WATCH LIVE: Closing arguments begin in Caleb Flynn murder trial

Please have a seat. It's Tuesday, September 29th, 2026. We.

are here on case number 26 CR88, state. of Ohio versus Caleb C. Flynn. Sir, is. that you? >> Yes, sir. >> All right. this matter comes on for um. trial um council. Uh I believe we're. ready to proceed with closing arguments. and then the court will instruct the. jury. Um is there any reason um uh that. that we should not proceed in that. fashion? Mr. Watkins? >> No, your honor. >> Mr. Muller. >> No. Thank you, Chair. >> At this time, Miss Osenorf, please call. on the jury.

That is good.

Ladies and gentlemen, please have a. seat. Welcome back. Please make sure all your phones are. turned off completely.

Ladies and gentlemen, jury, we're. beginning our ninth day of trial. Uh. we're going to proceed with um by. closing arguments with by counsel and. then the court will instruct you on the. law that applies in this case. Um. closing arguments are not evidence. They. are a chance for the lawyers to argue. what they believe the evidence was and. how the evidence interacts with the law. The court will provide you with legal. instructions as to what the law in this.

case is and how it should be applied. At. this time, council for the state will. present his closing argument. Mr. Joseph, would you like to proceed? >> Thank you.

Thank you, your honor. Members of the jury, thank you for your time, for your. attention, and for your service. The state began this case with the. defendant's own words. Words about his. wife, Ashley Flynn. Words written to his. mistress in the hours and days before. Ashley's murder. We explained that those words matter. because they reveal motive, intent, and. the truth behind the lies the defendant.

told after he shot his wife Ashley, the. mother of his two young daughters in. their home. Because of the defendant's actions, he. has been charged with aggravated murder, three counts of murder, two counts of. felonious assault, and three counts of. tampering with evidence. There are also multiple firearm. specifications. The state has proven each element of. each crime beyond a reasonable doubt.

The purpose of these slides is not for. you to memorize the charges or the. elements. As the judge just explained, you'll be given a copy of the. instructions in the elements. There are. just a few things that I would like to. draw to your attention. In Ohio, when. conduct violates multiple statutes, each violation can be charged. separately. You will consider and vote. on each count individually, even if the. charged conduct overlaps. The defendant, Caleb Flynn, is charged.

with nine counts. Not only is there some. overlap in the conduct being charged, several of these charges are also. interconnected. Count one is aggravated murder. For this. count, the state must prove that the. defendant purposely and with prior. calculation in design caused the death. of Ashley Flynn. Prior calculation in design means more. than an instantaneous decision to kill. It means advanced reasoning, a plan to.

cause death. There is no specific amount. of time required. When you consider. whether there was prior couplation in. the design, consider the evidence you. have heard about the defendant and Ash's. relationship. Consider his preparation, the timing, the opportunity, his words before the murder, his actions. before the murder, and whether what. happened to Ashley was an instantaneous. eruption of events or something the.

defendant had thought about beforehand. Count two is murder. The state must. prove that the defendant purposely. caused Ashley's death. The difference. between counts one and two is prior. application and design. It's not a. requirement of count two. The mental state necessary for counts. one and two is purposely for person acts. purposely when it is the person's.

specific intent to cause a certain. result. Counts three and four are another form. of murder. What you will hear referred. to as felony murder. And this is where. the charges start to connect. For these. counts, the state does not have to prove. that the defendant intended to kill. Ashley. Instead, the state must prove. that he committed felonious assault and. that Ashley's death was the result of. that felonious assault.

There are two counts of felony murder. because there are two. case. Count five, the defendant. knowingly. physical harm to Ashley. And count six, the defendant knowingly caused physical. harm to Ashley by means of a deadly. weapon. Most of both of those counts are. two different charges of felonious. assault. One serious physical harm and. two deadly weapon and those are being. considered separately.

The defendant is guilty of committing. two counts of felonious assault because. for count five causing death is causing. serious physical harm and for count six. a firearm is a deadly weapon. So these. charges fit together the last four that. I've discussed. Count five, knowingly. causing serious physical harm, is the. underlying felonious assault assault. charge for count three, felony murder. While count six, knowingly causing. causing physical harm with a deadly. weapon, is the underlying felonious.

assault for count four felony murder. Because Ashley's death was the result of. those felonious assaults, you must also. find the defendant guilty on the. corresponding felony murder counts. Then you have counts 7, 8, and nine. tampered with evidence. And the elements. are same for each count. What's. important, sorry, go back. What's. important to note on that count is that. he knew that an official proceeding or. investigation was in progress or was. about or likely to be instituted.

For counts 5 through nine, the mental. state is knowingly. A person acts. knowingly when they are aware that their. comment will probably cause a certain. result or will probably be of a certain. nature. The difference between the three counts. of tampering with evidence is the. evidence the defendant tampered with. Count seven, the fire that he disposed. of after murdering Ashley. Count eight, the side garage door and. assembly that he attempted to make look.

like they've been damaged by a burglar. Count nine, the snoop emails. You heard. from agent Kinseig that the emails were. present when the preservation request. was sent and that they were not there. when the data was returned to her. Counts seven and eight occurred on. February 16th. Count 9 occurred on. February 17th. Finally, counts 1 through six have. firearm specifications. defendant. The state must prove. defendant had a firearm on or about his. person or under his control while.

committing the offense and displayed, brandished, indicated that he possessed. or used that firearm to facilitate the. offense. Count 7 also has a firearm. specification where the state must prove. the defendant had a firearm on about his. person or under his control while. committing the tampering offense, which. is getting rid of the firearm. So, what does all this mean? It means that when the defendant decided. to go get his gun out of his truck and. shoot his wife Ashley twice in the head,

he committed aggravated murder, murder, two counts of felony murder, and two. counts of felonious assault. As you. consider each of those charges, remember. that the evidence in this case is not to. be considered in isolation. Consider the evidence together. And when. you do, the pieces connect. They. corroborate one another and they tell. you what happened inside the Flynn. residence on February 16th, 2026. You have now heard multiple versions of.

the defendant's account. An unknown. intruder entering a residence, shooting. Ashley, and leaving before being. identified. But you also heard key details of that. story change each time he told it. The evidence has proven the defendant's. account to be a complete fabrication. We. informed you from the beginning that the. gun used to murder Ashley was not. recovered. Again, recovery of the gun is. not an element the state has to prove. But you heard the defendant kept the 9.

millm handgun in his truck console. His truck was parked in the garage. That. console was up when law enforcement. arrived and the gun was missing. You. heard that Ashley was shot twice in her. head with 9mm bullets. You heard about the investigation, the physical scene, the side garage. door. You heard about the K9 who. attempted to track the scent of this. alleged intruder, but instead only. wanted to go back inside the garage. three times over. You heard about and.

saw the fingerprints, the defendant's. fingerprints found on the door of his. truck, on the front hood of Ashley's. van, right by the area of the stage. breakin, and on the refrigerator, also. in that same area. You heard about the DNA, the defendant's. DNA found on the exterior door knob that. had been broken off of that same side. garage door. Defendant's blood on the master bedroom. light switch. Defendant's DNA on the. release button of his truck console.

where he told law enforcement he kept. that missing 9mm handgun. You heard about his electronic devices. and his electronic communication. Those communications documented the. defendant's yearslong relationship with. his mistress, who was a 20-year-old. intern when they first met. You heard about the defendant's efforts. to delete information up to and. including the morning of the murder, his words that major changes were coming. in his life, the discussions about the.

end of his marriage. And while the defendant told law. enforcement he was sleeping, his. electronic devices documented something. different. They documented movement and. activity in the hours leading up to. Ashley's murder. The defendant said he. was sleeping. His devices say he was. awake and moving. You heard about the app deletion, his. Apple Watch movement, his AirPods. activity, his iPhone activity, his face.

ID unlock before calling 911, and the. digital evidence documenting his 911. call. The defense may ask you to look at each. of those things separately. Defendant's. DNA found here, a device event there, a. deleted app, a missing gun. But remember. what we talked about when we began. Consider the evidence together. These. events do not stand alone. They connect. They corroborate one another. They.

interlock and converge on the defendant. You heard about and saw a door. That door matters. It matters because the defendant told. law enforcement that an unknown intruder. entered his home and this was the. supposed point of entry. You heard BCI agent David Hammond. testify that of the hundreds of. burglaries he's worked, the damage to. this door was inconsistent with the. burglary. His conclusion, this was a.

homicide staged as a burglary. You heard from an FBI tool mark examiner. that there were multiple tool tool marks. present on the interior of the door. frame. You heard from crime scene technician. Holly Rise, Detective Brad Klein, Lieutenant Jason Moore, Detective Zachary Varcus, forensic. scientist Sarah Stuchel, Special Agent. Sarah Deron, and Detective Sergeant Mike.

Morgan. over a hundred years of law. enforcement experience who have. collectively seen more than 800 forced. entry doors. And they all told you that. the damage is not consistent with any. broken in or kicked in door that they. had ever seen. And you heard that when the officers. first observed all this damage, the door was already unlocked. The defendant's story requires you to. believe that an unknown intruder broke.

in and entered through that door. But. the physical evidence of that door does. not corroborate the story. It. contradicts it. You have heard the messages explain. exchanged between the defendant and his. mistress during the year prior to. Ashley's murder. And through those messages, you heard what the defendant was saying. in the late hours of February 15th, just. hours before Ashley's murder and just. before he deleted the group me from his. phone. I choose you.

I'm free. Actions will come tomorrow, February 16th. Day I'll never forget. You heard messages from the defendant. saying he hated Ashley, wanted her gone, wanted her dead, wanted to be free of her, and wanted a future with his mistress. instead. The defense told you from the beginning. that the the state found the affair, the.

motive, and then worked backwards to. make that evidence fit. But the affair. doesn't stand alone, either. Those. messages do not exist in isolation from. everything else you have heard. throughout this trial. Consider consider. them with the physical evidence, with. the staged burglary, with the missing. 9mm handgun, with the defendant's. activity that morning, with his efforts. to delete information, and with the. changing story that he told law. enforcement.

The affair helps explain why. The rest. of the evidence shows you what he did. The defendant wanted to be a victim. The evidence shows that he wanted to. keep his mistress and have his daughters. all to himself. And being the victim. allowed him to do that without being the. husband who left his wife for a. mistress. Instead, he would be the husband whose. wife was tragically murdered by an. unknown intruder. And there were other. benefits. The evidence showed that being. the victim would allow the defendant to.

keep his lucrative job working for. Ashley's family business. He would. benefit from Matthew's life insurance. and he would keep his position as a work. worship leader with zero impact to his. reputation within the church. The evidence does not tell the story of. an intruder. Consider what you heard from the. officers, investigators, forensic. examiners, digital analysts, and other. witnesses. Consider the messages, the. timelines, the photographs, the device records,

the 911 call. Compare the defendant's words, his conduct, and his story with the. physical and digital evidence. Defense council told you in their. opening statement that Ashley deserved. an investigation willing to follow the. evidence wherever it may have led. So follow it. Follow the evidence from. the defendant's missing 9mm handgun to.

the 9mm bullets that killed Ashley. Follow it to the side garage door where. the physical evidence contradicted the. defendant's story of a break-in. Follow the evidence to the defendant's. devices which showed that while he was. sleeping, while he said he was sleeping, he was awake and moving. followed to the. messages he tried to delete to his words. about Ashley to the changes he said were. coming.

to what he said would happen tomorrow. follow his changing story. follow the physical evidence the digital. evidence and the defendant's own words. the only evidence of an intruder is the. defendant's own words and his words do. not stand alone against one piece of. evidence, they stand against all of it. The evidence does not lead to some. unknown intruder vanished into the. night.

It leads straight to the defendant. The evidence shows that Ashley was. executed by her husband, the father of. her two young daughters, the defendant. Caleb Flame. The state asked you to return the only. verdict supported by evidence and the. verdict that speaks the truth about what. happened inside Ashley's home. Guilty on all counts. >> Thank you. >> Thank you, Mr. Joseph. At this time, would council for the defense like to.

present their closing argument? Mr. Mulligan, >> thank you. >> You may proceed. Your honor, ladies and gentlemen, members of the jury, good morning. We appreciate very much your service in. this particular case. As I indicated in. broad here, juries are massively. important. And the reason why they're. massively important is because juries.

are the only protection that we have in. this country from the government. pointing a finger to us with weak or no. evidence and screaming that you're. guilty. I listened to the first closing argument. this morning. They have the burden of. proof. So they get to go first, but they. also get to go last. They provided you nothing in that. argument other than telling you the law.

and screaming at you that he's guilty. This, as you know, is a murder case and. it's really nothing more. All the other. charges really are dependent on that. murder charge. And I would argue that this is a case as. I discussed in bloodier of whether or. not they have missed the elements. In. other words, have they proven their case. beyond a reasonable doubt?

Now, you as the jurors are the baseball. hump. You make the call. You know what an. umpire does in the baseball game. The. baseball hump calls balls and strikes. and whether or not a guy is out at home. That's what the guy behind the home. plate does. Basically, you decide the disputed facts only. Remember, this is a case of proven.

versus not. You make the call, but what you don't do. as the umpire ever is make the pitch. You don't provide the evidence. You're. not required to make believe. You have to evaluate what actually is. given to you. So when the state doesn't have any real. evidence, they plead circumstantial.

evidence. You're not required to make those less. You've been requ. directly. So what's the standard? And I talked to. you about this during jury selection, also known as what hearing. And my. favorite part of the definition is proof. beyond a reasonable doubt is proof of. such character that an ordinary person, you guys, would be willing to rely and. act upon it in the most important of his.

or her own affairs. So why do I like. that definition? I like that definition because it. doesn't tell you. what to do. It is individual to you. It. requires you to ask the question, what. is the most important thing in your. life? Now, what is that? Is that a. medical decision? Is that a medical. decision for your child? Is that your relationship with your. spouse? Is that more importantly your.

relationship with your maker? So what is the most important thing in. your life? That is an individual. decision. But I would respectfully suggest that. whatever answer you guys come up with as. to what is the most important thing in. your life, it is more important than a. single paycheck. Now a lot of people are very dependent.

on their income. I actually don't know. anyone who's not. So that's fairly important. My question is, would you even bet a. single paycheck on this? Personally, because I'm not a gambler, I. wouldn't bet a dollar. Now. I do have to give credit. when the other side absolutely proves.

something beyond a reasonable doubt. What is the one thing that they prove. absolutely. positively beyond a reasonable doubt? Easy question. After 8 days of nonsense, don't have an affair. It is way too much work. That's what they proved beyond a. reasonable doubt. So none of the rest of the case has been.

shown beyond a reasonable doubt. You get to evaluate the credibility of. witnesses. The judge's going to provide. you instructions. And basically the. bottom line is you can believe or. disbelieve all or any part of any. witness's testimony. So, let's do a little test. Should we believe Aaliyah? If you believe that she was a virgin and. she did Caleb, I have some swamp land. I. would like to sell you.

the laptop, the swimming laptop. She claims that she didn't notice it. until she got home. Are you kidding me? The cell phone actually did try and swim. unsuccessfully. We don't know actually what happened to. the laptop, but it was disposed of on a trip to.

