with voluntary manslaughter to see if each of you believes that the prosecution has proved Beyond a reasonable doubt that there was no provocation that there was no he of passion I don't think you get past that these homicides are simply not first-degree murders there was no plan there was no premeditation There is No Malice of forethought is a state of mind it means malignant heart means that you are intentionally planning premeditating to kill someone that simply was not a Le State of Mind the prosecution has not proved that to you these are not first-degree murders There's No inite Malice either but we wanted to catch her and get proof and we walked in there they were Anna and of all people right was shocked to see what they were doing and he reacted he acted impulsively out of emotion are also not second degree murders we're talking about what you can do with this provocation it takes it from reduces it from first to second and second to voluntary manslaughter if these were second deegree murders we would say okay it's like provocation light or it's like heat of passion light maybe something that made someone angry um but it's less waiting than what we have here right it's like a short-term relationship that ends in Fidelity maybe that's a second degree murder you just sort of react but it doesn't have the weight of the provocation that we have here it's something that's less meaningful than what we have here it's pretty reasonable and I think clear from this case that prosecutor and I are are arguing it from very different perspectives but we see evidence circumstantial evidence and direct evidence while coming together in very different ways so when you're looking at this what we talked about earlier what you do with circumstantial evidence that has two or more reasonable conclusions one pointing to guilt and one pointing to innocence and this is something you'll see with the state of mind what was he thinking what do we do if we think gosh well that seems reasonable or that seems reasonable what do we do with that calm 224 is where you go for this it says that you must accept the conclusion that points to innocence there are two or more reasonable ones one points to innocence and one points to guilt you must accept the one that points to innocence you must only accept the reasonable conclusions and you must reject any conclusions that are unreasonable this is a case in a situation the law provides that Ali abban gets the benefit of your reasonable doubts That's the Law prosecutor didn't talk at all about her burden of reasonable doubts and what the standard is so I'll cover it the defended in a criminal case is Presumed Innocent presumption requires that the people prove a defendant guilty Beyond A Reasonable Doubt whenever the people must prove something it has to be proven Beyond A Reasonable Doubt in deciding whether the people have proved their case Beyond a reasonable doubt you must impartially compare and consider all the evidence that was received throughout the entire trial unless the evidence proves the defendant guilty Beyond a reasonable doubt he is entitled to an aquid and you must find him not guilty not you can not you may but you must he is entitled to that whether Ali had malice or whether he acted out of passion those are things circumstances that are going for your decision if you find that the defense has made the reasonable argument to you and a reasonable interpretation of what is going on here under how human beings behave you have reasonable doubt you are the judges of the facts and you take them as they come proof Beyond A Reasonable Doubt is proof that leades you with an abiding conviction that the charge is true what does this mean abiding conviction I predict that when we all walk out of here at the end of the case none of us will ever forget Anna and Bray and Ali and what we did in this trial this case will be on our minds and that's what an abiding conviction means it means next week next month next year five years from now when someone asks you have you ever served on jury duty this case will come up in your mind and you'll say yeah yeah and you'll think about this and you'll think about the verdict that you rendered and it needs to be something that's here in your heart that you made the right call if you have doubts the Brilliance of our system again the benefit of that doubt goes to all we you have all the evidence you've seen it all you've heard it all you are the FactFinder you are to determine what it all is and what it all means the audio recording inside the apartment where the only people who seem to hear anything about respect the prosecutor who transcribed the audio and the detective who used his fancy headphones to hear it they don't get to tell you what the facts are you decide what the facts are and you decide what the facts mean I'm asking you to hold Ali responsible but only responsible for what he did this was a crime of passion he reacted to the provocation that he was experiencing he is not guilty of first degree murder he is not guilty of second degree murder find him guilty of two counts of voluntary manslaughter thank you all right l a 10 minute break seated thank you reasonable doubt it's proof that leaves you with an abiding conviction the charge is true it is not not beyond all any doubt is is not beyond all possible doubt all Shadows of doubt it's beyond A Reasonable Doubt and the defense doubts that they RA are not reasonable defendants many lies are not reasonable Reasonable Doubt is not conflicting stories the defendant Story versus all the other Witnesses Reasonable Doubt is not minor it consistencies that the defense brought up the doubts the defense raised in this case are not reasonable we're not here to put Anna on trial a lot was said about Anna and the things that she's done we know that she liked to party we know that she used