The seventh day of the jury trial of Rafael Aikens began with more testimony from Aikens, who said he lied to detectives about his gun being stolen, and then lied about giving his pistol to a fellow Marine, because he didn’t want to get the other Marine—his subordinate—in trouble. Aikens once again told the jury he didn’t use his Rock Island 1911 .45 caliber pistol to kill anybody. After the defense rested its case, the prosecution recalled Marc Goodwin, the lead detective in the homicide case who testified that Aikens was not drunk during his in-custody interview, as he claims. The prosecutor led Goodwin through Aikens’ claims one by one, who refuted each one. Managing editor Tami Roleff says the jury then heard closing arguments from each side…
Deputy District Attorney Justin Crocker began his closing argument by saying that Christy McKissic and her mother Renee Metcalf were executed by the defendant, Rafael Aikens. And after shooting the two women, Aikens attempted to clean up the scene by picking up the cartridge casings, the condom and condom wrapper, and McKissic’s phone showing their phone calls and text messages. He said the women’s deaths were cold and calculated, and Aikens went on with his life like nothing ever happened. Defense attorney Donald Calabria, in his closing statement, said that a defendant’s moral character can cause reasonable doubt. He added that there is no corroboration to any of the statements made by Aikens fellow Marines, and no evidence for many of the prosecution’s claims. Moreover, Aikens denies killing anybody, and denies saying anything about killing any one. In his rebuttal to the defense, the prosecution listed 14 coincidences that link Aikens to the murders. And finally, he played the 911 phone call made by McKissic’s 10-year-old daughter, which brought the courtroom to tears again. The jury then began their deliberations about 4 p.m. Wednesday.
The coincidences later listed by Crocker:
There are 14 coincidences. There is no reasonable doubt.
-Relationship. One of victims is not a stranger to him.
-Aikens called and texted her that night.
-He placed last call she ever answered in her life.
-The gun he purchased was used in the murders.
– He is last individual who had keys to Mihlbachler’s car.
-He was identified by the daughter. She said he is the man who did this, the one surviving witness.
– Mckissic’s phone travels back to barracks he lives in.
-Car comes through gate at same time McKissic’s phone comes through.
-Boots that he loved are missing. We know he was wearing them the night of the murders.
-His phone’s GPS coordinates and call history are wiped from that night.
– Makes a statement to fellow Marine the morning after 2 murders take place: “Just know it’s to the first degree,” .
He told another Marine the day after the women were killed: “I killed 2 people.”
-He lied about the whereabouts of his gun during his interview with detectives.
-He lied about his relationship with Christy McKissic.
0821 Trial summary Rafael Aikens
Rafael Aikens
Questioned by his defense attorney Donald Calabria
Calabria asked Aikens why he lied in response to Crocker’s question about where his gun was. Aikens said it was because Eric Branske was his subordinate, and he didn’t want him to get into trouble.
Aikens said the day he was arrested was “Family Day” at his unit and he had been drinking beers, and later that afternoon he started drinking whisky. He said he was drunk when he was interviewed by detectives.
Calabria then went into the issue of perjury and his discussion with Aikens about his decision to testify, that it was his decision to testify. Aikens also said he was testifying truthfully.
Aikens admitted that he did not read the 86 pages of transcripts from his interview with the detectives on March 30, 2017.
Aikens said he did not personally talk to Christy McKissic the night of her murder, but his phone did respond to her text messages. He said he did try to call her but although someone picked up the phone, he did not hear who was on the other end, and he did not talk to her.
Aikens insisted that he did not kill Christy McKissic or Renee Metcalf. He said all his answers under oath are truthful.
And Aikens described himself as a light-skinned black man.
Justin Crocker, re-cross examination.
Crocker asked Aikens to confirm that he was just acquaintances with Eric Branske, not best friends. He also confirmed that Branske called him the “N” word. Crocker said that at the time of his interview with detectives on March 30, 2017, Aikens said that Branske was a “pretty good dude, pretty straight up.”
Crocker reminded Aikens that the penalty for perjury is much less severe than that for murder.
Aikens admitted that he lied during his interview with detectives about the whereabouts of his gun because Branske was a subordinate and he wanted to protect him. The detectives said they were talking with Branske and if he (Branske) said he didn’t have the gun, I’d be corroborating his story.
Aikens said that at the time of his interrogation with the detectives that he did not know that McKissic had been murdered.
