No verdict today. Jurors are leaving for the day. They will start again 9 a.m. Tuesday. 

See you then for Verdict Watch! 

That's it folks. Be back if there is a verdict today. 

Judge Bruns will refer them back to 34 and 44 instructions on both questions. 

"Please define definition for trafficking and which charge is gun referencing" - are the jurors' questions. 

 

No verdict. The jurors have a question. Waiting for prosecutors and defense. 

 

Jury goes out at 1:30 p.m. 

I will be back live for verdict. That could be in a few hours, tomorrow or the next day. I can never predict or if I do, likely wrong. 

Jury watch 2023. Going to have a lot of those folks. Nearly back to back murder trials through April. 

Judge will randomly draw three names of jurors who will be alternates and not deliberate. They will be excused - two women and one man. 

Sends out jurors to start deliberations.  

Judge is giving jurors last of instructions. 

Maybanks: The state has reached it's burden of proof. Asks jurors to return guilty verdicts on each charges. 

Maybanks: When you're investigating a crime and find stolen items in cornfield that Donahue came out of, you don't keep looking. We don't go to find his brother in Chicago. 

Shooting someone at point blank range 10 times is intent to kill. 

Shows video of Donahue pointing gun at Halverson on every shot. 

Maybanks: Halverson looked in the face of the person that tried to end his life. 

Showing video of Donahue walking back to cooler and camera shows face of suspect.

Viewing evidence as whole leads to Donahue as the suspect. 

 

Maybanks: Fingerprint was found on gun's magazine by Donahue.

We should you everything in this case. Presented all testimony and evidence relevant in this case.  

If you find the eyewitness testimony is credible, you can consider it. Lampinen agreed you didn't need witness tesimony if someone is caught in the act, on video and find evidence in his possession.

No studies about in court ID not being reliable. Psychologists may think they aren't.  

Maybanks: Evidence shows Donahue walked a certain way. Man who was seen earlier is 6 foot. 

Dog led to almost where Donahue was found the next day. The dog lost scent going over gravel or roadway.

Money was found on Donahue. No prints on money. Don't have to because it was found in Donahue's pockets. 

 

Maybanks: Reasonable doubt doesn't include word possibility. Don't get drawn into possibilities. 

Defense was going into storytelling. Possible scenarios. This isn't storyfime unless there is evidence to back it up. This case is based on evidence. 

Possibility of second person because both airbags deployed. No sensors or wires. No evidence that there was a passenger in the van. Omar watched car until Donahue got out of driver's side. 

 

 

Maybanks will have present his rebuttal. 

Stiefel: He asks for not guilty verdicts on all 10 charges. 

Stiefel: Suspect had every chance to kill Halverson but he didn't. He had Halverson's loaded weapon. Halverson asked him not to kill him and he didn't. 

No shots to Halverson's head. Loaded gun left in the van. No intention that suspect tried to eliminate witnesses. 

If concluded it was Donahue, consider lesser charge of att murder - assault with intent to cause serious injury.

Trafficking in stolen weapon - Halverson's gun wasn't stolen at the time. Should be not guilty. 

  

 

Stiefel: Reasonably possible that Donahue wasn't man in Casey's June 20, 2021. 

 

Stiefel: Boot and sweatshirt discarded in ditch may have been from driver - whoever it is. Nothing ties those to Donahue.

No DNA from Donahue found on Halverson's gun. No DNA fron Donahue found on those clothes. 

No prints found in Casey's from Donahue. Didn't test cooler handle for prints. 

Print on Sig Sauer magazine. If it did belong to Donahue, there is no way to tell how long it had been there. Print doesn't tell you Donahue fired gun - just that he might have handled it. 

Second print on magazine - couldn't say it didn't come from someone else besides  Donahue. 

Stiefel: Possible to consider perimeter that police set up wasn't as tight as they thought. It took a news crew to report suspect on Aldridge Road.  

 

Stiefel: Dog track didn't led to Donahue, so it's reasonable to think scent came from another person. 

 

Stiefel: Omar dash cam shows it's difficult to see in the van, so it can't be ruled out that a passenger wasn't in the van. 

  

Stiefel: The jurors should consider whey they threw Donahue in "sea of white" and let them pick out Black man. 

Abel also said Donahue had a unique walk - waddle. Donahue and Gomire are brothers and could walk similar. 

 

Just to clarify - Michael Gomire wasn't suspect in this case and wasn't charged. 

