Page 31 (1/2)

Closing Arguments

“Mr Douglas, are you ready to proceed?”

Marcus stood up and glanced at the jury “Yes, your honor,” he said and walked slowly over to the jury box “Good , Ladies and Gentleman” Marcus paused briefly as his eyes scanned the jurors “Well, here we are It's been a long road we've traveled together”

Throughout the trial Marcus had worked hard to develop a relationship with the jury During his opening arguments he promised to act as their advocate He assured them that he would ask the questions they wanted answers to Whenever Marcus questioned a witness, he always stood in front of the jury box When a prosecution witness said so to his client, he would casually glance at the jury Sometimes he would smile, other times he would just shake his head This tactic proved most effective So effective that when certain ht was questionable, they would look in Marcus' direction, see his approval as to whether they should believe it or not

“When we first met I told you that the prosecution would present you with a strong arguuilty of the uson and Rasheed Damali The prosecution proentlemen, the facts in this case And that once presented with those facts you will find Roland Ferguson guilty of these two brutal murders However, I also made you a promise I promised each of you that their presentation would consist not only of the facts of this case, but it will be mixed with theory A theory of how and why those events took place in order to lead you, ladies and gentleuson had the motive and the opportunity to commit this horrible crime A theory that will be presented in such a manner that the facts of this case will support the prosecutions assertions However, it is a theory all the saanized set of assumptions devised to explain a particular event or phenomenon So let's talk about the facts in this case and then we'll talk about theory Okay?” he said and each ed him He had them and he knew it

“It is a fact that on Friday, December 2nd, at 6:30 pm, Mr Damali checked into a cabin at Laurel Mountain Cabins in Hiawassee, Georgia This fact is supported by records provided by Laurel Mountain Cabins We know that Mrs Ferguson arrived at the cabin occupied by Mr Damali at approximately 8:00 pm This fact is supported by testimony provided by William Anderson, who occupied the cabin next to the one occupied by Mr Damali He testified that he arrived at his cabin around seven thirty and there was a Black corvette, belonging to Mr Damali, parked outside the cabin However, at 8:15 when he returned to the car to get so to Mrs Ferguson was now parked next to the corvette These are facts The Coroner has established the time of death to have occurred so Now this is where the theory begins It is the contention of the prosecution that Roland Ferguson entered the cabin and attacked Mr Damali”

Marcus walked to the evidence table and picked up thehiolf club,” he said as he walked slowly back toward the jury, swinging the golf club in a chopping motion “Nineteen times, until he was dead After which he turned to his wife, as in the Jacuzzi, and hit her fifteen times, with this club Theory! An assumption devised to fit the facts The body of Mr Daht feet frouson's body was indeed found beaten to death in the Jacuzzi At the heart of the theory is Roland Ferguson'sto this set of assuentleuson found out that his as having an affair with Mr Damali And once this was discovered that he came to the cabin with this club in his hands and murdered the two of theer raised in the air to accentuate his point Then he gave the jury an easy s motive for murder But let's look at the motive as it relates to the facts, shall we?”

Once again the jury acknowledged hi their consent to proceed

“You have heard testiuson attended a reception hosted by the Atlanta business community He arrived sometime around 9:00 pm and he remained there until sometime after 11:00 pm He was seen by and spoke with countless people, most notably the mayor Witnesses have offered, both in testis and in sworn affidavits that Roland Ferguson was in good spirits throughout the evening That he didn't appear to be distressed or anguished or apprehensive When asked where Mrs Ferguson was that evening, he replied on more than one occasion that Desireé was out with a business associate of theirs, a Rasheed Dauson knew of his wife's association with Mr Dae

“Now, after Roland Ferguson left the reception he stopped for gas Information from the store and his credit card couson paid for his purchase at 11:22 puson said in his statement to the police at their first interviehich in fact, he volunteered to participate in without the benefit of counsel, that he arrived home at 11:40 pm When the detectives asked him how he could be sure of the time, he responded that he was sure of the tiht, which is rare after attending one of these gatherings After which he had a Brandy and went to his study to call his assistant, Connie Talbert's voiceand to make recommendations as to several courses of action based on those observances The tape of that conversation and the transcript has been entered into evidence and was heard by this panel Telephone records support the fact that the call was placed at 11:54 pm and concluded at 12:21 a to the prosecution’s theory, at soot in his car and made the 127 mile drive from his home to the cabin in Hiawassee to commit this crime of passion

“Ladies and gentlemen, there are two questions that we must ask ourselves One, how did he find out where they were? Did Mrs Ferguson call and say hi, honey, I'm at Laurel Mountain Cabins in Hiawassee with Rasheed Damali? Telephone records that have been entered into evidence prove that no calls, incouson residence or the cabin Cell phone, maybe? Maybe someone called his cell phone? But the phone records don't support that either Maybe he checked his es delivered the information about their whereabouts? No The police obtained in their search of the pre to support that But, the theory asks you to accept that he knehere they were and drove 127 miles to the cabin to commit murder To make it to the cabin at the tiuson would have to drive at speeds in excess of one hundred miles an hour You heard the testimony of Officer Dunn of the Towns County Sheriff Office that he was on duty, parked