Florida. So, you lose your laptop and your iPhone. on the same trip. and then you have the unmitigated gall. to lie to the FBI. Okay. She wanted to save her reputation. How dramatic?

Explain why. you had your burner phone in your purse. when you talked to them and you failed. to give it to them. Holy smokes. What was her explanation? Reckless. They didn't ask for it. Boy, isn't that cute? She's there supposedly to help and she's.

lying her ass off. I'll get back to her when we speak with. motive. So the charges, this is going to relate. back to my discussion about grand jury. being a onesided. exercise. As I indicated to you in in um Vladier. in jury selection, there is no defense lawyer. There is.

nothing but the state's witnesses. Shoot, there's no judge in grand jury. It is the prosecutor and their. witnesses. So what is the element that they didn't. explain in the opening or closing? It's comical from a lawyer's. perspective. Prior calculation and design. The judge. is going to read you that definition. Prior calculation of design means that.

the purpose that caused the death was. reached by a definite process of. reasoning in advance of the homicide. Which process of reasoning must have. included not may have included must have. included a mental plan involving the. study consideration of the method and. the means or instrument with which to. cause the death. They didn't bother to show me that.

there is virtually no evidence of any. prior calculation and design. The only. thing that they have which was on the. very beginning of this case there's an. affair and there's some ugly statements. to the mistress. So grand jury is a one-sided procedure. There is a um here's an ugly. label joke amongst guys who do criminal.

law. And the problem with funny jokes. is. many times they're based on reality. because that really is what makes a joke. funny is when it's somewhat based on. reality. So what's the ugly legal joke. amongst criminal lawyers? You can indict a ham sandwich for murder. if you want. What does that joke say?

That joke says that the prosecutor can. go to grand jury. with nothing and get a murder. indictment. So now we go back to what I. very first talked about in this. particular closing. Why are juries so important? They stopped that nonsense. way way way back centuries ago when the.

king said you were guilty it was off. with your head. Much of our law is based on English law. Starting with the Magna Carta that. actually evolved. and then with our own Declaration of. Independence and Bill of Rights, it was. expanded. This is what our military fights for. these rights.

When the king says you're guilty. of aggravated murder, and there's no. evidence whatsoever, juries can stop that. Now, Paul now sits as the king. He's the guy with the authority under. the statute to make charging decisions. You are the buffer. between the king and reality,

between the king and justice. And so your job is massively important. What do we know for sure in this case? Well, we know that motive is not an. element and proving motive is not beyond. a reasonable doubt. If you saw the nice. little um uh elements under the.

statutes, motive's not in there. Why? Cuz it's not an element. So, what do we have in this case? And. you guys will remember more about this. than I can even tell you in a closing. interview because 12 of you will come up. with more than I will. But what do we know? No gun was found. There's no proof. Uh Caleb fired a gun.

that day. Why? Why is there no proof. that he didn't fire a gun? Well, there's. no gunshot residue because the. hands. his clothes weren't tested for it. The carpet in the house wasn't tested. None of these things were done. Zero. They want to talk about steps. Okay.

Show me that there's a little gunshot. residue anywhere other than in the. master bedroom. Shoot. They didn't even test it in. there. They didn't test it on the way out the. door. They didn't do anything. We have no eyewitnesses. What did the initial body cam show? Well, he was a mess.

He threw up. He was so upset. The question for you guys is, could a. guy that upset. outsmart the police? The state gave you. a reasonable amount of evidence to show. that once Caleb got to 9:32 Cunningham, his own house, at 6:59 p.m. on 2:1526,

he never left until the next day. Rinton Tin couldn't figure it out. Now I understand Ren Timint Timin. That's an old reference to a show about. a dog. Okay. I can't remember the name. of the dog that did the uh. that the blood hound that did the uh uh.

walk through the yard. Nothing showed that he left that. particular house. And what's interesting. about that is he's still present. Did they do an article. search? Nope. How many articles did they have in. that house that were Caleb's that could. have been presented to that dog?

Hey, go find this set. Did they do that? Nope. They wanted to talk about lambs. That's mildly hysterical. because of what they overlooked. What did the DNA so-called expert tell. you about the DNA on the latch in the. truck at what I'll call the glove box,

the console, whatever you call it. What did they tell you? They told you that Caleb's DNA was there. and they had various DNA samples from. various people who were family members. Shoot, I think they even had gills. What did they find? They found foreign DNA on that.

opening. Holy smokes. you get that information back. screws your entire theory of this case. Do they review anything? Oh, hell no. They go headlong forward on that initial. theory. The drone search. The drone search was remarkably small.

At least an hour, if not more, after. the 911 call. How far can you walk in an hour? Certainly more than a couple miles. What if you're hustling? Hen a whole. bunch. They didn't even cover that area.

There was virtually no evidence in terms. of smells, in terms of. uh chemically of any attempt to clean. the drains, the dish uh the dishwashers, the um washer and dryer. Shoot. They got him a sweatshirt out of.

the dryer. There was still stuff staying. there from whenever it got clean. We know that Caleb voluntarily. interviewed with the detective three. times. He didn't have to. He wanted to figure out who shot Ashley. He consented to a search of his home. He consented to a search of his phone.

He voluntarily gave his fingerprints. He even agreed to a polygraph test. Ashley was shot twice. We know this, right? The police want you to believe if he. knows this fact, he's guilty of shooting. Ashley. Case solved.

Boom. Boom. No one talked about his educational. level, but he can count to two. That's how he knew there were two shots. If that's what solves the case, I would. suggest this isn't the fourth grade. This is only one example of the shoddy. investigation and the refusal to admit.

they are wrong. What else do we know? The shots were right next to each other. This is not my first homicide case. I've seen more autopsy reports than I. would. that than I would like to remember.

Those two shots. from a handgun. at whatever the distance was. not only are right next to each other, the corner told you they traveled on. parallel paths. For those of you who shoot, that is a skill. No doubt.

The ability to hit a target like that. is no doubt a skill. that requires at a minimum trigger. control. that requires real steady nerves, no excitement, pure concentration. And I would suggest that's not a result.

from an emotional wreck. passion passion. that physical evidence defies. and they have no explanation for that. whatsoever. The entire case is based on guesses, assumptions, and speculations. There's. no hard facts, and that's not beyond a. reasonable doubt. And that's why you. don't make jumps for them.

So, let's talk about the investigation. So, the investigation, the lead. detective Morgan testified cameras were. not examined. Well, it's sort of a popular topic of. news anymore. Flock cameras. They're. apparently all over. They can establish times, people. leaving. We don't even know how many are. in that neighborhood.

or in Pastor Jordan's neighborhood. Why? Not because we checked and there was. nothing useful. Not because the data was unavailable. They just weren't examined. Meanwhile, there were seven to eight. different law enforcement agencies. involved in this investigation. 7 to 8.

And somehow. we still have flat cameras not checked. No examination of the fields behind the. pastor's house. No rear camera review here. People not being interviewed. Other leads not fully run down. and a missing murder weapon that has. never been found.

But the state of Ohio. has bored you. with countless hours hearing every text. from the affair. Interestingly, the police only find. shotgun shells in the house. Now, let's talk about this. In the. investigation, did you hear a single question.

asked by any of the investigators? Do you have any 9 mm ammo in the house? Was your gun loaded? Question never. asked. What question did they ask them? Did you have a clip? Shoot. They don't even know if there's. bullets in the clip. They never ask a. question.

So, we know. in defense of the police that they. weren't ready to arrest Caleb on. February the 19th. Why do we know that? Because after that. interview where Detective Lord got. snippy and said, "I picked a Jew when he. had nothing." Okay, he's trying to get a. confession. Oh, that didn't work either. They let him go. He was free to leave.

They had no results from any of the labs. at that point. Paul orders them to arrest Caleb with no. labs, no ID witness, nothing. Just. speculation. We'll figure it out later. and later never came. Not even after. Paul told them, "Go check the frozen. meat in the freezer.". Really?

That's the guy in charge of the. investigation. I run a law firm with seven lawyers and. we have round numbers 15 employees. Managing a business is um.

a challenge. I personally can't imagine what it would. be like to be the CEO. of General Motors. or Ford. or a large organization. where you had to keep everyone doing. their job, have everyone focused, have. all the reports coming back to the right. person. Wow. Is that a management.

nightmare? I have great respect. for people who have that skill. It is difficult enough. for me with 15 employees. I have massive respect for those guys. And so what do we have here? We have seven or eight law enforcement. agencies who really are getting no.

direction. And it's not being managed. But you all come down now. You hear. and it's haphazard. The tips. go into god knows where. Oh, it wasn't. our responsibility to look up. Uh, you. know, officer Little writes the report. It goes to Bernard and then it goes to. the FBI and then it doesn't go to.

Kinsey. He goes to someone else. And so we end up not even interviewing. Mintosh, the guy who works at the base. Are you kidding me? In order to get on. the base, you have to show ID. Even contractors have an ID. They want. to know everyone who's there. Why? Because they do important stuff.

It's a secure place. They don't do it halfhazardly. So later never comes. Not only that, but the evidence points. in other directions and it still doesn't. divert them from their initial theory. So, we've got the K9, and I talked a. little bit about that, but we have a.

slew of people who walk through the. backyard, the garage, and the house. Detective Morgan couldn't even tell you. how many people arrived before he did. Oh, no. There were lots. They were trampling over everything. Poor dog had a headache. The handler had virtually no stats. on the accuracy of the dog. Well, I.

don't know. How many times does the dog not react? I don't know. We have no idea. who has the burden of proof in this. case. It ain't me. It's not Caleb. If now. their witnesses can't tell you, I don't know if we have any hunters. here.

How many hunters use spray to mask their. scent? Punches. So the affair, his being unfaithful. doesn't equal murder.

All of his ugly comments. are designed to keep her. on the hook. How do we know that? We know that because she says when he. says something crappy about Ashley, but the side piece talks about how that. affirms her. and makes her feel good.

He's holding her in place. He's living with the woman who the. evidence shows loves him and was. actually good to him. no real reason to give that up, but he wants to maintain the side piece. And Aaliyah is silly enough to go along. with that nonsense,

but she gets reaffirmed by all of this. Now, he spends a huge amount of time. keeping the side piece on the hook. And I would suggest um Aaliyah is like a. drug. She's like alcohol to an alcoholic. But I would suggest you can go out and. get high. You can go out and get drunk.

every night or every weekend. But you always come home. But you don't want to give up the. alcohol and you don't want to give up. the drug. He's literally in the catboard seat in. his demented mind.

His. priority appears to be the girls. and that causes him to miss every. deadline. that she makes for him. What does she want? It's pretty clear. She wants to be the next Mrs. Flynn.

She wants to be married to a guy making. a4 million dollars a year. She doesn't want his kids. She wants her. own with him. because prior to 215, she wants him to. give the kids up. That's no big deal if. you have to give them up half the time. I'm more important. That's what she's saying in her text.

This shifts the motive. They actually put on so much stupid. evidence in this case on the affair that. they shift the motive. They under. they basically washed out their own. motive. I was actually a little surprised. Don't kill the mother of the kids when. you're prioritizing the girls. But who. needs Ashley gone?

Alita does. She wants to be the next Mrs. Flynn. Who. provides the divorce info? I'll admit I was a little surprised cuz. we do some divorce work. I was surprised. that Jack GPT that we don't use was that. accurate. At least on that subject. I'll admit I'm surprised. I'm still not. going to use it. My dad is still.

surprised in all. All the conversations. between the side piece and Caleb are. about getting a divorce. None of them are about killing her or. the method or the means or the weapon. Zero. 107,000 messages and they didn't. find one.

All the mean statements Caleb makes. about Ashley are food. for Leah. They reaffirm her. They hold her in place. But as I said before, he's in the cabin. seat. The person in pain. is Aaliyah, not him. How do we know.

that? Well, we know that. under defense exhibit C. All.

right. Yes.

So. Ashley asked him three questions. on 213. 13. Did we decide which restaurant we're. going to tonight? Question number one. Number two, what would you like me to wear?

Number three, hot tub after. answer. I'm excited for Noi. Surprise me. And yes, well that pissed sight peace off. in the hot tub. out of the life. There are other statements in here. Love.

you. Love you back within seconds. By getting rid of the church's laptop, cuz that wasn't her laptop. By getting rid of the uh church's laptop. and her cell phone,

she stops any investigation about who. she met with in Florida. Did they investigate that? I understand if Tip City doesn't want to. investigate that. Florida is a long way. away, but the FBI national. Why not check that out? Did they investigate her finances.

to see if she hired anyone? We were given records of his. bank stuff. I think it was from Ally. And then there. was something from City Bank that I. think was Ashley's. And they and I might. have them um opposite each other, but I. I believe it was City Bank and Ally. Were we provided.

with. her bank information? No. Why? because that doesn't fit the narrative. That doesn't fit the initial theory. That would screw up the initial theory. The issue here isn't whether he was a. good husband. Was he an.

or any other label you want to put on. him? Bad husband. That's not the issue. Absent real evidence that doesn't equal. a murder. So, we have the tampering with evidence. charges. First one is the gun.

They can't find the gun, therefore they. blame it on him. with nothing. Well, you can indict him sandwich for. murder. There's no evidence he was supposed to. be gone. Why do we know that? Because we. know he never left the house.

The side door. They had no proof that Caleb was ever at. that door. Oh, there's fingerprints in. the house. Yeah, I would hope to think. that there's fingerprints in his own. house. I'm thinking my fingerprint should be in. my house. What again did they prove though?

They absolutely proved that the 80 plus. tools that they took. didn't make the dent on the handle. Congratulations. Thank you, ma'am. That's a gift. It's a gift to me. And it's rude not to say thank you when. you get a gift. A hammer that supposedly was consistent.

is no different than millions of other. hammers. I got one like that. You guys probably. do, too. the emails. Holy smokes. They're talking about the. Snoop emails.

The Snoop emails. have no relationship to this case. whatsoever. The snoop emails was him checking to see. if Ashley's talking to some guy, which. in a sick sort of way I find amusing. that you're worried what the side piece. is doing.

Now, Joseph Wilhelm told us from BCI, he. told us that the browsing history may. have been manually deleted or simply. used in private browsing mode. He didn't. know which. Okay, thank you, Joseph. We know that Aaliyah had his passwords. How do we know she didn't delete those. things?

Going back to Miss Smith's opening, this. case is wholly lacking in concrete. concrete evidence. Connecting a couple of meaningless dots. doesn't solve the case. Now, I get. that this jury. may want to maintain its humanity.

in this case. I get that. But the decision. to make a decision that there's no. evidence. is cold. It's disappointing. and it's unsettling. Because that means law enforcement and. all the lab testing failed to generate. evidence to identify the killer.

But this isn't about maintaining. humanity. This is a cold calculation on. whether or not there is evidence beyond. a reasonable doubt. So we have a certain amount of armchair. quarterbacking as well. Oh well, this is. far too coincidental. Far too coincidental does not equal. beyond a reasonable doubt.

So go back to the definition of beyond a. reasonable doubt. Would you rely on coincidence. in the most important. of your own affairs? The answer to that question should be. no. Coincidence is kind of like winning the. lottery.

