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No verdict after the first day of deliberations in the Kreutzer trial | Hudsonvalley360.com

The jury began deliberations in the trial Wednesday afternoon after prosecutors and defense attorneys made their closing arguments and Judge E. Danielle Jose-Decker gave her instructions on how the law would apply to each count in the case.

Kreutzer, 38, was charged with attempted murder of a police officer, a Class AI felony, when she was arrested by police in 2020. Kreutzer was later charged with attempted second-degree murder, a Class AI felony, as well as second-degree assault, first-degree reckless endangerment, first-degree trespassing (all Class D felonies) and one count of prohibited possession and use of a firearm, according to the filing with the New York State Unified Court System's eCourts system.

Kreutzer's defense attorneys had no control over the witnesses in the case, said James Knox, one of Kreutzer's defense attorneys, in his closing argument.

“As you know, these were all public witnesses,” he said. “They had access to the evidence for four years, to everyone you saw testify here. That's how long ago the incident at issue in this case occurred, and that's how long they've had to prepare for the trial of this case.”

In his closing argument, Knox again addressed the testimony of several witnesses, including that of retired State Police Sergeant Paul Strobel.

Strobel testified Monday that Kreutzer pointed a gun directly at him and fired twice, but missed both times.

When Strobel called on the radio, he never said he was being shot at, Knox said.

“What was the call? Shots fired,” he said. “It was shots fired. Shots fired can mean anything. It just means shots were fired and at no one in particular. I expect an officer under fire to radio his countrymen, his boss and everyone he knows, 'I'm being shot at, officer under fire.' That didn't happen. Everyone agrees that didn't happen.”

Kreutzer was also unable to identify Strobel as a police officer based solely on the appearance of his vehicle, Knox said.

During his testimony on Monday, Strobel was shown a photograph of the vehicle he was driving at the time, a black Chevrolet Tahoe, and he said features such as the light bars, headlights and license plate with the state police symbol indicated his vehicle belonged to a police officer.

During cross-examination by Knox, Strobel said these features were not limited to police vehicles.

“So are you telling me these are things that make your vehicle different, or are you telling me these are things that show people it's a police vehicle?” Knox said in his closing argument. “It was only later that he admitted that he had turned off his lights and sirens before he got on the road. He did not arrive with his lights and sirens on. He had turned them off long before that.”

The only thing the prosecution proved was that Kreutzer had a functioning firearm, Knox said.

“And plenty of ammunition,” he said. “And if she really wanted to kill, wound or shoot a soldier, she had all the means to do so. But that didn't happen.”

The forensic evidence presented in the case also did not support the claim that Kreutzer shot Strobel, Knox said.

“They've looked into it,” he said. “They've looked into it with a magnifying glass. Because they have a colleague who told them, 'I was shot twice, I'm in my vehicle, I was shot twice.' They're going to look into it again, they're looking for evidence. They want to build this case. Of course, the alleged victim is one of them. And they haven't found a single piece of evidence that would show you that this vehicle was shot at. Not a scratch, not a mark, not a ricochet. Nothing.”

The jury should not convict Kreutzer on the assumption that she is anti-government, Knox said.

On Tuesday, Abdul Weed, a senior state police investigator, testified and read a selection of text messages between him and Kreutzer from the day of the alleged incident.

Weed was part of the crisis negotiation team during the alleged incident. In the texts, Kreutzer told Weed that he was “illegal” and that the government was a “domestic terrorist organization.”

“I ask you to resist the temptation to try Kreutzer, whether you share those views or not, because she is some kind of anti-government figure,” he said. “And then assume that she tried to kill a police officer, which is what they would have you believe. I think that's going too far, and I don't think the evidence presented about her views on the government allows any conclusions to be drawn about her intentions that day.”

The witnesses who testified during the trial did not prove the case beyond a reasonable doubt, Knox said.

“I ask you to declare the verdict of not guilty,” he said.

In her closing argument, Columbia County Assistant District Attorney Cheryl Botts said Kreutzer arrived at the residence at 438 Doodletown Road with the intention of taking it over.

“They learned the property was for sale and the defendant decided she wanted it,” she said. “Instead of making an appointment, which was indicated on the sign, and then finding out from the agent what was required, she went to the location without an appointment and without an invitation. She just decided she was going to take it. Who was going to stop her?”

Kreutzer arrived home on November 9, 2020 in combat gear, Botts said.

“She was dressed all in black,” she said. “She decided to take her 9mm pistol with her to load the car with everything she needed – her ammunition, her spare magazine. She was planning a hostile takeover of the property. And how do you know that, ladies and gentlemen? You know that because you don't bring your pistol and spare magazine when she just wants to look at the property.”

When Kreutzer saw Strobel's vehicle arrive at the house, she knew it posed a threat to her plan, Botts said.

“Her plan to take over the house was in jeopardy and she couldn't let that happen,” she said.

Anyone could have come up the driveway to the house, Botts said.

“The friend, the real estate agent, a neighbor,” she said. “But it wasn't that, and she knew it wasn't. It was the government, the domestic terrorist organization. The defendant, armed and ready, was not going to give it up to those people. In her eyes, the house was her house, and she wanted to take it and keep it by force.”

No one except Strobel could see where Kreutzer was pointing her gun, Botts said.

“There is no testimony whatsoever to the contrary,” she said. “Sgt. Strobel drove toward the defendant and the defendant came toward him. The defendant pointed the gun and pulled the trigger the first time, and Sgt. Strobel described to you exactly what he saw. The recoil of the gun and the smoke. He did not substantiate his statement by saying he saw a muzzle flash, because he could have. No one else was in a position to contradict him, ladies and gentlemen. But he did not, he sat there and told you the truth, exactly what happened.”

Kreutzer decided to go onto the property with her loaded gun, Botts said.

“She was ready to take over the house and no one, not even the New York State Police, could have stopped her that day,” she said. “When they tried, she pointed a loaded gun at Paul Strobel and fired. She shot at the police officers to stop her when they were only trying to save innocent civilians.”

The public prosecutor's office has proven every element of the allegations against Kreutzer beyond a reasonable doubt, said Botts.

“This defendant, ladies and gentlemen, planned a hostile takeover,” she said. “She prepared for it, she prepared for it, and she executed her plan, and no one, including Sergeant Strobel, could stop her. Someone from the government, the domestic terrorist organization, no one could stop her. Paul Strobel nearly lost his life that day trying to stop her. For what? Because he was just doing his job, ladies and gentlemen. I'm going to ask you now to hold the defendant accountable for her actions and decisions on November 9, 2020. To find her guilty on all counts.”

The jury's deliberations are expected to continue on Thursday morning.