During closing statements on Wednesday at Amber Brooks's murder trial, the attorneys clashed over the credibility of a key witness
NEWARK -- At the center of Amber Brooks's second murder trial is the testimony of Jennifer Prophet, who claims Brooks fired a gun in her direction on a Newark street in 2013 and ultimately killed an innocent bystander who was coming out of a nearby restaurant.
But during closing statements on Wednesday, the attorneys clashed over whether Prophet has been telling the truth.
Essex County Assistant Prosecutor Roger Imhof said Prophet has been truthful and provided her account to police, because "an innocent man" had been murdered.
"Jennifer came forward, because a man died, an innocent man died, and she could not live with that, and she was going to tell the police what happened and what she saw," Imhof told the jury.
Brooks's attorney, Janelle Cleary, however, told jurors Prophet lied to them and has been acting out of a "personal vendetta" against Brooks, because Prophet blames her for an earlier break-in at Prophet's home.
"She's not credible," Cleary said. "She's not worthy of your trust."
The jury is expected to begin its deliberations on Thursday.
Brooks, 21, of Newark, is facing murder and related charges in the Feb. 3, 2013 fatal shooting of 49-year-old Newark resident Michael Brown on Elizabeth Avenue in the city.
Authorities allege Brooks was firing in Prophet's direction when she shot Brown as he was leaving a nearby restaurant.
At her first trial in 2014, the jury found Brooks not guilty of an attempted murder charge, but could not reach a verdict on the remaining charges.
As was the case during the first trial, the second trial has been based in large part on the testimonies of Jennifer Prophet and her uncle, Eugene Prophet, both of whom have identified Brooks as the shooter.
On the night of the incident, Jennifer Prophet said she, her uncle, and another man walked over to Elizabeth Avenue to find Brooks, because Prophet believed Brooks was responsible for an earlier break-in at her Milford Avenue residence. Prophet testified that Brooks was a friend of her niece and had visited their home.
On the witness stand, Prophet said Brooks, then 18, soon arrived at the scene with two boys. After snatching the gun back from one of the men, Brooks said "you better look out" and then opened fire, Prophet said.
Prophet indicated Brooks first pointed the gun at her on the sidewalk, and then fired the weapon after Brooks had backed up into the middle of the street.
During the first trial, the defense presented testimony from Tazmere Montague, who said he was present at the time of the shooting and Brooks wasn't there. He claimed the shooter was one of three masked men.
Montague was expected to testify for the defense at the second trial, but he never appeared in court. Brooks did not testify at either trial.
Jurors also have been presented with surveillance video of Elizabeth Avenue at the time of the incident, which showed Brown being shot and falling to the ground. But all of the people involved cannot be clearly seen in the video.
During her closing statement, Cleary attacked the credibility of Prophets and pointed out inconsistencies between their testimonies and previous statements they made.
For example, Cleary noted how Eugene Prophet testified he saw Brooks's face while they were on the sidewalk and that a tree was not blocking a street light, but he previously said he could not see Brooks's face and that the tree was blocking the light.
Cleary claimed Jennifer Prophet lied about not ducking when the shots were being fired, because the surveillance video shows her ducking. Cleary said Prophet wants to "sell her story" that she never took her eyes off the gun and the three people Prophet claims were Brooks and the two boys.
According to Cleary, Prophet lost sight of the gun, because the tree and cars were blocking her view as that group moved into the street.
"Don't let Jennifer Prophet use this system, this courtroom, this courthouse, our judicial system, to satisfy her personal gains, to satisfy her need for revenge against Amber," Prophet said.
But Imhof maintained the Prophets were telling the truth and dismissed Cleary's assertion that they lied out of a "vendetta" against Brooks.
"Is that reasonable? Is that logical?" Imhof told the jurors. "Or is it more reasonable and logical that they felt for an innocent man who was murdered?"
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.