They went with the theory. The labs come back negative. They stayed with the one and only. theory. as you know. Did they investigate the. tip on the hip? Not really. Didn't they investigate the side piece. so he lied to them and didn't turn over. her burner phone?

No. Interesting thing is she still has it. They still haven't asked for it. Bottom line, the evidence in this case doesn't rise. to the level of beyond a reasonable. doubt in any way, shape, or form. And we. know that this is a matter of proven.

versus not proven based on what we. talked about in jury selection. And that simply is why we don't have to. put on a case because we talked about. tibly wings. The exhibits that I needed, I got in. through the prosecution witnesses. We have virtually no burden. The evidence points to alternate. theories that they rejected to.

investigate, but I'm not required to. provide that. This simply is proven versus not proven. And respectfully, I would suggest that. this is a matter of not proven and. therefore I'm worthy of a verdict of not. guilty. And I thank you for your time. >> Thank you. Thank you, Mr. Mulligan. At. this time, would the state like to offer. a rebuttal? >> Yes, sir.

>> Go ahead, Mr. Watkins. Ladies and gentlemen, you know the. defendant's state of mind. You know his desires. His actions are why we're all here. The defendant executed action. That is supported by evidence.

We have the defendant's intimate. conversations with his mistress. Messages they both thought would never. see the light of day. Hidden messages. the defendant. attempted to delete. You remember those two messages I first. told you about? The ones where the. defendant is planning Ashley's murder. and talking about how dark and how. hateful he feels.

I want to remind you of some more. I've been trying to think of some plan. that will magically make all this. better. Being honest, I don't have that yet. When she is gone, my goodness, it all changes. I want my girls full time and a life. with you, but I can't have both.

So, I've weighed the options. and I choose you. He also tells us about his fears. Think what I'm willing to sacrifice. my daughters, a quarter million dollar salary, a place to live, possibly a church that I serve at, public shame and humiliation,

and way more. Now, just hours before Ashley's. execution, the defendant wrote this. Actions will come tomorrow. I'll never not be scared to do this as I. never want to hurt my daughters. That will always be there. But this month away from you has. terrified me beyond belief. You said you don't want me to regret.

anything. I'm living in regret as we. speak. Losing you and hurting you. has murdered me. I know the way I feel about you is. beyond anything that's anywhere else. I. know I can't live without you. And so. again, if this gives me a 1% chance to. spend my life with you, it's the 100%. right decision.

I choose you. I'm free. February 16th, day I'll never forget. During jury selection, we talked a lot. about common sense. I'm asking all of you to use it today. after you walk through that door. The defendant wants your common sense to. stay right here in this room. Let's start at the beginning and work. our way through this carefully because.

the evidence in this case did not begin. with the gunshot. It began months. earlier. Ashley was alive. She was full of light and joy. The defendant, he had a lady and he wanted out of his. marriage. The evidence shows that his. feelings toward Ashley went far beyond. simply wanting a divorce. He hated her.

She was his prison. The defendant called her the spawn of. safety. The communications between the defendant. and Aaliyah go back years. They document. a developing romantic and sexual. relationship, emotional dependency, financial exchanges, secrecy, and. repeated discussions about the defendant. leaving Ashley.

As time went on, however, Ashley. increasingly became the obstacle around. which those conversations. revolved. The defendant was obsessed with Aaliyah. He created fake social media accounts to. interact with her. He stalked her with. snooper books. They exchanged on average. almost 300 text messages a day. Just days after Ashley's death, her. husband was not searching Ashley's. Instagram.

He had her blocked. He was instead searching Alias. They share matching tattoos. Alias is on her arm. The defendants is in his armpit. By late 2025, the language in their me. language in their messages had. escalated. During the conflict surrounding the. defendant and Ashley's 15-year. anniversary cruise, Aaliyah expressed. jealousy about the defendant continuing.

to remain married while he expressed. increas increasing anger and hostility. towards Ashley. Then came February 14th and 15th, 2026. The defendant was no longer simply. talking about someday leaving his. marriage. The pressure he felt was too. much. He was describing what he intended to. do, who he intended to speak with, the. order in which he intended to speak with.

them, where he intended to go, and what would happen afterwards. He told Aaliyah that he was not backing. out. When asked whether he was secondguessing. whe asked whe whether he was. second-guessing himself, he answered no. and then said, "I don't think there will. ever be a quote good timing of this. I. just have to do it.".

He lied and said he went said he went to. see Todd and Jill to talk to them about. the divorce. He couldn't have talked to Todd. He was. in Canada. Defendant's location data proves he was. never close to the Smith residence on. February 15th. He repeatedly identified February 16th. as the day things would change. He said, "It's happening, Aaliyah. February 16th, day I'll never forget." He told her, "Actions will come tomorrow.".

Tomorrow came. Approximately 4 hours later, Ashley was. brutally executed, shot twice in the. back of her head. That is why the timing matters. The. evidence did not begin on February 16th. It had been building for months. The evidence begins with the life the. defendant was trying to leave. His. relationship with Aaliyah, his hatred. toward his wife. He started to plan.

He began thinking of ways to murder. Ashley and get away with it. He removed. his security cameras. The cameras were. registered to his email address. They. had been up at the home for years since. 2021. And suddenly, 20 days before Ashley's murder, they're. removed. They weren't even left up as a. deterrent. Mind you, this is an individual who.

stated he was so worried about someone. stealing his truck that he parked it in. a garage, moved a refrigerator to block. a door, and did a nightly security check. in the garage before going to bed. But. he doesn't lock the door from the house. from the garage to the house. He doesn't. block his truck and he leaves a loaded. firearm in the truck. There was a security camera in the very. spot that would have captured the. intruder. You heard from Detective.

Granada. It was at a perfect vantage. point, right by the television. You all. were in the home. That vantage point would be perfect to. capture those coming and going from the. garage and primary bedroom. The camera. again was taken offline just 20 days. before Ashley's execution. That same morning on February 16th, the. defendant was deleting apps on his phone. and attempted delet to delete his. messages. Now remember, the defendant is such a.

pathological liar that his defense. attorney had to admit that to you within. the first two minutes of her opening. statement. What are his three biggest lies? He told. investigators it was a normal night. He. told them his marriage was fine. and he. said he was asleep when he heard the. gunshots. He said he got up, went to check on. Ashley, found her shot twice in the. head. He didn't render aid. He didn't.

further assess her. He didn't hold her. in his arms. He simply shook her foot and later. called 911. When he called, he didn't ask for an. ambulance. He immediately started to supply his. explanation. Somebody broke into my home and shot my. wife. That is the story we have to examine. The defendant gave you a story and the. evidence gives you a way to test it.

Start with what the defendant told the. dispatcher. He did not simply report. that his wife had been shot. He said she had been shot twice in the. head. He said the garage door, beside. garage door was wide open. Those details don't matter. How did the defendant know there were. two shots to the head? How did he know. the garage door was wide open if he. later told investigators he had not gone. into the garage before police arrived?

Those are not technical questions. They are questions about what the. defendant knew. and when he knew it. He knew things that were unseen and. impossible to determine with only a g a. glance. The defendant had knowledge prior to. observation. Mr. Mulligan wants to say he knew about. the two shots because he heard two. cracks. How would he know she was even shot.

twice that one didn't miss? How would he know that she was shot. twice in the head and not one somewhere. else on her body? Dr. Casco, a forensic pathologist who. had conducted thousands of autopsies, didn't know Ashley was shot twice in her. head until he shaved her head. Dr. Casso further told you the entrance. wounds over overlapped. The defendant said early in the 911 call. that the side garage door was open, but. he told the police he hadn't been there,

been in the garage until they got there. How did he know these things? He knew about the door because he staged. it. It's part of his story. He damaged. the door. There was no intruder. People can lie. The evidence does not. change to accommodate those lies. The defendant said he was asleep. His. devices tell you otherwise. He said he heard gunshots, got up, went. to Ashley, discovered what had happened,

and called 911. Look at what his independent devices. recorded. What should you have seen in. that sequence? The first digital thing. you should have seen is the phone call. where it's calling 911. In the actual sequence, that's the last. thing you see. The defendant is moving around different. times throughout the night. The AirPods. show activity. At approximately 2:18,

the Apple Watch begins recording. sustained movement. Over roughly 10. minutes, the watch records 105 steps, continuing until approximately 2:28 a.m. Then the watch stops recording movement. His watch was removed 2 minutes before. he called 911. Who removes a watch as they run to their. spouse's aid or as they reach for their. phone to call 911 after finding their.

spouse with trauma to their head? The. watch wasn't knocked off his wrist. It. was carefully placed on the kitchen. counter. When we went through the crime scene. photos, I'm willing to guess.

that none of you thought this would be. one of the most important photos in this. entire investigation. Where's this photo taken from? Remember, right from the primary bedroom door. looking out to the garage. What's right there on the left placed. nicely on the counter? That's the defendant's watch. The watch was removed from the. defendant's wrist at 228. This is the same time the defendant said. he heard gunshots when you take his.

story back. This places the defendant in the most. critical part of the home. at the most critical time of this entire. investigation. If he is there to place a watch on the. counter, why didn't he stop the intruder? He is just 6 feet or so from the bedroom. door where his wife was executed. Take a minute, put yourself standing. right there where that watch is. This is.

right at the time when everything is. happening. By the defendant's own story, someone is coming in and out and. executing action. What would you see if you were standing. there at 2:28 a.m. on February 16th? You'd see it all. The defendant saw nothing. And that's. because the intruder is simply a story. If he was in his girl's room or sleeping. on the couch, whichever story of his you. want to go with now, how did his watch.

make it right there? It's because he was active when Ashley. was shot. active in the most important. part of the home. No one entered that. home. The defendant executed Ashley. The. AirPods are also active during this time. period. At approximately 2:30, the. defendant's phone comes off the charger. Shortly thereafter, the phone is. unlocked using defendant's Face ID. The. 911 call is uninitiated and connects at. approximately 2:31. Look at the data.

The defendant says he was asleep. His devices. show he was awake and moving.

You don't have to believe the devices. tell you every exact moment, every exact. movement that a penant made. They don't. But you do have to account for what they. actually recorded. And then the physical evidence joins. this digital evidence. The DNA, the. fingerprints, the door. The defendant tells you an unknown. person approached the home, forced the. side garage door open, moved through the. residence, obtained a firearm from the. truck, went to the primary bedroom, shot.

Ashley, and left. This is not a small. claim. It requires a real person to have. been there. All of this would have had to have. happened without alerting the dogs or. Ashley. You heard about the dogs. They're loud. They bark at everything. And they sleep. in the bedroom with Ashley. They even bark at Ashley's family, people known to them, when they're all. the way out in the driveway. You heard from over 100 years of law.

enforcement experience, that this door. right here is unlike any door they've. ever seen. You know that door was not forced open. from the outside. The door was unlocked. Look at the refrigerator. In the photos, there's a mountain of. stuff on top of that refrigerator, including a car mat sitting up there. balanced. How does that not fall off if. the door is forced open? Look in the.

freezer. Look at all the items in the. freezer. They're not leaning forward as. it forces applied. How about the baking. soda inside the refrigerator? You'll see. where baking soda's been spilled before. That thing gets knocked over. Not on February 15th and 16th. You heard from an FBI tool mark. examiner. There are nearly a dozen. distinct tool marks on the door and its. corresponding parts. You heard about the. direction of the tool marks and the. complete lack of any corresponding tool. marks you would find when a tool is used.

to pry open the door. You heard the hammer found in the garage. matched class characteristics from those. tool marks. The defense wants you to. believe it could have been any hammer. Ladies and gentlemen, use your common. sense. You know, hammers come in all. shapes and sizes. But the sizing of the one in the Flynn. residence, the sizing of those claws. from Sarah Stel, she told you those. measurements match perfectly. You heard the door must have been open.

for this tool mark damage to have been. caused. What kind of intruder damages a. door after they're already inside? That unknown intruder would need an. entire tool belt to carry all the types. of tools used on that door. It would have had to carry all those. tools but not bring their own firearm. This was not a burglary. Nothing was. missing. Not even Ashley's purse, which. was sitting right beside her bedside.

table, right where the individual had to. be when they executed her. You saw Detective Lieutenant Moore. attempt to open the door without the. door knob. It was impossible. How would. removing the door knob helped an. intruder gain entry? If that doorork. knob was removed on the outside after or. before the door had been forced open, why isn't the door knob outside? How's. the strike plate and screws get outside.

the doorork knob in the rose end up. inside? Tampering with that door by the. defendant was simply a big swinging. miss. So ask yourself, where is the evidence. of this intruder? Where's the evidence. that an unknown person approached the. house? that they entered from the outside, that they moved throughout the house, that they accessed the truck, that they. took the firearm,

that the gun was even in the truck that. night, that an unknown person left the. residence without being identified. the. police, the deputies, BCI, the FBI, the. ATF, they all looked, they investigated. the intruder explanation, and they didn't find an intruder. The neighbors cameras were operating, but they did not establish the approach. or departure of an unknown person. They. did, however, establish the approach of.

the responding officers. The defense wants your analysis to begin. with the missing gun. But that starts. this story in the middle. You cannot. start a story in the middle. Before you can take the gun, you have to. get in the house. Before you can take. the gun, you have to get into the. garage. You have to get into the truck. You have to execute Ashley. And you need. to get out of the home. Where is there.

any evidence of an intruder along that. pathway? Whose fingerprints and DNA were. found along the relevant areas? The. defense. No one else's. Not one unknown DNA profile. Not one. unknown fingerprint. Not even Ashley's. or the girls. Most important, the defendant's DNA is. on the exterior door knob of the side. garage door, the door at the center of. this case.

The door of the defendant directed law. enforcement towards the door that was. blocked by a refrigerator. A door, according to the defendant, they. never used. If that door is never used, how does the. defendant's DNA end up on the exterior. door knob? That's ignoring the fact that the. exterior doorork knob was on the ground. inside the garage.

The defendants and Ashley's blood was. mixed in the primary bathroom sink trap. just feet from where Ashley was. executed. How did it get there? Did the defendant clean up? The missing gun does not create an. intruder. A missing gun is simply a. missing gun. does not tell you who fired. it and it does not tell you who executed. Ashley. The person who fired the gun. executed Ashley. So don't ask yourself. where did the gun go.

Ask who was behind the gun. The. defendant had access to the firearm. The. Springfield 9mm he identified cannot be. eliminated based on the class. characteristics established by the. evidence in this case. The gun is. missing and we cannot tell you where it. went. The absence of the gun does not erase. the evidence that does remain. The defense has also taken issue with. gunshot residue or gsr. Senior special agent Hammond told you.

how fragile gsr is. Just placing your. hand in your pocket can remove it. We know Caleb's hands were in his. pocket. His pocket had his blood on. He. reached into his pocket to retrieve his. phone on officer GM Papa's body camera. footage. We also know the defendant entered the. primary bedroom while gunpowder was. airborne. He smelled it. Because of. that, it could simply be on him.

after running into that room. The defense wants to say that police. acted too quickly in this case. They. rushed a judgment. They said in opening. that the only thing law enforcement knew. about the defendant was that he had an. affair. After sitting through this case, you now. know that the affair wasn't even. confirmed by law enforcement until after. the defendant's arrest. Law enforcement knew a lot more.

