Zamora Jury Deliberates
(FORT WORTH, TEXAS - Feb. 16) Diane Zamora's fate is now in the jury's hands.
A Texas jury will decide whether Zamora was a submissive victim of her ex-fiancee, David Graham,
or whether she was a jealous driving force behind the murder of Adrianne Jones. In her closing
arguments, prosecutor Michele Hartmann cast doubt on Zamora's testimony that her four alleged confessions to various
trial witnesses were either "misinterpretations" or lies. Hartmann said that to believe Zamora's story, jurors would
have to believe that at least four different witnesses were liars and Zamora was the only one telling the truth.
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Michele Hartmann presents the
prosecution's closing arguments |
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Hartmann also portrayed Zamora as a liar, saying that the defendant's small lies about never buying a gun for
Graham and reserving it on lay-away (Zamora's daily planner indicated that she did buy Graham a gun) show that
she is capable of lying about bigger issues. In addition, the prosecutor attacked Zamora's account of the murder
by reminding jurors that Zamora said she was on drugs and was not wearing her contact lenses on the night of the
murder. Therefore, Hartmann said, Zamora could not have clearly seen Jones running out of the car and Graham shooting
Jones. And if Zamora had taken as many drugs as she had claimed that night, she should have been at least groggy or "out like a light."
"'Shoot her! Kill her! Shoot her!...,'"Hartmann quoted Zamora from Graham's confession. "Diane Zamora was Adrianne Jones's judge, jury, and her executioner that night."
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In his closing statement, Zamora's attorney Don Gandy responded by quoting his client's prior testimony where she said, "Because of me someone is dead." Gandy claimed that Graham had instilled this thought in Zamora. However, Gandy said, Graham had dominated Zamora, forced her into the murder and was really to blame for Jones's death. Gandy said that the blood of Adrianne Jones found in certain sections of the car could have resulted only from Zamora's claim that Graham brought Jones's body back to the car and told her, "Look what you made me do."
Defense attorney John Linebarger reminded jurors how investigators allegedly handled evidence from the crime scene sloppily. Linebarger insisted that Zamora's only intention was to confront Jones about her alleged affair with Graham. According to Linebarger, the prosecution's own witness, Graham's friend John Green, indicated that Graham was the dominant person in the relationship with his testimony about the couple's demeanor after the murder. Zamora was hysterical while Graham appeared calm and collected, an alleged sign of his control over the relationship.
Linebarger also showed the jurors Graham's drawings of Zamora and a murdered Jones in which he claims that Zamora is his property. He characterized the illustrations as "sick" and indicative of Graham's violent tendencies. In addition, Linebarger quoted one of Graham's letters to Zamora in which he told her he would kill for her.
For the first time (and without any prior testimony during the trial), Linebarger gave jurors a theory about Graham's alleged motive for killing Jones without Zamora's consent. The prosecutor said that during his tryst with Jones, Graham could not perform sexually because he did not have a gun to use on Jones. (Acording to Zamora, Graham usually pointed a gun at her during their sexual encounters.) Because he did not have the gun and this was not an act of violence, Linebarger theorized that Graham wanted to protect his "macho" image at his high school and continue to assert his dominance over Zamora by concocting a story that he had sex with Jones. According to Linebarger, this "story" both protected Graham's image and made Zamora jealous.
In the final closing statement for the prosecution, Michael Parrish called Zamora a "non-truth teller." Parrish implied to jurors that if Zamora had suffered all the alleged sexual and physical abuse from Graham that she alleged, then she would have told her Annapolis roommates, Jay Guild, and her former best friend Kristina Mason about it.
"Zamora's statements [her alleged confessions to Mason, Guild, and two Naval Academy roommates] are not subject to interpretation," Parrish said. "It's either you said it or you didn't. She's [Zamora] being untruthful with you...She's lying to you."
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Feb. 16: Prosecutor Michael Parrish delivering his closing arguments.
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Parrish also told jurors that Zamora freely made her confessions to investigators when she was arrested in September 1996 and that nothing was coerced. The prosecutor reminded jurors that the defense's own forensic psychologist Michael Lobb testified that Zamora's psychological profile fit that of a sociopath and a classic criminal and that sociopaths lie.
Prosecutor Parrish ended his closing argument by telling the jury, "Lives matter, truth matters, Adrianne Jones matters. The only verdict that you can return with the evidence that you have is guilty of capitol murder."
The jury will decide whether Diane Zamora is guilty of capital murder, kidnapping , false imprisonment, and assault. Jurors will not consider lesser included charges of murder or involuntary manslaughter. (Under Texas law, murder is the intentional killing of another. However, capital murder includes murder with an underlying felony of kidnapping, robbery, aggravated sexual assault, arson, or obstruction. The prosecution's theory is that Jones was kidnapped by Graham and Zamora by being deceptively lured by them into Graham's car on the night of her murder. If Graham had not asked her out on a "date" then Jones would not have been in the car. Prosecutors also feel Zamora and Graham committed obstruction when Zamora allegedly ordered Graham to follow Jones out into the field and shoot her so that she would not tell authorities about their attack on her in the car.)
With their decision to have jurors consider only the capital murder charges against Zamora, it is an "all or nothing" strategy for prosecutors. If convicted of capital murder, Zamora faces an mandatory life in prison sentence with the possibility of parole after 40 years. (For murder only, Zamora would face an array of sentences ranging from five to 99 years or life in prison or five to 10 years' probation.) Court TV will cover the verdict live once it is announced.
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