Defense Begins Closing Arguments

Defense Attorney Rebecca Wittman begins her closing arguments as virtually every attorney does: by thanking the jury for their attention. She tells them the toughest work is yet ahead. She says the key to this trial can be summed up in two to three pieces of evidence. She talks about the prosecution's 'cavalcade of jailhouse witnesses' and the videotape of the 'interrogation of Wesley'. She says the prosecution depends on the fact that Sammy Rivera is telling the truth, that he was the driver of the Neon, and that he was alone in the car with the baby. She says if Rivera isn't the driver, the whole case crumbles.

She tells the jury to try and find, in the hours of police interrogation of the defendant, any admission that he killed Officer Lindsey. She tells them they won't find that, but what they will find are countless denials. She reminds them that our system depends on a witness telling the truth, and asks the jury if they got that from Sammy Rivera. She urges the jury to ask to hear Sammy Rivera's testimony again.

Defense attorney Wittman says the baby in the car is Sammy Rivera's undoing. She talks about everything Sammy Rivera did the night Officer Lindsey was killed. She recounts Sammy's claim to have seen defendant Wesley Molina Cirino ("Flaco") getting into a black Monte Carlo at a cornhill store the night Officer Lindsey was killed. Wittman calls Sammy Rivera a 'very responsible drug dealer'....and talks about how he brought his girlfriend's small son along as he conducted drug transactions the night of April 12th, 2007....an effort to diminish Rivera's credibility in the eyes of the jury as they prepare to weigh the credibility of his testimony. Wittman recounts the events of that night and tells jurors if they look at testimony and call logs, they'll see there are about 17 minutes that are unaccounted for from Sammy's last errand, to the time he rolled through the stop sign for which Officer Lindsey pulled him over.

Defense attorney Wittman is reading parts of Sammy Rivera's testimony back to the jury, along with the questions the attorneys were asking him. She says Sammy Rivera's story really starts to fall apart when he gets to the part where Officer Lindsey pulls him over. She says it doesn't make sense that Rivera willingly tells the officer he doesn't have a license. She says Sammy's claim that he got out of his car when the officer pulled him over in order to fix the baby in the car seat (Sammy had claimed the child was fast asleep) is not believable. "Ladies and gentlemen, come on--common sense and experience tell us you don't do this" she adds that if you're an 80-year-old lady in Clinton you don't do this, much less if you're a drug dealer in cornhill.

Defense attorney Wittman finds in incredible that the officer didn't tell Rivera to get back in his car. Wittman recounts testimony of a Utica Police officer who drove by Officer Lindsey and Sammy Rivera after the officer had pulled him over and who, shortly after, could not identify Rivera as the driver of the car Officer Lindsey had pulled over. Wittman is now reading that officer's testimony, complete with attorneys' questions, to the jury. Wittman talks about how badly the officer must feel that he can't identify Rivera and then says, 'guess what??? He's got some company.' Wittman says Sammy Rivera seems to be the only person who thinks Sammy Rivera was the driver of the car. Sammy said officer Lindsey was cutting him a break because he had his son in his car. He was going to let him off for paying an old fine. When Rivera thanked him he claims Officer Lindsey said he was doing it for the baby-because it was a cold and rainy night. Wittman questions the credibility of the officer letting Rivera drive without a license (Rivera claims he told Officer Lindsey he didn't have a license).

Defense attorney Rebecca Wittman is devoting the bulk of her closing arguments to shooting holes through the testimony of prosecution star witness Sammy Rivera. Wittman picks up a gun to gesture that Sammy Rivera claims he was looking down the barrell of a gun after Wesley Molina Cirino shot Officer Lindsey. She asks the jury if they believe for a minute that, if they had a gun pointed in their face, they'd have the wherewithall to notice the long, skinny fingers holding it, as Rivera did. She questions whether a sleeping baby in the backseat would be enough to stop a man who'd just shot and killed a police officer from shooting Rivera--an eyewitness--too.

Attorney Wittman now says it makes no sense that, after witnessing the shooting, Rivera goes to get his girlfriend, crying hysterically, yet doesn't say that defendant "Flaco" did it. Wittman is still reading Rivera's testimony to the jury. Can't help but wonder if the jury will ask to hear it again during their deliberations since Wittman is reading so much of it to them during her closing arguments. Wittman says Sammy Rivera has some 'splaining' to do in light of the fact that he had Officer Lindsey's blood and brain matter on his car. She said he went down to the police station, ...'got a beating'.

Wittman points out that on April 12th or 13th, Rivera doesn't mention Wesley Molina Cirino. Says Rivera doesn't mention it till April 21st, when he 'has a revelation.' Wittman suggests it isn't credible that Rivera would wait so long to tell police who he saw shoot Officer Lindsey. "What other story does Sammy have trouble sticking to?" asks defense attorney Wittman. She is now back to reading his trial testimony to the jury. Wittman now says police want to believe Sammy Rivera because their friend and colleague is dead and Rivera's account of what happened is the best they've got. She talks about how painful it was to watch the officers on the witness stand, breaking down and crying, but points out that it tells you something about their objectivity. Wittman tells the jury it's not up to them to solve the case, but to decide it based on the evidence they've heard. Tells the jury you can't look at Rivera's testimony in a vaccuum; says they have to consider fact that he didn't reveal that it was Wesley Molina Cirino who shot Officer Lindsey until several days after the shooting. Wittman suggests Rivera gave 'wildly diverging accounts' about what happened the night Officer Lindsey was killed. Says if the jury is left wondering what happened that night, isn't that reasonable doubt?

Wittman asks jurors how Molina Cirino pulled this off without knowing in advance that Officer Lindsey would be at that intersection at that time. Asks how he knew to be there without Sammy Rivera's assistance? Wittman points out that defendant "Flaco" didn't even leave town after the murder, but sticks around Utica. Asks if defendant's actions after Officer Lindsey's murder are actions of a man with a guilty conscience. Asks why he'd be walking around the streets of cornhill while hundreds of police are looking for Officer Lindsey's killer.


Wittman tells jurors that she and defendant don't have a courtroom full of men in blue to lend their support to them....that they have something more powerful-ladies and gentlemen of the jury....sworn to return a fair and impartial verdict...asks the jury: please don't make Wesley Molina Cirino a sacrificial lamb to avenge the untimely death of Officer Lindsey.... Wittman says either the people have met their burden or they have not. Wittman says being the best suspect they've got may be enough to convict Wesley Molina Cirino in a court of public opinion...but it's not enough once they enter the jury room. At 10:21 defense attorney Rebecca Wittman is finished with her closing arguments.