Now, when talking about GSR, they also. want to argue. that the police should have rushed to. judgment sooner and immediately swabbed. the defendant's hands for GSR. They're arguing out of both sides of. their mouth. The defendant was crawling on the floor, hugging his blanket, and using his. phone. This action, too, would have. caused GSR to leave his hands. Simply put, GSR doesn't prove you fired.

a gun. and the police were making a big deal. out of the police asking him to wash his. hands. That was nearly 9 hours later after he. had fingerprint ink on his hands.

Mr. Mulligan completely mischaracterized. in his closing. the DNA evidence. on the lid of the truck console, the armrest console lid release button. The testimony you actually heard.

is that in the mixture, Caleb Flynn is. the major contributor to that mixture. That Ashley, Jill, Alyssa, and Ava were. not the major contributors, and that the remainder of this mixture. contains DNA that is not sufficient. quality for comparison to a standard. from whom? Any individual? Who is any individual? Any of us?

Caleb, Jill, Ashley, Alyssa, and Ava. That was completely mischaracterized to. you all. Let's talk about prior calculation and. design. You're going to hear instructions from. the judge. You've heard some of it today. already regarding prior calculation and. design. You're going to hear that. there's no time required. You have to. think about this for.

9 months. like the defendant did or a week or a. day or an hour or a minute. There's no. time on it. I submit to you that Ashley's position. in bed, she's laying on her side in the. fetal position, a sleep-like position, her arms under a pillow. She never. encountered an intruder. The fact that. someone walked up behind her and. executed her with two shots to the back. of her head is prior calculation and. design enough in and of itself.

That we don't even have to address the. nine months of planning from the. defendant. If someone can say they're going to kill. their wife and she's executed on the. same day that that individual says. they're going to divor divorce her and. the evidence places you right by her. when she is shot. Ladies and gentlemen, if that's not enough, there's going to be an awful lot of. killers getting off.

How is a drone search. remarkably small when it's flown in a. grid pattern to its absolute limit? How is that small? They're grasping at straws. There was no evidence presented in this. case about a polygraph. If one was. conducted, the results are not. admissible in this trial. You'd never. hear. The defendant said all the ammo for his.

hand can handgun was with it. Mr. Mulligan can talk about a hitman, Aaliyah, whomever he wants, but no one. approached the residence and no one got. through that door. The gun could still be in the house. Senior special agent Hammond told you he. would have to deconstruct the home to be. sure it was not in there. I submit to you all, if I told you. today, go hide a gun in your house,

you've got 9 months to plant it. Think. of where you hide it. Dogs can't smell it. If it's wrapped up, if it's in a wall or hidden somewhere. else where no scent can get out, they're. not going to get it. I submit to you, you all could do it. You could find a place in your home. The Snoop emails were deleted because. the defendant didn't want us to find his. affair. He did tell law enforcement.

about it. He was asked. about people who were upset with his. family. He, his wife, why didn't he tell them about Aaliyah? They're standing here today and arguing. it was Aaliyah. Didn't tell law. enforcement that. Because he did not want them to know. about his affair. Mr. Mulligan's right. Coincidence is. like winning the lottery. And Ashley being murdered on the day the. defendant wanted to divorce her.

It's like the defendant winning the. lottery, except he's so lucky. he won without even buying a ticket. An an alternative theory can live in the. imagination. It cannot live in this evidence. The defense can invent another place to. search, but they cannot invent evidence. connecting that place to Ashley's. murder.

The evidence gave investigators a. direction, and it kept pointing to the. defendant. You can chase a possibility anywhere, but you cannot make a possibility carry. evidence. The evidence in this case is not. scattered amongst a collection of. imaginary suspects. It is concentrated. on the person the defendant keeps asking. you to look past. the defendant. Did you all notice the defendant's. subconscious muscle memory while he was.

on the floor describing his firearms. after law enforcement first arrived. Talks about having some a rifle and a. shotgun in the closet. He points towards. it. He says, "Oh, and there's a gun in my center console.". And what's he do next? pulls the trigger twice. Subconscious muscle memory. His descriptions about his guns are also. telling. He knows all about the rifles.

in his closet, but the one that he. carries with him every day that lives in. his truck, the one he should know the. most about, he's very vague and becomes more and. more vague as time goes on. Why? because it incriminates him. Remember the body camera footage of the. 911 call? Where's his cough? He didn't cough once. that his cough is so bad that Ashley.

nicely. asked him to leave the bedroom and sleep. on the couch. Also, take note of the condition of that. bed where Ashley's laying. The bed that he wants you to believe, he. was asked to leave. His side of the bed was not disturbed. He was never in that bed that night. Now, the defense asked you to look at. Aaliyah Botner. You should. Law.

enforcement sure did. You heard what Aaliyah said about. Ashley. You heard the evidence of. hostility. You heard the evidence. concerning her relationship with the. defendant. You heard the communications. about leaving Ashley. the secrecy, the. deletion of messages, the chat GPT. screenshots, and the discussions about. what the defendant intended to do. Aaliyah was talking about divorce. The defendant meant murder. He told Aaliyah at 9:42 p.m. on February.

15th, "But if you want me to change my. mind, you have to tell me quick. You can easily change your mind on a. divorce. With the divorce, there is no. urgency. There's no urgency. for Caleb to know what Leah's thought. There is urgency when the defendant's. planning Ashley's murder. That is a. decision that can never be undone.

Where does the evidence show Leah was. that night? She was not at 932. Cunningham Court. She was in Dayton on. Hurst Drive. You saw her arrive at 12:14. a.m. and remain there until almost 10:00. a.m. the next day. You heard she wasn't. even taking steps until after 9:00 a.m. She couldn't even gone out the back. door. There was a gate at the driveway. You heard Pastor Jordan. He said the. cameras across the street would have. picked it up. We just watched video that. picked up motion from that same area. So.

ask yourself, who was at 9:32 a.m. Court? The defendant who was awake and. moving during the time he said an. intruder shot Ashley. The defendant. whose fingerprints and DNA are all over. this crime scene. The defendants. whose handprint was on the refrigerator. immediately in front of that tampered. door. Defendants.

Whose handprint was on the van that. Ashley washed in Troy just hours before? You know, defense made a big mistake. about you can't date a a fingerprint. We can date that one. We know his full hands right there on. that van just hours. before Ashley shot right by one of the. most important pieces of evidence, the. door he staged. Who had access to the gun? The.

defendant. Who identified a firearm that cannot be. eliminated as the type of firearm. involved in this case? The defendant, his own gun. Who needed the excuse of an intruder? Defendant. And where is the evidence of that. intruder? Wasn't that. Now ask yourself something else. On. February 14th, 2026, after the. defendant's messages to Aaliyah had been.

received without a response, who was pursuing who? Aaliyah had gone weeks without. communicating with the defendant. She had completely cut off communication. with him on January 11th. She wasn't responding when he reached. out. She didn't even respond when he. sent her that AI generated love song.

She set up a date with another man. She was even non-committal when. reapproached by the defendant. This relationship is not how the. defendant explained it. He's not. stringing Aaliyah along. He's desperate. for her to be back in his life. He. started spiraling. The defendant only got Aaliyah to. respond by sending a vague group message. to her and her boss, knowing the most. important thing to her was her job.

Who was trying to salvage that. relationship? Who was still pursuing the other person? Who had been rejected and couldn't stand. it? Who was stalking the other on social. media? And who was actually awake inside 932. Cunningham Court? You don't have to decide that Aaliyah's. conduct was acceptable. It wasn't. You don't have to erase what she said. You shouldn't.

But you do have to distinguish between. evidence that someone expressed hostile. thoughts and evidence that someone. actually committed this murder. We are not here only because of. someone's words. We are here because the. defendant put actions to those words. The defendant made decisions. Those decisions resulted in the death of. Alyssa's mother. That distinction matters. The defense cannot simply point to.

another person and make the evidence. against the defendant disappear. The defense wants you to believe it was. Aaliyah or some other unknown intruder. Anyone but the defendant. An intruder theory can't explain the. defendant's failing marriage. His. threats against Ashley Ashley. His. statements that actions will come. tomorrow. His deletion of information before. Ashley was killed. Him wiping his. devices. The fact that he was not.

asleep. The movement recorded by his own. devices. The defendant taking off his watch in. the kitchen. His knowledge before observation when he. called 911. for his changing story. Now, look at what the defendant tried to. control. He's deleting information, wiping devices, removing applications, discussing ways to avoid leaving a. trail, and attempting to control. information about his life.

You cannot erase every record a device. has already created. You cannot erase. physical evidence. He deleted the Gruty application off his. phone shortly before Ashley was. executed. Look what you all learned from. the messages contained within Ruby. He. took steps to make sure you would not. see them. But you did. They revealed the hidden in secret Caleb. Flynn, the one who needs the excuse of. an intruder to avoid accountability for. what he did to Ashley.

When the defendant's secrets are. revealed, an entirely different picture. comes into focus on what happened to. Ashley. He was trying to hide it. and he got caught. The defense wants you to ignore all the. evidence and just go with what they say. To ignore the evidence and just take. their word. You cannot erase all the evidence you. have seen the past 8 days. People lie. Evidence doesn't.

You heard from the canine handler. The. only scent was pulling him back towards. the house to the inside where the. defendant tampered with the door and. shot and killed his wife. The only. footprints observed in the yard were the. canine's paw prints and the footprints. of the handler himself. Nothing from an intruder. This was not a burglary gone wrong. This. was a poorly staged breakin and a. premeditated killing by the defendant. The positioning of Ashley tells you all.

you need to know for prior calculation. and design. She was not killed during a. struggle. She was executed in her sleep. The defendant's messages pile on the. prior calculation and design. He had. been planning this for at least 9. months. Next, consider what happened after the. shooting. This is the first moment the. defendant completely lost control. He. called 911 and immediately supplied the. intruder explanation. He said Ashley had. been shot twice in her head, that the.

garage door was open, that he had been. asleep. He wasn't worried about trying. to save his wife. He didn't hold her. tight, attempt to render aid. He was. worried about putting a shirt on. before medics arrived. He simply paced in the bedroom. He. didn't even check on his two young. daughters until the 911 dispatcher asked. him to for the third time. He doesn't grab one of his guns from the. closet to protect himself or his. children. Why? Because there was no.

intruder. He knew it. He was the one they needed protection. from. Now, step back and look at the totality. of all this, everything we've seen and. heard. You have the defendant's own. words. You have the communications with. Aaliyah. You have his hatred towards his. wife. You have his plan to leave. You. have the deletion of information. You have a statement of action for. tomorrow. Then you have the independent record.

The defendant was careful in attempting. to delete his digital footprint. But he didn't consider his digital. exhaust. The things your technology is. documenting without your awareness. You. have the AirPods activity, the Apple. Watch movement, 105 steps by the. defendant. during the time of the shooting. You have a watch stopping in the kitchen. at 2:28 a.m. 2 minutes before he calls. 911. Right on the counter at the time.

and near where the alleged intruder. would have been sneaking in and out. The watch came off at a time the. defendant told police he was asleep. You. have Face ID, the 911 call, the stage. door. You have the defendant's bleeding. hands. Remember that photo? You don't start bleeding in the night. while sleeping. But you very well might start bleeding. while staging a door with tools in. attempt to argue later it was forced.

open. You have the defendant awake in the. house. You have his access to the. firearm. Evidence is what you should take into. that room right there. Not a story, especially a story from someone as. deceptive as the defendant. The defense asks you to look at what is. missing. The messages aren't missing. The threats. to kill Ashley are not missing. The vice.

records aren't missing. The physical. evidence isn't missing. The 911 call. isn't missing. The contradictions aren't. missing. The defendant's statements. aren't missing. What is the evidence. establishing an intruder? Don't ask yourself whether you can. imagine an intruder. Ask where the. evidence of that intruder is. Don't ask only what the defendant said. Ask whether what he said fits the. evidence. And don't isolate the pieces.

Follow the evidence in totality. Don't. let one single item be isolated. Can't. explain away. When you look at what was. found and what was not found and how. those pieces fit together, the story. comes full circle. The evidence never. pointed to an intruder. It pointed to. the defendant. The defendant said actions will come. tomorrow. Tomorrow came. Ashley was. dead. The defendant was a victim. He had. his place in the church. He had his. girls full-time. He got to keep his.

assets, collect on Ashley's life insurance. policy, and keep his lucrative job. The defense said it best in their. opening. True justice can only be built. on a firm foundation of evidence, not. speculation, assumptions, hollow. circumstantial evidence, convenience, or. a rush to a conclusion. Caleb's victim status didn't last long. Law enforcement was investigated. The. police, the deputies, BCI, the FBI, ATF,

the forensic pathologist, digital. forensic and criminal analysts, and many. more were immediately hard at work. The. evidence they uncovered is inescapable. for the defendants. In the hours after Ashley was murdered, the defendant was not mourning the death. of his wife. He was whispering to his. mistress. Didn't happen the way we thought it. would. Did it? That certainly doesn't sound like a. victim. Does it Does that sound like.

someone talking about an intruder or. does it sound like someone who is in. control? I am confident after you deliberate, your verdict will tell the world this. case did not end the way the defendant. thought it would either. The defendant. wanted a new life. He wanted Ashley out. of that life and he didn't want to face. the consequences of making the choice to. pursue a divorce. He had a lawful way to. leave, but he was too greedy.

Ashley paid the ultimate price for that. choice. The defendant wanted them tomorrow. Ashley never got one. The defendant made. his choice. Ashley. lost her life. Ava and Alyssa lost their mom. Todd and Jill lost their daughter. And Caleb lost her only sister. But the truth was not taken from them.

It remained in the evidence left behind. Now, the choice doesn't belong to the. defendant, belongs to all of you. The. evidence is clear. Follow it and give. Ashley the one thing she can no longer. give herself, the voice. Return guilty verdicts on all charges. The only verdict that holds the. defendant accountable for what the. evidence proves he did.

The bottom line is. he did. >> Thank you, Mr. Watkins. Ladies and. gentlemen, the jury, it's a time in the. trial where the court will instruct you. on the law. I anticipate that this is. going to be rather long instruction. So, at this point, we're going to take a. midm morning break, come back on the. record at 11:00 a.m., and the court will. instruct you at that time.

Um during this recess, of course, as. I've always uh instructed you, do not. discuss this case amongst yourselves. Do. not allow anybody to discuss it in your. presence. Do not form any opinion until. it's finally submitted to all of you and. you're in that jury room. Again, do not. converse with any of the attorneys, the. parties or witnesses in this case. Likewise, they cannot uh converse with. you. We'll see you all back at 11:00. a.m. We're off the record.

Ladies and gentlemen, the jury, Please. have a seat.

It's time for me to instruct you on the. law in this case. I am providing you each with a copy of. the jury instructions so you can read. along with the court as well as the. monitors have the jury instructions. published if you if you like to um read. in that fashion. Also, copies have been. provided to um councel as well. So,

let's begin. In the common police court of Miami. County, Ohio, general division, case. number 26 CR88, state of Ohio, plaintiff. versus Caleb C. Flynn, defendant. These. are the jury instructions before. honorable Janina and Pratt. uh. appearances by prosecuting attorneys. Paul Watkins, Bailey Arnett, and Matthew. Joseph, um defense attorneys El Patrick. Mulligan, and Emily Smith.

