In closing arguments this morning at the Tamir Hamilton murder trial the defense accused the victm, Holly Quick of having consensual sex with the suspect Tamir Hamilton. Upsetting Quick's family members and with no testimony presented in court Richard Davies said never the less, there was reasonable doubt Tamir Hamilton sexually assaulted Holly Quick.
"I hope you will forgive me for suggesting a 16 year old young woman is inclined to have someone in her bedroom. When her mother doesn't know about it. But we have to look at the facts."
Davies also tried to convince the jury his client was not in his right mind the night of Holly Quick's murder.
"You'd have to be out of your mind to do this to your friend."
Davies says Tamir Hamilton is a paranoid schizophrenic--and based on testimony by clinical psychologist David Schmidt, not everyone would notice. Davies accused Hamilton's friends of using drugs with him--he concluded they wouldn't be able to recognize the subtle signs of Hamilton's disease. As far as having a stable job Davies said Hamilton worked for a temp agency, and didn't really have secure relationships within his circle of friends. Those are other indications of his mental illness.
Luke Prengaman, the prosecutor in this case spelled out to the jury what they need to look for.
" Its not enough to be delusional, its not enough to be paranoid, you've got to be justified."
Prosecutor Luke Prengaman said Hamilton could have had a psychotic break on the night of the murder, but that doesn't mean Hamilton is legally insane. Even the defense's clinical psychologist Prengaman said could not testify to that. As far as consensual sex between the victim and the suspect, Prengaman told the jury that's a ploy by the defense in an effort to save their client.
" No one is going to buy a delusion where you have to rape and murder someone, so some how you have to knock out the rape."
Closing arguments were halted for a time when Defense Attorney Richard Davies told the jury there was a bag of Hamilton's bloody clothes but the jury never got to see it. He asked the jury to ask themselves why.
There was an objection by the prosecution, the jury was sent out of the courtroom.
Davies comments violated jury instructions.
Judge Connie Steinheimer accused Davies of misconduct and said his comments were improper.
The objection was sustained once the jury returned, and Davies completed his closing arguements.