Crocker asked him why he tried to protect Branske about the whereabouts of his Rock Island 1911 pistol. Aikens said the detectives were talking to him about a homicide, so when they asked about his weapon, he assumed it was connected to the homicide. “They said they were investigating me for a homicide. So yes, that was my first thought.”
But when detectives mentioned McKissic’s name, he did not assume she was the victim. “I didn’t know if she was a victim.”
He later said, “I did not use my firearm to kill anybody.”
Aikens again stated that he was drunk, “comfortably numb,” during the interview with detectives, but said that he downplayed with them how much he had been drinking. But Crocker said Aikens wasn’t too drunk to know he needed to lie for Eric Branske, a man he didn’t even like.
When Crocker asked why he didn’t tell him about the porn he watched on his phone, Aikens said he was too embarrassed.
Rafael Aikens steps down.
The prosecution and defense agreed to two stipulations that a cleaning company hired to go into the Metcalf/McKissic home found a fired cartridge casing in McKissic’s room on April 24, 2017. And then when the cleaning company went back on May 17, it found another cartridge casing. Both fired cartridge casings were turned over to investigators.
Judge Rodney Cortez read into the record statements from four Marines who were stationed at the guard shack for the main gate on to the Marine Basin from 7:30 p.m. March 23, 2017 to 5:30 a.m. March 24, 2017. The Marines were interviewed by detectives on April 5, 2017. None of the Marines remember the Toyota 4Runner or if Aikens was in the vehicle.
One of the Marines, John Heron, knew Aikens personally as they served together in Iraq. He does not recall seeing Aikens enter the base during his shift. However, during the video that shows a dark-colored Toyota 4Runner coming up to the gate, Heron says he did not come out of the guard shack to the vehicle. One other Marine also stayed in the guard shack.
The defense rested.
Sgt. Marc Goodwin
The prosecution recalled Sgt. Marc Goodwin, who interviewed Aikens when he was arrested March 30, 2017.
Goodwin testified about how he has received training in detecting alcohol and drug use. Some symptoms of being under the influence of alcohol are slurred speech, uneven gait, trouble staying awake, trouble answering questions, difficulty performing two tasks at the same time. Goodwin said he didn’t notice any of these symptoms when he interviewed Aikens and does not believe he was drunk.
The interview with Aikens lasted two to three hours and the transcript was 86 pages.
Goodwin said that Aikens initially told him his Rock Island 1911 .45-caliber pistol was with a friend who lived about two to three hours north before he admitted that he gave it several weeks earlier to his friend Eric Branske, and that the gun had been stolen. When questioned about a police report, Aikens said no one filed a police report and that filing a police report wouldn’t do any good, about as much good as filing a police report for a stolen cellphone.
Eventually Aikens admitted that he had given the gun to Branske on the morning of March 24 because the barracks were going to be inspected and he’d get in trouble if the gun was found. Aikens said he gave the gun to Branske because he knew he went to visit his parents on the weekend. The gun was still with Branske at his parents’ home in Redlands. Aikens said the magazine had been lost when he went shooting with Branske a few weeks earlier.
Goodwin testified that Aikens told them during their initial interview that the night he went to Edchada’s, they were drinking, a Marine named Skeffington was the designated driver and he drove them back to base. He went with Skeffington while he parked the car, got the keys from Skeffington, walked them to Thomas Mihlbachler’s barracks room, handed the keys to him, then went to his barracks room and went to sleep/passed out.
Goodwin said Aikens never said anything about Skyping with a friend for 45 minutes, never mentioned talking to other friends in Sacramento, never mentioned downloading porn on to his cell phone, never mentioned a virus from the porn erasing everything on his cell phone, never mentioned calling or texting McKissic that evening. Goodwin said that Aikens did offer to unlock his phone so detectives could verify that he had not called or texted McKissic.
Aikens told Goodwin that he didn’t wake up until 9 or 10 a.m. when Canela shook him awake.
Goodwin said they asked Aikens if he had a cell phone number, and Aikens gave him his grandmother’s phone number. Goodwin asked Aikens if it was his number and Aikens said “That’s usually the number I use.” Aikens eventually admitted it was his grandmother’s phone number.
Aikens never said his phone had a virus on it that wiped his messages, texts, phone numbers, from it.