Stiefel: Lampinen said a police line up with several people would be more reliable. But the prosecution has said that wasn't necessary. Were they afraid witnesses could pick him out of a line up or wouldn't pick Donahue.

 

Stiefel: Lampinen said there have been cases where eyewitnesses identify suspect but then that suspect was exonerated. 

 

Stiefel: Stepanek only saw suspect for a limited time. She said suspect had larger nose. She had seen Donahue's photo about 20-50 times on the news. 

Omar could only say Donahue had large forehead. He saw him in the dark. His in court ID might have been mistaken. 

Halverson was only in suspect's present for 3 seconds. It was a high stress situation. He was thinking about how to address the threat. He acted heroically but that's no reason to think his ID was reliable. 

Stiefel: Professor Lampinen, defense expert, said showing a single photo wasn't a proper way to identify a suspect. Makes identification unreliable. 

In court identification, reasonably possible to think they are mistaken. Consider Lampinen's testimony. Head covering hinders ID. Brain remembers faces as whole, not a feature or two. Cross race ID not reliable when person hasn't had experience with different races.

Exposure time affects reliability. 

Christianson said hood darkened his face. He saw suspect had big lips, more than average people have. He hadn't been around many Black people. Had seen Donahue several times on news before he testified. His in court ID may have been mistaken.  

Stiefel: Donahue was found on Aldridge Road.

Reasonable to think passenger ran off without his shoes, ran into field to lay low to avoid detection. 

Identification is one issue to consider. Eyewitnesses might have been mistaken on identifying Donahue as suspect.

Christianson was shown a photo of suspect, but the lead detective, Abel, didn't know about it for one year later. What other evidence did deputies miss.

Abel said he couldn't rule out fact that Christianson may have ID another person.   

Stiefel: White Nike shoes found in van. Someone left without putting those shoes on. 

Dog track never led to Donahue. 

Person crossing Hwy 13, near Monticello Rd., reasonable explanation that the person who left track may have been spotted crossing that road.

2 a.m. report of cows making noise. Driver of van crossed Monicello, wenr through cows and slipped through police perimeter.  

Stiefel: Reasonably possible explantion that Donahue might not have been person in Casey's. Michael Gomire and Donahue are brothers. They came to Ryan to visit their sister.

Donahue doesn't have a checking account and takes his money with him when he travels. Van registered to Donahue. No evidence that there wasn't others in the van before the shooting.

Van drives away and crashes on Buffalo Creek bridge. Both airbags deploy. Driver runs and Omar chases him without looking in van. 

Oltmann said he didn't know if airbag would only deploy if there was someone sitting there. Reasonable doubt there were two people in van.  

 

  

 

Stiefel: If you have a tiny thought that Michael Gomire or another individual might have been the suspect, then it's reasonable doubt. 

 

 

Stiefel: Prosecution must out rule Donahue was the only person who robbed Casey's. If they haven't ruled out that another person could be guilty instead of Donahue, that's reasonable doubt. 

If you think Donahue didn't intend to kill Halverson, then there's reasonable doubt on attempted murder charge. 

Same thing on the identification issue.

Small doubt, as long was reasonable, that's reasoonable doubt.       

Stiefel: He is going over the instruction on presumption of innocence. Donahue isn't guilty of every single charge that the prosecutor mentioned. 

Jurors will decide guilt or innocence. You will have to determine each crime beyond a reasonable doubt. 

 

We are back. 

Stiefel will now give his closing. 

 

Maybanks is done. Judge is calling for 15 min. break. 

Maybanks: Four people identfied him. That's the icing on the cake. 

Donahue told "Abel Whatever happened, if it happened, happened."

 

Maybanks: They knew his name, had his van, knew his sister lived in Ryan. 

It will up to the jurors to judge his credibility. 

Showing video of interview.

Donahue said he was 25, homeless and had Alzheimer's. Money found on him came from panhandling. 

He says he didn't have a phone. 

This isn't a case of whodunit.  

Maybanks: Greed got the best of him and he took the cash. He left other items and guns in the van. 

Maybanks: Showing display of Donahue's foot path by a house and then through fields. He wasn't found June 20, 2021 but was found the next day. 

During the search  on June 21, they found stolen items and Donahue's boots and sweatshirt. Donahue was searched that day not far from where stolen items and clothing was found. 

Every lead was investigated. They even investigated a report of cows mowing - because it could have been the suspect in the area. 

Donahue when arrested had cash and change in his pockets.

Maybanks: Donahue reached speeds of 60 mph in a 25 mph. Donahue went passed roads closed signs and crashed into concrete barrier on a bridge in Coggon. He fled on foot. 