Members of the jury, you have now heard. the evidence and the arguments of. counsel. The court and the jury have. separate functions. You decide this the. disputed facts and the court provides. you with the instructions of law. It is. your sworn duty to accept these. instructions and to apply the law as. it's given to you. You are not permitted. to change the law, nor to apply your own. idea of what you think the law should. be. The case before you begins with the. filing of an indictment. The indictment.

informs the defendant that he has been. charged with a certain offense. You may. not consider the fact that it was filed. for any purpose. A plea of not guilty is. a denial of the charge and puts at issue. all the essential elements of each. offense. Burden of proof. The defendant is. presumed innocent until his guilt is. established beyond a reasonable doubt. The defendant must be acquitted unless. the state produces evidence which.

convinces you beyond a reasonable doubt. of every essential element of the. offenses charged in the indictment. Reasonable doubt. Reasonable doubt is. present when after you have carefully. considered and compared all the. evidence, you cannot say you are firmly. convinced of the truth of the charge. Reasonable doubt is a doubt based upon. reason and common sense. Reasonable. doubt is not mere possible doubt because.

everything relating to human affairs or. depending on moral evidence is open to. some possible or imaginary doubt. Proof. beyond a reasonable doubt is proof of. such character that an ordinary person. would be willing to rely and act upon it. in the most important of the person's. own affairs. Evidence and inference. Evidence is all. the testimony received from the. witnesses, the exhibits admitted during. the trial, facts agreed to by counsel,

and any facts which the court requires. you to accept as true. You may consider. both direct and circumstantial evidence. You must decide from all the direct and. circumstantial evidence taken together. whether the state has proven all the. elements of the charged offense offenses. beyond a reasonable doubt. Either direct. or circumstantial evidence may prove any. fact in this case.

Direct evidence. Direct evidence is the. testimony given by a witness who has. seen or heard the facts about which the. witness testifies. It includes exhibits. emitted into evidence during the trial. and stipulations that you were. instructed to accept as fact. Circumstantial evidence. Circumstantial. evidence is the proof of facts or. circumstances by direct evidence from. which you may reasonably infer other. related or connected facts that.

naturally and logically follow according. to the common experience of people. To. infer or to make an inference is to. reach a reasonable conclusion or. deduction of fact that you may but are. not required to make from other facts. that you find have been established by. direct evidence. You may infer a fact or. facts or reach a reasonable conclusion. about a fact or facts only from other.

facts or circumstances that have been. proved by the greater weight of the. evidence. Whether an inference is made. rest entirely with you. The evidence does not include any. statement made by councel during trial. unless such statement was an emission or. agreement of certain facts. The opening statements and closing. arguments are not evidence. They are. designed to assist you in evaluating. that evidence.

The evidence does not include any. statements that were stricken by the. court or that you were instructed to. disregard. You must not speculate why an. objection was sustained to any question. or what the answer to that question. might have been because these are. questions of law and rest solely with. the court. Credibility. You are the sole judges of the facts, the credibility and believability of the. witnesses and the weight of the. evidence. To weigh the evidence, you.

must consider the credibility and. believability of the witnesses. You will. apply the test of truthfulness that you. use in your daily lives. These tests include appearance of each. witness upon the stand, the witness's. manner of testifying, the reasonleness. of the testimony, the opportunity the. witness had to see, hear, and know the. things about which the witness. testified, and the witness's accuracy of. memory, frankness, or lack of it,

intelligence, intelligence, interest, and bias if any, together with all the. facts and circumstances surrounding the. testimony. Use these tests and assign to each. witness's testimony such weight as you. think proper. You are not required to. believe the testimony of any witness. simply because the witness was under. oath. You may believe or disbelieve all. or any part of the testimony of any.

witness. It is your duty to decide what. testimony to believe and what testimony. not to believe. The testimony of one. witness, if believed by you, is. sufficient to prove any disputed fact. Exhibits. A number of exhibits and the testimony. relating to them have been introduced. throughout the trial. You will decide. what weight, if any, the exhibits should. be given in light of all the evidence.

These exhibits may include, but are not. limited to, documents, reports, video. and audio exhibits, and other physical. items. The numbering or lettering of the. exhibits that you take into the jury. room may not follow consecutively. There are several reasons for this. An. exhibit may not have been submitted by. the party who produced it during the. trial or the court may not have admitted. an exhibit because of a legal or. procedural reason or ruling. Do not draw.

any inference because you do not have a. particular exhibit. You will have in the jury room with you. the the verdict forms and all the. exhibits received into evidence during. the course of the trial. You will not be. given any other exhibits during your. deliberations. Defendant. It is not necessary that the. defendant take the witness stand in his. own defense. He has a constitutional.

right not to testify. The fact that he. did not testify must not be considered. for any purpose. Audio tape. Videotape. Audio tape and videotape recordings and. testimony have been introduced into. evidence. You shall consider whether the. audio tape and videotape are true are a. true record of what transpired at the. time it was taken. If you find that it. is, you will then determine what weight,

if any, the audio tape and videotape. should receive should receive in light. of all the evidence. Expert witness. Generally, a witness may not express an. opinion. However, one who follows a. profession or special line of work may. express his opinion because of his. education, knowledge, and experience. Such testimony is emitted for whatever. assistance it may provide to help you.

arrive at a verdict. However, as with. other witnesses, upon you alone rests. the duty of deciding what weight should. be given to the testimony of the expert. In determining what weight, you may take. into consideration his skill, experience, knowledge, veracity, familiarity with the facts of the case, and the usual rules for testing. credibility and determining the weight. to be given to the to the testimony.

weapon. It is not necessary that the. state produce the actual weapon for any. offense or specification. Multiple counts. The defendant is. charged with nine separate accounts in. the indictment. Count one is a charge of. aggravated murder. Count two, three, four are charges of murder. Count five, and six are charges of felonious. assault. Counts seven, eight, and nine.

are charges of tampering with evidence. If you find that the state proved beyond. a reasonable doubt all the essential. elements of any one or more of the. offenses charged in the separate counts. in the indictment, your verdict must be. guilty as to such offense or offenses. according to your findings. If you find. that the state failed to prove beyond a. reasonable doubt any one of the. essential elements of any one or more of.

the offenses charged in the separate. counts in the indictment, your verdict. must be not guilty as to such offense or. offenses according to your findings. The. charges set forth in each account, I'm. sorry, the charges set forth in each. count in the indictment constitute a. separate and distinct matter. You must. consider each account and the evidence. applicable to each count separately, and. you must state your findings as to each.

count uninfluenced. by your verdict as to any other count. The defendant may be found guilty or not. guilty of any one or all of the offenses. charged. The same death may constitute more than. one form of murder. You must consider. each murder count separately and return. a separate verdict on each count. Count one, aggravated murder. Before you.

can find Caleb Flynn guilty of. aggravated murder, you must find beyond. a reasonable doubt that on or about the. 16th day of February, 2026. and in Miami County, Ohio, that. defendant Caleb Flynn. did purposely. and with prior calculation and design. cause the death of another, to wit. Ashley Flynn, against the peace and.

dignity of the state of Ohio. Purposely. purpose. Purp purpose is an essential. element of the offense of aggravated mur. murder. A person acts purposely when it. is his specific intention to cause a. certain result. It must be established. in this case that at the time in. question there was present in the mind. of the defendant a specific intention to. cause the death of another, that being. Ashley Flynn. Purpose is a decision of.

the mind. To do an act with a conscious. objective of producing a specific. result. To do an act purposely is to do. it intentionally and not accidentally. Purpose and intent mean the same thing. The purpose with which a person does an. act is known only to himself unless he. expresses it to others or indicates it. by his conduct. The purpose with which a. person does an act or brings about a.

result is determined from the manner in. which it is done. The means or weapon. used and all the other facts and. circumstances and evidence. Prior calculation and design. Prior. calculation and design means that the. purpose that the purpose to cause the. death was reached by a definitive or. definite pro process of reasoning in. advance of the homicide. Which process. of reasoning must have included a mental.

plan involving studied consideration of. the method and the means or instrument. with which to cause the death. to. constitute prior calculation. There must. have been sufficient time and. opportunity for the planning of an act. of homicide and the circumstances. surrounding the homicide must show a. scheme designed to carry out the. calculated decision to cause the death. No definite period of time must elapse.

and no particular amount of. consideration must be given. But acting. on the spur of the moment or after mo. momentary consideration of the purpose. to cause the death is not sufficient. Cause Cause is an essential element of. the offense of aggravated murder. Cause. is an act which strictly produces the. death of another and without which it. would not have occurred. Summary as to count one.

If you find the state proved beyond a. reasonable doubt all the essential. elements of count one aggravated murder, then your verdict must be guilty as to. that charge. If your verdict is guilty. to count one aggravated murder, you will. then consider the firearm specification. as to count one below. If you find that. the state failed to prove beyond a. reasonable doubt any one of the. essential elements of count one. aggravated murder, then your verdict.

must be not guilty. If your verdict is. not guilty as to count one, aggravated. murder, you will not consider the. firearm specification as to count one. Firearm specification as to count one. If your verdict is guilty as to count. one, aggravated murder, you will. separately decide whether the state has. proven beyond a reasonable doubt the. firearm specification attached to count. one. That is, the state must establish.

that while committing aggravated murder, Caleb Flynn had a firearm on or about. his person or under his control and. displayed the firearm, brandished it, indicated that he possessed it, or used. it to facilitate the aggravated murder. A firearm means any deadly weapon. capable of expelling or propelling one. or more projectiles by the action of an. explosive or combustible propellant. A.

firearm includes a an unloaded firearm. and any firearm which is inoperable but. which can be readily rendered operable. When deciding whether a firearm is. capable of expelling or propelling one. or more projectiles by the action of an. explosive or combustible propellant, you. may rely on circumstantial evidence, including but not limited to the. statements and actions of the individual.

exercising control over the firearm. Deadly weapon means any instrument, device or thing capable of inflicting. death and designed or specially adapted. for use as a weapon or possessed, carried or used as a weapon. To have a firearm on or about the. defendant's person or under the. defendant's control means that the. firearm was on the defendant's person or. so near the defendant as to be.

conveniently accessible and within the. def defendant's immediate physical. reach. Brandish means to wave or exhibit. in a menacing or challenging way. Possession is a voluntary act if the. possessor knowingly procured or received. the firearm or was aware of his control. thereof for a sufficient period of time. to have ended his possession. A person has possession when he knows. that he has the object on or about his.

person or property or places. it where it is accessible to his use or. direction and he has the ability to. direct. or control its use. If you find that the state proved beyond. a reasonable doubt all the essential. elements of the firearm specification as. to count one aggravated murder, then. your verdict must be guilty as to that. specification.

If you find that the state failed to. prove beyond a reasonable doubt any of. the essential elements of the firearm. specification as to count one aggravated. murder, then your verdict must be not. guilty to that specification. Count two, murder. Before you can find Caleb Flynn guilty. of murder, you must find beyond a. reasonable doubt that on or about the. 16th of February, 2026, and in Miami. County, Ohio, that Caleb Flynn purposely.

caused the death of Ashley Flynn against. the peace and dignity of the state of. Ohio. Purposely. Purpose is an essential. element of the offense of murder. A. person acts purposely when it is his. specific intention to cause a certain. result. It must be established in this. case that at the time in question there. was present in the mind of the defendant. a specific intention to cause the death. of another that being actually flint.

Purpose is a decision of the mind to do. an act with a conscious objective of. producing a specific result. To do an. act purposely is to do it intentionally. and not accidentally. Purpose and intent mean the same thing. The purpose with which a person does an. act is known only to himself unless he. expresses it to others or indicates it. by his conduct. The purpose with which a. person does an act or brings about a. result is determined from the manner in. which it is done, the means or weapon.

used and all the other facts and. circumstances and evidence. Cause the state charges that the act of. the defendant caused death. Cause is an. essential element of the offense. Cause. is an act that directly produces the. death to a person and without which it. would not have occurred. Summary as to count two. If you find the. state proved beyond a reasonable doubt. all the essential elements of count two.

murder, then your verdict must be guilty. as to that charge. If your verdict is. guilty to count two murder, you will. then consider the firearm specification. as to count two below. If you find that the state failed to. prove beyond a reasonable doubt any one. of the essential elements of count two. murder, then your verdict must be not. guilty. If your verdict is not guilty as. to count to murder, you will not.

consider the firearm specification to. count two. Firearm specification as to. count two. If your verdict is guilty as. to count two, murder, you will. separately decide whether the state has. proven beyond a reasonable doubt the. firearm specification attached to count. two. That is, the state must establish. that while committing murder, Caleb. Flynn had a firearm on or about his. person or under his control and. displayed the firearm, brandished it,

indicated that he possessed it or used. it to facilitate the murder. A firearm. means any deadly weapon capable of. expelling or propelling one or more. projectiles by the action of an. explosive or combustible propellant. A. firearm includes an unloaded firearm and. any firearm which is inoperable but. which can be readily rendered operable. When deciding whether a firearm is. capable of expelling or propelling one.

or more projectiles by the action of an. explosive or combustible propellant, you. may rely on circumstantial evidence, including but not limited to the. statements and actions of the individual. exercising control over the firearm. Deadly weapon. Deadly weapon means an. instrument, device, or thing capable of. inflicting death and designed or. specially adapted for use as a weapon or. possessed, carried, or used as a weapon.

To have a firearm on or about the. defendant's person or under the. defendant's control means that the. firearm was on the defendant's person or. so near the defendant as to be. conveniently accessible and within the. defendant's immediate physical reach. Brandish means to have means to wave or. exhibit in a menacing or challenging. way. Possession is a voluntary act if. the possessor knowingly procured or. received the firearm or was aware of his.

control thereof for a sufficient period. of time to have ended his possession. A. person has possession when he knows that. he has the object on or about his person. or property or places it where it is. accessible to his use or direction and. he has the ability to direct or control. its use. If you find that the def if the if you. find that the state proved beyond a. reasonable doubt all the essential. elements of the firearms specification.

as to count two murder, then your. verdict must be guilty as to that. specification. If you find that the state failed to. prove beyond a reasonable doubt any of. the essential elements of the firearm. specification as to count two murder, then your verdict must be not guilty to. that specification. Count three, murder, felony murder, felonious.

assault, serious physical harm. Before. you can find Caleb Flynn guilty of. murder here and after felony murder, felonious assault, serious physical. harm, you must find beyond a reasonable. doubt that honor about the 16th day of. February, 2026, and in Miami County, Ohio, that Caleb Flynn caused the death. of Ashley Flynn as a approximate result. of committing or attempting to commit. the offense of felonious assault,

serious physical harm, and violation of. section 2903.11A1. of the Ohio Revised Code, an offense of. violence. Cause the state charges that. the act of the defendant caused the. death of Ashley Flynn. Cause is an. essential element of the offense. Cause. is an act which in which in a natural. and continuous sequence directly. produces an event such as the death of a.

person and without which it would not. have occurred. A defendant's. responsibility is not limited to the. immediate or most obvious result of the. defendant's act or failure to act. The. defendant is also responsible for the. natural and foreseeable consequences. that follow in the ordinary course of. events from the act. Before you can find the defendant is. guilty of felonious assault, serious. physical harm, you must find beyond a.

reasonable doubt that on or about. February 16th, 2026. And in Miami. County, Ohio, the defendant, Caleb. Flynn, knowingly caused serious physical. harm to Ashley Flynn. Knowingly. A. person acts knowingly regardless of. purpose when he is aware that his. conduct will probably cause a certain. result or he is aware that his conduct. will probably be of a certain nature. A. person has knowledge of circumstances.

when he is aware that such circumstances. probably exist. Knowingly also means. that a person is aware of the existence. of the facts and that his acts will. probably cause a certain result or be of. a certain nature. Since you cannot look. into the mind of another, knowledge is. determined from all the facts and. circumstances and evidence. You will. determine from these facts and. circumstances whether there existed at. the time in the mind of the defendant an. awareness of the probability that his.

conduct could cause serious physical. harm to Ashley Flint. Serious physical harm. Serious physical harm to persons means. any of the following. Any mental illness. or condition of such gravity as would. normally require hospitalization or. prolong psychiatric treatment. Two, any. physical harm that carries a substantial. risk of death.