He said he had met McKissic only once, that he met her at the Virginian after he returned from Iraq. He was missing female companionship, chatted up McKissic, who was a bartender at the Virginian, and went home with her where they had sex. He stayed the night and left the next morning. He said that was the one and only time they met. He never said he met her on backpage.com or on an online dating app.
He said that Aikens thought it was weird that McKissic still lived at home with her mother. He met/saw her dog, but wasn’t aware of her daughter.
Goodwin testified that he asked him about the morning after the murders, Aikens said he got up, shaved and showered and then went into formation. Crocker asked Goodwin if Aikens said anything about showering after he got back from Edchada’s the night before? No.
The defense declined to requestion Goodwin.
The defense rested its case.
Cortez gave instructions to the jury.
11:11 a.m. Prosecutor Justin Crocker gave his closing argument.
People’s closing by Deputy District Attorney Justin Crocker
Christy McKissic and Renee Metcalf were executed. The evidence is overwhelming, it shows us what happened. Their execution amounts to two counts of first-degree murder
Evidence:
March 23 Renee Metcalf was home watching television with her granddaughter .
Christy McKissic was at home that night. Her relationship with Aikens goes back some time; a sexual relationship of some time back to 2015. Nearly 2 years and at some point she wanted more out of relationship.
Before he executed her that night, she wants more, wants a real relationship. Aikens testified about an earlier argument about her request for boyfriend/girlfriend relationship: “I told her no, she dropped me off and I walked home. “
We know how he thought about her, what he thought of her. He first refers to her as Christy who? He said he slept with her one time. He used crude language when he talked about her.
March 23, the day of her execution. Aikens called her.
A voice mail was left. Text messages between them.
Marines who testified here told you the truth. The Marine Corps is a brotherhood. All Marines testified that Aikens was like a brother, a best friend.
At Edchada’s Aikens was wearing a tank top, jacket, cowboy boots. He had two drinks. He got in the car to head home. with other Marines
As he’s driving home, Metcalf is at home with her granddaughter. These will be last moments with her granddaughter. She won’t be there at her high school graduation, or when she gets married. These are her last hours on earth.
Aikens goes back to base with fellow Marines.
He goes through the base’s main gate in Milhbachler’s car. Everyone gets out but Aikens and Skeffington. Aikens is insistent on staying with the car. Why? Because he was going over to Christy McKissic’s house. He goes in the car with Skeffington. Parked car and Aikens ends up with keys.
During the night, he has a conversation with Christy McKissic.
Christy McKissic gets calls and texts from a guy she likes, she invites him over, not knowing she inviting over her executioner.
Aikens takes Mihlbachler’s car, at 11:27 p.m. he calls Christy McKissic. long enough to say I’m here. Christy McKissic lets him in they go to her bedroom. That’s a half-hour period we’ll never know what happened.
We can’t answer all your questions, but we’ve answered as many questions as it’s necessary to know that he murdered these two women.
We don’t know what happened in that half hour.
Christy McKissic is executed. She’s naked except for a shirt. Ripped condom wrapper. There was some sexual activity.
He pulled out the Rock Island and fired the first shot into her skull. He had sex with her before he killed her. Maybe he was unable to perform and she laughed.
Everytime they saw each other it was for sex.
Aikens took Rock Island 1911, purchased just 6 weeks earlier. There are seven bullets in the magazine. He took the gun and pointed it at Christy McKissic’s skull and pulled the trigger.
Renee Metcalf was awakened, gets out of bed faster than her granddaughter has ever seen her move. It’s every parent’s nightmare. Go to sleep next to your daughter/grandchildren. Awoken to every parent’s nightmare. Her daughter shot in face by Aikens.
Metcalf ran as fast as she could to protect her child. No regard for her own safety. She could have hidden to protect herself.
The defendant executed her too. He took the gun and pulled the trigger 4 times. 1 shot in left leg; there’s a strike mark in wall. Perhaps she had fallen? He pulled trigger another time. Was she going back to get her granddaughter? We don’t know. Aikens shot her in the back like a coward. The bullet tore through her back ripping apart her internal organs. Those wounds alone would have killed her. The shot to her back was fatal. It tore apart inside of Metcalf. She fell to ground.
Aikens fired 2 additional shots that went through wall. Trajectory shows he was in middle of bed, on top of McKissic.
Sex is as intimate thing we do as humans. Creating a vulnerability. Got on top of her and betrayed her trust. Fired two shots on top of lifeless Christy McKissic.
