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John Murtha — Part 28
Page 119
119 / 137
jury to see the videotape of Myers in January, 1980: as
evidence of his state of mind in August, 1979.
The court has carefully considered all of the
arguments advanced by the Myers defendants and concludes i
that none of them alone, nor all of them together, constitute —
sufficient basis for either a judgment of acquittal or
a new trial with respect to any of the four defendants.
A few comments about. some of these contentions are appropri-
ate.
7 ee
The complaints about the prosecutor's closing
argument ring hollow in the context of this case. Given |
Myers' surprising defense, that he was "play acting", the
defense dramatically placed into contrast Myers’ demeanor -
in his appearances with the undercover agents before the
TV cameras and his appearance on the witness stand. before
the jury. Under these circumstances the prosecutor's
comments about "incredible" and "Alice in Wonderland" consti-!
tuted no more than fair comment and argument about. the _
evidence. The prosecutor's argument was fair, even restrain-
ed when contrasted with the summations of defense counsel.
Nothing in the prosecutor's summation could fairly be inter-
preted to have implied that he had additional information
about the case beyond what was presented in the courtroom.
Indeed, his plea to the jury was. to decide the case precisely
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