ÒMisery might love company, but it doesn’t help come up with a closing argument,Ó he said.
The case breaks down into three parts, he said.
First, the undisputed fact that Basilone was ”senselessly gunned down,” and also that at the time he was killed he had cash in his pocket and jewelry that wasn’t stolen.
Second, Stewart lives near Basilone’s, just a few blocks from the bar on Roemer Boulevard, and walks by the establishment frequently.
Third, and the point of emphasis for Goodwin, is that the only direct evidence that tied Stewart to the crime came from “two corrupt and polluted sources,” he said.
“Maybe is not beyond a reasonable doubt. Maybe is not justice,” Goodwin argued.
“This case is not about what happened. It’s about who did it,” he said.
The jury believed Stewart was the man.
They saw more than an hour’s worth of surveillance video footage from outside BasiloneÕs that night that depicted Stewart, Campbell and Tylor Kalenic, another alleged co-conspirator who hasn’t been charged.
In that footage, Stewart is wearing a gray Champion hoodie and jeans.
A pink “D-ring” is visible beneath the hoodie attached to a belt loop of the jeans.
Stewart is wearing the same outfit in a cell phone “selfie” he posted in October 2011 to the social media site Facebook.
Linking that picture to the surveillance video was the case’s “defining moment,” Southwest Mercer County Regional Police Detective Sgt. Andrew Thomas.
Thomas was the lead investigator in the case, which has dragged on for almost two years since Stewart and Campbell were arrested on Jan. 4, 2012.
Kochems asked jurors to use their common sense to help decide the case.
“You don’t sit around and guess. You look at what the facts are,” Kochems said.