SAN FRANCISCO, Calif. – Closing arguments in the murder trial of filmmaker and journalist Kevin Epps concluded Tuesday morning in San Francisco Superior Court, where Assistant District Attorney Jonathan Schmidt’s rebuttal was interrupted by members of the public accusing him of prosecutorial misconduct. The interruptions followed a motion for mistrial filed Monday by defense attorney Darlene Comstedt, alleging violations of Epps’ constitutional right to a fair trial.
Throughout trial proceedings, the defense argued that the prosecution attempted to persuade the jury to reach conclusions not supported by the evidence. The defense maintains that Marcus Polk had a documented history of violence, domestic violence, daily methamphetamine use and a prior conviction for lewd and lascivious acts involving a minor.
Despite this history, the defense asserts that the prosecution portrayed Polk as calm and peaceful on the day he entered Epps’ home, which the defense argues is inconsistent with the record.
A statement from supporter group Justice for Kevin Epps, published on its website, alleged that Schmidt’s conduct amounted to prosecutorial misconduct and stated that the court’s failure to intervene constituted judicial error and a denial of Epps’ right to a fair trial. The statement is available on the group’s website.
Arguments in the case centered on California’s Castle Doctrine, on which the jury received specific instructions. Under the doctrine, jurors must presume that a person who uses force against an intruder inside their home reasonably fears imminent death or great bodily injury.
The prosecution bears the burden of proving beyond a reasonable doubt that Epps did not act in fear. The defense maintains that the prosecution has not met this burden based on the evidence presented.
Before the start of Tuesday’s session, supporters gathered outside the courthouse at 850 Bryant St. for a silent vigil led by the Rev. Amos C. Brown of Third Baptist Church, where Epps is a congregant. Public concern surrounding the case has increased as it nears its conclusion.
Supporters now include San Francisco and San Mateo County NAACP Chapter Presidents Jonathan Butler and Maurice Goodman, retired SFPD Capt. Yolanda Williams, the Rev. Amos Brown and the Rev. Devon Crawford of Third Baptist Church, Pastor Aurelius Walker of True Hope Church, former State Sen. Mark Leno, former Supervisors John Avalos and Dean Preston, President of the Sheriff’s Department Oversight Board William Palmer, Rudy Corpuz of United Playaz, Damien Posey of Us4Us and others.
Nearly 600 individuals have signed a MoveOn petition calling for District Attorney Brooke Jenkins to dismiss the charges.
Jury deliberations began late Tuesday morning, according to court clerk records.
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