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"That's enough for a Monday night movie, but it doesn't allow you to lower the burden of proof," he said.
Hernandez is accused of murder for killing Casillas, 19, and attempted murder for shooting Casillas' girlfriend as the couple walked their dog in the 4000 block of Santa Rita Street in Oakland on the night of Sept. 19, 2008.
Stallworth said police wanted Hernandez chosen as the killer because they knew he was a violent gang member and that they gave the girlfriend a photo lineup to review that highlighted Hernandez's face.
piece of paper with six photographs is placed before her and, within seconds, the girlfriend begins to howl and shake as uncontrollable sobs drown out the background noise.
Instead, Stallworth implied, the girlfriend identified Hernandez because she wanted to bring closure to the case and recognized him in the photo lineup because she attended the same elementary school as him.
But Wellman argued that the defense theory doesn't pass the common sense test.
Stallworth said his client's face appeared as the largest of the six shown in the lineup and was one of only three in the lineup that had facial hair, an element the girlfriend described to police before she saw the photos.
The video shows the girlfriend dabbing tears from her eyes but otherwise calm as a homicide detective tells her he hopes he found the killer but cautions that the six booking photos he is about to reveal do not necessarily include the suspect.
The time that lapsed before her identification and an early description she gave about the shooter being of average build have been the focus of defense attorney Darryl Stallworth's case as he argued that his client is innocent.
Hernandez frequently bragged on his MySpace page and in letters recovered by police about killing rival gang members.
The girlfriend testified that Hernandez ran up behind the couple as they walked the dog and began shooting as soon as they turned around to face him.
In addition to the identification, which the girlfriend made several times during the course of the case, Wellman said other evidence proves Hernandez was the shooter.
Hernandez is the key piece of evidence in the case against the 22 year old and one that a defense attorney has attacked throughout the trial.
conviction, a prosecutor said in closing arguments Thursday.
The girlfriend, who is not being named at the request of deputy district attorney Tim Wellman, first identified Hernandez on Dec. 1, 2008, three months after the shooting and several days after she was released from the hospital after recovering from gunshot wounds that nearly killed her.
Also, Wellman argued, the gun used in the killing was recovered at a known Omega Seamaster 120m Multifunction gang safe house owned by a man who admitted he was a gang member and is friends with Hernandez.
He described in one missive how he likes to run up on victims rather than killing in drive bys.
Closing arguments in murder case against Oakland gang member
The video recording of Marco Casillas' girlfriend identifying Francisco Hernandez from a photo lineup as the person who killed her boyfriend and shot her is really all the jury needs to reach a murder Omega Watches Men
The girlfriend's identification of Omega Constellation Square
If the girlfriend had the shooter's face etched into her memory, as she testified, Stallworth said in closing arguments, then why didn't she give police a description sooner.
An admitted gang member, Hernandez is accused of killing Casillas because the Oakland native was wearing a red Philadelphia Phillies baseball cap, which matched the color of a rival gang.
"He took everything away from me," she says between sobs as she points to Hernandez's picture. "He crushed me. I had a future with Marco. We had plans."
"The district attorney's theory is that the emotion makes the ID credible and that Francisco is a dangerous gang killer," Stallworth said.
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