LIVINGSTON COUNTY — Danielle Allen’s fate now lies in the hands of a Livingston County Jury after Livingston County District Attorney Greg McCaffrey and defense Attorney Cheryl Myers-Buth wrapped up their closing arguments. Jury deliberation has officially begun and will continue tomorrow morning.
The jury received their final instructions from Judge Robert Wiggins including the charges. There’s another twist in the case, the jury will consider C Felony Manslaughter in the 2nd degree and if not found guilty on that charge a lesser charge is to be considered, E felony Criminally Negligent Homicide.
“The Physical evidence tells you the story that Marcus Postell is not here to tell you,” said Livingston County District Attorney Greg McCaffrey. “The DNA on the love seat, the DNA in the bathroom, the DNA on the body of Ms. Allen, the DNA on Mr. Postell. That is the story. That is the evidence that dispels any notion that she was justified in taking the life of Marcus Postell”
The defendent, Marcus Postel, died from a fatal stab wound to the chest, which Allen claims was self-defense.
Allen was represented by Joe Daniels and Cheryl Myers Buth who presented one witness,John Paolucci, a former NYPD cop and crime scene expert, who believed that Allen was underneath Postell at the time of the fatal stab because of the blood placement on Allen’s hair and Postell’s shirt.
“There’s a world between possibility and beyond a reasonable doubt,” said Defense Attorney, Cheryl Myers Buth. “In their opening, the DA said there was some kind of argument, possibly, in the bedroom. Well if you’re unsure what happened, if you think it could’ve happened, if it may have happened, if it probably happened or even if it almost certainly happened, you’re still a world away from beyond a reasonable doubt.”