Johnston: You can watch this whole video and you won't see Mitchell going past again. At 9:42 p.m. Stickley was north of Road Ranger, according to GPS. Mitchell passes by her cab at 8:43 p.m. Why would he need to go to Oakland Gardens for crack when he knew he could get it from Owens, a few blocks away.
Johnston: At 9:21 p.m. Stickley leaves Road Ranger, remember she got a call to go to Hy-Vee to pick up fare.
Johnston is showing person on video that he says is Mitchell and showing clothing again.
Johnston: At 9:31 p.m. Stickley passes Rolston plant. Why is this important? She was involved in something whether she knew it or not and was hiding her path. Instead of going to the strip club, she goes the opposite way.
Johnston: Stickley is parked at Oakland Gardens and then at 9:42 p.m. she's back down at Road Ranger. This showed she couldn't stop at Mitchell's house according to timing and the driving video we showed you yesterday. The state is trying to put Mitchell in the cab when he wasn't. They are ignoring this technology.
Johnston: Stickely didn't document that fare. She drove past places and if she was in distress, she could have gotten help. She was doing something voluntary but something she didn't want anyone to know.
Johnston: She never hit panic button. She could have easily hit it without anyone in the cab seeing her.
Johnston: Stickley texted her daughter at 9:44 p.m. which showed she wasn't in distress. She was already in the alley. She wouldn't have fought over $50. Her daughter said that.
Johnston: It makes more sense she got stabbed because she was involved in something or something was in her cab. That would make more sense about her unusual behavior that night than her getting stabbed over someone robbing her for crack cocaine.
Johnston: Why did we go around and around with Owens. Mitchell said he bought crack from him. He's a dangerous man and he's playing games with you. He told lies to police. The only time he mentioned dealing with Mitchell was in 2012 was after feds arrested him.
Johnston: Owens then mentioned phone call from Mitchell after all that time. They had been after him for months. He has all this time to make up story about Mitchell calling him from Stickley's phone. He is making this up.
Johnston: He was making up about not knowing cooperation could make a reduction in his sentence. We're not disputing that Mitchell didn't buy crack, we're disputing that Mitchell was in the cab. We went through all the numbers and none of them could have been from Mitchell.
Johnston: Owens is a dangerous guy. He's trying to get his sentence reduced. We were trying to show how dangerous the drug business is. He said he would shoot someone over drugs.
Johnston: If Mitchell were left handed, how much would we have heard from crime scene investigators about someone left handed did it? Both investigators said the attack came from behind. The blood is on the right side. She was pulled over to right side.
Johnston: Pulling her with their left hand and reaching over and stabbing her on the left side with their right hand isn't possible. They would be stabbing themselves. They used this theory because Mitchell is right handed.
Johnston: Your going to stab someone with your dominant hand. If they did the stabbing, something would be on their clothes and nothing was on Mitchell's.
Johnston: Regarding Stickley's phone, there's a print on the phone but it wasn't identifiable. The state didn't talk about it because it didn't fit their theory. The print didn't belong to Mitchell.
Johnston: Matthew Robinson was also a dangerous guy. Tommy Collins said he saw someone with black coat and dark clothes. Mariah Lang, Robinson's wife, said Robinson had a dark coat. Collins could have seen someone else in the cab that night.
Johnston: Lang said a cab was a way to move drugs, which makes sense because police wouldn't pull them over.
Johnston: It's possible others saw this in this neighborhood saw the crime and didn't tell anybody. It's possible Owens was involved in this.
Johnston: It's my fear that you don't care about Mitchell because he took money from her. That you won't require the state to prove its case. What he did is deplorable. He told you about this. he had the right not to testify. Prints are evidence but not proof.
Johnston: There's no proof Mitchell stabbed Stickley. Circumstantial evidence shows he didn't do it.
On first-degree robbery, he had specific intent to do it but he didn't assault her or stab her, so he can't be guilty of that charge.
Johnston: Mitchell brought this upon himself but he's not guilty of murder. He stole money to buy crack cocaine but didn't assault anyone.
Johnston: He's asking jurors to look at Mitchell's clothing seized from him.
Johnston: He thanks the jury for their time and service.
Judge giving brief recess for 5 min. before Scott does his rebuttal.
It's called rebuttal argument - for those asking.
Scott: The state isn't hiding from you. The entrance of the video was coming into evidence. We agreed to it. You see able to examine them, no matter who puts it into evidence. Why didn't the defense ask Mitchell is this you in the video.
Scott: This person is just staring at the cabs. He doesn't go in or do anything but stare at the cabs. He crosses the street at 8:44 p.m. when he went to Willie Tory's house. That's were he hangs out. He went there to get crack. Tory's not there, so it's plausible that he walks to Hy-Vee and not Road Ranger because at 9:25 p.m. there are no cabs. (he's showing video of Road Ranger at the time)
Scott: Johnston pointed out there was no blood on his clothes. He was clean cut and he always wore clean clothes, people said. It's reasonable he washed his clothes. He may not have had his coat on in the cab, which is what Collins said when he said he saw someone with dark clothing.
Scott: The print on Stickley's phone didn't have enough ridge detail to identify anyone. It could have been Stickley's print. It could have been Mitchell's or someone else.
Scott: Mitchell has been able to weave his version around the truth. It's unreasonable to think he needs crack, doesn't have any money, and just around the corner is Stickley's cab with money. And it's right behind his crack dealer's house.
Scott: Collins and Owens had no way of knowing Mitchell left his bloody prints in the cab. The officers didn't tell them that. Owens is in the business of selling crack, along with Collins and Robinson - the last thing they would want is to attract police to their business. Owens had to shut down one of his crack houses because of this. They wouldn't want someone murdered next to their crack house.
Scott: If defense theory is correct and Mitchell was just stealing money and then ran into Owens - why wouldn't he tell Owens about the dead body he just came across to gain favor with Owens.