PHOTO: “Open Zipper” in gray T-shirt now one of those being acquitted
By Garmah Never Lomo, garmahlomo@gmail.com
ZWEDTU, Liberia- As the Maryland motorcyclist murder trial comes to a close, Jurors at the 7th Judicial Circuit Court have handed down their verdict, acquitting Defendant Jeremiah Appleton, alias “Open zipper” and two others.
The Jurors’ not guilty verdict was handed down on Monday, June 13, 2022, after the Court presided over by Judge George S. Wiles heard final argument in the murder case of motorcyclist Modacious Nyema.
The two other defendants acquitted are Leo K. Williams and Alice Davis, who earlier pleaded not guilty. All three are being acquitted of the crimes of murder and criminal conspiracy.
Defendant “Open Zipper” was one of those accused of being sent to get human parts along with another man, Leo K. Williams.
Days after being found guilty of murdering a Maryland County commercial motorcyclist, Modacious Nyema last week, the Judge of the 7th Judicial Circuit Court on June 6, 2022 sentenced his killer to 47 years imprisonment.
The late Nyema was gruesomely murdered with parts extracted for alleged ritualistic purpose in Pleebo Sodaken District by April 2021, something that triggered mob violence in both Pleebo and Harper. And that eventually led to an imposition of temporary emergency measures in the affected areas by President George Manneh Weah. During the wave of protests, the home of House Speaker Bohfal Chambers was burnt as well as the destruction of properties, including the Harper Central Prison.
The verdict handed down was 10 for and two against.
During their 40 minutes each given in the final argument, state prosecutors informed jurors that an alibi can’t be used by the defendants to set them free.
Alibi is A defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred.
According to the lead prosecutor, Cllr. Wesseh A. Wesseh, they were not the one who forced convict Moses Mlarmah to confess Jeremiah Appleton, alias “Open Zipper”, Leo K Williams and Alice Davis name; therefore, their argument is based on the confession of Moses Mlarmah.
While on the cross examination, the defendants gave conflicting statements when they were testifying.
Defense lawyer, Rodney O. Moses informed the Jury that prosecution didn’t proved their case beyond reasonable doubt, neither did they show evidence against the defendants; which connected them to the crime of murder and criminal conspiracy.
Therefore, lawyer Moses said the defendants should not held guilty.
Defense lawyer Moses relied on Article 21(h) of the 1986 constitution of Liberia and the penal law of Liberia section 10, Chapter 10.4 and also Chapter 25 section 25.5 and 25.6 respectively.
Background
It can be recalled that on March 25,2021, motorcyclist Modacious Nyema was gruesomely murdered in Besseken, Pleebo Sodaken District, Maryland County, which sparked series of violent street protests by residents of the County.
During their trial proceedings, state prosecutors produced two witnesses and rested with evidence while the defendants took the witness stand and testified on their own behalf.
Prior to the defendants taking the witness stand, the public defender Rodney O. Moses filed a motion of acquittal on ground that the defendants have no connection with the murdering of motorcyclist Modacious Nyema but said motion was vehemently resisted by state prosecutors because the main defendant Moses Mlarmah wasn’t in alcohol neither he was tortured when he called their names.
However, the Judge ruled and denied the public defender motion for acquittal on ground that the trial is a jury trial and let it be left with the jury to decide.
Judge Wiles last Friday June 10,2022, instructed both state and defense lawyers to present their legal memorandum on or before 9am on Monday, June 13,2022 and final argument is to be heard at 11am the same day.
The state as per record has been represented by Assistant Justice Minister for Litigation, Cllr. Wesseh A. Wesseh and County Attorney E. Wilkins Nah, while the defendants have been represented by the office of the Public Defense headed by lawyer Rodney O. Moses.