Ladies and gentlemen of the jury, sitting before you is 46 year old Mr. Alfred Jeffery James. We have been in this courtroom for nearly five days. It must seem like a lifetime for the James and Kinder families.
Mr. James is charged with Involuntary Vehicular Manslaughter of three year old Lucile Rose Kinder.
Mr. James testified that he did not see the child running into the street. He said, out of nowhere, he felt a huge bump. In his words, “Kinda like hitting a big pot hole or something like that,” bringing him to a stop.
Some believe that everything in life is at God’s will and by His hand. God’s decision six months ago tests the Kinder family’s faith. Forever being in the lap of the Lord is no substitute for tucking Lucy’s nitey-nite blanket way up under her chiny chin chin so no air can get in.
Lucy’s mom and dad testified they saw the accident in “slow motion” from too far away. All they could do was scream.
Ladies and gentlemen we have two, not one, parties that were absolutely, indubitably and circumstantially unable to prevent the accident, those being Mr. James and Lucy’s mother and father.
This accident is the result of a voluminous tangle of unavoidable events. A beautiful little girl, playing with a ball, chases it into the street and is struck by a car. She was unaware of the clouds, the trees, and the traffic swishing by. Childingly, she was myopic on catching her ball.
Life’s spider web of every-day circumstances bring us the good, the bad and the ugly. Six month’s ago it was the ugly for the Kinders.
For three days we have listened to accident reports. We have looked at colored photographs we wish we hadn’t seen. Mr. James does not dispute the reports nor the photographs. Put them into a manila folder, close the cover, and put a salt shaker on it to keep it closed.
The key to Mr. James’ appropriate acquittal lies in the answer to why. Why did it happen? It happened because an errant rubber ball rolled into the path of a moving vehicle. That’s it.
You have the choice of sending Mr. James home or condemning him to agonizing years in prison, punish him for being in the wrong place at the wrong time...punish him for being in the wrong place at the wrong time. “There, but for the grace of God, go you or I. “
Man’s laws, though well intended, are not always round pegs in round holes. They are fallible. Fallible and salient here today.
Ladies and gentlemen, you are charged with finding honesty, leading you to truth, leading you to your judgment.
Alfred J. James is not at fault. Fault lay squarely on the back of a red rubber ball. Without it, we were never here.
Ladies and gentlemen, we ask you to return Mr. James to his home.
The defense rests your honor.
