Home | THE MURDER OF NEIL MAXWELL - THE REAL STORY | CHAPTER 20 | CHAPTER 19 | CHAPTER 18 | CHAPTER 17 | CHAPTER 16 | CHAPTER 15 | CHAPTER 14 | CRIME SCENE SKETCH - VEHICLE REPORT - CRIME RECORD | CHAPTER 13 | CHAPTER 12 | CHAPTER 11 | CHAPTER 10 | CHAPTER 9 | CHAPTER 8 | CHAPTER 7 | CHAPTER 6 | CHAPTER 5 | CHAPTER 4 | CHAPTER 3 | CHAPTER 2 | CHAPTER 1 | NEIL MAXWELL MEMORIAL SOFTBALL TOURNAMENT | WHO MURDERED NEIL MAXWELL? | CIVIL TRIAL RESULTS | THE CRIMINAL TRIAL RESULTS | A POEM WRITTEN SHORTLY AFTER NEIL WAS MURDERED | NEIL ON THE HARLEY | NEIL ENJOYING A BREW | NEIL IN THOUGHT | PHOTO ALBUM
CHAPTER 20

CHAPTER 20 THE JURY AND THE VERDICT

Put yourself in the place of the jury. Your are listening to the closing arguments. The following is from the closing argument of the defendant's attorney, Mr. Mitchell. "Deanna Dean is the one who came up and she left with Amy Marrill. They went to get breakfast. They're the ones that came back. The State told you it was 2:30. You recall her testimony? She wasn't sure. She wasn't certain. It may have been 2:56. That's when the EMT's were called, 2;56 ladies and gentlemen. Look at the coroner's report. It's in evidence. All these things that are in evidence, they don't want you to look at those. That's their documents. Ran from here, didn't see anybody, didn't even see Mr. Maxwell, got in the truck with the person that they want to say is the killer and rode to his house.  Now, truly what happens after that has very little, if any, bearing on this case because the only thing that matters is what happened here, and we know form the testimony that the van was between the Roadhouse and the dumpster when Vickie Brown left. And when Vickie Brown left, ladies and gentlemen, she left with Mr. Brooks. And when they left, they went to his house. They weren't at the Roadhouse. Now, there's also been testified to and you can look at the diagram, this is Neil Maxwell's truck. Neil Maxwell was over here. Says it's 105 feet from here to here. 35 yards. And then however far, no diagram to tell us how far but--" MR. AHSENS: I'm going to object to that. It's been stated that is not to scale, Your Honor." THE COURT: "The jury will remember the evidence." MR. MITCHELL: "The whole thing is not to scale, that's true, but it's 105 feet from there to there. How far is it from here to here? Look at Defendant's Exhibit A (indicating an exhibit). Just look at it. There's a nice distance. There are six parking blocks. Imagine six car lengths with room to open the doors, several feet. And so we know that it's more that 35 yards  from here to here. And we know that if you're backed in here and your truck's here, Mr. Maxwell could have very well after Ms. Brown ran off with Mr. Brooks, he could have said, "Hell with this. I'm going home." Driven over to get his truck. Uh-oh. Something's happening. Backed up or maybe this is on route, and was shot. He's shot in the left side. He may have been shot while he was in the vehicle after it moved from here to here. He may have been shot there, but he sure wasn't shot right there, not where the van was. Not when Ms. Brown left with Mr. Brooks. They all put the van there, ladies and gentlemen, when they come out. You'll recall the testimony. Nobody moved this van. Not after the crime scene. Not after Mr. Maxwell was found dead. No, nobody did."

The jury went into the deliberation of a first degree murder trial after less than two actual days of testimony. The following is a quote from the trial transcript. "(The jury resumed their deliberation, and at 10:52 a.m. on the same day, the jury indicated they wished to submit a question to the Court, and the following proceedings were had:) BAILIFF STOTLER: "Got another question and they're also wanting the easel to set the big thing on. THE COURT: "All right. In the meantime, the jury has come out with another question which reads as follows: Mark this at 10:46 "Can we get transcripts of Tuesday through today?" (At this time, an off the record discussion was had.) THE COURT: "I would request response from the State, first of all." MR. AHSENS: "I think my response would be there is no transcript available. You must be guided in your deliberations by the facts as you remember them." MR. MITCHELL: "I agree with that." THE COURT: "All right. My response is as follows: "The trial transcript is not available. Please be guided by your recollection of the evidence." And I'll send that back in with the bailiff at this time."  So the jury, not being able to take notes during the trial and without the transcript of the trial had to decide the outcome of this very twisted tale. The verdict was 'not guilty'.