Question
I ONLY HAVE TO TALK ABOUT MY ROLE WHICH IS INVESTIGATOR QUINN 2. Identify the evidence that supports the prosecution. In other words, identify how
I ONLY HAVE TO TALK ABOUT MY ROLE WHICH IS INVESTIGATOR QUINN
2. Identify the evidence that supports the prosecution. In other words, identify how each prosecution witness' testimonial evidence will prove the defendant's guilt. (This will be about 3-4 p a g e s.)
Short Examples: Prosecution Witness A will testify that s/he saw the defendant holding a steak knife, and this testimony will be used to prove that the defendant had a steak knife in his/her possession and used the steak knife to stab the victim. Prosecution Expert Witness B will testify that the victim died from a stab wound inflicted by a narrow knife with a 3-inch blade, and this testimony along with
Prosecution Witness A's testimony will be used to prove that the defendant stabbed the victim with the steak knife. 3. You must also offset the defense at trial. So, for each defense witness, identify that witness' flaws, shortcomings, or weaknesses. In other words, identify how the prosecution can undermine and impeach the witness' credibility and reliability. (This will be about 3 p a g e s.) Short Example: On the cross-examination of Defense Witness X, who will testify that s/he knows the defendant to be a gentle person, the prosecutor will elicit from Defense Witness X that s/he did not see the defendant every second of the day. This point will be made to show that there were times when Defense Witness X did not see the defendant and that the defendant could have committed the crime while the defendant was out of the witness' sight
I HAVE TO WORK ON A AN ANALYSIS OF WHAT PART MY WITNESS PLAY
I AM INVESTIGATOR QUINN AND HOW IT IS IMPORTANT TO THE TRIAL AND WHAT PART OTHEY PKAY IN SOLIDIFIYING THE CASE
THE CASE
TRIAL 9.9 Murder STATE v. FRANK FLETCHER and ARTHUR MORRIS Introduction This case involves a killing of a police officer on July 2, [-1]. Officer William Kane was shot while he was sitting in his parked squad car. A witness, Shelby Green, reported what s/he had seen to the police. Two weeks later Richard Edwards was arrested for a burglary. Green identified Edwards as one of the three men who were involved in the Officer Kane shooting. At first Edwards denied being involved in the shooting, but he later changed his story following an agreement with the prosecutors. He then implicated defendants Fletcher and Morris as the other persons who committed the shooting. On July 26, the police arrested defendants Fletcher and Morris at their apartment. Police records show that Fletcher had been convicted of armed robbery, receiving a two-year sentence, six years ago. Morris had been convicted of burglary two years ago and received one year of probation. Edwards has been charged with the burglary, for which he was arrested, but that charge is still pending at the time of the trial in this cause. He has not been charged with the killing of Officer Kane. Police records show Edwards was convicted of burglary six years ago and served a sentence of one year in the state penitentiary. The autopsy report from the county medical examiner's office disclosed that Officer William Kane was killed by a gunshot that entered his head at the right temple and exited his head at the left temple, lacerating the brain. The autopsy was performed on July 3, [-1], by Dr. David Dodd, a county medical examiner's pathologist. No pellet was recovered from the body. 2 Pleadings The state has filed murder charges against Fletcher and Morris. Both have entered pleas of not guilty. The case is being tried in your state and your jurisdiction's criminal law applies. Witnesses The State may call the following witnesses: 1. Richard Edwards 2. Shelby Green 3. Investigator Quinn Kelly 4. Sergeant Lee Williams The defense may call the following witnesses: 1. Frank Fletcher 2. Arthur Morris 3. Madison Sampson If impeachment proveup becomes necessary, the parties must prepare an appropriate stipulation to admit the proveup evidence. Exhibits and Materials The following may be available: 1. Edwards' statement to Kelly 2. Edwards' grand jury testimony 3. Kelly's arrest report 4. Preliminary hearing transcript 5. Sampson's statement to Daniels 6. Ballistics report 7. Fingerprint report 8. "Off the Heat" sign 9. Photograph of the squad car 10. Diagram of intersection 11. Box of .38 caliber shells (photographs) 3 Both sides must agree on written stipulations for the following: 1. Cause of Officer Kane's death 2. Prior convictions of Fletcher, Morris and Edwards (if admissible to impeach and not admitted during examination) 3. The box of .38 caliber shells in this file is the box of shells Investigator Kelly says s/he found in Morris's dresser. 