cocaine we know that she had some jealousy concerns in the past in Virginia even in San Diego we know she wanted to move here we know there were some things she said to the defendant a month prior in September about jealousy or wanting to see his phone things like that she's not here on trial for any of those things she's not on trial because she was with Ray there's a lot of blaming in this trial virtually everything the defendant the defendant had a blame for everything every everyone and everything else was to blame but him and Anna was the biggest blame she is not the one on trial here he is we're not here to put Ray on trial for liking Anna he is entitled to do that he's entitled to find another woman beautiful he's entitled to start dating another woman who's separated from her husband he is not the one here on trial and he is also being blamed for something he said a year prior at a party he is not to blame here we're not here to put the Witnesses on trial the defense has used Sergeant Le's statement to Dalal wara as some kind of support for the defense that is not how he meant it and he told you that he told you that he told miss wara the defendant said Anna drove him to the break that was the defendant's words those were not Sergeant Le's words he did not believe that at no point did he believe that Anna was at fault for what the defendant did he was having an explanation what a scared mother who had just come down to San Diego and you heard he was kind to her in that interview and he did not this is not a nefarious thing that he said he was simply repeating what the defendant told him during an interview which of course was blaming Anna the defense has said don't believe certain Witnesses don't believe any of the Japan Witnesses because know they have a reason to lie no they don't what reason does jaor Sims have to come in here and lie he doesn't have any reason to do that the friends tried to help her defense may claim no one called 911 no one tried to stop the behavior that's not the friend's responsibility it's the defendant to his behavior the friends did try to help you heard about several friends telling ad it giving her advice prob shouldn't be with him he's abusive he's controlling things like that and just because Casey and Sean didn't say every single thing that they knew in their interview with the district attorney investigator doesn't mean that what they're saying in court is not true people don't remember every single thing in life that has happened to them or that they' that doesn't mean that they're lying and again they're not the ones on trial he is the defense wants you to believe the defendant's version of events they want you to believe his feelings about Anna and this heat of passion claim based based on his state of mind we know that he is a liar I could put hundreds of slides up here with all the lies that he has told throughout the course of this case throughout the course of his past in text messages and so on I'll highlight a few for you though the defendant said to the psychologist that his dad hit his mom but how he testified here in court was that his dad chased his mom and yelled at her he never testified that he hit her he told the psychologist that he met Anna at the gate no he did not he met her through sea he wants to make it seem like there was some unbelievably romantic way he met Anna no she was dating his friend and then started dating her he made up this whole story about that Japan incident that he just slipped and fell and knocked Anna over and he swung once at jakora Sims and then he fell over because it was a phone party those are lies he punched Anna and he swung at Mr simps and then he lied to on the stand about his discharge and blamed it on his staff sergeant again more blaming it was his fault he was violent and that's why he was discharged he testified I never got violent in Japan well first he said I don't remember these incidences in public and then he said no I was never violent but we know that's not the case he testified he wouldn't hit Anna in public and then he caught himself because he realized he said something bad and he tried to fix it but he couldn't fix it first of all the truth is he would hit Anna anywhere and then what's something else we know not only did he hit her in public in Japan but he hit her in public in San Diego in that parking lot of the restaurant he's trying to tell you that Ray said is that your a [ __ ] no Ray never said that he wants to pain Ray as a bad guy to add to the provocation Ry was not you heard how Ray Ray was a wonderful person a wonderful supportive friend what Ray said was you're lucky to have her the defendant many many times to many different people said there was never DV lies there was often DV the defendant said many times I never touched another woman however he slept with Ashley the defendant tried to lie to on the stand and say Adam was coming over in October having sex with me we know she didn't the defendant told the psychologist I couldn't afford rehab he's a smart guy he knows Na and AA meetings are free everybody knows that he chose not to get himself any help the defendant lied and said he found Anna and Ray no he murdered anay and the defendant tried to tell you on the stand it was not premeditated it definitely was we know that defendant has told so many lies he's lied to Anna he's lied to his family he never told his family the truth about the violence he lied to them about it he lied to his friends he lied to that social worker after he was arrested he lied to 911 he lied to the police the psychologist and you heard about all the lies he told on the witness stand especially about October 21st I'll get there what did he tell you he lied to reduce his damage that's why he lied about the DB incidences and that's why he's lying now about the murders he's trying to reduce his damage