With true grit and determination, Halverson learned to walk again. He spent 6 or 7 months to walk on his own. He pushed himself too much. Broke screws in his leg. It took him 12 months to recover.   

 

Maybanks: Donahue fled the scene in his van. Officer Heath Omar pursued him. 

Showing that portion of video. 

Maybanks: He is showing photo of ridge detail of print that was found on magazine of Sig Sauer.

Donahue took Halverson's service gun after he had been shot. 

Showing photo of Haverson's gun in his van, along with Donahue's gun.  

Maybanks: There was a partial fingerprint on the magazine of gun that was found in Donahue's van, along with Halverson's. The bullet casings and slugs found in the store matched this Sig Sauer gun - owned by Donahue. 

Maybanks: Donahue shot a public servant like he was speed bump that night. He shot him over and over and over and over. 

He was shot in the right thigh, right hip and torso. He had a rod to replace broken femur, fracture his head. 

Defense will make an argument that he didn't intend to kill him but you don't shot someone 10 times without intending to kill him. These were close rang shots. 

Donahue was caught in the act. He knew he was going to be caught.   

Maybanks: Showing video of Donahue shooting Halverson when the deputy comes in the Casey's. He fires 10 shots, hitting him 7 times. 

Deputy Halverson saw the van matching the description of the suspicous person from earlier that day. 

He grabbed his flashlight and looked inside. No clerks. Only Donahue was standing at front counter with garbage bag over shoulder. Halverson set down his flashlight ane reached for Donahue with his right hand. Donahue pulled away and started shooting him. 

Maybanks: Donahue left the store but them came back and took more items. He didn't know Stepanek had called 911 or the silent alarm had been activated when Christianson pulled the safe drop attached to two of top bills in the register in case of a robbery.

Showing video of Donhue coming back in the store and walking around and them he starts taking other items behind the counter, including more cigarette cartons. 

  

Maybanks: The employees were forced in the cooler and confined against their will for false imprisonment charge.

He is showing that part of the video of Donahue forcing the two into the cooler. Donahue put the gun in his pocket but both said they feared Donahue would harm them and had no choice.

    

Maybanks: Showing photo of Stepanek's stolen items found in Donahue's van. 

 

Maybanks: Donahue asked Christianson for his wallet. Christianson went back and told Maddie to call 911 and then Donahue came back to the kitchen and forced the employees into the cooler. Maddie was crying and saying what if she can't go to college.  

Maybanks is showing a photo of the stolen items from the store. Cigarettes, cash, change, garbage bag with items, gift cards. Christianson's personal items and Maddie's would found in cornfield near where Donahue was arrested. 

Maybanks: He is showing video of Donahue with gun in his hand and Jacob Christianson is giving him money out of the register. 

Christianson, former employee at Casey's, was a "man with ice in his veins." He submitted to Donahue's demands to keep him and Maddie Stepanek safe. 

He said a man came in with hoodie over his head and man didn't say anything. he looked out and saw the van matched the same one that was there earlier in the money that another clerk alerted them about. He had an eerie feeling about the man. 

Donahue then pointed the gun at him and told him to empty the register. 

Maybanks is going over elements of the charges: Donahue is charged with two counts of first-degreerobbery, attempted murder of a peace officer, two counts of false imprisonment, willful injury, attempted to elude, disarming a peace officer, trafficking in stolen weapons and possesion of a firearm as a felon. 

Maybanks: Every single crime is on video. Every bit of testimony shows Donahue committed the crime. No piece of testimony should he didn't. 

 

Maybanks: Donahue shot Halverson again and again. It felt like 100 shots to Halverson. This is a dream. He couldn't feel his legs, thinkng he was paralyzed. 

Halverson looked in the man's eyes who shot him. This is senseless and shocking. It didn't have to happen.

Donahue was caught in the act. Caught on video. Caught red handed. 

There's no doubt Donhue committed the crime. 

Whew! 45 instructions. Judge has finished reading those. 

Linn County Attorney Nick Maybanks will give his closing first and then Peter Stiefel, Donahue's lawyer, will give his. Maybanks then gets a chance to give rebuttal. 

   

Judge Bruns will read the instructions. This may take about 20 minutes or more. 

I will be back live when the closings start. 

The jury just came in. 

The defense rests. Donahue will not testify.

Good morning all! The trial will get started in a few minutes. 

Judge will first read in the instructions and then the prosecution and defense will make their closing arguments.