AUBURN - Closing arguments were made in Cayuga County Court Wednesday during the trial of a Sodus man who is accused of promoting prostitution and robbing migrant workers.
During his argument, defense attorney Samuel Tamburo said his client, Clarence Brown, 56, who is charged with robbery, two counts of burglary, promoting prostitution and unlawful imprisonment, was the only witness whose testimony made sense.
Brown is accused of robbing Mynor Vasquez and Juan Lopez in two separate incidents on Dec. 31, 2005. District Attorney Jon Budelmann said it was alleged that Brown sold the victims prostitutes and then robbed them of CDs, DVDs, a cell phone, money and electronic equipment.
During his testimony, Brown denied promoting prostitution or robbing the victims and said the first time he saw Vasquez or Lopez was in court.
Brown will not know if the jury believed his testimony until Friday at the earliest.
Monroe County Judge Elma Bellini, who is helping with Cayuga County's case load by overseeing the trial, said the case would not be turned over to the jury until the end of the week because she had to return to Rochester on Thursday for a prior arrangement.
During his final argument, Tamburo reminded the jury that both victims denied buying a prostitute from Brown, failed to mention if Brown stole any of their property and did not identify Brown as the man who robbed them.
Tamburo also said the codefendants, Kelly Finnerty and Shannon Terwilliger, failed to collaborate each other's stories during testimony as they appeared to recall different events.
Tamburo even questioned why Brown was a suspect in the first place.
“Now I'm not saying this was the case but the only description is that of a big black man,” Tamburo said. “There are much fewer big black men in this area than big white men, which could be how (Brown) became a person of interest.”
But when Cayuga County Chief Assistant District Attorney Christopher Valdina addressed the jury, he said Brown was a suspect because he was the only person who fit the description who associated with the codefendants and had access to his wife's car, which was spotted at one of the crime scenes.
Valdina also said Brown's phone records showed he allegedly called Lopez's stolen cell phone around the time of the crimes.
“What's the best way to get the number of a cell phone and to see if it works,” Valdina asked the jury. “You call yourself with that phone!”
Valdina said building the case was like putting together a puzzle because none of the evidence on its own would be enough to possibly get a conviction.
“If you have any piece by itself, you don't know what it is,” Valdina said. “But if you get enough pieces together you can tell it's a house or a boat or something even if you're still missing some of the pieces.”
But Tamburo said he believed the jury could only make one decision based on the evidence presented in court.
“I can't reconcile the contradictions in this case for a guilty verdict and I don't think you can either,” Tamburo said to the jury. “If the evidence doesn't make sense you have to acquit. You can't make sense out of something that never made sense.”
During the trial, Tamburo said the witnesses appeared to be getting facts and dates mixed up with other events they have been charged with.
Brown, Finnerty and Terwilliger were previously convicted on April 24, 2007 in Huron and April 20, 2007 in Sodus for robbing migrant workers.
Tamburo went on to add that the two codefendants had selfish reasons for testifying against Brown.
“They got reduced sentences and plea bargains for their testimony here,” Tamburo said. “That limits the validity of their testimony because they know it's to their advantage if (Brown) gets convicted.”
Finnerty is waiting to be sentenced for possession of a stolen check and Terwilliger has previous convictions stemming from burglaries in Cayuga and Cortland counties.
Valdina said the two women had already been sentenced for their crimes and had nothing else to gain for their testimony.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
Brown is accused of robbing Mynor Vasquez and Juan Lopez in two separate incidents on Dec. 31, 2005. District Attorney Jon Budelmann said it was alleged that Brown sold the victims prostitutes and then robbed them of CDs, DVDs, a cell phone, money and electronic equipment.
During his testimony, Brown denied promoting prostitution or robbing the victims and said the first time he saw Vasquez or Lopez was in court.
Brown will not know if the jury believed his testimony until Friday at the earliest.
Monroe County Judge Elma Bellini, who is helping with Cayuga County's case load by overseeing the trial, said the case would not be turned over to the jury until the end of the week because she had to return to Rochester on Thursday for a prior arrangement.
During his final argument, Tamburo reminded the jury that both victims denied buying a prostitute from Brown, failed to mention if Brown stole any of their property and did not identify Brown as the man who robbed them.
Tamburo also said the codefendants, Kelly Finnerty and Shannon Terwilliger, failed to collaborate each other's stories during testimony as they appeared to recall different events.
Tamburo even questioned why Brown was a suspect in the first place.
“Now I'm not saying this was the case but the only description is that of a big black man,” Tamburo said. “There are much fewer big black men in this area than big white men, which could be how (Brown) became a person of interest.”
But when Cayuga County Chief Assistant District Attorney Christopher Valdina addressed the jury, he said Brown was a suspect because he was the only person who fit the description who associated with the codefendants and had access to his wife's car, which was spotted at one of the crime scenes.
Valdina also said Brown's phone records showed he allegedly called Lopez's stolen cell phone around the time of the crimes.
“What's the best way to get the number of a cell phone and to see if it works,” Valdina asked the jury. “You call yourself with that phone!”
Valdina said building the case was like putting together a puzzle because none of the evidence on its own would be enough to possibly get a conviction.
“If you have any piece by itself, you don't know what it is,” Valdina said. “But if you get enough pieces together you can tell it's a house or a boat or something even if you're still missing some of the pieces.”
But Tamburo said he believed the jury could only make one decision based on the evidence presented in court.
“I can't reconcile the contradictions in this case for a guilty verdict and I don't think you can either,” Tamburo said to the jury. “If the evidence doesn't make sense you have to acquit. You can't make sense out of something that never made sense.”
During the trial, Tamburo said the witnesses appeared to be getting facts and dates mixed up with other events they have been charged with.
Brown, Finnerty and Terwilliger were previously convicted on April 24, 2007 in Huron and April 20, 2007 in Sodus for robbing migrant workers.
Tamburo went on to add that the two codefendants had selfish reasons for testifying against Brown.
“They got reduced sentences and plea bargains for their testimony here,” Tamburo said. “That limits the validity of their testimony because they know it's to their advantage if (Brown) gets convicted.”
Finnerty is waiting to be sentenced for possession of a stolen check and Terwilliger has previous convictions stemming from burglaries in Cayuga and Cortland counties.
Valdina said the two women had already been sentenced for their crimes and had nothing else to gain for their testimony.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
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