you cannot believe a word someone says when you know they're a no liar there not a want call a lie I found them on the couch I found them dead I'm leaving I don't know who the guy is he knew it was right I just walked into to go check on them it's not that he wasn't ready to tell the police what he did it's that he was covering for himself and making a defense he was never going to turn himself in now let's talk about the biggest lies that he told on that witness stand it was about October 21st what did he tell you he testified to this under and then I had him go over it again oh this is what you said right this is the order you said everything happened oh yes okay lies he told you that he knocked on the door he saw those crushed flowers so he got upset and he rummaged through the apartment and then he assigned that trash photo to Anna's profile and then he paused his audio for a phone call with her leaving the apartment and going back in then he trashed the apartment then he threw out the clothing in the trash shoot and then last he put the Discord application activated on the iPad we know that's a lie what really happened is he looked up those trash cans because he was thinking about killing then 25 minutes later he entered the apartment he immediately activated the Discord application since that was his plan then he made that audio recording of him trash in the apartment and then he called Anna on the way out and why did he lie to you about this because he wanted to make it seem like he didn't have a plan to spy on her but he did and that's the first thing that he set up and the biggest lie of all his ludicrous explanation of the shooting he testified to this undirect and I again had him summarize it oh so this is the order you say everything happened yes okay he said he opened the door so he has to open that big door and then he sees Anna and Ray on the couch but actually he only sees Anna first she's leaning forward so she's blocking Ray so the defendant can't see Ray at first and at some point Anna leans back and then Ray leans forward and he said Ray looks at him and he makes that head nod and then the defendant notices oh my God that's Ray now that's that guy I hate and then he feels the Betrayal Hanah betrayed me and then he took out his gun and then he snapped started firing that is an absolute lie because you heard that audio recording and all of those things I just described and you heard how long it just took me to describe them and you heard how long it took him to describe those things on the witness stand way more than one and a half seconds what really happened as I've told you he pulled out that gun before he entered the apartment he opened that door and he immediately wrapped and fired and the defendant had zero explanation for you as to those bullets on the ground and that's such a crucial piece of evidence in this case because how would three live bullets get on the ground in that apartment unless his gun was loaded when he entered we should not believe anything he said on the witness stand especially about his feelings of betrayal and the lies he told and the fake crying he did let's look at some things that he testified to again would it be violent that in public that's a lie he admitted he lied about domestic violence to prevent damage he admitted that he was carrying his gun for days we know that's true because after his fight with Anna he was carrying his gun waiting for his opportunity something he said on the stand was he wanted Anna to feel the pain that he was feeling he didn't realize but he was testifying in giving motive he wanted Anna to suffer like she made him suffer that was not her fault she was entitled to leave him but he suffered because she left him so he wanted her to feel pain and that's why he killed her the defend also told you during his summary of the shooting I assessed the apartment when I entered and then I saw it was Ry and at that moment he's like I I saw Ry and those feelings came back and I fired well he added there an extra layer of deliberation and premeditation because he already had the premeditation before because that was his plan to kill but when he entered and said oh that's Ray that's that guy I hate he was dead he thought about it being Ray and he deliberated again inside and killed him the defendant told you he couldn't stop during the shooting those were his words uh he did stop though he fired Six Bullets he made sure his victims were dead and then he didn't fire the rest of the bullets in his gun he was lying that he couldn't stop he planned this out I'm going to fire these bullets I'm going to kill my victims and then I stopped and then I discharged the rest of the bullets in Anna's feet the defendant testified to all these details about the whole day his whole life but then what did he not testify to he didn't explain why he wrecked the gun he couldn't explain why there were bullets on the ground he couldn't explain why he took that photo of course that's why he would how he would testify and direct oh I was so under the influence of passion that I couldn't remember any of these things uh yes you did know those things because when I started to cross him he started answering some of them then he knew what shot he fired first into Ry in his head then he knew specifically how Ry landed on the couch then he knew where he fired the cheek shot oh he said he went up to the couch like pointed the gun like this towards Ray's cheek I said you had to be over the couch like basically towards the back to have done that you were so close he knew how many bullets were left in his gun that he had to take out of his magazine when he put it in the safe he knew exactly how he unloaded it and what magazine he used he knew there were three found he's like oh the one I used was the one that was empty he knew all these things because he planned it and