BY CROW:

Ladies and gentlemen of the jury, your Honor, Mr. Fogleman, Mr. Davis. I want to thank y'all too for your patience and your willing to serving on this jury, it's been a hard two weeks -- for all of us. I would thank y'all very much for your willingness to serve, and to pay attention, and to be here. Without y'all this process would not have been possible. Obviously from your findings, you have found that Jessie was at the scene. When you go back to that jury room, I would ask you just to consider a few things.

First, please consider what Jessie said in his statement. Please consider what he said he did and what he said he didn't do. Please consider all the circumstances.

I'll also ask you to consider the age of Jessie. The prosecutor talks about him being eighteen, he is eighteen. He was seventeen when the crime was committed, now he's eighteen. I also ask you to consider not only his physical age, but his mental abilities. We've heard testimony that Je-Jessie reasons in around a six to eight-year-old, uh, he certainly can function in society to some extent, but he does have a certainly some, some type of, of mental deficiency. I ask you, you know, chronological age doesn't always tell the whole story ladies and gentlemen, I think each of you know that.

I also ask you to consider his family background. We have mental health, you've heard bits and pieces of his family background, came out through some of the, some of the expert witnesses and testimony, uh, uh, his mother and his father, he was raised by his father and his step-mother uh, uh, some of the, some of the other family history he has. I ask you please consider those factors, too.

Most importantly though, ladies and gentlemen, I want you to consider what was Jessie's intent. You've taken to believe his statement, and I would please ask you to consider Jessie's intent -- read the statement again. Consider what he, himself, intended. That he, himself, intended as opposed to what an accomplice intended or -- I ask you just to read and consider those elements.

As Mr. Davis pointed out, there's a range of punishments. The State of Arkansas has decided that when you have a person who has committed the offenses that you have found that Jessie committed, it is possible to impose, for murder in the first degree, range of punishment is ten to forty or life. I would please ask you to consider all the range. I'm not gonna stand up here and tell you it should be one, or should be the other, or should be anything. But I am gonna ask you to please consider all the ranges.

Murder in the second degree, ladies and gentlemen, as Mr. Davis pointed out, the range of punishment is five to twenty and there's also, of course, the fine. I would ask you to consider the full range of punishment. When you're considering those things again, think back for a second. Think about what Jessie did, and what he didn't do. To go in, and not pay attention to that such details, uh again um, it's a difficult situation for us all, it's been a hard two weeks.

Please review the statement again, review what you've heard, consider what did and didn't happen, consider what Jessie did and what he didn't do. I will trust you to come back with the proper verdict.

Thank you.



THE COURT: No? Okay. It should have been, but I didn't, I don't remember giving it.

FOGLEMAN: Ladies and gentlemen --

THE COURT: Approach the bench.

(INAUDIBLE MUMBLING AND WHISPERING)

THE COURT: (INAUDIBLE) they're gonna have to consider the facts (INAUDIBLE). This should have been read initially. I didn't realize I hadn't done it. If you're objecting to it, then I won't give it.

(MUMBLE)

THE COURT: Alright.

FOGLEMAN BEGINS