Caleb Flynn Closing Arguments: What Does the Evidence Actually Prove?

Tony Brueski (0:00)

You're listening to continuing coverage in the trial of Caleb Flynn from the Hidden Killers podcast and True Crime Today. Now, back to the courtroom.

SPEAKER_2 (0:11)

At this time, Council for their state will present its closing argument. Mr. Joseph, would you like to proceed?

Matthew Joseph (0:18)

Thank you, Your Honor.

Thank you, Your Honor. Members of the jury, thank you for your time, for your attention and for your service. The state began this case with the defendant's own words, words about his wife, Ashley Flynn, words written to his mistress in hours and days before Ashley's murder. We explained that those words matter because they reveal motive, intent, and the truth behind the lies the defendant told after he shot his wife, Ashley, the mother of his two young daughters in their home.

As to the defendant's actions, he has been charged with aggravated murder, three counts of murder, two counts of felonious assault, and three counts of tampering with evidence. There are also multiple firing specifications. The state has proven each element of each crime beyond reasonable doubt.

The purpose of these slides is not for you to memorize the charges or the elements, as the judge just explained, you'll be given a copy of the instructions and the elements. There are just a few things that I would like to draw your attention. In Ohio, when conduct violates multiple statutes, each violation can be charged separately. You will consider and vote on each count individually, even if the charged conduct overlaps. The defendant, Caleb Flynn, is charged with nine counts. Not only is there some overlap in the conduct being charged, several of these charters are also interconnected. Count one is aggravated murder. For this count, the state must prove that the defendant purposely and the prior calculation and design caused the death of Ashley Flynn.

Prior calculation and design means more than an instantaneous decision to kill. It means advanced reasoning, a plan to cause death. There is no specific amount of time required. When you consider whether there was prior calculation and design, consider the evidence you have heard about the defendant and Ashley's relationship. Consider his preparation, the timing, the opportunity, his words before the murder, his actions before the murder, and whether what happened to Ashley was an instantaneous eruption of events or something the defendant had thought about before.

Count 2 is murder. The state must prove that the defendant purposely caused Ashley's death. The difference between counts 1 and 2 is prior calculation and design. It's not a requirement of count 2

The mental state necessary for counts 1 and 2 is purposely. An operation acts purposely when it is the person's specific intent to cause a certain result.

Counts 3 and 4 are another form of murder. One you would hear referred to as felony murder. And this is where the charges start to connect. For these counts, the state does not have to prove that the defendant intended to kill Ashley. Instead, the state must prove that he committed a felonious assault and that Ashley's death was the result of that felonious assault.

There are two counts of felony murder because there are two different forms of felonious assault committed in this case. Count 5, the defendant knowingly caused serious physical harm to Ashley. And count 6, the defendant knowingly caused physical harm to Ashley by means of a deadly weapon. Both of those counts are two different charges of felonious assault. One, serious physical harm, and two, a deadly weapon. And those are being considered separately.

The defendant is guilty of committing two counts of felonious assault because for count 5, causing death is causing serious physical harm. And for count 6, the firearm is a deadly weapon. So these charges fit together, the last four that I discussed. Count 5, knowingly causing serious physical harm, is the underlying felonious assault assault charge for count 3 felony murder. While count 6, knowingly causing causing physical harm with a deadly weapon, is the underlying felonious assault for count 4 felony murder. Because Ashley's death was the result of those felonious assaults, you must also find the defendant guilty on the corresponding felony murder counts.

Then you have count 7, 8 and 9 tampering with evidence. And the elements of change reached count was court, sorry, it's important to note on that count is that you knew that an official proceeding or investigation was in progress or was about or likely to be instituted.

For counts 5 through 9, the mental state is knowingly, a person acts knowingly when they are aware that their conduct will probably follow certain results or will probably be of a certain nature.

The difference between the three counts of tampering with evidence is the evidence that the defendant tampered with. Count 7, the fire that he was exposed to after murdering Ashley. Count 8, the side garage door and assembly that you attempted to make look like it had been damaged by a burglar. Count 9, the snoot emails. You heard from Agent Kinzig that the emails were present when the preservation request was sent and that they were not there when the data was returned to her. Count 7 and 8 occurred on February 16th. Count 9 occurred on February 17th. Finally, counts 1 through 6 have firearm investigations. The state must prove the defendant had a firearm honor about this person or under his control while committing the offense in display, brandished, indicated that he possesses, or used that firearm to facilitate the offense. Count 7 also had the firearm specifications where the state must prove the defendant had a firearm honor about this person or under his control while committing the tampering offense, which is getting rid of the firearm.