because he was lying on the sand and one of the last things I asked him Anna had left you she was free to see Ray right no she wasn't let's look at the F demeanor on a number of occasions again the elevator ride not 91 call we made that call and then started acting cry don't please save them you didn't care about that his arrest he was calm not crying no remorse his susp processing he was calm not crying same thing the interview which you all he was theatrical in telling his story he was angry again the fake crying the crocodile tears Sergeant Le he testified about that he's constantly doing that he's pretending to cry about his wife but he's not really cry because he's acting so he told you he was articul during that interview he was lucid they had a back and forth conversation and what was the defendant doing during that interview cursing at Anna again blaming her for everything blaming her and R for everything like he always does it is his fault that he murdered them and most importantly you all saw his testimony in court over those three days you saw the fake crying you saw him rolling his eyes of me when I ask questions you saw that when he was telling his story undirect he was calm but when I was cross-examining him he was angry at me he was yelling at me he threw his hands in the air when I would ask him questions and he was controlling even of me during this trial he told me I was manipulative when I confronted him with lies that he didn't want to answer he told me what questions I could ask him or not ask him he demanded that I show him exhibits I cannot have a print out of his entire phone I asked him questions and he would get mad because he knew things were damaging to him that was the acting performance of a Lifetime on that stand and you saw it it was fake his anger was on display on the stand not mental illness statements he's made throughout this case are all self- serving they're all about him and he is just sorry that he was caught the defense has been telling you during her closing focus on his feelings why should we focus on his feelings he killed two people he's a person who's jealous possessive controlling violent and he wouldn't let Anna go that's who he was and her friends were scared for her you heard Julia and Claire testify that they noticed red flags and they told her you should leave him what happens if you get killed well that's what happened they were scared for her the defendant was a time bomb that just went off it was not if he was going to kill it was when and he did that a couple other J instructions I want to point out that you can consider again motive motive to kill shows the defendant's guilt the defendant's false statements there's a jury instruction on that you can there's consciousness of guilt every time he makes a false statement you can consider his flight after the murders to show that he was aware of his guilt and witness credibility is such an important thing in this case you can evaluate the credibility of all Witnesses I talked to you about that in war deer and you saw friends come in here and cry and be upset they were showing their real emotions what reason did Ashley Sanchez have to come in here and lie that's a good defense is claiming oh why was she so scared of him well she told you that it was after they were hanging out she was with him for a couple hours and started to realize things that about him how creepy and scary he was she didn't tell you she was scared while she was with him it was afterwards and the defendant testified that the social worker Sarah Duran came in here and lied about what she said about Amira for fame that's ludicrous what is a social worker coming in here for fame for she simply told you about an experience she had with airor that touched her because she was in a similar situation with her son and she told you about that again Jor there's no reason to come in here Li so you don't have to be cautious about the testimony of these people what you have to be cautious about is the defendant's testimony I want to talk to you about voluntary intoxication the defendant willingly used cocaine that was his choice we don't know how much he used we can't trust that he's telling us I used four to five bombs then I used another bomb and I snorted the whole bag put both my nostrils in the bag like we don't know what he actually used that day but what did he tell you about his cocaine use oh 15 minutes later he doesn't feel the effects anymore he wasn't high that day the cocaines had no effect on him he never attempted to get help for this he just kept using so he cannot come in here and say that he's not guilty of first degree murder because he was under the influence of cocaine no he never cared to get himself help or rehab or go to NA meetings he just kept using he's got a high tolerance so even if he used some cocaine that day it didn't affect him when he was murdering an and Ray he was not too high he drove his vehicle you heard he drove from Mission Bay to fpir building no collisions Joe just fine he tried to say oh he's driving fast he was fine we know he was lucid that day he was articulate he wasn't stumbling around you saw him on surveillance video he was walking just fine acting just fine pressing all the right buttons on the elevator he was not high he followed commands every time the police gave him commands he was following them he was talking to them back and forth the whole day arrest suspect processing his interview he was talking back and forth for hours totally fine not high engaged in a lot of conversation that day he was still able to form the intent to kill despite any cocaine that was in his system let's talk about his home life I'm not trying to tell you nothing happened to him at home but what do we know the defendant had bad behavior and he was disciplined and we heard conflicting information on this home life