"Ladies and Gentlemen," Gil stood facing the twelve jurors, "the prosecutor has just spent over an hour telling you why he wants you to agree to kill Jeff Sanger. He wants you to vote to kill that man,” Gil pointed at his client, “who was not present during the shooting, for the death of a person he could not possibly have known was there. Even if you accept everything the prosecutor tells you as true, the only deaths Jeff could be responsible for were those of the rapists and the deputies. You’ve already told the prosecutor that you don’t agree with him on those charges.”
“Even if you accept everything the prosecutor tells you as true, neither the attorney nor the priest were people Jeff wanted dead, meant to kill, or even knew would be in that alley. The government tells you that two other people made the decision made the choice to start shooting even though there were people in the alley who were not supposed to be there.”
“Even if you accept everything the prosecution tells you is true, the two men who actually killed everyone could have left. The government’s evidence told you that on a previous occasion, when another person was with Robert Ross, they walked away from an attempt to kill him. Therefore, even were you to believe every bit of evidence which the prosecutor has told you, you know that it was the choice of the two men who actually killed Father Pahl and Keith Tolliver to do so - not the choice of Jeff Sanger.”
“No knowledge of their presence. No intent to kill them. No participation in the shooting. No part of the decision to shoot. You may agree with the prosecutor that Jeff is responsible for these deaths. However, allowing the government to kill him for choices he did not make - choices he could not make - is far beyond holding someone responsible. It moves into the realm of vengeance. It is in the realm of ten drops of their blood for every single drop of ours.”
“Vengeance is God’s role. Justice is what we seek in this venue. In that spirit, we ask that you return a just sentence. A sentence which reflects the facts which the government has shown, not the vengeance the prosecutor is trying to force upon us all.”
“That man,” Brad pointed at Jeff Sanger, “Arranged for the murder of everyone in that alley. Not only did he set it up, he did it in the most in-your-face way that he could. He had his men ambush them in the alley between the courthouse and the Sheriff’s Department. He had them do it in broad daylight when it would be almost unimaginable that no one else would be in the line of fire. People walked down that alley to the parking lot. People walked on the sidewalk on the other side of the alley. People went into that alley to smoke because it wasn’t allowed in the courthouse or sheriff’s office. He knew an innocent person would probably be in that alley. And he sent his assassins anyway.”
“Why? Because he wanted Bo Ross killed. He wanted Bo out of the way because Bo is honest and competent. He wanted Bo out of the way because Bo was going to be the next sheriff. Jeff Sanger wanted to be the next sheriff and he wanted to protect his criminal activities. He was willing to kill anyone in that alley to get Bo.”
“We all know who died in that alley. On any other day it might have been a clerk from the court taking a smoke break or a 9-1-1 operator walking back to her car or someone passing by the front of the alley on his way to the Food Time on his way to buy groceries. But this time the innocent people in that alley were a lawyer and a man of God.”
“Father Theodore “Ted” Pahl was standing in that alley wearing a black shirt with a white collar tab. There was no way they didn’t realize he was a priest - a man who dedicated his life to God. And yet, they were so dedicated to Sanger - and scared of him - that they opened fire and tried to kill everyone in the alley. They even went so far as to blow up the big propane tank that was in the alley to make sure everyone got killed.”
“Jeff Sanger sent his men to kill everyone they found and they killed a bunch of people - two of whom were entirely innocent: Keith Tolliver and Father Pahl. You don't get to kill everyone who was there and then claim that you shouldn't get the appropriate punishment because you didn't know the exact person who would be there."
“There’s an old legal parable which is repeated a lot because it’s true. In it a man kills his parents. After he is found guilty of killing them his attorney argues that the man should get a lenient sentence because he’s an orphan. Every attorney in the world has heard that story a hundred times, because it shows something we all know to be true. A defendant, through his attorney, will argue anything to avoid the punishment he should get. In this case the argument is ‘I planned to kill a bunch of people in an alleyway, but I shouldn’t be held responsible for killing some good people who were there because I didn’t exactly know which good people might be there.’”
“Well, there were good people there. A gentleman who dedicated his life to the law and his family. A priest who dedicated his life to God and his church. He deserves the maximum punishment you can give him for each murder.”
“Punish him for what he did. Give him the maximum because we cannot do anything more. Life in prison is a pale substitute for the life he has taken from Keith Tolliver, but that is all I can ask you to do to try and balance those particular scales. Holding him responsible for killing a priest, a man of God, a man who did no wrong and spent his life trying to save others and serve others requires a heavier weight to balance the scales. We should never ask for the death penalty lightly, but sometimes even it is not enough to balance the scales. We cannot bring the good of a godly man back all we can do is ask you to hold the man who killed him responsible. The scales will never be brought back to actual balance, but we mortal souls can only do so much. And we ask you do what you can to bring the scales as close to balance as we can. Give him the death penalty he has earned for himself."