Closing Arguments
“Mr. Douglas, are you ready to proceed?”
Marcus stood up and glanced at the jury. “Yes, your honor,” he said and walked slowly over to the jury box. “Good morning, Ladies and Gentleman.” Marcus paused briefly as his eyes scanned the jurors. “Well, here we are. It's been a long road we've traveled together.”
Throughout the trial Marcus had worked hard to develop a relationship with the jury. During his opening arguments he promised to act as their advocate. He assured them that he would ask the questions they wanted answers to. Whenever Marcus questioned a witness, he always stood in front of the jury box. When a prosecution witness said something he felt was damaging to his client, he would casually glance at the jury. Sometimes he would smile, other times he would just shake his head. This tactic proved most effective. So effective that when certain members of jury heard something they thought was questionable, they would look in Marcus' direction, seemingly seeking his approval as to whether they should believe it or not.
“When we first met I told you that the prosecution would present you with a strong argument for finding Roland Ferguson guilty of the murder of his wife, Desireé Taylor Ferguson and Rasheed Damali. The prosecution promised that they would present to you, ladies, and gentlemen, the facts in this case. And that once presented with those facts you will find Roland Ferguson guilty of these two brutal murders. However, I also made you a promise. I promised each of you that their presentation would consist not only of the facts of this case, but it will be mixed with theory. A theory of how and why those events took place in order to lead you, ladies and gentleman, to believe that Roland Ferguson had the motive and the opportunity to commit this horrible crime. A theory that will be presented in such a manner that the facts of this case will support the prosecutions assertions. However, it is a theory all the same. The American Heritage dictionary defines theory as an organized set of assumptions devised to explain a particular event or phenomenon. So let's talk about the facts in this case and then we'll talk about theory. Okay?” he said and each member of the jury acknowledged him. He had them and he knew it.
“It is a fact that on Friday, December 2nd, at 6:30 pm, Mr. Damali checked into a cabin at Laurel Mountain Cabins in Hiawassee, Georgia. This fact is supported by records provided by Laurel Mountain Cabins. We know that Mrs. Ferguson arrived at the cabin occupied by Mr. Damali at approximately 8:00 pm. This fact is supported by testimony provided by William Anderson, who occupied the cabin next to the one occupied by Mr. Damali. He testified that he arrived at his cabin around seven thirty and there was a Black corvette, belonging to Mr. Damali, parked outside the cabin. However, at 8:15 when he returned to the car to get something he'd left, that the gold Mercedes Benz, belonging to Mrs. Ferguson was now parked next to the corvette. These are facts. The Coroner has established the time of death to have occurred somewhere between 1:15 and 1:45 that following morning. Now this is where the theory begins. It is the contention of the prosecution that Roland Ferguson entered the cabin and attacked Mr. Damali.”
Marcus walked to the evidence table and picked up the murder weapon. “Hitting him repeatedly about the head and shoulders with this golf club,” he said as he walked slowly back toward the jury, swinging the golf club in a chopping motion. “Nineteen times, until he was dead. After which he turned to his wife, who was in the Jacuzzi, and hit her fifteen times, with this club. Theory! An assumption devised to fit the facts. The body of Mr. Damali was found on the floor approximately eight feet from the door. Mrs. Ferguson's body was indeed found beaten to death in the Jacuzzi. At the heart of the theory is Roland Ferguson's motive for these murders. According to this set of assumptions that the prosecution would like you, ladies and gentleman, to believe is that Roland Ferguson found out that his wife was having an affair with Mr. Damali. And once this was discovered that he came to the cabin with this club in his hands and murdered the two of them. Adultery!” Marcus said loudly with one finger raised in the air to accentuate his point. Then he gave the jury an easy smile and said softly. “A pretty compelling motive for murder. But let's look at the motive as it relates to the facts, shall we?”
Once again the jury acknowledged him, giving their consent to proceed.
“You have heard testimony that on the night preceding the murders, that Roland Ferguson attended a reception hosted by the Atlanta business community. He arrived sometime around 9:00 pm and he remained there until sometime after 11:00 pm. He was seen by and spoke with countless people, most notably the mayor. Witnesses have offered, both in testimony offered in these proceedings and in sworn affidavits that Roland Ferguson was in good spirits throughout the evening. That he didn't appear to be distressed or anguished or apprehensive. When asked where Mrs. Ferguson was that evening, he replied on more than one occasion that Desireé was out with a business associate of theirs, a Rasheed Damali. So it is a fact that Roland Ferguson knew of his wife's association with Mr. Damali, but did not appear to be distressed by that knowledge.
