We’ll know more after closing arguments today, but it would appear from afar that the prosecution has done enough to win a second-degree murder conviction. And let us immediately add that such predictions are built on sand. Juries usually do what they think will please the presiding judge — and Judge Forrest “Don” Bridges gave them a big hint by allowing a 2nd degree option.
The forensic evidence has not been a slam dunk for the state, leaving just enough room for doubt. However, Demeatrius Montgomery has done absolutely nothing to claim the benefit of that doubt by choosing to act like a stone-cold, remorseless killer in the courtroom. If the state does not paint him as such today with reference to his mute routine, I’ll be absolutely shocked.
Still, the defense has ready-made grounds for appeal on the evidence bumbling of CMPD Det. Arvin Fant and can claim something a victory in taking capital murder off the table while putting 2nd degree on it.