Granddaughter heard an additional 2 shots that stood out. The two shots were final kill shots. One more bullet in her McKissic’s skull. One at close range as he stood over Metcalf. He’s a cold-blooded murderer as he shoots one more time. He walked up to her and she’s bleeding out, in her hallway in her home, and he fired one more time into her cheek at close range.
After those 2 shots there was a gap, possibly 3 minutes. The defendant attempted to clean up evidence.
The condom that went with the wrapper, the condom wrapper, and 4 fired cartridge casings are missing from that room. In the process of cleaning the house, cleaners found 2 more fired cartridge casings. Never found the other 4.
He collected 4 fired cartridge casings, condom, and the condom wrapper.
As he was walking over Metcalf’s lifeless body he dropped something, the partial condom wrapper.
He points the gun at at the girl, the 10-year-old girl. Brave little girl. And she had to remember the worst day of her life. She had to get in a room full of strangers and say what she saw, the day the defendant had shot them multiple times.
Aikens came into her room and pointed the gun at her. Thankfully the pistol was out of bullets.
The girl described blood spray. No child should see that let alone her grandmother’s blood spray across hallway. Should be something she only heard about on TV.
Pointed gun at her, no bullets out, mag popped out. Why is that important? The magazine is missing? It hit something? Blood? Aikens thinks he’s got to ditch this thing.
He looked through clothing on dresser. He’s looking for cartridge casings.
Bullet through wall, door, and into wall.
He executed the women, then cleaned up the evidence.
Other pieces he missed were bullet fragments in wall, bullet in blood pool next to Metcalf’s head. There was one fragment in the hall. He’s looking for a bullet fragment on dresser.
Aikens also took McKssic’s phone. This was a cold and calculated move. It wasn’t smart when he took away McKissic’s phone. He was manipulating the phone. Is he trying to wipe the phone? The girl sees him on the phone in the room. He tells her to shut up and go to sleep. Thankfully he’s not willing to go hurt her.
McKissic’s cell phone starts moving away from home of the executions. 23 minutes later its in parking lot outside barracks where defend lives. The device is never found again.
We will never know if he wiped it or not. Google records didn’t get wiped. Her phone ended up somewhere and was never found.
As family and friends were trying to process the execution of their loved ones, the defendant is living life like nothing happened.
Except for a couple things: He approached Eric Branske with his pistol–with its missing magazine — and asks him to clean his gun.
The 2 marines were subordinates. Branske and Brinlee.
Aikens thinks I can tell my subordinates; they’ll never rat on me.
Imagine the weight of killing and executing these two women.
Aikens says, “Clean my gun.” Branske asks Why? Aikens ignores him. Branske asks why again, and Aikens ignores him. Then says, “If I told you, you wouldn’t believe it.” And its’ true, he didn’t believe him when he said it was to the 1st degree.
Brinlee also said he didn’t believe him.
Aikens gives Branske the gun.
Approaches Brinlee and says, “Things are going to change drastically. I killed 2 people.” To his brothers, his subordinates, he says, “I killed 2 people.”
Meanwhile, friends and family are learning, trying to plan funerals. Who would do this to 2 women?
And Aikens is going to Mammoth to celebrate his birthday.
A week later, cell phone evidence comes back, detectives learn of the relationship between Christy McKissic and Rafael Aikens. They learn about his gun and his communication with McKissic.
Detectives ask him about a gun; did you own a gun? Yes, a Rock Island 1911, but it got stolen. Did you file a police report? :”I look at filing a missing gun report the same way I look at missing phone report. “
Detectives ask him about Christy. He responds, oh, did she work at the Virginian? Yeah, I chatted her up, she took me home, we had sex, she has a dog, I left the next day. Did you talk to her again? No. Nothing on the 23rd. No phone, no text. He tells the detectives to get his phone and he’ll show them. He doesn’t say anything about it being wiped or deleted.
Aikens executed 2 women in cold blood. Calculated. Then he went on with his life. Then he lied to police when asked about the gun and Christy McKissic,
The defendant is guilty of first degree murder.
These executions were willful, deliberate, and premeditated. “Just know, they were to first degree.”
Express malice: intended to kill. Shoot twice in the head, that ‘s intent to kill. Shoot in leg, back and head, that’s intent to kill.
Implied malice. Intentional act,
1st degree murder. Committed an act that caused death.
