Ft. Worth Criminal Court Room of Judge Mollee Westfall, January 13, 2017.Note the correct spelling is Mollee Westfall NOT Molly Westfall.
The early morning session began with Closing Arguments as follows; 1.) State, 2.) Defense, 3.) Defense, 4.) State.
Note: Merrick did not take the stand, however he is not compelled to take the stand and juries are instructed not to make an assumption why he did not take the stand.
1.)State Prosecution summary to Jury….
This has to be disturbing news, after all parents trusted Merrick with their children and they turned them over to him. However, rather than lifting them up, he aids and promotes their path of destruction. I ask the jury to return a verdict of guilty on all charges.
2.) Defense Attorney
Detective Rebecca Graves (of Grapevine Police Department) has learned it is ok to smoke weeds. She is not an investigator but an advocate leaving Mr. Merrick under a cloud of suspicion. He has lost his job, all his friends, his passion for a sport he loved. He has lost everything but his freedom. He has a cloud over him for 22 months, his name drug through the mud. But where is the evidence or documents? The State wants you to believe that he and some of these girls drove 20 hours to Colorado smoking dope and drinking, yet none of them took one picture on their cell phone. Also note the DNA test for semen, that was finally conducted, did not come back to Merrick.
The Grapevine Police Department waited months before finally introducing the DNA 3 months before this trial. Now the Grapevine Police representative has the gall to say it did not matter anyway because the test was taken too long after the incident. It sure wasn’t that #2 and #6 assaulted and the only left for Merrick is his Freedom, don’t so lets not go there. He is accused of horrible acts but here is no evidence.
3.) Defense Attorney #2
The burden of proof is on the state to prove beyond a reasonable doubt the following;
1.) If he raped #6, If Derrick Merrick new the DNA had come back with semen, why would he voluntarily agree to admit to a DNA swab test?
2.) No Cell Tower records, yet the Detective had all the power to snatch these up and ruin his life by proving he was at certain locations, however the Detective did not get these records and by the time we tried is was too late.
3.) The girls continually were inconsistent with their stories. “#6” changed hers; she first told the police there was no ejaculation in the sink,(that was tested for DNA) by Merrick, then she says it did happen; then she says she doesn’t remember if he did or not. “#2” stated her assault in February 2015 was after the Colorado trip then she said it was before; there was nothing consistent about her testimony. Because “lies are hard to remember but the truth is easy.”
4.) One of the girls has a sexually transmitted disease and the State would have you think it was from Merrick, but offered no proof.
5.) One of these girls shows up at Merrick’s house and leaves a note on his front door, after the police were initially contacted, and ask him to call her.
6.) Merrick brought his daughter to the stand to “show a really good kid,” This is not a trashy family, Merrick doesn’t supply marijuana or alcohol. If you believed Merrick was doing these things, why didn’t his wife kick him out of the house like a “hot potato?”
7.) The issue is beyond a reasonable doubt. You must be beyond reasonable doubt now if you think he did these things.
8.) The founding fathers believed “it is better to let 10 guilty people to go than to convict one that is innocent.”
1.) There was evidence and corroboration with multiple girls confirming, Merrick is guilty.
2.) The story about why Merrick has a tattoo of the phrase, “always.” This was not something to do with some Liverpool team as his daughter testified, but proof was shown that in fact this was a term of endearment between #2 and Merrick. Merrick had this branded on his arm. And in many text messages and Facebook postings is was used as an endearing term between #2 and Merrick. Merrick was acting like a love struck teenager; they even carved their initials into a wooden bar at a Roanoke restaurant.
3.) Merrick wanted #2 to agree to a suicide Pact. Merrick searched for a gun to show his devotion to #2 and brainwashed her to the point he proposed she lay down in front of his car then he would run over her and kill himself; (allegedly if they were discovered and held apart).
4.) How did #2 know the exact hotel room that Merrick’s daughter testified it was room 121 and that Merrick was only staying there one night while he was putting tile in his Volleyball courts, while #2 testified he took her there and sexually assaulted her?
5.) Merrick brought edible marijuana to Colleyville Heritage. He had the audacity to go to the high school, text them to get them out of class and provided edible marijuana.
6.) Chili’s restaurant. Merrick was at this restaurant with #2 when a girl and the girl’s parent came in on a school day and saw Merrick and #2. Merrick immediately said he must be at the wrong restaurant because the team was meeting at a Chili’s and quickly left the restaurant.
7.) The Defense claimed the stories of the girls was inconsistent.
8.) Concerning the fact that Merrick voluntarily provided a DNA swab, if Merrick knew he had not ejaculated in the sink, he also knew that months later, even if he did, that no DNA evidence would remain.
8.) If the girls were lying about Merrick, why didn’t they also simply make up more egregious acts of Merrick instead of only the assaults that were reported?
9.) Concerning the note on Merrick’s front door; the girl, her older brother and her parents had known the Merrick family for a long time, it was entirely possible the older brother was pissed off and wanted Merrick to call him so he could have a go at him.
Damian pretended to be a 16 year old again instead of a 48 year old man.
“Find him guilty on All Counts,” concluded the State Prosecution Attorney.