Your honor, this courtroom has seen many things this evening.
We have seen two sides of a
story , the story is about the contamination of molivars water supply. This evening weve heard of three different spills, ANY one of which could be the source of the contamination. You have been presented a case with a clear bias. The case you were presented today by the prosecution featured three witnesses: A new farmer who spilled diesel on his own land, who is also suing the defendant in a separate cival suit; a novice documentary director who if the defendant WERE(?) found guilty would greatly benefit due to the great publicity his film would receive; and finally a disgruntled former employee of PennHydraGas who is clearly resentful for having been let go. These characters, for lack of a better word, are the cream of the crop, the witnesses the prosecution wished to utilize more than any others. Your honor, this evening you were presented the same story again by the defense. WE have provided you with three witnesses: a successful business owner who utilizes safe business practices; an engineer competent in hydraulic fracturing; and finally An expert in the field of environmental study and ecological safety. We have provided with you with tangible evidence namely a map and scientific publication. And Now Your honor, I must remind you of the facts of this case. I must remind you that MacDonald spilled diesel on his own land. I must remind you that Diesel fluid is made of diesel possibly the diesel spilled on the farm; water which is used on a farm for many things; and sand which is commonly used in irrigating water on a farm. I must remind you that Bobbie Jones was FIRED from PennHydraGas for sleeping on the job. Your honor I must remind you that the prosecution has presented you with characters, film producers, new farmers, laid off workers; and I must remind you that we the defense have provided you with professionals. Your honor at this time I must remind you that we have provided you with Mitchell Tomley; a successful woman competent beyond belief and one who cares about progress of not only her company but also the communities in which her company works; I must remind you we have provided you with Billie Jo Simplayton, a business woman with great experience with fracking; I must remind you that we have provided you with Shawn Marshall who testified to the plausibility of the prosecutions allegations. Your Honor I must remind you that to rule my client PennHydraGas Guilty, you must be certain beyond the shadow of a doubt that they violated the federal Safe Drinking Water Act. And Your honor I am certain that that shadow has been cast. The shadow was cast when it was revealed that Mickie Macdonald spilled diesel on her own farm. The shadow was cast when we learned that diesel fluid and diesel fuel are essentially the same. Your honor I remind you, nay I must remind you that the farm is scientifically too far from the drilling site, by a factor of 9.The shadow was cast when we learned that Bobbie Jones was fired from PennHydraGas. Your honor, I stand to tell you Doubts shadow has been cast, and that shadow is so great it eclipses this case. Your honor , we the defence ask that you dismiss all charges that PennHydraGas has violated section 71-4001 of the new York state safe drinking water act, as the people of New York and the esteemed counsel representing them have not met the nessesary burden of proof. Thank-you your honor, the defense rests.
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