July 25, 2005 3:58 PM
- Text
Perfectly Executed
Sebastian Burns and Atif Rafay (CBS News)
Beyond the damning evidence on that tape, the prosecution had another bombshell ready to drop on the defense. It wasn't the first time Sebastian used a movie as an alibi. When he was 16, he staged an elaborate cover-up to conceal the fact that he had wrecked the family car.
Prosecutor Davidheiser drew a haunting parallel between the accident scene and the murder scene. Back in high school, Sebastian went to great lengths to make it seem like someone else did the damage when he was at the movies. But the insurance company caught him in the cover-up.
Davidheiser pressed Sebastian: "You manipulated the evidence to appear as though it was something that it wasn't am I right?"
"Yes," says Sebastian.
"And the reason that you did that sir, was so that you could say that this accident happened while you were at the movies. Am I right?" asks Davidheiser.
"Correct," says Sebastian.
But, Sebastian said on the stand: "In the first case, I was responsible for the car scene. And in the second case, I had nothing to do with the homicide."
But Davidheiser would not let that statement go in front of the jury. He had more of that damning tape.
"Your behavior on that tape, when there's some laughing, did you think the murder of the Rafay family was some sort of comedy?," Van Sant asks Sebastian.
"No, absolutely not," says Sebastian. "We were lying and I was not thinking of the Rafay family when I was talking."
On tape, Atif told Van Sant, "To a certain extent, I had to essentially put the real events out of my mind entirely. So that I was really only thinking of the story that I was selling to Mr. Haslett."
"That's not a story that two scared individuals come up with because they think it's what two mafia characters want to hear," said Davidheiser. "That's the truth. That's the truth coming from the mind of Atif Rafay and Sebastian Burns."
But what would the jury believe? Six months of testimony come down to one final argument. The defense knows it is their last chance in front of the jury. "How many times does the evidence have to tell us it's not Sebastian and it's not Atif before we listen?" Jeff Robinson asks during his closing statement. He points to the bloody scene in Tariq's bedroom -- evidence of three killers.
Copyright 2005 CBS. All rights reserved. Prosecutor Davidheiser drew a haunting parallel between the accident scene and the murder scene. Back in high school, Sebastian went to great lengths to make it seem like someone else did the damage when he was at the movies. But the insurance company caught him in the cover-up.
Davidheiser pressed Sebastian: "You manipulated the evidence to appear as though it was something that it wasn't am I right?"
"Yes," says Sebastian.
"And the reason that you did that sir, was so that you could say that this accident happened while you were at the movies. Am I right?" asks Davidheiser.
"Correct," says Sebastian.
But, Sebastian said on the stand: "In the first case, I was responsible for the car scene. And in the second case, I had nothing to do with the homicide."
But Davidheiser would not let that statement go in front of the jury. He had more of that damning tape.
"Your behavior on that tape, when there's some laughing, did you think the murder of the Rafay family was some sort of comedy?," Van Sant asks Sebastian.
"No, absolutely not," says Sebastian. "We were lying and I was not thinking of the Rafay family when I was talking."
On tape, Atif told Van Sant, "To a certain extent, I had to essentially put the real events out of my mind entirely. So that I was really only thinking of the story that I was selling to Mr. Haslett."
"That's not a story that two scared individuals come up with because they think it's what two mafia characters want to hear," said Davidheiser. "That's the truth. That's the truth coming from the mind of Atif Rafay and Sebastian Burns."
But what would the jury believe? Six months of testimony come down to one final argument. The defense knows it is their last chance in front of the jury. "How many times does the evidence have to tell us it's not Sebastian and it's not Atif before we listen?" Jeff Robinson asks during his closing statement. He points to the bloody scene in Tariq's bedroom -- evidence of three killers.
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