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Robert marshall


McKinnon entered into a plea bargain in exchange for testifying against Marshall and Thompson he would only serve a five-year sentence and now he is in a witness protection program. .
             Marshall's attorney, Glenn A. Zeitz, seemed to make some mistakes during the trial. Zeitz failed to find and highlight evidence that showed Marshall's innocence. The prosecutor's motive was that Marshall killed for the insurance money, but Zeitz did not introduce clear evidence at trial to show that Marshall's finances were actually in excellent shape. Marshall claims that Zeitz did not call expert witnesses to repute this because he did not want to spend the money on the witnesses. .
             Zeitz also told jurors in his opening statement that Marshall would take the stand, which allowed the prosecutor to prepare for cross-examination against him. When Marshall did not take the stand at trial the prosecutor then used this against him. The jurors were told by the prosecutor that if he was innocent he should not have a problem taking the stand. Zeitz also made a deal with the prosecutor before closing arguments that they would not object to each other's closing arguments. The prosecutor took this opportunity to lie to the jury to try to get the conviction. .
             Zeitz made yet another mistake and we could say a deadly one at that. Under the previous deal made with Kelly, the prosecutor, neither side called witnesses nor argued for or against a full range of aggravating or mitigating factors. During the penalty phase of the trial Zeitz did not ask the jury to spare Marshall's life. Zeitz instead gave the following statement, "All I can say is this, that I hope when you individually consider the death penalty, that you"re each able to reach whatever opinion you find in your own heart, and that whatever you feel is the just thing to do, we can live with it." The phrase "we can live with it" suggested to the jury that Marshall didn't really care if he lived of died.


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