Mack's fate in hands of jury

CHARLESTON, SC (WCSC) - The jury in the Ethan Mack murder trial will begin its second day of deliberation Friday morning.

The case has been in the hands of the jury since 4:40 p.m. Thursday. A verdict could be delivered at some point Friday.

Judge J.C. Nicholson Jr. will begin court at 10 a.m. Friday and the jury will be instructed to continue deliberating.

The jury broke at 9:15 p.m. Thursday night after spending over four hours behind closed doors, trying to determine if Mack is guilty of murdering Kate Waring in June 2009. Judge J.C. Nicholson Jr. made the decision to end for the night and pick back up Friday.

Both the defense and the prosecution made closing arguments Thursday and the jury was given the case around 4:40 p.m. The jury has a lot of documents, videos and pictures to go through so it might be awhile before a verdict is delivered. Dinner is being brought into the jury room.

Judge Nicholson gave the jury instructions, telling them that Mack is charged with murder, obstruction and forgery. Nicholson told the jury they must deliver three verdicts, and the decision has to be unanimous. He charged them to follow the law.

The verdicts the jury can choose are guilty of murder, not guilty of murder; guilty of forgery, not guilty or forgery; and guilty of obstruction, not guilty of obstruction.

You have three crimes. You can find him guilty or innocent of any or all, Nicholson told the jury.

Judge Nicholson explained reasonable doubt to the jury, saying that the defendant does not have to be proven innocent.

"You alone must make the determination," Nicholson said.

The judge told the jury that Mack did not testify and that should not weigh on their determination because that is his right. He told the jury that they can believe as much or as little of each witness testimony.

Prosecutors say Mack tortured Waring with a taser at his James Island apartment, hit her with a wine bottle and put the unconscious woman in the bathtub to drown. Heather Kamp is also charged with murder and testified that she also killed Waring.

Defense attorney Stephen Harris began the closing arguments just after 1 p.m. Thursday.

"They made a deal with the devil," Harris said of the prosecution's deal with Kamp. "You have no choice to find him not guilty on this."

He told the jury that the prosecution wants you to believe that Kamp convinced Mack to commit murder in 20 days.

Harris said that 20 days is the amount of time it took for Mack and Waring to go from best friends to murder.

"Laid back, video game playing, employee of the quarter, to stone cold murderer," Harris said.

Harris said that Waring was the Godmother of his nephew and witnesses said they were "like family." Harris mentions the rose planted for Waring Ethan's mother.

Harris then Attacked Kamp reminding the jury that she evaded police, people, fiances and even her own family from California to South Carolina.

"She's possibly one of the craziest people I've ever met in my life," Harris said.

Harris said that everyone admits Kamp is a liar. Harris said that Kamp pushes them blame away from her like a previous armed robbery.

"She said you had armed robberies, and she said 'yes but let me clarify. I was just the driver,' " Harris said.

Harris said that Kamp took the story from beating Waring to having Mack torturing and killing her. Then she did a walk through.

"The story changes again," Harris said. "She was getting attention. She needs to be important and be listened to."

Harris said that the prosecution wants the jury to believe Mack killed Waring because of a drug deal and $4,500.

"In about eight days we will have known each other as long as it took for them to say it took (Mack) to turn into a killer," Harris told the jury.

Harris discussed the night on Riley Road where the prosecution says a wine bottle shattered, but there was no blood. He also said that the state had it tested only two days ago.

Harris said Kamp creates her own world where she's important.

"She creates her own movie in her head," Harris said. "The state bet on the wrong horse here."

Harris went as far as saying that Kamp is a trained seal who had a cheering section in court.

"We know heather Kamp killed Kate Waring," Harris said.

"The state got greedy," Harris said. "They want blood. They gave the store away to Kamp. They can't show you evidence. They have the ramblings of a crazy person. They wanted murder. They wanted the home run."

Harris told the jury that this case has not been proven beyond a reasonable doubt.

"You think he cleaned up?" Harris asked the jury. "That's not murder. The only person that puts Mack at the scene is Kamp."

Solicitor Scarlett Wilson began her closing arguments by saying that Mack chose Kamp over his mother, his family and over Waring. Over and over again.

"There is no deal and she knows it," Wilson said of Kamp's possible plea deal. "She's looking at murder. It's my call and it has been made."

Wilson pointed to Waring family and said that they are looking for justice.

"That man (Mack) left his friend in the woods to rot," Wilson.

Wilson said that she raised the red flag on day one and that is why she brought a psychiatrist in here.

"(Kamp's) story was more consistent," Wilson said. "It wasn't entirely consistent, but the core of it was corroborated."

Wilson said that in SC they don't have to prove motive. She said it's important because it makes sense of things because you can't ever know what was in somebody's head. She said that the prosecution can show you evidence of everything and Mack in the middle of it all.

"This is nothing new and now you know what I meant that very first day. These are choices made since the dawn of time."

Wilson said it is about sex and money and choosing one person over another.

"It happened right here," Wilson said.

"It doesn't matter who struck the first blow," Wilson said. "It doesn't matter who struck the last blow. The hand of one is the hand of all."

Wilson touched on the forgery charges against Kamp and Mack. She said that the state knows Mack was in on the forgery because Kamp said he was and bank photos, and a bank employee show that he was.

Wilson said that Mack confirmed he bought a mop in BiLo in the middle of the night and Antjuan Green confirmed the clean up. She told the jury to think about that when you look for corroboration.

Wilson told the jury that Mack told police Kamp loaned Kate $4,500.

"He's lying to protect himself," Wilson said.

Wilson brought up Wednesday testimony from Antjuan Green. Green said that Mack threatened to kill him with a rap song on their way back to jail in a van last week. Wilson told the jury that you can't get around that.

"There's one giant thing we skipped over," Wilson said. "Kamp corroborates. She brings you the time and date of death."

Wilson said that at 1:27 a.m., Waring is dead and Kamp testified to that. Wilson says the texts show that too. Kamp says they sent fake texts so it would look like she was out of town.

Wilson played a voicemail Mack left on the Waring home phone. She said that those are not the words of a true friend.

"That family was working with police," Wilson said. "They hired investigators. They didn't know if they would have to walk down the street and think they saw her. That guy calls to black mail them? That guy has a lot of Kamp in him."

Wilson said that Mack knew where Wadmalaw Island was, but Kamp didn't know. Wilson said he used the cell phone on that dock and he left her to rot and never looked back. He cashed the check. He pawned her ring. He kept the key ring.

Wilson said that she understands Kamp has problems and the evidence is overwhelming to that.

Mack chose a guilty verdict, Wilson said. She told the jury to be strong, be courageous and do the work. will continue to bring you live updates of the case Friday morning on our live blog.

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