Had malice aforethought
Willful, deliberate, premeditated:
Intended to kill, weighed the consequence of choice, decided to kill before acting. There is no set period of time for deliberation; it can be short.
Decision for premeditation can be as quick as deciding whether to brake or go through a yellow stoplight.
Some point he decided to pull the trigger. Bring a gun into a house who’s no threat to you. Thought process had already started when he brought the gun.
Cold and calculated actions. He brought the gun.
Shot victims multiple times.
Delivered kill shots. Right into the skulls of 2 victims. Just in case.
Picked up evidence. Collecting and taking away evidence. Walking into girl, but he ran out of bullets. Threatened girl. Put a gun in her face. “Shut up and go to bed” while he tried to make sure there’s no evidence left.
He leaves with Christy McKissic’s phone.
He went home like nothing happened.
He got rid of the magazine.
He got rid of boots. He wore them all the time but they go missing. Another lie he told in interview when he said he was wearing Nikes. Red t-shirt (tank top)
No boots. His boots are missing.
His gun is getting cleaned. He got rid of the magazine. Aikens gives his gun to a subordinate– go home and clean for me just in case.
The evidence is there. The photos are there. The testimony is there. 911 call from little girl who is not even understanding what she walked into. Testimony from 4 fellow Marines. They respected him, they considered him a best friend, a brother.
Evidence is here. “Just know, it’s to the first degree.” He meant the first degree murder of Christy McKissic and Renee Metcalf.
Find defendant guilty of 1st degree murder of Christy McKissic and Renee Metcalf.
Thank you.
1:34 p.m. Defense closing argument
Responding to prosecutor
The prosecution has a nice story and theory, but we’re here to evaluate evidence.
Phone records. He said Aikens was going over to MckKssic’s house because she invited him over. No evidence of that.
If he called from the barracks at 11:27 and he was there 30 minutes, it’s not possible for him to get there in the time frame.
There’s no evidence he was at her door when he called.
If he was at the front door at 11:27 why didn’t we have pings on his phone that he was at her front door?
There is no motive that we are aware of. The prosecution doesn’t need motive to prove a case. But don’t disregard the case that there is no motive.
He had no motive. He had a woman. Who was on backpage. Advertised as an escort. That’s fine. He had an arrangement. A booty call. She wanted a relationship with him, he didn’t want one with her. Doesn’t rise to occasion of murder.
Boots. No facts, no evidence that brown boots were involved in any way in this crime.
He could be asked any question and he would answer honestly and truthfully. He was never asked about boots. Boots aren’t part of this case. Fact that he wore boots at one time is of no evidentiary value for you to determine who murdered these women.
The evidence, the mother, Metcalf was shot first.
Grandmother got up and heard her pounding up on door, girl heard a number of shots and saw grandmother laying on the ground.
Rafael Aikens is not on trial for making inconsistent statements.
He was grilled a couple hours yesterday, grilled some more today.
He wanted to look you in the eye and say “I did not kill those two women.”
It’s a burden to prove this case beyond a reasonable doubt. There is no evidence that established that Rafael Aikens was the actual person who was in the McKissic home on March 23, 2017 and executed two women.
Evidence that convinces you he didn’t do it.
The phone records protect him.
Man on trial. Look at evidence and look at person. You are to look at the person. That’s part of you deciding what you want to do for the rest of his life. Look at the person and look at the evidence against him.
In this case, what is not there is more important than what is there.
Rafael Aikens. Born 1995. His biological father was a Marine. His stepfather was a Marine and then a correction officer at Folsom prison.
He decided at an early age to serve his country, to get the bad guys, to be a Marine.
In high school he excelled in athletics and academics. Both gave him opportunities that he rejected. He rejected them for noblest of reasons. He wanted to serve and protect his country. He wanted to be a part of something much greater than himself.
First deployment to Iraq. Protecting Iraqis and U.S. commanders.
Because of his excellence as a Marine, the command wanted him to be a section leader. Wasn’t interested but if they want you to be one, you become one.
Not a bad word said by any of four Marines.
Defendant is a moral person. Character or morality can create a reasonable doubt as to your belief that he committed these crimes.
Jane Whitmore testified about ballistics. Never 100% match. Ballistics are not an exact science. Mistakes are made. Ballistics have to be verified. 7 bullets fired. Didn’t recover all of them. Only one casing that she could make a finding on. On that one it had sufficient markings to make an ID on. I saw the sample. What she compared it to, a little sliver of a line. Test is very subjective. Different examiners can come to different conclusions. Bullets could not be matched, could only say they came from .45-caliber. Numerous .45-caliber guns on market.
