Alex was in his friend Allison's home drinking straight vodka and doing drugs. Alex told Allison that he has not taken his prescribed mental health medications for two weeks. This did not concern Allison until Alex started discussing his plan to kill his father. Allison knew that without his prescribed medication, Alex could be psychotic. When Allison said she would call the police, Alex pulled a handgun out of his bag and threatened her with it. Allison, who feared for her life, fled from her home with the intention of going to a neighbor's house to call the police. As soon as Allison left, Alex stuffed a rag in the half-empty vodka bottle, lit it, and tossed it on the couch as he left the dwelling. Allison's dwelling went up in flames.

Alex then proceeded to the nearest convenience store, where, brandishing the weapon, he took money and cigarettes. Alex then drove to the home of his father where he broke down the door by kicking it in and shot his father to death.

The local police arrived shortly after that to find Alex unconscious on the living room floor. When the police revived Alex, Alex said he had no memory of the last several hours. Local police took Alex to their headquarters in handcuffs, where they interrogated him. After 10 hours of interrogation, Alex confessed to killing his father. Local police, however, forgot to read Alex his Miranda rights. Alex was charged with various crimes, including murder, assault, and arson.

In Part One of this assignment, imagine you are working for the prosecutor. List three witnesses you would call to testify at trial and explain the significance of their testimony. Note: Before the trial, the judge granted the defense motion to suppress Alex's confession that followed the lengthy interrogation. As such, the confession cannot be mentioned during the trial.

Draft a closing argument for presentation to the jury. Remember, as a prosecutor, you need to prove your case beyond a reasonable doubt. Be sure to remind the jury of the evidence you presented at trial regarding Alex's crimes. For example, what crimes did Alex commit? You may wish to refer back to your work on the Unit 4 assignment.

In Part Two of this assignment, imagine that you are working for the defense. List three witnesses you would call to testify on behalf of Alex Ashworth at trial and explain the significance of their testimony.

Draft a closing argument for presentation to the jury. Assume that, at a minimum, you are offering the defense of lack of capacity due to mental disease or defect. Also, discuss any other defenses that you would have presented evidence on at trial.

Regardless of whether you work for the prosecution or the defense, in preparing for trial, you will need to consider your "theory of the case" and what witnesses you will need to prove your case (for the prosecution) or your defenses (for the defense).  put yourself in the shoes of both the prosecutor for the State of Colorado and the defense attorney for Alex Ashworth.