the defendant said his mom was hit but his mom said that she was chased the defendant first said he wasn't abused the day after his arrest he told the social worker no there was never abused in my home but a year later he said that Nasser abused him but we know Dalal said that Nasser disciplined him and didn't beat him up so we have a lot of conflicting information we just cannot believe anything that actually happened however this home life growing up did not affect the defendant on October 21st so I know defense made a lot about this complex trauma and things like that that had zero effect on October 21st it's not any kind of Defense in this case what something else we know the defendant was close with his dad so he said all these things about his dad how his dad treated him but he was very close with him they had a good relationship he financially supported him and emotionally and the took his dad's side in this separation with the mom and he slapped his mom shoved her whatever it is that he did but he was physical with his mom too but we know this had no effect the day of let's talk about Dr Leman the defense also brought up mental health the defendant kept telling you I was mentally ill what do we know from the doctor she did not review any evidence video or audio on October 21st to see the defendant's demeanor to see how he was acting to be able to even say whether he was H he was manic that day or not she didn't review any of that why not because he wasn't Manic and you can clearly see that she did not diagnose the defendant until two and a half years later and when I asked her I said you wrote a letter in February 2024 saying he only has bipolar disorder and then in April he has two other diagnoses you didn't receive any new information she diagnosed him two and a half years later so we don't know what his status was on October 21st and what do we know from the testing the interview of the defendant was all his own statements the testing was all his own statements circling those uh somewhat true very true things like that we have to rely on the defendant telling the truth to the doctor and we know he didn't all those test questions were present tense they weren't asking him how he was feeling the day he killed Anna and Ray it was how he was feeling in December of 2022 so we cannot rely on this testing and these diagnosis the defendant even the doctor admitted the defendant lied multiple times and that could affect her opinion or diagnosis so we can't trust it but what did she tell us and the same thing I asked you about in bardier I acknowledge people have mental health diagnosis we know that but people with bipolar disorder can still make rational decisions they can still premeditate and deliberate they can still have goal oriented behavior and the doctor agreed with me she didn't talk to the defend about the day of and the murders she could not testify that he was exhibiting any mental health symptoms that day she talked about him the perfect stor and him being psychiatrically compromised but she said I can't tell you he had any symptoms of bipolar disorder or any other diagnosis on the day of and she could not testify that he was manic or that that other stressor disorder played any role on the day of the murders so you you know there's a mental health instruction but again he could still inform the intent to kill we didn't see any mental health records of the defendant no military or VA records no medical records no proof that he had any diagnosis before October 21st he told you he went to neuro feedback treatment and he brought a machine home but he never continued to use it so every time I asked him why did you not get help for your violence if you really wanted to get better why didn't you seek out domestic violence classes anger management he didn't he didn't do that because he did not care and he didn't use his machine to help improve you have no evidence of mania even if the defendant did have bipolar disorder before October 21st it is no excuse for murder it did not affect his ability to form the intent to kill let me go back to this theme of respect again this is why he killed and I disrespected him because of friends she disrespected him for leaving him she disrespected him by being with another man and Rey disrespected the defendant by saying he was lucky to have Anna Ray disrespected the defendant by cuddling with her and when he killed Anna he said respect and he was never asked otherwise what did you say if you didn't say that word respect what did you say he wasn't asked that because he knows what he said they didn't show him respect so they were murdered again to go back to the heat of passion there was not sufficient provocation in this case the defense brought up oh Anna went to IHOP with him gave him panit said actions not words that is not sufficient provocation and remember she followed up actions not words with I do not want to be with you nothing's changed she wasn't giving him hope she's entitled to leave an abusive and controlling husband that is not provocation she doesn't need to keep forgiving him defense said well she kept forgiving him so that was part of the provocation that's not provocation she doesn't need to and then she stopped forgiving him because she left him his actions caused Anna to leave she didn't provoke him that was him and Ray again was entitled to date whoever he want he wanted so there is no heat of passion voluntary manslaughter here because there is not sufficient provocation and the defense said there was severe provocation that's not a standard and it didn't severely provoke him the average person in the same situation would not act rashly to seeing two people not having sex fully clothed sitting together on the couch an average person would not act rashly because the defendant and Anna were not in a loving marriage they were separated not