Jury Deliberations Begin in Shane Case

A jury began deliberations Tuesday in the retrial of a man accused in the death of a 13-year-old Malibu girl.

The eight-man, four-woman jury received the case just before 4:30 p.m. Tuesday, and deliberated for about 15 minutes before being excused for the day. Deliberations resumed about 10:30 a.m. Wednesday, and went home at 4 p.m. without asking any questions. Jurors will continue deliberations Thursday morning.

During her closing arguments, Deputy District Attorney Marna Miller said Sina Khankhanian embarked on a suicide mission that led to Emily's death on Pacific Coast Highway two years ago. Miller told the jurors Khankhanian is guilty of murder whether he intended to kill the girl or not.

"He took off and he drove dangerously and recklessly until someone was going to get killed. He wasn't going to stop," Miller said.

This is the second trial for Khankhanian, who faces a second degree murder charge. If convicted, he could face up to 15 years in state prison.

Miller pointed to evidence from witnesses that called 911 about Khankhanian's reckless driving on the day of the crash as evidence that he was a danger to the public the minute he began a 17-mile drive down Topanga Canyon Boulevard to Pacific Coast Highway.

She asked jurors to consider the testimony of Judd Stark, who called to "report a driving terror," and told a 911 dispatcher that Khankhanian barely missed taking out a motorcycle driver.

The prosecutor also pointed to statements from emergency responders, who testified that Khankhanian told them he wanted to die and that Emily deserved to be killed. ()

She also played excerpts from jailhouse conversations between Khankhanian and his former fiancee, Mardi Martinez, in which he tells her to expand on her testimony. ()

Miller showed a powerpoint slide with the word "manipulation" in all caps while she played the recording.

"The defendant is manipulative," Miller said, adding that the jurors should hold him accountable for taking the life of such a young girl.

During his argument, defense attorney Bradley Brunon asked the jury to look at the entire jury instructions and not to rely on the prosecution's explanation.

"Was it murder, was it manslaughter or was it something else?" Brunon said.

He said that the prosecution's theory was incorrect, and that his client needed to intentionally "do the act" to be convicted of murder.

"You have to know that your act is dangerous to human life," Brunon said.

He added that his client may have been driving recklessly, but that he did not mean to kill Emily.

"He unintentionally through a negligent act, killed another person," Brunon said.

He spent more than an hour pointing holes in witness statements, even alleging that Andy Lyon, who testified that he had to evade Khankhanian just before the crash, made up the account.

"He didn't see the accident so it's not real critical, but it is a real trial," Brunon said.

He also claimed LA County Fire's Doug Smith lied on the witness stand. Smith testified that Khankhanian told him that Emily deserved to die minutes after the crash.

Brunon also pointed to expert testimony about the impact Khankhanian's autism has on his ability to understand his decisions.

In a rebuttal argument, Deputy District Attorney Keri Modder, who is co-counsel on the case with Miller, argued that the witnesses may have erred slightly in their memory, but that they were not lying. She also said that Khankhanian was not diagnosed with autism until the age of 19, mainly because he appeared to be normal for most of his life.