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Clos of JoGreen
The State of Texas vs. Jonathan Green
Aggravated Sexual Assault
Aggravated Sexual
Assault
Intentionally or Knowingly:
The State's Case
1
Cause the defendant's sexual organ
2
To contact the victim's sexual organ
3
Without the consent of the victim
4
And used an aggravating factor
Aggravating
factors
Aggravating Factors
Deadly weapon:
Anything in its use or intended use is capable of causing death or serious bodily injury
A gun is a deadly weapon
Aggravating Factors
Threatening:
- Death
- Serious bodily injury
- Kidnapping
By words or acts
Consent
Consent
Celeste said she did not want to have sex with the defendant
Celeste said she was scared the defendant would kill her
Contact
Contact
Celeste said he penetrated her
Celeste said his penis touched her vagina
Paragraphs
Putting it together
1 verdict only
4 paragraphs = 4 ways of committing the same crime
No need to be unanimous on which paragraph
The Elements
1. The defendant
2. In Brazoria County
3. On or about December 14, 2017
4. Caused his sexual organ to contact or
penetrate Celeste's sexual organ
5. Used or exhibited a deadly weapon or
threatened her with death, serious
bodily injury, or kidnapping
Working Through the
Paragraphs
Used or exhibited a deadly weapon
5.
Caused penetration of victim's sex organ with his
placed the victim in fear of death, sbi, or kidnapping
4.
1.The Defendant
2.On Dec. 14,2017
3.In Brazoria County
Used or exhibited a deadly weapon
Caused contact between his sex organ and the victim's
5.
placed the victim in fear of death, sbi, or kidnapping
The Burden of Proof
Burden of
Proof
Beyond a reasonable doubt
There is no definition, but:
- Not beyond all doubt
- Not 100% sure
Resolving beyond a reasonable doubt
Resolving beyond a reasonable doubt
Is it reasonable?
Does it go to an element of the offense?
Do I have a doubt?
An example
Doubts:
Double click to edit
Evidence & Testimony
Testimony IS evidence
1
2
Physical items tell you what something is
Evidence
Testimony tells you why it is important
3
What You Know From the Evidence
The defendant didn't "lose" his phone, Celeste took it from him during her rape
She turned it over to the police
The defendant came and claimed it as his own
What You Know From the Evidence
The defendant's DNA is on Celeste's neck
It shouldn't be there
She doesn't know who he is
What You Know From the Evidence
Celeste was clear and consistent in her testimony:
- In court
- With the SANE
What You Know From the Evidence
The police followed up on the case, interviewed the defendant
He never said he didn't do it
He never talks about being run down
He lied about where he was and when he "lost" his phone
They found evidence consistent with what Celeste described
What You Know From the Evidence
The download shows:
It's his phone
He was using it right before the rape
Corroboration of Everett's testimony about looking for it
Final Thoughts
Final Thoughts
Fernando wanted to be there to protect his daughter
You want to believe that if you do everything right, nothing will happen to you