It says two again, but any physical harm. that this would be normally three. any. physical harm that involves some. permanent incapacity, whether partial or. total, or that involves some temporary. substantial incapacity. Three, any physical harm that involves. some permanent disfigurement or that. involves some temporary serious. disfigurement. Or lastly, four, any physical harm that. involves acute pain of such duration as.

to result in substantial suffering or. that involves any degree of prolonged or. intractable pain. Summary as to count three. If you find. that the state state proved beyond a. reasonable doubt all the essential. elements of count three murder, felony. murder, felonious assault, serious. physical harm, then your then your. verdict must be guilty as to that. charge. If your verdict is guilty to. count three, murder, felony murder,

felonious assault, serious physical. harm, you will then consider the firearm. specification. to count three below. If you find that the state failed to. prove beyond a reasonable doubt any one. of the essential elements of count. three, murder, felony murder, felonious. assault, serious physical harm, then. your verdict must be not guilty. If your. verdict is not guilty as to count three, murder, felony murder, felonous assault,

serious physical harm, you will not. consider the firearm specification as to. count three. firearm specification as to count three. If your verdict is guilty as to count. three, murder, felony murder, felonious. assault, serious physical harm, you will. separately decide whether the state has. proven beyond a reasonable doubt the. firearm specification attached to that. count. That is, the state must establish. that while committing murder, felony.

murder, Florence assault, serious. physical harm, Caleb Flynn had a firearm. on or about his person, or under his. control, and displayed the firearm, brandished it, and indicated that he. possessed it or used it to facilitate. the murder, felony murder, felonious. assault, serious physical harm. A. firearm means any deadly weapon capable. of expelling or propelling one or more. projectiles by the action of an. explosive or combustible propellant. A.

firearm includes an unloaded firearm and. any firearm which is inoperable, but. which can be readily rendered operable. When deciding whether a firearm is. capable of expelling or propelling one. or more projectiles by the action of an. explosive or combustible propellant, you. may rely on circumstantial evidence, including but not limited to the. statements and actions of the individual. exercising control over the firearm. Deadly weapon means any instrument,

device or thing capable of inflicting. death and designed or specially adapted. for use as a weapon or possessed, carried or used as a weapon. To have a. firearm on or about the defendant's. person or under the defendant's control. means that the firearm was on the. defendant's person or so near the. defendant as to be conveniently. accessible and within the defendant's. immediate physical reach. Brandish means.

to wave or exhibit in a menacing or. challenging way. Possession is a. voluntary act if the possessor knowingly. procured or received the firearm or was. aware of his control thereof for. sufficient period of time to have ended. his possession. A person has possession. when he knows that he has the object on. or about his person or property or. places it where it is accessible to his. use or direction and he has the ability. to direct or control its use.

If you find that the state proved beyond. a reasonable doubt all the essential. elements of the firearm specification to. count three murder, felony murder, felonious assault, serious physical. harm, then your verdict must be guilty. as to that specification. If you find. that the state failed to prove beyond a. reasonable doubt any of the essential. elements of the firearm specification to. count three, murder, felony murder, felonious assault, serious physical.

harm, then your verdict must be not. guilty to that specification. Count four, murder, felonious assault, physical harm by means of a deadly. weapon. Before you can find Caleb Flynn. guilty of murder here and after, felony. murder, felonous assault, physical harm. by means of deadly weapon, you must find. beyond a reasonable doubt that on or. about the 16th day of February, 2026, and in Miami County, Ohio, that Caleb.

Flynn caused the death of Ashley Flynn. as a proximate result of committing or. attempting to commit felonious assault, physical harm by means of a deadly. weapon in violation of section 2903.11. A2 of the Ohio Revised Code, an offense. of violence. Cause. the state charges that the act of the. defendant caused the death of Ashley.

Flynn. Cause is an essential element of. the offense. Cause is an act which is. which in a natural and continuous. sequence directly produces an event such. as the death of a person and without. which it would not have occurred. Proximate result means that the death. must be a direct, natural, reasonably. foreseeable consequence of the. defendant's conduct as opposed to an. extraordinary or surprising consequence.

when viewed in light of ordinary. experience. A defendant's responsibility. is not limited to the immediate or most. obvious result of the defendant's act or. failure to act. Defendant is also. responsible for the natural and. foreseeable consequences that follow and. the ordinary course of events from the. act. Before you can find the defendant guilty. of felonious assault, that being um physical harm by means of. a deadly weapon, you must find beyond.

reasonable doubt that on or about. February 16th, 2026, and in Miami. County, Ohio, the defendant, Caleb. Flynn, knowingly caused or attempted to. cause physical harm. to Ashley Flynn by means of a deadly. weapon. Knowingly. A person acts knowingly regardless of. purpose when he is aware that his.

conduct will probably cause a certain. result or he is aware that his conduct. will probably be of a certain nature. A. person has knowledge of circumstances. when he is aware that such circumstances. probably exist. Knowingly also means. that a person is aware of the existence. of the facts and that his acts will. probably cause a certain result or be of. a certain nature. Since you cannot look. into the mind of another, knowledge is. determined from all facts and.

circumstances and evidence. You will. determine from these facts and. circumstances whether there existed at. the time in the mind of the defendant an. awareness of the probability that his. conduct could cause physical harm to. Ashley Flynn. Physical harm. Physical. harm means any injury, illness, or other. physiological impairment regardless of. its gravity or duration. Attempt. An attempt is to cause physical.

harm occurs when a person engages in. conduct that if successful would. constitute or result in the offense. Deadly weapon. Deadly weapon means any. instrument, device or thing capable of. inflicting and designed or specially. adapted for use as a weapon or. possessed, carried or used as a weapon. Summary has to count four. If you find. the state proved beyond a reasonable.

doubt, all the essential elements of. count for murder, felony murder, felonious assault, physical harm by. means of a deadly weapon, then your. verdict must be guilty as to that. charge. If your verdict is guilty to. count four, murder, felony murder, florence assault, physical harm by means. of a deadly weapon, you will then. consider the firearm specification as to. count four below. If you find that the. state failed to prove beyond a. reasonable doubt any one of the.

essential elements of count four murder, felony murder, felonous assault, physical harm by means of a deadly. weapon, then your verdict must be not. guilty. If your verdict is not guilty as. to count for murder, felony murder, flawless assault, physical harm by means. of a deadly weapon, you will not. consider the firearm specification as to. count for. firearm specification to count for. If. your verdict is guilty as to count for.

murder, felony murder, felonious. assault, physical harm by means of a. deadly weapon, you will separately. decide whether the state has proven. beyond a reasonable doubt the firearm. specification attached to that count. That is, the state must establish while. committing murder, felony murder, florence assault, physical harm by means. of a deadly weapon. Caleb Flynn had a. firearm on or about his person or under. his control and displayed the firearm,

brandished it, indicated he possessed. it, or used it to facilitate the murder, felony murder, felonious assault, physical harm by means of a deadly. weapon. A firearm means any deadly. weapon capable of expelling or. propelling one or more projectiles by. the action of an explosive or. combustible propellant. A firearm includes an unloaded firearm. and any firearm which is inoperable but. which can be readily rendered operable.

When deciding whether a firearm is. capable of expelling or propelling one. or more projectiles by the action of an. explosive or combustible propellant. You. may rely on circumstantial evidence, including but not limited to the. statements and actions of the individual. exercising control over the firearm. Deadly weapons means any instrument, device, or thing capable of inflicting.

death and designed or specially adapted. for use as a weapon or possessed, carried, or used as a weapon. To have a. firearm on or about defendant's person. or under the defendant's control means. that the firearm was on the defendant's. person or so near the defendant as to be. conveniently accessible and within the. defendant's immediate physical reach. Brandish means to wave or exhibit in a.

menacing or challenging way. Possession. is a voluntary act if the possessor. knowingly procured or received a firearm. or was aware of his control thereof for. a sufficient period of time to abandoned. his possession. A person has possession. when he knows that he has the object on. or about his person or property or. places it where it is accessible to his. use or direction and he has the ability. to direct or control its use. If you.

find that the state proved beyond a. reasonable doubt all the essential. elements of the firearm specification to. count for murder, felony murder, fluence. assault, physical harm by means of a. deadly weapon, then your verdict must be. guilty as to. those specifications. If you find that the state failed to. prove beyond reasonable doubt any of the. essential elements of the firearm. specification to count for murder,

felony murder, felonous assault, physical harm by means of a deadly. weapon, then your verdict must be not. guilty to that specification. Count five, the defendant is charged. with felonious assault, serious physical. harm. Before you can find defendant. guilty, you must find beyond a. reasonable doubt that on or about the. 16th day of February, 2026. And in Miami County, Ohio, the defendant. knowingly caused serious physical harm.

to another person to Ashley Flynn. against the peace and dignity of the. state of Ohio. Knowingly. A person acts knowingly. regardless of purpose when the person is. aware that the person's conduct will. probably cause a certain result or will. probably be of a certain nature. A. person has knowledge of circumstances. when the person is aware that such. circumstances probably exist. Since you cannot look into the mind of.

another, knowledge is determined from. all the facts and circumstances in. evidence. You will determine from these. facts and circumstances whether there. existed at the time in the mind of the. defendant an aware an awareness of the. probability that his conduct could cause. serious physical harm to Ashley Flynn. Cause cause is an essential element of. the offense. causes an act which in a. natural and continuous sequence sequence. directly produces the serious physical.

harm to a person and without which it. would not have occurred. Serious. physical harm. Serious physical harm to. persons means any of the following. And. numerically this is out of um order, but. as to the first one, any mental illness. or condition of such gravity as would. normally require hospitalization or. prolonged psychiatric treatment. Any. physical harm that carries a substantial.

risk of death. any fiscal harm that. involves some permanent incapacity, whether partial or total, or that. involves some temporary substantial. incapacity. any physical harm that involves some. permanent dis disfigurement or that. involves some temporary serious dis. disfigurement. or any physical harm that involves acute. pain of such duration as to result in.

substantial suffering or that involves. any degree of prolonged or intractable. pain. Summary as to count five. If you find the state proved beyond a. reasonable doubt all the essential. elements of the offense of felonious. assault, serious physical harm to. and count five, then you must find the. defendant guilty as to that charge. If. your verdict is guilty as to count five, flowing assault, serious physical harm,

you will then consider the firearm. specification below to count five below. If you find that the state failed to. prove beyond a reasonable doubt any one. of the essential elements of count five. felonous assault serious physical harm. then your verdict must be not guilty. If. your verdict is not guilty as to count. five flownous assault serious physical. harm you will not consider the firearm. specification to count five. Firearm specification as to count five.

If your verdict is guilty as to count. five, Florence assault serious physical. harm, you will separately decide whether. defense the state has proven beyond a. reasonable doubt the firearm. specification attached to count five. That is, the state must establish that. while committing a florious assault, serious physical harm, Caleb Flynn had a. firearm on or about his person or under. his control and displayed the firearm, brandished it, indicated that he. possessed it or used it to facilitate.

the flown assault, serious physical. harm. A firearm means any deadly weapon. capable of expelling or propelling one. or more projectiles by the action of an. explosive or combustible propellant. A. firearm includes an unloaded firearm and. any firearm which is inoperable, but. which can be readily rendered operable. When deciding whether whether a firearm. is capable of expelling or propelling. one or more projectiles.

by the action of an explosive or. combustible propellant, you may rely on. circumstantial evidence, including but. not limited to the statements and. actions of the individual exercising. control over the firearm. Deadly weapon. means any instrument, device or thing. capable of inflicting death and designed. or specially adapted for use as a weapon. or possessed, carried or used as a. weapon. To have a firearm on or about.

the defendant's person or under the. defendant's control means that the. firearm was on the defendant's person or. so near the defendant as to be. conveniently accessible and within the. defendant's immediate physical reach. Brandish means to wave or exhibit in a. menacing or challenging way. Possession is a voluntary act if the. possessor knowingly procured or received. the firearm or was aware of his control. thereof for a sufficient period of time.

to have ended his possession. A person. has possession when he knows that he has. the object on or about his person or. property or places it where it is. accessible to his use or direction and. he has the ability to direct or control. its use. If you find that the state proved beyond. a reasonable doubt all the essential. elements of the firearm specification to. count five felonious assault serious. physical harm, then your verdict must be.

guilty as to that specification. If you find that the state failed to. prove beyond a reasonable doubt any of. the essential elements of the firearm. specification to count five, flown. assault, serious physical harm, then. your verdict must be not guilty as to. that specification. Count six, felonious assault, physical harm by. means of a deadly weapon. Before you can. find the defendant guilty of felonious.

assault, physical harm by means of a. deadly weapon, you must find beyond a. reasonable doubt that on or about the. 16th day of February, 2026, and in Miami. County, Ohio, Caleb Flynn knowingly. caused or attempted to cause physical. harm to another person to Ashley Flynn. by means of a deadly weapon against the. peace and dignity of the state of Ohio. Knowingly. A person acts knowingly.

regardless of his purpose when he is. aware that his conduct will probably. cause a certain result or is aware that. his conduct will probably be of a. certain nature. A person has knowledge. of circumstances when he is aware that. such circumstances probably exist. because because excuse me because you. cannot look into the mind of another. Knowledge is determined from all the. fact and circumstances whether there. existed at the time in the mind of the. defendant an awareness of the.

probability that he caused or attempted. to cause physical harm to Ashley Flynn. by means of a deadly weapon. Cause. is an essential element of the offense. causes an act which in a natural and. continuous sequence directly produces. physical harm by means of a deadly. weapon to a person and without which it. would not have occurred. Physical harm. Physical harm means any.

injury, illness or other physiological. impairment regardless of its gravity or. duration. Attempt. An attempt to cause. physical harm occurs when a person. engages in conduct that if successful. would constitute or result in the. offense. Deadly weapon. Deadly weapon. means an instrument, device, or thing. capable of inflicting and designed or. specially adapted for use as a weapon.