4. The photograph of a police squad car in this file is a photograph of Officer Kane's car, taken by a police photographer on the day of the shooting. 5. Edwards has been in police custody since his arrest on July 16. 6. Fletcher and Morris have been in custody since their arrest on July 26. 7. The ballistics report qualifies as a Rule 803(8) public record. 8. Admissibility of the fingerprints report Fletcher and Morris have filed a Notice of Alibi in which they state they were at their apartment watching a videotape of "Jurassic Park" at the time of the killing. No one else was present in the apartment at that time. The trial court has denied the defendant's motions to suppress their statements and the items found in their apartment. 4 STATEMENT OF RICHARD EDWARDS TAKEN ON JULY 16, [-1] AT POLICE STATION QUESTIONS ASKED BY INVESTIGATOR QUINN KELLY: Q. What is your name?1 A. Richard Edwards.2 Q. How old are you?3 A. Twenty-five.4 Q. You understand that you don't have to answer my5 questions and that you are entitled to have a lawyer?6 A. I know that.7 Q. I am going to ask you some questions about the killing8 of a police officer at LaSalle and Division Streets,9 on July 2 of this year.10 A. I don't know anything about that.11 Q. Were you anywhere near that corner on July 2 of12 this year at about 9:00?13 A. No, I think I was at a movie on the south side with my14 girlfriend.15 Q. Do you have any information at all about the16 killing of a police officer on that night?17 A. I didn't even know a police officer was killed18 until you told me about it a few minutes ago.19 Q. Do you have anything to add?20 A. No. I have told you the absolute truth.21 Q. Will you sign this statement after reading it?22 A. Yes.23 Witnessed by: _________________________ Investigator Quinn Kelly 5 TRANSCRIPT OF GRAND JURY PROCEEDINGS ON JULY 19, [-1] RICHARD EDWARDS, having been first duly sworn, testified as follows: Q. (by the prosecutor) What is your name?1 A. Richard Edwards.2 Q. Do you realize you are now under oath?3 A. Yes, sir.4 Q. Have you been advised of your constitutional5 rights?6 A. Yeah. I'm willing to testify. I don't need a7 lawyer.8 Q. I call your attention to July 2, this year, at9 around 9:00 P.M. Where were you at that time?10 A. I spent that entire evening on the south side. I think11 I went to a movie with my girlfriend.12 Q. Were you anywhere near Division and LaSalle Streets on13 that date?14 A. No, sir. I was nowhere near that neighborhood any time15 that day.16 Q. You know Shelby Green has identified you as being at17 the squad car when officer Kane was shot?18 A. I know that. I saw him/her at the police station.19 Q. Do you have any information about the killing of a20 police officer at Division and LaSalle Streets on July21 2 of this year or any other day?22 A. No. I don't know anything about it.23 Q. Have you heard anything about the killing of a24 police officer on July 2 at around Division and25 LaSalle Streets?26 A. The first I heard of that was when the policeman told27 me on the day I was arrested.28 Q. Is there anything you wish to add?29 A. No. I have told you the honest-to-God truth.30 6 ARREST REPORT Date: July 26, [-1] Time: 8 p.m. Location: 18 E. Elm St. Arrested: Arthur Morris, 18 E. Elm St. Frank Fletcher, 18 E. Elm St. Charge: Murder R/O: Quinn Kelly Narrative: Acting on information given by Richard Edwards, a burglary suspect arrested on 7/16, and after checking suspect's arrest records, the arresting officers proceeded to 18 Elm. Edwards said he lived there with Arthur Morris and Frank Fletcher, that there were weapons there and that he had no objection to search of apt. After arrival, arresting officers observed subjects leaving apartment 312. Subjects fit description given by witness Shelby Green. Morris and Fletcher were told they were under arrest and were given Miranda warnings. Officers then searched apt. and results were negative in locating weapons. A small printed sign that read "Off the Heat" was found in a bedroom dresser. Arrestees and sign were transported to the police station. Eyewitness Shelby Green made a positive identification of both subjects. Morris and Fletcher were booked and charged with murder. Papers in Fletcher and Morris's possession indicated they were bricklayers working out of the union hall. 