BUFFALO, N.Y. (WIVB) - A State Supreme Court jury is deliberating Ali Mohamed Mohamud's second-degree murder charge.
State Supreme Court Justice Christopher Burns charged the jury and they began deliberations at 11:45 a.m. Burns instructed the jurors to decide if the prosecution proved that Ali Mohamed Mohamud caused the death of his stepson Abdifatah, and did so with the intent to cause his death.
The jury requested to see Mohamud's confession Thursday afternoon. Next, they requested to see the medical examiner's report. Since the report was not put into evidence they can't get a copy of it. If they still want it they have to return to the courtroom and have it read aloud. The also wanted the definition of the murder in the second-degree charge.
The jurors went back to the jury room with the definition of the charge and the defendant's confession statement.
The three alternate jurors were dismissed. If one of the main jurors can't continue an alternate can step in if the defense attorney and defendant sign a statement saying they can. But in this case the defense attorney said he won't do that. So going forward if a juror can't continue then the case is declared a mistrial.
Attorneys delivered their closing arguments in State Supreme Court Thursday morning.
In closing arguments Thursday morning Defense Attorney Kevin Spitler asserted Ali Mohamed Mohamud is not guilty of second-degree murder. He told the jury that Mohamud did cause his son's death, but that it could not be proven that he did it intentionally. He asserted Mohamud always wanted what was was best for the boy, but that Mohamud lost control of understanding the consequences of his actions.
The prosecution demonstrated the beating with a rolling pin and that he understood his actions, and that justice must be carries out against the defendant.
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