>> Oh, I'm sorry. Deli weapon. Deadly weapon means any. instrument, device or thing capable of. inflicting death and designed or. specially adapted for use as a weapon or. possessed, carried or used as a weapon. Summary has to count six. If you find the state proved beyond a. reasonable doubt all the essential. elements of the offense of fonius. assault, physical harm by means of a.

deadly weapon in count six, then you. must find the defendant guilty as to. that charge. If your verdict is guilty. as to count six, bonius assault, physical harm by means of a deadly. weapon, you will then consider the. firearm specification to count six. below. If you find the state failed to prove. beyond a reasonable doubt any one of the. essential elements of count six flowing. assault physical harm by means of a. deadly weapon then your verdict must be.

not guilty. If your verdict is not. guilty as to count six flow assault. physical harm by means of a deadly. weapon, you will not consider the. firearm specification as to count six. Firearm specification as to count six. If your verdict is guilty as to count. six, felonious assault, physical harm by. means of a deadly weapon, you will. separately decide whether the state has. proven beyond a reasonable doubt the. firearm specification attached to count.

six. That is the state must establish. that while committing Florence assault, physical harm by means of deadly weapon, Caleb Flynn had a firearm on or about. his person or under his control and. displayed the firearm, brandished it, indicated that he possessed it or used. it to facilitate the felonious assault, the physical harm by means of deadly. weapon. A firearm means any deadly weapon. capable of expelling or propelling one.

or more projectiles by the action of an. explosive or combustible propellant. A. firearm included includes an unloaded. firearm and any firearm which is. inoperable, but which can be readily. rendered operable. When deciding whether a firearm is. capable of expelling or propelling one. or more projectiles by the action of an. explosive or combustible propellant, you.

may rely on circumstantial evidence, including but not limited to the. statements and actions of the individual. exercising control over the firearm. Deadly weapon means an instrument, device or thing capable of inflicting. death and designed or specially adapted. for use as a weapon or carried or. possessed, carried or used as a weapon. To have a firearm on or about. defendant's person or under the. defendant's control means that the. firearm was on the defendant's person or.

so near the defendant as to be. conveniently accessible and within the. defendant's immediate physical reach. Brandish means to wave or exhibit in a. menacing or challenging way. Possession. is a voluntary act if the possessor. knowingly procured or received the. firearm or was aware of his control. thereof for a sufficient period of time. to have ended his possession. A person. has possession when he knows that he has. the object on or about his person or.

property or places it where it is. accessible to his use or direction and. he has the ability to direct or control. its use. If you find that the defendant proved. beyond a reasonable doubt all the. essential elements of the firearm. specification to count six felonious. assault, physical harm by means of. deadly weapon, then your verdict must be. guilty as to that specification. If you. find the defendant failed to prove.

beyond a reasonable doubt any essential. elements of the firearm specification, you defend it instead of state. No, you. don't. Okay. If you find that the state failed to. prove beyond a reasonable doubt any of. the essential elements of the firearm. specification, account six, Florence. assault, physical harm by means of a. deadly weapon, then your verdict must be. not guilty to that specification. Now, counts 7, 8, and 9, all being.

tampering with evidence. The defendant. is charged in counts 7, 8, and 9 with. tampering with evidence in violation of. revised code section 2921.12A1. Each count is a separate offense. You. must consider each count separately and. determine whether the state has proved. every element of that particular count. beyond a reasonable doubt. Count seven, firearm. Before you find.

Caleb Flynn guilty of tampering with. evidence, you must find beyond a. reasonable doubt that on or about the. 16th day of February 2026. and in Miami County, Ohio, one Caleb. Flynn knew that an official proceeding. or investigation was in progress or. about to be instituted or likely to be. instituted. Two, Kayla Flynn altered, destroyed, concealed, or removed a. firearm. And three, Cayla Flynn did so.

with purpose to impair its value or. availability as evidence in such. proceeding or investigation. Count eight, side, garage door, and. assembly. Before you can find Caleb. Flynn guilty of tampering with evidence, you must find beyond a reasonable doubt. that on or about the 16th day of. February, 2026. And in Miami County, Ohio, one, Caleb. Flynn knew that an official proceeding.

or investigation was in progress or. about to be instituted or likely to be. instituted. Two, Caleb Flynn altered, destroyed, concealed, or removed a side garage door. and assembly. And three, Caleb Flynn did. so with purpose to impair its value or. availability as evidence in such. proceeding or investigation. Count nine, emails.

Before you can find Caleb Flynn guilty. of tampering with evidence, you must. find beyond a reasonable doubt that on. or about the 17th day of February, 2026. and in Miami County, Ohio. One, Caleb Flynn knew that an official. proceeding or investigation was in. progress or about to be instituted or. likely to be instituted. Two, Caleb. Flynn altered, destroyed, concealed, or.

removed emails. And three, Caleb Flynn did so with. purpose to impair its value or. availability as evidence in such. proceeding or investigation. Knowingly, a person acts knowingly regardless of. purpose when the person is aware that. the person's conduct will probably cause. a certain result or will probably be of. a certain nature. A person has knowledge.

of circumstances when the person is. aware that such circumstances probably. exist. When knowledge of the existence. of a particular fact is an element of an. offense, such knowledge is established. if a person subjectively believes that. there is a high probability of his. existence and fails to make inquiry or. acts with a conscious purpose to avoid. learning the fact. Since you cannot look into the mind of. another, knowledge is determined from.

all the facts and circumstances and. evidence. You will determine from these. facts and circumstances whether there. existed at the time in the mind of the. defendant an awareness of the. probability that an official proceeding. or investigation was in progress and was. about to be instituted or was likely to. be instituted. Official proceeding or investigation. An official proceeding means any. proceeding before a legislative,

judicial, administrative, or other. governmental agency or official. authorized to take evidence under oath. and includes an any proceeding before a. referee, hearing examiner, commissioner, notary, or other person taking testimony. or a deposition in connection with an. official proceeding. An investigation as used in this offense. means an official investigation by a.

governmental authority into possible. criminal or other unlawful conduct. The. state is not required to prove that a. formal proceeding had already commenced. The state may establish this element by. proving that at the time of the alleged. tampering, defendant knew that an. official proceeding or investigation was. in progress, was about to be instituted, or was likely to be instituted. The likelihood of an investigation must.

be determined as of the time of the. alleged tampering. Purpose. A purp person a person acts. purposely when it is the person's. specific intention to cause a certain. result. For tampering with evidence, the. state must prove that defendant acted. with the specific purpose to impair the. value or availability of a particular. item as evidence in a proceeding or. investigation.

Purpose is a decision of the mind to do. an act with a conscious objective of. producing a certain result or engaging. in a specific conduct. A person's. purpose is known only to that person. unless the person expresses it to others. or indicates it by the person's conduct. The purpose with which a person acts may. be determined from the manner in which. the act was done, the means used, the. timing of the act, statements made by.

the person, and all other facts and. circumstances in evidence. The state. must prove the defendant's purpose. beyond a reasonable doubt. Connection between evidence and. investigation. The state must prove beyond a reasonable. doubt that the particular item allegedly. tampered with was evidence related to. the official proceeding or to the. official investigation that defendant.

knew was in progress about to be. instituted or likely to be instituted. It is not sufficient merely to prove. that the defendant altered, destroyed, concealed or removed an item. The state. must also prove that the item had. evidentiary value in or was related to. the particular official proceeding or. investigation and that defendant acted. with purpose to impair that item's value. or availability as evidence in the.

particular official proceeding or. investigation. For count seven, the state must prove. that the firearm was evidence related to. the relevant proceeding or. investigation. For count eight, the state must prove. that the side garage door and assembly. was evidence related to the relevant. proceeding or investigation. For count nine, the state must prove. that the emails were evidence related to. the relevant proceeding or.

investigation. Alter, destroy, conceal, or remove. The. state must prove that the defendant. altered, destroyed, concealed, or. removed the particular item identified. in the applicable count. The state is. not required to prove more than one of. these acts. However, the state must. prove at least one of these acts beyond. a reasonable doubt as to each count.

summary as to counts seven, eight, and. nine. If you find the state proved beyond a. reasonable doubt all the essential. elements of the offenses of tampering. with evidence in counts 7, 8, or nine, you must find the defendant guilty of. these offenses. If you find the state failed to prove. beyond a reasonable doubt any one of the. essential elements of the offenses of. tampering with evidence in counts 7, 8, or nine, you must find the defendant not.

guilty of these offenses. Firearm specification as to count seven. If your verdict is guilty of tampering. with evidence as to count seven to it. the firearm, you will separately decide. whether the state proved beyond a. reasonable doubt that the defendant had. a firearm on or about his person while. committing the offense of tampering with. evidence.

A firearm means any deadly weapon. capable of expelling or propelling one. or more projectiles by the action of an. explosive or combustible propellant. A. firearm includes an unloaded firearm and. any firearm which is inoperable, but. which can be readily rendered operable. When deciding whether a firearm is. capable of expelling or propelling one. or more projectile projectiles by the. action of an explosive or combustible. propellant, you may rely on.

circumstantial evidence, including but. not limited to the statements and. actions of the individual exercising. control over the firearm. Deadly weapon. Deadly weapon means an instrument, device, or thing capable of inflicting. death and designed or specially adapted. for use as a weapon or possessed, carried, or used as a weapon. To have a. firearm on or about the defendant's. person or under the defendant's control.

means that the firearm was on the. defendant's person or so near the. defendant as to be conveniently. accessible and within the defendant's. immediate physical reach. Date and venue. It is not necessary that. the state prove the offenses were. committed on the exact day as charged in. the indictment. It is sufficient to. prove that the offense took place on a. date reasonably near the date claimed. and that the offense took place in Miami.

County, Ohio. Deliberations. When you go to the jury room, your first. function will be to select one of your. number to serve as a forperson. The. person you select to preside over your. deliberations does not have any greater. power, nor does that person's vote have. any more importance than the others. He. or she serves the purpose of helping to.

conduct your deliberations in an orderly. manner and to give each of you the. opportunity to express your opinion. One additional duty of the AOR person is. to see that the verdict forms are. returned to the court after you have. reached your verdict. We're going to review the verdict forms. at this point.

If you would draw your attention to the. monitors, we're going to put them up. there. We will give you one copy of the. verdict forms to take with you into the. deliberations. Verdict to count one aggravated murder. pursuing to OC section 2903.01A. and 2929.02A. in the case number 26CR88, state of Ohio. versus Caleb Flynn.

We the jury in this case being duly. impanled and sworn find the defendant. Caleb C. Flynn either guilty or not. guilty from the um the options below. Please write in which one that would be. of aggravated murder as charged in count. one of the indictment OC section. 2903.01A. and 2929.02A1. an unclassified felony.

If you find the defendant guilty on that. charge of count one, you'll go to the. gun specification below. If you find him. not guilty, you don't fill out the gun. specification. Gun specification. We the jury further. find Caleb C. Flynn did or did not have. a firearm on or about his person or. under his control while committing the. offense and displayed the firearm, brandished the firearm, indicated that.

he possessed the firearm, or used it to. facilitate the offense in violation of. OC section 2941.14A. If you, this has to be a unanimous. verdict, one way or the other. Um and. you would sign accordingly based upon. your juror number. Count two verdict murder OC section. 2903.02A.

2903.02D. and 2929.02B. We the jury in this case being being. duly impanled and sworn find the. defendant Caleb C. Flynn, guilty or not. guilty of murder as ch as charged in. count two of the indictment OC section. 2903.02A. or section 2903.03.02D.

or 2929.02B. nclassified felony. You would circle. that whichever decision the jury makes. guilty or not guilty and fill it in in. ink in the line above. If you find the. defendant guilty as to count two, you go. on to the gun specification and make a. decision with regard to that. We the. jury further find Caleb C. Flynn did or. did not have a firearm on or about his.

person or under his control while. committing the offense and displayed the. firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense in. violation of OC section 2941.145A. You would circle and ink whatever your. decision is, and you would sign the. verdict below pursuant to your juror. number. Count verdict for count three, murder,

felony murder, felonous assault, serious. physical harm. Pursuant to 29, I'm. sorry, pursuant to OC section. 2903.02B. and 2903.02D. and 2929.02B. We, the jury, in this case, being duly. impanled and sworn, find a defendant, Caleb C. Flynn, either guilty or not. guilty. You would circle that and write. it in on the line in ink of murder as.

charged in count three of the indictment. pursuant to OC section 2903.02B. 2903.02D. 2929.02B. an unclassified felony. If you find the. defendant guilty as to count three, you. go on to the gun specification. and make a decision with regard to. um that associated gun specification, which is we the jury further find Caleb.

C. blend did or did not uh you would. circle that and write it in in ink on. the blank line have the firearm on or. about his person or under his control. while committing the offense and. displayed the firearm, brandished the. firearm, indicated that he possessed the. firearm or used it to facilitate the. offense in violation of OC section. 2941.145A. You would all duly sign it again. pursuant to your drawer number.

Verdict for count four, murder, felony. murder, felonious assault, physical harm. by means of a deadly weapon. OC section. 2903.02B, 2903.02D. and 2929.02B. We the jury in this case being duly. impanled and sworn find the defendant. Caleb C. Flynn, guilty or not guilty. Please circle which one it is and write.

it in on the line in ink of murder as. charged in count four of the indictment. OC section 2903.02B. 2903.02D. and 2929.02B. an unclassified felony. If you find the. defendant guilty of that count four. charged, you go on to the gun. specification. again um making a finding. as we the jury further find Caleb C.

Flynn did or did not have a firearm on. or about his person or under his control. while committing the offense and. displayed the firearm, brandished the. firearm, indicated that he possessed the. firearm or used it to facilitate the. offense in violation of OC section. 2941.145A. And then you would sign all as pursuant. to your juror number below. Verdict for count five.

Felonious assault, serious physical. harm, OC section 2903.11a1. and 2903.11da. We the jury in this case being duly. impanled and sworn find the defendant. Caleb C. Flynn guilty or not guilty. Please make a finding as to either one. and write it on in the blank line. Circle it as well. A felonious assault. as charged in count five of the. indictment OC section 2903.11a.

A1 2903.11D1A. a felony of the second degree. If you. find uh if you make a finding of guilt. as to count five, you make you move on. to the gun specification and make a. decision with regard to that. We the. jury further find Caleb C. Flynn did or. did not circle and then write in on the. blank line which decision you make or. finding you make have the firearm on or.

about his person or under his control. while committing the offense and. displayed the firearm, brandished the. firearm, indicated that he possessed the. firearm or used it to facilitate the. offense in violation of OC section. 2941.145A. and then please sign um subject to your. juror number. Verdict for count six, felonious assault, physical harm by. means of a deadly weapon, OC section.

2903.11. A2 and 2903.11. D1A. We the jury in this case being duly. impanled and sworn by the defendant. Caleb C. Flynn, guilty or not guilty. Circle and please write on the line of. felonious assault as charged in count. six of the indictment. OC section 2903.11. A2 and 2903.11D1A, a felony of the second degree. If you.

find the defendant guilty as to that. count, move on to the gun specification. and make a finding as to that. We the. jury further find Caleb C. Flynn did or. did not please circle and write on the. blank line. have a firearm on or about his person or. under his control while committing the. offense and displayed the firearm, brandished the firearm, indicated that. he possessed the firearm or used it to. facilitate the offense in violation of. OC section 2941.145A.