7 TRANSCRIPT OF GRAND JURY PROCEEDINGS ON JULY 26, [-1] RICHARD EDWARDS, having been first duly sworn, testified as follows: Q. (by the prosecutor) Mr. Edwards, you testified before this Grand Jury last week, didn't1 you?2 A. Yes.3 Q. At that time, did you tell the truth about what happened at LaSalle and Division Streets4 on July 2?5 A. No.6 Q. Since your first appearance here, have you and your lawyer had any discussions with the7 county attorney's office?8 A. Yes.9 Q. What arrangements have you reached?10 A. My lawyer and I met with a county attorney, William Shapiro. He wanted to get me to11 cooperate in this case. I wanted to see what he would do for me on my burglary case. We12 finally agreed that if he didn't charge me in this case, and he let my judge in my burglary13 case know I agreed to cooperate with you in this case, then I would tell, both before the14 Grand Jury and at any trial, what really happened when the cop was killed and who did it.15 Q. Did anyone promise you what your sentence in the burglary case would be?16 A. No, but since they caught me coming out of that house, I knew I was facing a lot of time.17 Q. Mr. Edwards, tell us what actually happened at LaSalle and Division the evening of July18 2.19 A. Sure. I live with Frank Fletcher and Arthur Morris in a 3-bedroom apartment at 18 Elm20 Street. With our backgrounds, the police aren't exactly our best friends. Morris21 especially, but also Fletcher, was always talking about getting back at the cops. Morris22 even kept an "Off the Heat" sign on his dresser. Anyway, earlier on July 2, we were all23 sitting around the apartment, and Morris was carrying on about getting a cop. Fletcher24 said it was fine with him. I didn't want any part of it, but Morris isn't exactly the kind of25 guy you say no to. I finally said I'd go along with them but I sure wasn't going to kill26 anyone.27 Q. What was the plan?28 A. The deal was, we were simply going to walk down a street until we saw a cop and shoot29 him before anyone knew what happened. Morris was going to do the actual shooting.30 Q. Tell us how the shooting happened.31 A. Around 8:30 the three of us left the apartment, walked over to LaSalle Street and started32 walking north. After a while we saw a squad car parked on our side, with one cop sitting33 in it. Morris told Fletcher to tap on the passenger door and open it. When Fletcher did,34 Morris just leaned in and shot the guy in the head. I was just standing at the back of the35 squad car.36 Q. What happened next?37 8 A. We ran up around the squad car, and west on Division. We split up. I never went back to38 the apartment. I haven't seen Fletcher or Morris since that day. And I don't want to. They39 are scary guys.40 Q. Did anyone see you do the shooting?41 A. I didn't think so, but after the shooting I saw someone sitting at the bus stop looking right42 at us. We went right by him/her when we took off down Division.43 Q. What kind of gun did Morris use to do the shooting?44 A. It was a .38 caliber revolver. He kept it in his dresser with a bunch of bullets.45 Q. You said Morris had a sign that said: "Off the Heat." What does that mean?46 A. I asked Morris about that sign last month at the apartment. He said it was a slogan from47 the sixties, modified a bit with new terminology. He said it meant "Kill the police." I48 asked him why he kept the sign. He said, "Some things don't go out of style."49 Q. Mr. Edwards, have you told us the truth today?50 A. Yes, sir.51 9 TRANSCRIPT OF PRELIMINARY HEARING Report of Proceedings, held before the Honorable Thomas Fitzgerald on September 1, [-1]. SHELBY GREEN, after being first duly sworn, testified as follows: Q. (by the prosecutor) What is your name and address?1 A. Shelby Green. I live at 1474 North Clark Street with my husband/wife. We don't have2 any children.3 Q. Your occupation?4 A. I'm a high school teacher. I teach advanced mathematics at the high school.5 Q. Mr./Ms. Green, on July 2 of this year, at approximately 9:00 P.M., where were you?6 A. I was on the southeast corner of LaSalle and Division Streets, waiting for a LaSalle Street7 bus. I was sitting on a bench at the bus stop.8 Q. Describe the intersection.9 A. LaSalle is a wide street. It has two lanes of traffic in each direction, and a parking lane on10 each side of the street. Division is the east-west street. It has one lane of traffic in each11 direction, and a parking lane on each side of the street. This is a commercial area.12 Q. Describe the lighting.13 A. It's well lighted. The intersection has