The following facts were established during a criminal trial:
- The victim was the owner of U-Store-It, a 24-hour-access storage facility.
- The victim was found dead at 4:00 a.m. on December 15.
- A security camera showed Defendant at the storage facility at 1:00 a.m on December 15.
- The victim and Defendant knew each other and were friends.
- The victim had borrowed $500 from Defendant.
- At 10:30 a.m. on December 15, Defendant deposited $500 in his checking account.
- An autopsy showed that the victim died six hours before he was found dead.
What factual deduction can Defendant’s counsel use to argue that Defendant is not guilty?
Explanation
Answer: A - That the victim died at 10:00 p.m. on December 14, three hours before Defendant was at the storage facility. Answer A is correct because it would allow the attorney to argue that Defendant was not at the storage facility at the time the victim died. Answer B is not correct because, even if true, it is circumstantial, and because the time-of-death argument is stronger. Answer C is not correct because it would not have any direct effect on Defendant’s guilt, and might tend to support guilt. Answer D is not correct because it is more likely to support guilt (when combined with other facts).