Sign accordingly pursuant to your drawer. number. Count seven, tampering with evidence, OC section. 2921.12A1. 2921.12B. We the jury in this case being duly. impanled and sworn. Find the defendant. Caleb C. Flynn guilty or not guilty. Please circle and write on the line in. ink of tampering with evidence as.

charged in count 7 of the indictment OC. section 2921.12A1. and 2921.12B. a felony of the third degree. If you. find the defendant guilty on that count, you move on to the gun specification. and make a finding as we the jury. further find Caleb C. Flynn did or did. not circle as to your decision or. finding as to that. Write it on the. blank line. Have a firearm on or about.

his person or under his control when the. offense was committing the offense while. when the offense well while committing. the offense in violation of. OC section 2941. um.141A. Please sign accordingly to your drawer. number. Verge for count 8, tampering. with evidence OC section 2921.12A1. and 2921.12B.

We the jury in this case being duly. impanled and sworn find the defendant. Caleb C. Flynn guilty or not guilty of. tampering with evidence as charged in. count 8 of the indictment. OC section 2921.12A1. and 2921.12B. a felony for third degree please circle. what your finding is guilty or not. guilty and write it on the line uh blank. line and then uh all jurors must sign uh. and ink pursuant to your jury number.

Lastly, count nine, verdict form, tampering with evidence, OC section. 2921.1281. and 2921.12B. We the jury in this case being duly. impanled and sworn find the defendant. Caleb C. Flynn guilty or not guilty. Please circle which finding you make. Write it in on the line in ink of. tampering with evidence as charged in. count 9 of the indictment OC section.

2921.12A1. and 2921.12B. a felony of the third degree. Please. sign and ink according to your jury. number. When you have reached a verdict, we're on page 46 of the jury. instructions. When you have reached a verdict, you.

will complete the form in ink and sign. the verdict in ink next to the line. which corresponds to your seat number. In order to reach a verdict, all 12 of. you must agree. It must be unanimous. You may not discuss or consider the. subject of punishment in the event you. find the defendant guilty. The duty to. determine the punishment is placed by. law upon the court.

You must not be influenced by any. consideration of sympathy or prejudice. It is your duty to carefully weigh the. evidence, to decide all disputed. questions of fact, to apply the. instructions of the court to your. findings, and to ren render your. verdicts accordingly. In fulfilling your. duty, your efforts must be to arrive at. a just verdict. Consider all the. evidence and make your finding with. intelligence and impartiality and.

without bias, sympathy or prejudice so. that the state of Ohio and the defendant. will feel that their case was fairly and. impartially tried. If during the course. of the trial the court said or did. anything that you consider an indication. of the court's view on the facts, you. are instructed to disregard it. Your initial conduct upon entering the. jury room is a matter of importance. It is not wise to express immediately a.

determination or to insist upon a. certain verdict. Having so expressed. yourself, your sense of pride may be. aroused, and you may hesitate to give up. your position even if it's shown that. it's not correct. Consult with one another in the jury. room and deliberate with a view to. reaching an agreement if you can do so. without disturbing your individual. judgment. Each of you must decide this.

case for yourself. You should do so, however, only after. discussion and consideration of the case. with the other jurors. Do not hesitate to change an opinion if. convinced that it is wrong. You should. not surrender your considered opinion. concerning the weight of the evidence, however, in order to be congenial or to. reach a verdict solely because of the. opinion of the other jurors.

In view of the fact that you will have. these instructions with you in the jury. room, I do not anticipate that you will. have any questions. If you do have. questions, the four person must put them. in writing indicating specifically what. is requested and ring the buzzer for the. court personnel. On behalf of the public and the parties, the court expresses appreciation for. your services in performing this. important public function.

After your verdict is returned, you may. discuss this case with anyone, but you. are not required to do so. Whether you. discuss this case with counsel or with. anyone else after you are discharged is. a matter of your own free choice. the drawers who are alternates which is. drawer number. 13 14 and 16. You're not permitted to per you're not.

permitted to participate in the jury. deliberations unless one of the other. jurors is unable to complete his or her. service due to illness or other. misfortune. The alternate jurors shall be permitted. to leave the safety building and will be. contacted by the jury commissioner if. necessary or if needed. The alternate. jurors continue to be part of the jury. panel while the jury is deliberating.

until the jury has reached a verdict. The alternate jurors cannot discuss the. case with anyone or disclose to anyone. how you would have voted. After the jury has returned its verdict. and the verdict is announced in open. court, the alternate jurors will be. contacted and released from all. restrictions. The other 12 jurors may now go into the. jury room and start your deliberations.

When all 12 of you agree upon a verdict, sign the verdict in ink and upon. completion, advise the court reporter by. using the buzzer that's in each of the. jury rooms. Um and you will be returned. to the courtroom at that time. Can council approach briefly before I. would.

Heat. Heat.

Ladies and gentlemen, the jury and. speaking with council, we have one. correction um to the verdict form on. count 7. Um and we will uh give you the. uh the gun specification should read, "We the jury further find Caleb C. Flynn. did or did not have a firearm on or. about his person or under his control. while committing the offense in. violation of OC section 2941.141A.

We will u make that one modification and. present the final copies to you into the. jury room. Um just so that you're aware. once you go into the jury room uh you. can't leave your phones will also um uh. and will be taken from you. Um and if. you need to make calls, I would make. those uh to your uh family members. immediately and then the PALF will uh. take those. So uh we will also uh be.

providing lunch so that you can start. that first. Okay. All right. Um if. there's nothing further, ladies and. gentlemen, are you uh the juror? You are. present for deliberations.

So, council, we have your contact. numbers. Um, so if anything uh should. come up, we will address it. Um, if not, if there's anything we need to discuss, we're going to go off the record. >> Just how close do you want us to stay, judge? >> I think that we're going to feed them. first, as I mentioned. So, they won't. start deliberating until at least.

45 minutes. >> 15 minutes away from the location, so. they can call. >> Okay. So, um, if you're going to go, at. least be within 15 minutes of, um, getting back to the courtroom if. necessary. >> Um, we're off the record.

Please have a seat for a second. We're back in the record in 26 CR 88, state of Ohio versus Caleb C. Flynn. The. court has been advised that the jury has. reached a verdict. Uh before I bring the. jury in, um the court wants to make a. statement to the gallery because we have. quite a few people here. Um first of.

all, I want to commend you on um your. behavior and your um response to the. evidence throughout the proceedings. However, when the verdict is reached, I. would ask that you continue to have that. same behavior. This has been um a very. uh emotional case and um uh we want to. make sure that the decorum is. maintained. If there should be an. outburst, I'm going to have um one of. the deputies remove those individuals so. that we can have a complete um uh.

evenness of um the behavior and the. decor in the courtroom. So, if there's. nothing further from council, I'm going. to have the jury brought in. Anything. from the state? >> No, you're not. >> Mr. Mulligan, >> uh no, you're not. Mosenorf, please. bring in the jewelry, please.

Perfect.

Sorry, good man.

Thank you. Ladies and gentlemen, the jury, please. have a seat. >> Ladies and gentlemen, the jury, have you. reached a verdict?

>> We have your honor. >> And sir, um, can you You're the poor. person. >> Yes. Would you mind please handing to. Miss Oenorf my baiff um the verdict. forms?

Mr. Flynn, would you please stand? As to verdict to count one, aggravated. murder. We the jury in this case being. duly impanled and sworn find the. defendant Caleb C. Flynn guilty of. aggravated murder as charged in count. one of the indictment pursuant to OC.

section 29031A. 2929.02A. and unclassified felony. As to the gun. specification, we the jury further find. that Caleb C. Flynn did have a firearm. on or about his person or under his. control while committing the offense and. displayed the firearm, brandished the. firearm, indicated that he possessed the. firearm, or used it to facilitate the. offense in violation of 2941.145A.

All 12 jurors signed an incated today's. date. Verdict, count two, murder, OC section. 2903.02A. 2A, 2903.02D, and 292902B. We, the jury, in this case, being duly. impanled and sworn, find the defendant, Caleb C. Flynn, guilty of murder as. charged in count two of the indictment. pursuing to OC section 29092A,

299302D, and 2929.02B, an unclassified felony. Furthermore, we. the jury further find Caleb C. Flynn did. have a firearm on or about his person. were under his control while committing. the offense and displayed the firearm, brandished it, the firearm, indicated he. possessed the firearm or used it to. facilitate the offense in violation of. 2941.145A. All jurors signed an ink and was dated.

today's date. Verdict on count three, murder, felony. murder, felonious assault, serious. physical harm. We the jury in this case. being duly impanled and sworn find the. defendant Caleb C. Flynn guilty of. murder as charged in count three of the. indictment OC section 2903.02B. 2903.02D. and 2929.02B.

Furthermore, on the gun specification. associated with that count three, we the. jury further find Caleb C. Flynn did. have a firearm on or about his person or. under his control while committing the. offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense in. violation of OC section 2941.145A. All 12 jurors signed in in dated today's.

date. Verdict on count four, murder, felony. murder, Florence assault, physical harm. by means of a deadly weapon. We the jury. in this case being duly impanled and. sworn find the defendant Caleb C. Flynn. guilty of murder as charged in count. four of the indictment pursuant to OC. section 2903.02B. and 2903.02D. and 2929.02B,

an unclassified felony. Furthermore, on. the gun specification associated with. that count, we the jury further find. Caleb C. Flynn did have a firearm on or. about his person or under his control. while committing the offense and. displayed the firearm, brandished the. firearm, indicated that he possessed the. firearm, or used it to facilitate the. offense in violation of 2941.145A. All 12 drawers signed um in ink in.

today's date. As to count five, verdict, serious. physical harm. We the jury in this case. being duly impanled and sworn find the. defendant Caleb C. Flynn guilty of. felonious assault as charged in count. five of the indictment a felony of the. second degree. As to the gun specification with count. five, we the jury further find that. Caleb C. Flynn did have a firearm on or. about his person or under his control.

while committing the offense, displayed. the firearm, branded the firearm, indicated that he possessed the firearm. or used it to facilitate the offense in. violation of OC section 2941.145A. All 12 jurors signed and ink. Count six, verdict, felonious assault, physical harm by means of a deadly. weapon. We the jury in this case being. duly impanled and sworn find the. defendant Caleb C. Flynn guilty of. felonious assault um as charged in count.

six of the indictment pursuant to OC. section 2903.11. A2 and 290311D1A, a felony of the second degree. As to the gun specification with. Felonius assault, uh the court and count. six, the court the jury finds further. finds Caleb C. Flynn did have a firearm. on or about his person or under his. control while committing the offense and. displayed the firearm, brandished it,

indicated that he possessed the firearm. or used it to facilitate the offense in. violation of 2941.145A. All 12 jurors signed in ink. As to count seven, verdict, tampering with evidence. We, the jury in this case, being duly. impanled and sworn, find the defendant, Caleb C. Flynn, guilty of tampering with. evidence as charged in count seven of. the indictment pursuant to code section. 2921.12A1.

and 2921.12B, a felony of the third degree. As to the. gun specification with count seven, we. the jury further find Caleb C. Flynn did. have a firearm on or about his person or. under his control while committing the. offense in violation of OC section. 2941.141A. All 12 signed and inc. verdict for count 8 tampering with.

evidence. We the jury in this case being. duly impoundled and sworn find the. defendant Caleb C. Glenn guilty of. tampering with evidence as charged in. count 8 of the indictment. pursuant to OC section 2921.12A1. NB a felony of the third degree all 12. jurors signed all in ink. verdict count nine tampering with. evidence we the jury in this case being. duly impanled and sworn find the.

defendant Caleb C Flynn guilty of. tampering with evidence as charged in. count nine of the indictment statement. pursuing to OC section 2921.12A1. NB felony of the third degree all 12. drawers signed in ink. in today's date. would either council like to review the. jury forms verdict forms. >> Mr. Mulligan. >> Uh, no. Thank you.

>> Would either council like to poll the. jury? >> Uh, yes, sure. >> Okay. Um, ladies and gentlemen, the jury, what. polling is is that, um, council, uh, if. you would stand up and, uh, indicate if. this is your vote as to each of the. counts. Okay. Um, at this time, juror. number one, Mr. Applegate. >> Yes. >> Were these verdicts your own? >> Yes. >> Okay. Thank you, Miss Atkins. Were these verdicts your own?

>> Yes. >> Mr. Castle, were these verdicts your. own? >> Yes. >> Thank you, Miss Zalinski. >> Yes. >> These were your own verdicts? Okay, Mr. Stewart. >> Yes. >> Thank you, Mr. Miss. Null. >> Yes. >> Thank you. Um, Miss Quinter, >> yes. >> Thank you. Um, Miss Curtley, >> yes. >> Thank you, Mr. File or Feelely. Feeing.

>> yes. >> Thank you. Uh, Mr. Wheeler, >> yes. >> Mr. Colmes, >> yes. >> And Miss Bryce Price, >> yes. >> Thank you. >> Anything further, Mr. Mulligan, on that. issue? >> No. >> Thank you. Well, ladies and gentlemen of. the jury, on behalf of the public and. the parties, thank you. Court expresses. sincere appreciation for your service in. performing this important public. function.

The judicial system as we know it in the. United States is the finest in the. world. It is so very important in preserving. the rights of all citizens that you have. willingly agreed to serve as jurors in. this case. By your being here and. participating, you are helping to. guarantee the continued existence of the. law and the social order in our country. And never forget that no civilized. country in history has ever been able to. exist without law and order.

As indicated earlier, now that your. verdict is returned and your jury. service is completed, you may now. discuss this case with anyone, but you. are not required to do so. Whether you. discuss this case with counsel or anyone. else after you are discharged is a. matter of your own choice. In any event, you should be careful what you say. You. should make no statement, oral or in. writing, unless you are sure it is both. complete and accurate. You should make.

no statement that you would not be. willing to make under oath in the. presence of the court, the other jurors, the parties, and their respective. council. It is improper for a lawyer or. anyone else to harass you, entice you, or exert improper influence on you for. the purpose of getting you to talk about. this case. Members of the jury, you are now. discharged from your duties. Thank you. Miss Oendorf, if you would walk us.

All right, council. Um, please have a seat.

At the at this time, the court will. revoke the defendant's bond. Um, I'm. going to set his sentencing date. Um, I'm going to set it shortly. I'm not. going to order a pre-sentence. investigation. So, um, Mr. Watkins, at. this time, when would you be available? In the next week. This would also give. some credence to allowing the victims to. write impact statements. So, the court. consider those. So, next week or the. following week, but not too much time of.

our typical PSI time. John, >> you may.

All.

right. After discussion with council, we. are going to set sentencing for October. 5th at 300 p.m. to allow parties um to.

prepare. Um if there's any victim impact. statements uh for consideration, uh the. court uh will review those and uh we'll. proceed further with that. Um. are there any other matters before we. adjourn? Council, >> nothing. >> I don't believe so. Thank you. >> All right. Thank you all. We're. adjourned. And if you all stay seated um. while we um have Mr. Flynn leave the. courtroom, I would appreciate it.

>> We're off the weapon. Guess.

he's over.

Hey. That's good.

Excuse. me.

Thank you. I'm sorry.