a street light on all four corners. The streets have14 street lights on both sides, every 100 feet or so. There's also some light from the stores15 and buildings.16 Q. Around 9:00 P.M., what happened?17 A. Well, it was pretty quiet. There was a police officer sitting in a squad car parked on the18 east side of LaSalle, just south of Division, about 20 feet from me. He was the last car in19 a row of parked cars. It looked like the officer was filling out forms or something. I could20 look right into his squad car.21 Q. What happened next?22 A. There were some guys walking up LaSalle Street toward me, but I didn't pay any23 particular attention to them at the time. Suddenly I heard a shot, real close. I looked over24 at the squad car. The three guys were there. One was just standing by the back of the25 squad car. Another was standing next to the open front passenger door. The third was26 leaning inside the door, and backing out. All three of them ran toward me, right past me,27 and then ran west on Division Street.28 Q. Mr./Ms. Green, did you get a good look at them?29 A. Sure. It happened pretty quickly, but they were looking right at me as they ran up the30 sidewalk. That's when I saw their faces. I'll never forget those faces as long as I live.31 Q. What happened next?32 A. Other police cars arrived pretty fast. I told them what had happened and what I'd just33 seen.34 Q. Mr./Ms. Green, did you go to the police station on July 16?35 10 A. Yes.36 Q. Why did you go there?37 A. Investigator Kelly called me at home, said there was someone s/he wanted me to look at,38 so I drove to the station.39 Q. What happened when you got there?40 A. Investigator Kelly asked me to take a look at a man sitting alone in a chair in a small41 room. He was handcuffed. I knew immediately he was one of the three.42 Q. Which one was he?43 A. He was the man who just stood by the rear of the squad car.44 Q. Mr. Green, let's turn to July 26. Did you go to the station again on that day?45 A. Yes, it was later in the afternoon. Investigator Kelly again called me and asked if I could46 come to the station, to look at some men s/he arrested.47 Q. What happened there?48 A. When I arrived at the station Investigator Kelly asked me to take a look in a room. There49 were these two guys sitting there, in handcuffs. I recognized them as the other two men at50 the shooting.51 Q. Do you see those men who did the shooting in court today?52 A. Yes. He's the one who opened the door [pointing to defendant Fletcher]. He's the one53 who did the actual shooting [pointing to defendant Morris].54 p. 1655 Q. (by defendants' lawyer) Mr./Ms. Green, for how long a time after the shots were fired56 were you able to see the faces of the three men?57 A. I'd say around 10 to 15 seconds.58 Q. How close were they?59 A. They were only 3 or 4 feet away when they ran by me on the sidewalk.60 Q. Mr./Ms. Green, tell us your description of these three men that you gave to the police.61 A. Well, I told them they were three males, white, casually dressed. They all looked in their62 early twenties, about average height. There really wasn't anything unusual about them.63 Q. Anything else?64 A. No. It's really difficult to describe faces.65 11 QUINN KELLY, after being first duly sworn, testified as follows: p. 22 Q. (By the prosecutor) Investigator Kelly, you were involved in the identification procedures1 and arrests in this case, correct?2 A. Yes.3 Q. Explain how you came to arrest the two defendants on the evening of July 26.4 A. Richard Edwards had agreed to cooperate in the investigation earlier that day. He testified5 before the grand jury, and I talked to him afterward. He gave permission to search his6 apartment on 18 Elm Street, told us that Morris and Fletcher kept handguns in the7 apartment, and were planning to kill more police officers. Based on this information, I8 went with some uniformed officers to the apartment around 8:00 P.M.9 Q. What happened when you got there?10 A. We walked up to the third floor. Just as we got up there, two guys came out of No. 312.11 They fit Edwards's and Shelby Green's description, so we arrested them. They identified12 themselves as Fletcher and Morris. I handcuffed them, gave them Miranda warnings, and13 took them inside the apartment.14 Q. Did you search the apartment?15 A. Yes. The guns were gone. The only thing we found was a sign saying "Off the Heat" on a16 dresser in Morris's bedroom, and a box of .38 caliber shells in the first drawer of the17 dresser.18 Q. Were any fingerprints found on the