Opening Statement for State V. John Hudson and Dale Buckner
Case #1 State v. John Hudson and Dale Buckner (Charged with murder and attempted robbery) Good Afternoon Ladies and Gentleman…Todays trial will be on Felony Murder and Attempted Robbery. John Hudson and Dale Buckner are murderers. And the evidence of this case will show, that they have undoubtedly committed the crimes brought upon them and should be punished to the fullest extent of the law.
In accordance to the Penal Law, Murder in the first degree is defined “With intent to cause the death of another person, he causes the death of such person… the victim was killed while the defendant was in the course of committing / attempting to commit in furtherance of robbery [or other such felonies. ]{§125. 27(1)(a)(vii)}” This is also known as Felony Murder. Robbery is also defined as forcible stealing. On February 14th 2011 in a small clothing store owned and managed by Sidney and Sara Lazar, a very heinous crime was committed.
Two average looking men wearing black leather jackets entered the store at approximately 3:15 pm, later to be “proven” to be John Hudson and Dale Buckner. When approaching the counter with a . 38 revolver in hand, the defendant demanded all of the money from the register. As the other man stood point at the entrance to the store. Mrs. Lazar let out a scream, produced from shear fear for her life. In doing so, Dale Bruckner responded “Shut her up Johnny” which resulted in Mrs. Lazar being brutally shot in the head, dreadfully causing death on impact.
Soon after the gun went off, the two men fled the store and took off in a black Cadillac sedan. This left a deceased woman and her innocent husband at the scene of the crime in a pool of blood. Five minutes later Officer Reilly arrived on the scene and accessed the situation. With diligent research and a thorough investigation, the arrest of the defendants was reinforced by the owner ship of a . 38 caliber pistol, a newly registered black Cadillac Sedan as well as a previous criminal record from both of the defendants. I will call the prosecution’s witness Mr.
Sidney Lazar to the witness stand to divulge the utter gruesome details of how his wife was shot in cold blood, in front of his very own eyes. I will also call to testify the prosecution’s witness and innocent bystander Richard Green to the witness stand. He will help us positively identify the defendants, and reinforce that the defendants did in fact commit the crimes charged, as he was the only eye witness that saw the defendants leave the scene of the crime. These two men witnessed the crime take place and are testifying that the two defendants did in fact kill Mrs.
Lazar. Investigator Sam Reilly will also be called to testify, in that he was the first investigator on the scene. Shortly after the murder, Officer Reilly went to the defendant’s home at 2435 Damen Street, apt #2B and forced down Mr. John Hudsons’ and Dale Buckner’s door. While at the apartment, Officer Reilly Recovered a . 38 revolver (matching the gun from the crime scene), a black leather jacket, and a newly registered Black Cadillac Sedan; which matched the description of the getaway car.
Due to officer Reilly’s work, pertinent details of the defendant’s background and belongings have been brought to trial and will help us prove that the defendants did, beyond a reasonable doubt murder, and assist in murdering Mrs. Sara Lazar. Upon arrest, the defendant’s both refused to make a statement concerning the killing of Mrs. Lazar. Ladies and Gentleman, the defense; John Hudson and Dale Buckner claim that they were not at the scene of the crime on the fourteenth of February at approximately 3:15 pm.
Conveniently two months after the incident, William Barr was interviewed by Investigator Albert LaRue and swore that he saw the defendants at “Sam’s Chicken Shack” at about 3:15 on the day of the murder. He failed to mention this until two months later. His failure to be expeditious about his alibi just proves his minute acquaintance to the defendant’s. Although Mr. Barr might not have a previous criminal record, he is blinded to the lack of moral aptitude held by the defendants here today. In addition to Mr.
Barr’s testimony, a Pathologist will testify and will help us better understand the cause of death, of Mrs. Lazar. As well as a ballistic expert, will attest to the knowledge of the weapon used in this murder case and will help us verify that the . 38 caliber pistol was in fact the murder weapon of this case. In the course of this trial I will demonstrate that these two defendants did in fact commit the crime of murder and attempted robbery. The lack of morality expressed by the defendant’s actions will assist us in concluding with a verdict of guilty for these two men.
I expect to prove that without a doubt these two men are in fact murderers. Those who perform such crimes with intent to kill someone, men of distaste, and men of disgust, men who lack a conscience, and can kill an innocent woman deliberately with no remorse. Once again, these men are dangerous; we must prove today that the evidence brought upon us will show in its entirety that John Hudson and Dale Buckner committed the crimes before them. These two men must face ramifications and should go to jail forever. Mr. Hudson’s previous conviction of aggravated assault and Mr.
Buckner’s previous conviction of theft go hand in hand. Their previous crimes make a perfect match for the situation imminent. They will be punished and Mrs. Lazar’s death will not go overlooked. Ladies and gentlemen of the jury let me ask you, would you be able to sleep at night knowing that these two men are on the streets, and have the ability to commit such a crime once more? Would you feel safe having your kids walk to the ice cream store knowing that these killers could possibly be around the corner just waiting for their opportunity to strike again?
These men must be taught a lesson now, so these streets can be kept safe for the ones we love. Definitions •Robbery – is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person for the purpose of: Preventing or overcoming resistance to the taking of the property or to the retention thereof immediately after the taking; or Compelling the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the larceny. Murder -A person is guilty of murder in the first degree when: -With intent to cause the death of another person, he causes the death of such person or of a third person; and -the victim was killed while the defendant was in the course of committing or attempting to commit and in furtherance of robbery, •Homicide The deliberate and unlawful killing of one person by another; murder.