Video from Edchada’s. The video was taken approximately 6:09-8:31. In that video he was wearing a black jacket. No red jacket ever found. He did not know they were coming on March 30th to interrogate him. They searched his room. They never found underwear similar to what was found on the bed. Nor did they find any black tube socks to match the sock on the bed.
He had brown cowboy boots. Not black cowboy boots. The girl said black boots. She didn’t say what kind of boots. We never challenged her because we didn’t want to put her through it.
When detective testified he had a glass with blue liquid in it he thought was alcohol. 3 drinks. No evidence by anyone that Aikens ever drank wine, and yet in Christy McKissic’s bedroom there was an open bottle of wine. Got a receipt from local liquor store for wine.
Branske showed his father the gun. Discrepancy of time of when search was.
If Aikens ever said those words to him, “It’s to the first,” Branske, by cleaning the gun, would be an accessory. There’s doubt that that was the gun that was even used. Went home on Friday. Eric Branske’s father Tim was in the garage. Eric shows him the gun, starts cleaning the gun, he never said that Aikens made a statement that has me concerned.
Goes back to base Monday. It creates a doubt that those words were ever spoken. Those exact words were pretty specific.
Aikens told you he never said that. Brinlee spoke to police on 30th.
He’s saying “I killed 2 people.” But Brinlee says nothing to police. Until police come to interview him a week later. That does not ring of the truth. They thought he was joking. No witnesses to corroborate this. Everyone has a roommate. Aikens denies this, says he never said this. Brinlee says that Aikens is of such high moral character that he couldn’t believe such a thing. It’s possible that he didn’t do such a thing.
Aikens had no motive to kill her.
Whoever killed her, did the killer have sex with her with gun in his hand? Maybe the person in the house was an intruder?
Brinlee and Aikens went away for the weekend, with a third friend. If someone told you something like that you’d be talking about it. Not an everyday occurrence. Said Aikens was acting totally normal over the weekend except for maybe an hour. He said he was thinking “I really should have gone to Sacramento be with my mother, grandmother, sister.”
Aikens had only had the gun for a month. He is a guy who follows the rules.
Never saw Aikens as a wine drinker. Yes, he drank too much—tequila, bourbon, beers, with the guys. But not wine. Never brought into evidence chardonnay.
Another important instruction you should consider: consider with caution any statement made by a defendant showing his guilt unless it was written or recorded. Many people are convicted by twisting of statements. This case has that possibility of being exonerated by evidence.
Aikens was excluded from DNA evidence. The DNA is not his.
Wenseslao Canela said that Aikens didn’t own a backpack.
Aikens didn’t have a car, didn’t have a vehicle.
When Aikens and his friends saw Christy at store, he didn’t talk to her. That tells you they were no longer an item. No contact with her.
In Dec 2015/Jan 2016, McKissic wanted a relationship and he didn’t.
When he needed a ride, he called a taxi, borrowed Branske’s truck.
The daughter’s testimony:
Both prosecutor and I tried to be as easy as we could. But she said things you should consider. Is this the man that pointed a gun at her?
She spoke to a Deputy Maestas at 12:09 a.m. March 24. Deputies want to get as much detail as they can. They want to get an alert out, want to find the person.
The house was dark. He was a dark-skinned man. Red jacket. Tall. Reminded her of basketball player. I’m taller than my client and don’t think I would be confused with basketball player.
He went through her stuff. Prosecutor argued that he was not looking for stuff, he was looking for shell casing.
It wasn’t him.
At 3:56 a.m. Detective Lisa Guerra arrived, and interviewed her almost 4 hours later. The girl testified the man had dark skin, bushy eyebrows.
Aikens not a tall man.
I don’t know if the little girl knows difference between 30 min, 15 minutes, etc.
Something was going on in that room.
If Aikens is taking phone call at 11:27 from barracks, he can’t be there at McKissic’s house at the time these events are occurring.
He had “a” tattoo. In this day and age, every one has tattoos.
Identification: told her to get in to bed. She was pretending to be asleep, squinting through her eyes to look at him. Did the witness know or have contact with defendant before event? Said she had never seen him before. How well could the witness see perpetrator? It’s not an optimal situation. Was the witness under stress? She was under great amount of stress.