and not together it's not the same situation as you walk in on your loving spouse having sex with someone this was not that they were not expecting him to walk in they were not flaunting their cuddling in front of him the average person would not act like the defendant did we're back to first degree murder all of the things I already explained to you all of the intent to kill all of the choices that he made that is all willful deliberate and premeditated actions and murder and the defense gave you a lot of information in her closing all these different things that might affect the case that might show that the defendant was provoked let's go back to one big thing one of the most important facts showing premeditation the defendant brought a loaded gun into the apartment he tried to say it wasn't loaded we know that's not the case because of the three rounds of the Flor so we know he brought a loaded gun into that apartment that shows premeditation it was loaded ready to fire because that was his plan I also talked to you about this in Boer we are all responsible for our life choices a lot of people have been through breakups breakups are hard and people get divorced and that's hard but you get through it it's not a reason to murder he is trying to avoid responsibility for what he did please hold him accountable for murdering Anna and Ray Anna was his property and Ray couldn't have her and that's why he killed them and I ask that you find him guilty of first re murder two counts along with both allegations thank you when you go into the jury ring the first thing you should do is choose a PO person person your discussions are carried out in an organized way decide for yourself only after discuss the evidence with other jur do notate to change your mind WR not change your mind because other disagree with you keep an open mind exch about opin opinions to strong beginning court judge not act asate told you at beginning of the tri do not talk about the case or about any people subject involved in it with anyone including the not will spouse family friends spiritual leaders advisors therapists must discuss the case only in the Jury Room only when all jurors are present not discuss your deliberations with anyone do not communicate using Facebook Myspace Instagram Twitter Snapchat other social media during the deliberations it's very important that you do not use an internet dictionary or other research tool in any way in connection with this case during your deliberations in the trial several items proceed exhibit they examine whatever exhibit with me while you're delivery send a note through the B signed by the four person by one of members of the jury have a complete record of his trial it's important do not communicate you have questions I will talk with the attorne before I answer so take some time Contin your deliberations while you wait for my answer I will answer any questions not reveal to me or anyone else how the v stands on the question of guilt or issues in this case unless I ask to do so on each count and any allegation must that means that to return all of you must agree to it decision is not my to tell you what your should be not take anything I said or did during trials I think about the the witnesses or what the verdict should be read your verdict without any consideration of punishment you be given ver forms as all jurors have agreed on vers State sign Versi you able to reach on only one or some of charges verze to our alternate jurors the jury will soon begin deliberating that you're still alterate J are by my earlier instructions on invol family or friends not other not contact with deliberating church do not decide how you would vote through deliberating not express about the issues in this Cas unless youed for one of do you solemly swear that you will keep this jury together in some quiet inconvenient place and you will not permit any person to speak to them nor speak to nor speak to them yourself unless by order of the court and then you will bring them into court when they have reached a verdict or when ordered by the court so help you go all right ladies and gentlemen couple things real quick first of all for both the alternates and the jurors again this weekend no news media no social media you're in a complete back vacum blackout whatever you want to call it so don't you've been great so far do not get any other information uh I'm going to send the alternates out now Charlie will be out in just a minute to get your phone information so that we can call you if we need you or we have a verdict um to our jurors we're going to send you back with Henry so we need you to take your stuff on exhibits we're going to send things back including birth forms the weapon is a little different there's three things I don't send back with juries I don't send weapons or amunition I don't send drugs and I don't send money for obvious reasons but if you want to look at any of the exhibit exhibits including the gun just work it out with Henry all right that's not a problem at all it just it's something that um take good care of it so at this point I'm going to go ahead and send our jurors out to deliberate or alternates if you can just step outside and remember the adition will be out just a few on 10 minutes just wait sor

Channel: COURT TV

Views: 85,111

Keywords: court live, court tv, court tv full trials, court tv investigation, court tv live, court tv live stream, court tv live stream free today, court tv live stream today, court tv on the docket, court tv podcast, court tv trials, how do i find court tv, live court tv full trials, true crime, true crime podcast, ali abulaban, ali abulaban tiktok, ali abulaban trial, tiktok star double murder, ali abulaban and ana tiktok, ali abulaban court, tiktok star murdered wife

Id: I6ADEAKkxCk

Length: 202min 3sec (12123 seconds)

Published: Sat May 25 2024