Closing arguments made in murder trial
The defense team from left: defendant Oscar Hernandez Diaz, defense interpreter Greta Payne, Assistant Defense Attorney Hailey Murdock and Defense Attorney Raymond Smith listen to Prosecuting Attorney Nicole Coil’s closing argument Tuesday afternoon. (Photo by Gretchen Dowler)
Defense Attorney Raymond Smith demonstrates the possibilities of the motion of the murder weapon hitting the victim during his closing argument to the jury Tuesday afternoon. (Photo by Gretchen Dowler)
Defense Attorney Raymond Smith presents his closing argument to the jury Tuesday afternoon during the seventh day of trial against Oscar Hernandez Diaz. (Photo by Gretchen Dowler)
Former Prosecuting Attorney James Scheider presents his closing argument to the jury Tuesday afternoon at the Washington County Common Pleas Court. (Photo by Gretchen Dowler)
The defense team from left: defendant Oscar Hernandez Diaz, defense interpreter Greta Payne, Assistant Defense Attorney Hailey Murdock and Defense Attorney Raymond Smith listen to Prosecuting Attorney Nicole Coil’s closing argument Tuesday afternoon. (Photo by Gretchen Dowler)
Defense Attorney Raymond Smith demonstrates the possibilities of the motion of the murder weapon hitting the victim during his closing argument to the jury Tuesday afternoon. (Photo by Gretchen Dowler)
Defense Attorney Raymond Smith presents his closing argument to the jury Tuesday afternoon during the seventh day of trial against Oscar Hernandez Diaz. (Photo by Gretchen Dowler)
Former Prosecuting Attorney James Scheider presents his closing argument to the jury Tuesday afternoon at the Washington County Common Pleas Court. (Photo by Gretchen Dowler)
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During the seventh day of the jury trial of the State of Ohio vs. Oscar Hernandez Diaz, accused of the murder of Abraham Olvera, closing arguments were made and the jury started its deliberation.
Before the prosecution and defense made their closing argumetns, the defense called two more witnesses to the stand.
Detective Allan Linscott, the defense's first witness of the day, was asked to recall what he heard within the interviews of the suspects and witnesses regarding the incident that occurred May 21, 2022.
Defense Attorney Raymond Smith asked Linscott about various exhibits of evidence, including photos of the Hernandez Diaz brothers, Axel Olvera and the crime scene. Smith also asked Linscott about the 14 items of DNA collected at the crime scene.
"I was not at the crime scene collecting evidence," said Linscott. "I was in charge of the interviews and I took the photographs of the Hernandez brothers and Axel Olvera."
Linscott confirmed that he did confiscate cell phones from the Hernandez Diaz brothers, Axel Olvera and Celso Olvera. His findings on the phones included that he could not get into Oscar or Axel's phones, but got into Isaac and Celso's phones. He concluded that he did not find anything on Celso's phone, and only found that Isaac walked a lot that night in May according to his walking app.
After a brief break, the defense called its last witness, Michael Knighten, who had been called to the stand previously in the trial. Smith asked Knighten to recall his testimony about the call he received from Isaac that night, what he saw when he arrived at the scene, and who he talked to.
"Axel kept saying 'my brother' and was using a stabbing motion," Knighten said. "I asked 'You see?' and he said 'Isaac and Oscar' and 'bedroom.'"
Once the defense and the prosecution released the last witness and both rested their cases, the two parties prepared and presented their closing arguments.
Former Prosecutor James Schneider thanked the jury "for serving their duty and paying attention to all the evidence that has been presented."
He then recounted what the charge was for the defendant and recalled the story and witness testimony.
"I ask that you find a just and proper verdict," said Scheider. "I ask that you find a guilty verdict of murder and the untimely death of Abraham Olvera."
Smith then made his closing argument and also recounted several witness testimonies and pieces of evidence.
"This (trial) is like a puzzle," he said. "The opening and closing statements are like the box and all the evidence and testimony are the puzzle pieces. Now we're asking you to put it all together."
Smith thanked the jury for listening to his closing statement and asked them to find Oscar Hernandez Diaz not guilty.
Prosecuting Attorney Nicole Coil also presented a closing argument for the end of the trial. Coil called conjecture on a majority of Smith's closing argument, reassuring the jury that "opening and closing statements are not evidence." She recalled her quotation of Romans 13:13 from her opening statement, and asked the jury to find Diaz "guilty beyond reasonable doubt."
The jury was then read the jury instructions for deliberation and jury form rules and proceeded to be discharged for deliberation. The jury then broke out of deliberation and will resume this morning at 9 a.m.