Jurors will return Wednesday to deliberate fate of Steven Powell

Published: Tuesday, May 15 2012 1:00 p.m. MDT

"A criminal case is not about what seems to be reasonable," Currie argued. "A criminal case is about what has been proved. It's not about what you feel, but what you know."

Currie raised a "nosy neighbor" defense, saying that even if his client took the pictures there was no proof that he used them for sexual gratification, which is one of the key elements that has to be met in a voyeurism charge.

"There are people who are nosy. They like to spy on their neighbors," Currie said.

He said no fingerprints were ever lifted from the disk that contained the photos and the state did not prove Powell locked his bedroom door, meaning anyone in the house would have had access to it. He also tried to raise doubts that the images were taken from Powell's bedroom window and noted that no other pictures of naked pre-pubescent girls were found the disk that contained all of the images in question.          

"There's an alternative explanation to what happened here. … You have to acquit. That's the law. That's the oath you took," he said.

Blinn countered, however, by telling the jury the state only has to prove "beyond a reasonable doubt," not "beyond a shadow of a doubt."

"Is it possible men from Mars came down and took these pictures? Yeah," Blinn sarcastically conceded. "But that's not reasonable."

Better than fingerprints, he said Powell left his "digital identity" all over the disk that contained the alleged images. Self-taken images of Powell urinating, exposing himself and gratifying himself were also found on the disk.

He added that the images of other girls found on the disk, apparently taken without the subjects' knowledge, "speaks volumes" about what Powell was doing.

"I think the prosecutors did a really good job on their closing arguments. The defense, I believe, he was just rambling on and desperately trying to convince the jury otherwise. But the rebuttal was even better," said Denise Cox, the sister of missing Utah mother Susan Powell.

Even though her sister is not part of the trial, Cox said she was hopeful that at least justice would be served for the two young girls whose pictures were taken.

"They're going to be traumatized the rest of his life and he needs to pay for that. I feel really bad for them," she said.

Cox said she also took satisfaction in seeing embarrassment on Powell's part.

"I did see him at one time he did have a red face, he was embarrassed that his secret was told," she said.

The jury could be seen taking many notes as closing arguments were delivered, particularly while Currie was talking.

"Does it mean something? Does it not? You had some folks taking some pretty intense notes during the defense closing, does that mean something? I don't know," Bremner said.

E-mail: preavy@desnews.com

Twitter: DNewsCrimeTeam

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