“Now, after Roland Ferguson left the reception he stopped for gas. Information from the store and his credit card company, supports that Roland Ferguson paid for his purchase at 11:22 pm. Mr. Ferguson said in his statement to the police at their first interview, which in fact, he volunteered to participate in without the benefit of counsel, that he arrived home at 11:40 pm. When the detectives asked him how he could be sure of the time, he responded that he was sure of the time because he noted that he was home before midnight, which is rare after attending one of these gatherings. After which he had a Brandy and went to his study to call his assistant, Connie Talbert's voice mail to make some observations about the evening and to make recommendations as to several courses of action based on those observances. The tape of that conversation and the transcript has been entered into evidence and was heard by this panel. Telephone records support the fact that the call was placed at 11:54 pm. and concluded at 12:21 am. After which he went to bed. Now, according to the prosecution’s theory, at sometime immediately following this point, Roland Ferguson got in his car and made the 127 mile drive from his home to the cabin in Hiawassee to commit this crime of passion.
“Ladies and gentlemen, there are two questions that we must ask ourselves. One, how did he find out where they were? Did Mrs. Ferguson call and say hi, honey, I'm at Laurel Mountain Cabins in Hiawassee with Rasheed Damali? Telephone records that have been entered into evidence prove that no calls, incoming, or outgoing were made or received at the Ferguson residence or the cabin. Cell phone, maybe? Maybe someone called his cell phone? But the phone records don't support that either. Maybe he checked his messages at home and one of those messages delivered the information about their whereabouts? No. The police obtained in their search of the premises, the message, and found nothing to support that. But, the theory asks you to accept that he knew where they were and drove 127 miles to the cabin to commit murder. To make it to the cabin at the time the murders were committed, Mr. Ferguson would have to drive at speeds in excess of one hundred miles an hour. You heard the testimony of Officer Dunn of the Towns County Sheriff Office that he was on duty, parked
on Georgia State highway 76, the only road leading to the cabin. He offered, in his colorful testimony, that if any car came through there speeding that he would have given them a ticket. Which he didn't. So the second question is, once he had that knowledge, how did he get there so quickly? The logical answer is; he couldn't.”
Marcus returned to the defense table to give the jury an opportunity to think about the questions he posed. He poured a glass of water and drank half, before returning to the jury box.
“Let's go to the murder scene. Mr. Damali and Mrs. Ferguson were in the cabin. Mrs. Ferguson was in the Jacuzzi and Mr. Damali had at some point prior to the murder removed his clothes. He was naked! It is the assertion of the prosecution that Roland Ferguson entered the cabin, killed Mr. Damali, and then his wife. How did he get in? There was no sign of forced entry. Did he have a key? No sign that a struggle occurred at the door. So how did he get in? Did Mr. Damali let him in? Now ask yourselves this question, if you're in a cabin in the mountains with somebody's spouse, I don't care how well you know him, are you going to let him in? I know that I'm not. And even if I were going to let him in, I would think that I would put some clothes on before opening the door. But since the facts show no indication of forced entry, that's exactly what the prosecution would have you believe. That a naked Mr. Damali let Mr. Ferguson in the cabin, while Mrs. Ferguson is naked in the hot tub. The Police report states that the body of Mr. Damali was found eight feet from the door and in clear view of the Jacuzzi. So based on that fact, it is safe to assume that Mr. Damali unlocked the door, let Roland Ferguson in and took three or four steps before he was attacked.”
Once again Marcus picked up the murder weapon and walked back to the jury box.
“While the attack is going on, Mrs. Ferguson is watching while her husband hits Mr. Damali nineteen times.” Marcus began swinging the golf club nineteen times.
Assistant District Attorney, Ms. Izella Hawkins looked at Marcus in horror swinging the club wildly as he walked to the jury box. She looked at the jury's reaction. She sprung to her feet.
“Objection your honor!”
“Sustained. Mr. Douglas there is no room in this court for that type of theatrics.”
“My apologies your honor.” Marcus looked at the jury and smiled; he accomplished his point. “And my apologies to you, ladies and gentlemen. However it was necessary to demonstrate how long it would take to beat somebody nineteen times. It took a little less than thirty seconds. And that is only if Mr. Damali's attacker didn't stop. Now, Mrs. Ferguson was watching this and was so petrified by what she was seeing to move. The attacker moves toward her and fifteen hits later she is dead too. The attacker then drops the murder weapon and leaves the murder scene. The bodies are discovered that same morning about 11:00 am by housekeeping who testified that the door was locked and she entered, after knocking of course, with her key.
“Now after Roland Ferguson committed this crime of passion, he is careful to lock the door on his way out, goes home, and gets in bed. End of theory, blended with fact. The murder weapon was left at the scene. Police inventory of the golf clubs found both in Roland Ferguson’s home and at the country club where he is a member indicate that the murder weapon was not a part of either of those sets.” Marcus started to walk away from the jury but turned around quickly. “By the way, in case you were wondering, the police checked with the club staff and no one reported a missing nine iron.”
Marcus turned away from the jury and was handed a piece of paper by Tiffanie Powers, one of the lawyers at his firm. He stood before the prosecutions table. For the first time he addressed the jury from a different spot. He wanted the jury to be looking at the prosecution before he continued.