GRAND JUNCTION, Colo. The fate of Heather Jensen is in the hands of the jurors as closing arguments wrapped up late Wednesday afternoon. It could be hours or even days before the jury comes to their decision.
Closing arguments were the defense and prosecutions last stitch efforts to try to seal their case in the minds of the jurors. Each side had 60 minutes to prove why they believe Jensen should be found guilty or not guilty of the charges.
Assistant District Attorney Rich Tuttle addressed the jury first. He said Jensen wasn't thinking about her boys on the night of November 27th 2012, but having sex with Colten Childers was her priority.
He went through a timeline detailing the events of the night and focused on all the lies Jensen told to the authorities on the scene, at the hospital and at the Sheriffs Office.
In an interview Jensen said she lied because she was afraid her then boyfriend would find out about her affair, but Tuttle said there was no reason for her to lie to doctors who had Tyler's life in their hands.
Tuttle said she knew exactly how hot the car could get and knew what she did caused their deaths and that's why she lied. He said they weren't teenagers who could take care of themselves but young boys who needed their mom.
"Yhey can't fend for themselves. These are little tiny boys, they wear little tiny shirts with things like Thomas the Train and Peanuts on them, little tiny pants, they need to be cared for," Tuttle.
Thea Reiff then delivered closing arguments for the defense and said the prosecution is focusing too much on the lies Jensen told and the intentions she had when going to Powderhorn.
She said they are making a big deal about her personal choices, but at the end of the day none of those things contributed to the foreseeable risk of leaving her kids in the car, which is what criminal negligence encompasses.
"Why make that the central focus of this case? To make her look bad. To create some sort of presumption in your mind of criminal negligence as opposed to the presumption of innocence," Reiff.
Reiff said she wants the jury to focus on the law instead of how they feel or what they think good parenting is.
Another interesting point she brought up was there's no element under the law these types of charges are specific to moms or parents and the fact that Colten Childers was never charged with criminal negligence is something she says the jury should consider.
Heather Jensen was given the option today to testify and she declined. The jury has been instructed to not use that against her.
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