The Toyota 4Runner. Interesting evidence.
No evidence it was at McKissic’s house. No evidence tire tracks were analyzed. No evidence Aikens drove it that night.
Situation about 4 cars at gate? The four gate guards did not see Aikens enter that gate during their shift. We saw the video. You have to show a form of identification. Appears that identification was scanned. Evidence we have in courtroom, no record, no evidence that Aikens entered in that car that evening.
Theory that Aikens took car by himself and it’s a one-man car.
Detectives checked the car—nothing was in the Toyot–no blood, no prints. Who knows how many cars went in.
Toyota has absolutely zero evidentiary evidence to this crime. Nothing that links it to this crime.
For someone to be in that room and not leave DNA evidence is really hard to believe. Swabs from water, condom wrapper, vape pen, sunscreen bottle, bedroom door knobs, front door, blue battery sex toy. Front door, condoms, pictures of tire impression. Took them to see if they could match the car.
Stipulation for latent prints. 2 prints that they could evaluate. Aikens was excluded. All that evidence, no DNA of Aikens in that house.
Jennifer Steele testified on DNA testing. There was no DNA of Aikens.
Also a test for blood stains from metal ammo can. Didn’t come back to Aikens.
DNA on non-sperm fractions came back to 2 contributors, and Aikens was excluded.
Blood stain from metal ammunition. At least 2 contributors. Aikens excluded.
Car: drivers seat and floorboard. No DNA there.
Marc Goodwin. He confiscated Aikens phone. Didn’t find anything. No evidence of contact between Christy McKissic and Aikens had contact that night.
Time:
12:03 daughter calls 911.
In his room at 11:27, it’s impossible for him to be in McKissic’s house at 11:40.
The other phone calls, don’t really matter.
He told you when he called all he heard was breathing. No evidence whatsoever that the call was made anywhere but from his barracks. If there was, you’d have heard it.
Testified he was in his room and called her.
Heard a lot of emotion? It’s horrible that two women were killed. Emotional. Look at facts. Do facts prove what emotion are staying?
You have to be convinced, have an abiding conviction, higher burden. I don’t get to get up again to address you.
Two verdicts: guilty or not guilty. 2 reasons. I believe he’s innocent. I believe the people have not proven to you beyond reasonable doubt.
Crocker: Rebuttal
The defendant said he was in his barracks when he made the call at 11:27.
Only place we have that is in the defendant’s testimony. Nothing in the cell phone records show where he was.
We looked into defendant’s phone records. Google didn’t have his location data. So we couldn’t figure out if defendant was in his barracks.
Goodwin said all of the records for March 23 and 24 were deleted. Were they deleted by defendant? Reasonable.
Wiped by virus? Unreasonable.
There is zero evidence that he was at barracks.
Couple things that have to be pointed out.
DNA: Not every case has DNA. Not found in car, and gun.
Defense wants defendants to touch every object in the room to leave behind DNA. That’s not how it works.
He didn’t have a backpack. Where are the boots? Where are the magazines?
At what point is there too many coincidences before there is no reasonable doubt.
There are 14 coincidences. No reasonable doubt.
- Relationship. One of victims is not a stranger to him.
- Called and texted her that night.
- Placed last call she ever answered in her life.
- His gun he purchased was used in the murders.
- He is last individual who had keys to Mihlbachler’s car.
- He was identified by the daughter. He is the man who did this. One surviving witness.
- Mckissic’s phone travels back to barracks he lives in.
- Car comes through gate at same time McKissic’s phone comes through.
- Boots that he loved are missing. We know he was wearing them the night of the murders.
10.Phone is wiped from that night.
11. Makes a statement to fellow Marine, “just know it’s to the first degree,” the morning after 2 murders take place.
12. “I killed 2 people” the day after two people die.
13. Lies about gun during interview.
14. Lies about relationship with Christy.
Enough’s enough.
Who do you believe? You make the decision.
Demeanor. Compare his demeanor with 4 Marines. Did they answer questions? Then decide who you believe and then compare testimony with daughter. She pointed at Rafael Aikens and said he is the man who came in that night.
Listen to girl on 911 call. A girl who is lying or wrong, or an intelligent young girl.
911 call
A recording of the 911 call of 12:03 a.m. on March 24, 2017, was played for the jury:
DISPATCHER: This is 911. What is your emergency?
