Closing Arguments
Members of the jury, lets face the truth. The truth is the defendant has a very short temper, a temper that Jude Smith set off quite often. The two men obviously did not get along, despite their partnership in the shrimping business for a number of years.
Jude Smith was a businessman, plain and simple. He did not feel it necessary to let the defendants petty disagreements with him get in the way of running his show. "That's business." was his outlook.
The defendant, on the other hand, had a hard time dealing with the "business". He was often times outdone by the victim, Mr. Smith, and this caused much of his distress.
The night before the murder, Jude and Sam had engaged in an argument that led to a fight. Jude had given the defendant a chance to win the Jodocus back in a hand of poker and when he lost the hand he couldn't handle it. As usual, his temper flared.
In the testimony of Salty Morton, he speaks of running into Sam on his way into the bar. He states that, in a fury, Sam knocked him down on his way out and muttered that Jude's time was coming and that he would pay.
The morning of the murder, Sam stated that he pleaded with Jude to take the boat out shrimping with him. Even though the two men were on terrible terms, the defendant "begged" Jude to go shrimping with him. Jude agreed to this readily, as long as they split their catch. In other words, Jude was being a business man.
The defendant led the boat out of the way of the other shrimpers, diliberately as he states in his own testimony. Was he after a good catch with just two men on the boat to haul in the load, or were his intentions a bit more jaded? Could malice aforethought been involved in the murder of Jude Smith? The evidence clearly shows that the defendant's hate had grew so strong that he had finally had all he could handle and took action.
In the testimony of Kelly Swanson, the harbormaster of Campbell Shores, she states that she received a mayday call from a boat that she is almost positive was the Jodocus. In the midst of the call she remembers hearing someone beg for their life. Being as familiar with the voice of the defendant as well as the victim, Mr. Smith, she quite positive that this person was Jude Smith. In the testimony of the defendant, he states that it was himself begging for his own life and that the radio transmission cord had been cut before this occurred. How did Kelly Swanson hear anyone begging for their life if the cord to the radio was cut? What exactly is the defendant trying to hide?
When the defendant was questioned by Chief Marty Brody, he appeared to be in capable mental condition in that he seemed conversational, anxious to discuss the events that took place on the Jodocus, and very attentive to any questions that were asked him. This does not sound like a mild case of shock. Infact it doesn't sound like shock at all.
Chief Brody ran an autopsy on Jude Smith's body. He notably found three stab wounds in the upper chest left of the midline. Two of them were seemingly superficial. The other wound was noted as having been made by a serrated knife with a jagged edge, much like the knife owned by the defendant with which he was rarely seen without.
Chief Brody also stated that while there were no major organs punctured the left lung was nicked. Dr. Randy Gorsuch testified that this "nick" of sorts could have had incredible debilitating effects of Jude's stamina, swimming ability, and certainly on his ability to be able to breathe efficiently. And while Chief Brody could not determine the exact cause of death, she did rule the case a definite homicide, and she states that she could not exclude the stab wound in the cause of death.
Dr. Gorsuch signed the death certificate of Jude Smith and had a chance to briefly examine the body. He noted that the position of the stab wound directly correlated with self-defense. His rule of thumb being that a right-handed person stabbing their opponent on the left side, at an upward angle, signifies self-defense. First of all, with all do respect, Dr. Gorsuch is not specifically educated in the field of investigation. Secondly, this "rule" of self-defense can in no way apply to every case, especially in a case with two men scuffling on a boat, in the sea, amidst a storm. It would be hard to maintain balance much less calculate where on a man’s body to stab in self-defense.
Chief Brody went back to question the defendant after the autopsy was complete. This time he wasn't as open to questioning as he was before. He suspiciously states that he had already said he wanted to say. He became defensive as the conversation turned into interrogation and Chief Brody read him his Miranda Rights. When the defendant was told that Jude’s body was found, he refused further questioning and requested a lawyer.
The defendant is being charged with murder in that he caused the death of Jude Smith with malice aforethought. He planned to take the life of Jude Smith and succeeded in hurting him bad enough to debilitate his survival skills amidst the sea. The defendant is charged with two counts of possession of a knife. The knife used to murder Jude Smith matches the knife that is owned by the defendant. The defendant is also charged with felony murder in that he caused the death of Jude Smith with the knife that he owned and had in his possession. The prosecution has proved their case beyond a reasonable doubt and we ask that you find the defendant guilty of all charges.