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Search every verified Mark Simmons interview, podcast appearance, and on-the-record quote — each transcript cross-checked by AI and human review to confirm speaker identity. Mark Simmons, an attorney, delivered the closing argument in the 2019 first-degree murder trial of Rayquan Borum. During the argument, Simmons criticized the state's investigation, saying that detectives did not test a shell casing or collect a canister found near the body, and that a medical examiner's causation opinion was given with only about 51% medical certainty. He also questioned the credibility of a state witness, describing the witness as a convicted fraudster with incentives to lie, and argued that a concrete wall separated Borum from officers, making it impossible for him to have intended to kill a police officer. Simmons further stated that the presumption of innocence remained in effect as deliberations began.
“Detective Peck said it would be irresponsible to test that shell casing because it might lead them to the wrong person — but if testing risks naming the wrong person, why didn't they test to make sure they had the right guy?”
“The state's key witness is a convicted fraudster with incentives to lie — they put him on the stand, let him swear on the Bible, but you heard he wasn't telling the truth.”
“If you find yourself wondering why the state didn't get certain evidence or do certain tests, remember reasonable doubt is a chain — if they break one link by not pursuing evidence, you can't convict beyond a reasonable doubt.”
“There was a concrete wall separating Mr. Borum from the officers — how could he have intended to kill a police officer when the officers were ten feet back behind a barrier?”
“The witness didn't come forward until he was in federal custody — he repeatedly said 'no deal' but admitted 'anything's possible,' which shows he had motive and hope of a deal tied to his testimony.”
“The medical examiner admitted the causation opinion was only about a 51% degree of medical certainty — that's the civil threshold, not what's required to deprive someone of their liberty.”
“The state says felony murder could apply because there was an assembly of more than three people, but witnesses testified things were peaceful until the police began making physical contact.”
“They didn't collect the canister found near the body, and they didn't do a rounds count to determine whether officers fired — those basic investigative steps were skipped because they didn't fit the state's narrative.”
“The presumption of innocence is not over — Mr. Borum remains presumed innocent as you begin deliberations, and you must decide carefully because this is about a man's liberty.”
Attorney Mark Simmons. Rayquan Borum First Degree Murder Trial Closing Argument 3/6/19 .
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