Closing arguments delivered in Randy Swaney murder trial

Attorneys had one last chance Thursday afternoon to present key points to jurors who were about to deliberate in the Randy Swandy murder trial.In his closing arguments, prosecuting attorney William Klumpp talked to the jurors about the difference between premeditated murder and other murder charges.He marched to a cardboard evidence box and retrieved the engraved Blue Mounds State Park rock that had been used to bludgeon Carrie Nelson to death.He brought it over to jurors while he spoke.He reminded them forensic pathologist Susan Roe's testified that Nelson died of multiple traumatic injuries to the head.Roe had testified that there were at least five blows to the head delivered with a force causing injuries she typically sees in automobile accidents."He picked up that 12-pound rock and struck Carrie Nelson in the head," Klumpp said, raising his voice while he raised the rock in the air "And he did it again," Klumpp said, repeating the action, lowering the rock the killer may have.He repeated the phrase and the action five times to illustrate that whoever killed Carrie Nelson did it with a clear intent to kill her.The jurors looked alarmed, and Nelson's family was in tears, but Klumpp wanted to drive home the point that this murder was premeditated."It was not an accident that that the defendant picked up this 12 pound rock," Klumpp said. "He had to reach down with both hands to pick it up. It wasn't a nervous twitch that caused him to beat her to death with this 12-pound rock. ... Think about that. There was a minimum of five blows. He had to lift it up and hit her over the head ... "In a quieter voice Klumpp said, "These are the acts of a person who wants to make sure there won't be a witness to point at him and say, 'You are the one who did this to me.'"In his closing arguments, Klumpp reviewed the evidence in the case, including the watch with Swaney's DNA, Swaney's fingerprints found at the scene, the missing $2,000 and more."Is all of this just coincidence? No. It's evidence of the defendant's guilt," Klumpp said. He also reviewed some of the defense claims that Anthony Flowers may have committed the murder."You've seen the evidence of Steve Layton, who's been charitably described as a career criminal, testify that he's 'going against everything he's believed in' to put on a rat jacket.' It's clear there's some kind of deal going on between Mr. Layton and Mr. Flowers." He reminded jurors that the testimony was that Layton's bisexual female companion had ultimately dragged Nelson to the woods to kill her."Does it look to you like Carrie Nelson was found in the woods?" Klumpp said, referring to crime scene photos they'd reviewed. "Things don't match up. Layton's story was that Flowers had a gun that he put down to pick up a rock ... Tony Flowers is no more the killer than I am."He reminded the jurors to rely on their own common sense in reading the witnesses and evidence as to their credibility, especially when it comes to the credibility of Swaney's own testimony.He pointed out that Swaney repeatedly denies being in the park when he's first accused, but then later says he may been there to check it out for future camping."There's nothing illegal about being in the park," Klumpp said. "Why not just say, 'I was there'? You don't deny being there unless you have something to hide."Klumpp gave the jurors a parting request."The conclusion of all this, ladies and gentlemen, is that the defendant is guilty of all seven charges. ... What we ask of you is to take your common sense into the jury deliberation room that you reach a fair verdict, a just verdict and a verdict that finds the defendant guilty of all seven charges."Louis Kuchera delivered closing arguments for the defense."As you know, Carrie Nelson suffered a violent and tragic death," he began. "Randy Swaney is now on trial for the murder of Carrie Nelson."Kuchera spoke about the presumption of innocence until proven guilty."He maintains his innocence here today. He has all along, and he testified to this today," Kuchera said. "By pleading not guilty he denies the charges against him and puts the burden on the state of proving his guilt beyond a reasonable doubt."Kuchera spoke about the watch, and that it shouldn't seem unusual that Swaney would buy a similar watch to replace a lost one if he liked a particular style. He also referred to the science of the DNA that there are still some unknown contributors to the DNA on the watch.He spoke of the inmates who testified against Swaney, and that they're not credible witnesses.He spoke of the way the crime scene was handled. "There were a lot of people coming and going," Kuchera said. "There is no indication that there was one person taking responsibility to make sure everything at the crime scene remained as it was."He said Anthony Flowers should be taken seriously as a suspect because he was indeed an escaped prisoner at the time and he had a history of robbing banks.He questioned the science used in the forensic laboratories, pointing out that human error can occur in the sampling process, and that science doesn't always provide the right answers.Kuchera told jurors that there is plenty of evidence and information as to why and how Carrie Nelson died. "But the evidence does not prove Randy Swaney committed the murder of Carrie Nelson," he said. "For that reason, a verdict of not guilty should be delivered."He said a guilty verdict can be delivered only if they believe Swaney is guilty beyond reasonable doubt.Jurors began deliberations around 6 p.m. Thursday, Aug. 14.