DAUGHTER: My mom and grandma’s dead.
DISPATCHER: What is your address?
DAUGHTER: 7780 Bedioun Ave. Help!
Child is twice asked to repeat street number and spell street name.
DISPATCHER: What city are you in?
DAUGHTER: Twentynine Palms.
DISPATCHER: Okay, what is going on exactly?
DAUGHTER: My mom and grandma’s dead.
DISPATCHER: What do you mean? You killed her or what?
DAUGHTER: No, I found her dead. This guy with a gun.
DISPATCHER: Are you with her right now?
DAUGHTER: Yes.
DISPATCHER: And it’s your Mom and your Grandma?
DAUGHTER: Yes, (starts to cry) please come fast!
DISPATCHER: Is there anybody else there right now?
DAUGHTER: No, he left.
DISPATCHER: Stay on the line with me while a call the paramedics okay?
DAUGHTER: I’m so scared. He killed both of them!
UNINTELLIGIBLE BETWEEN DISPATCHER AND COMM CENTER.
COMM CENTER: The address again for confirmation.
DISPATCHER: 7780 Bedouin Ave.
DISPATCHER: She says her mom and grandma are unresponsive.
COMM CENTER: Is that a house or an apartment?
DISPATCHER: I’m not sure.
DAUGHTER: House! It’s a house!
COMM CENTER: Okay, you’re in Twentynine Palms. What’s the phone number you’re calling from? SILENCE Hello?
DAUGHTER: Oh, me? 9-1-1. UNINTELLIGIBLE
COMM CENTER: Okay, take a deep breath. What’s the phone number you’re calling from?
DAUGHTER: 9-1-1
COMM CENTER: No, that’s the number you’re calling. What number are you calling from?
DAUGHTER: Oh, 760-819-####
COMM CENTER: Okay now, tell me exactly what happened.
DAUGHTER: Okay, my grandma jumped out of bed and then (unintelligible) at the door and she’s on the ground dead right now and my mom is in the room and naked, dead.
COMM CENTER: And this is your mom?
DAUGHTER: And my grandmom! Hurry!
COMM CENTER: I’ve already called and they’re going to get there as fast as they can. Now I’m going to ask you a few questions. You said you got up and found them both on the floor?
DAUGHTER: I got up and my mom, and this man, he started shooting people. I don’t know, and now he’s gone.
COMM CENTER: Okay, did somebody hurt them?
DAUGHTER: Yeeeesssss! And there’s blood. (Crying)
COMM CENTER: Okay, um, is there any wounds?
DAUGHTER: Yeeesss, there’s blood.
COMM CENTER: Okay honey, now take a deep breath because you’re very upset and it’s making it hard for me to understand.
DAUGHTER: I’m so sorry (crying).
COMM CENTER: That’s okay, I just want to make sure we’ve got the right stuff going for you. Okay, so you woke up and what did you find?
DAUGHTER: Um, yes, there’s two people hurt.
COMM CENTER: Okay, did you see anybody hurt them?
DAUGHTER: They’re shot.
COMM CENTER: Okay, one second. Have you talked to the, um
DAUGHTER: Have I talked to the what?
COMM CENTER: Have you talked to the Police Department?
DISPATCHER: They are on the way.
COMM CENTER: Hold on one second.
DAUGHTER: Oh my gosh … Mom?
COMM CENTER: It’s okay Hun. I just talked to the dispatcher that handles your area okay. I just wanted to make sure they’re informed okay?
DAUGHTER: Okay.
COMM CENTER: Okay, and how old are they?
DAUGHTER: One is 62 and one is 31.
COMM CENTER: Okay, now what happened to the other one?
DAUGHTER: What other one?
COMM CENTER: You said there were two people that were hurt. So how old is the other one.
DAUGHTER: Okay, 31 is the age of one, and the other is 62.
COMM CENTER: Are they awake?
DAUGHTER: No! They are dead. (crying, unintelligible)
COMM CENTER: They are driving there; I just talked to them and they’re about two minutes away.
DAUGHTER: Okay, so they almost will be here?
DISPATCHER: I think they are there. Is your front door unlocked?
DAUGHTER: Yes, (crying heard over voice of arriving deputy). Please help.
END
Tears in the jury and audience. Bowed heads.
Who do you believe? The Marines and that little girl, or the defendant.
Find the defendant guilty of first – degree murder.
357 p.m.
More jury instructions .
