Closing Arguments started following jury instructions and lasted the better part of the morning. First up, Assistant DA Andrew Maier argued that he had proven his case that Randy Ashauer was drunk on April 1, 2007 when he struck Tiffany Pohl and her friend, Kayla Lamers.
"He can't tell you sitting in the jury box that he was drunk. What kind of arrogance is that?"
Ashauer’s attorney Mary Lou Robinson didn’t take to kindly too that in her closing.
“When the prosecutor called him arrogant, actually, but for a courtroom, I wanted to slap him. Because, there's not an arrogant bone in Randall Ashauer's body," Robinson stated. Robinson also restated much of the testimony in her case, citing the poor lighting conditions that night and the dark clothing worn by Tiffany and Kayla that night. Robinson made her case for the affirmative defense. She has a burden of proof, but it’s not beyond a reasonable doubt – it’s more like 51%.
Basically, Robinson has to convince the jury that this accident would have happened, even if Ashauer had been sober. Robinson said the jury must acquit Ashauer,because he’s not guilty.
In his rebuttal argument, Maier said it’s possible Ashauer isn’t arrogant, but he said it was arrogant of him to come into court and testify that he wasn’t drunk. Maier also took a swipe at Ashauer’s lifestyle, calling it “comfortable.” Maier said, “it must be nice to spend you days in supper clubs, and go out a couple of nights a week.” He also stated that he had proven his case, and that Ashauer was guilty.
The jury started deliberating around 11:30 a.m. It’s now 7:00 p.m.