box with the shells?19 A. We never tested that box for prints.20 Q. How did you know it was Morris's dresser?21 A. There were some letters on the dresser. They were addressed to Arthur Morris.22 Q. Did you conduct any identification procedures that evening?23 A. Yes. We asked Mr./Ms. Green to come to the station. We put Fletcher and Morris in an24 interrogation room. When Mr./Ms. Green arrived, I simply asked him/her to look into the25 room. Mr./Ms. Green immediately identified them, and pointed out Morris as the one26 who had done the shooting.27 Q. Did you talk to Fletcher and Morris afterwards?28 A. Yes. I went into the room shortly afterward, told them they would be formally charged29 with the Kane murder, and again gave them Miranda warnings. I asked them if they had30 anything to say. Morris at first said he wanted to talk to a lawyer. I then told Fletcher that31 Richard Edwards had named them as the killers. At that point Morris said, "That dirty32 stool pigeon. I never should have let him in the house." Fletcher said nothing. They33 refused to make any other statements.34 Q. Were Fletcher and Morris employed at the time of the arrest?35 A. We later learned they were brick layers. They took jobs out of the union hall.36 Q. What was Richard Edwards arrested for on July 16?37 A. We caught him coming out of a home at 2424 N. Western. He had the residents' jewelry38 in his pockets.39 12 REPORT OF INTERVIEW County Attorney's Office Investigator's Office Two weeks before this trial was scheduled to begin, a man/woman who identified himself as Madison Sampson called this office and said s/he had important information concerning the Fletcher-Morris case. S/he agreed to come to this office the next day. S/he arrived alone. S/he said, in substance, as follows: My name is Madison Sampson. I live at 225 West Elm Street. I know Frank Fletcher and Art Morris pretty well, although I have not seen or talked to either of them for a couple of months. I read about the killing of Officer Kane when it happened, and I heard later that Frank and Art were busted for it because of what Richard Edwards said. I have never been in any kind of trouble and I did not want to get involved, but I think there is something you should know. I was visiting at Frank and Art's apartment on 18 East Elm on July 15 of last year. It was about 8:00 at night. We were watching a baseball game on TV. Edward was there, too. We were having a couple beers when Fletcher and Edwards started arguing. It seemed that Edwards wasn't paying his end of the rent. Finally, Fletcher said he was sick and tired of arguing with Edwards about the rent money. I remember Fletcher said that all Edwards did was stand around and let other people do all the work. Morris said something like "Yeah, he's a gutless wonder. Let's get rid of him." Fletcher grabbed Edwards by one arm and Morris grabbed him by the other. They dragged him to the door, opened it, and threw him down on the ground in the hallway. I could see Edwards was really mad. His face was real red, and he shook his fist and he shouted, "This isn't the end of it. I have a long memory. I'm not going to forget this." He was still on the ground when he said that. Then he got up and walked away. That's all I know about this whole thing. Nothing was ever said in my presence about killing a police officer or anyone else. I have been with Fletcher and Morris lots of times in that apartment. I never heard them say a bad word about police officers. And I never saw either Frank or Art with a gun, in that apartment or anywhere else, although I once did see some bullets on Art's dresser in his bedroom. I never asked him about the bullets because I didn't think it was any of my business. I am 24 years old. I have worked at Western Electric for the past five years. I'm single and live alone. As I said, I have never been arrested for anything. I consider Fletcher and Morris to be my friends, but I would never lie for them. I just heard a few weeks ago that Edwards was going to testify at their trial. I think I read about it in the newspaper. This report was prepared by the undersigned immediately following the interview. 13 CITY POLICE DEPARTMENT CRIME LABORATORY Ballistics Section Date of report: July 30, [-1] Case Number: B-[-1]-4233 Examiner: Sgt. Lee Williams, Chief, Ballistics Sec. On this day the following previously submitted items were examined: 1. Pellet, removed from above the inside driver door of police squad car in which Off. William Kane was found shot and killed on July 2, [-1], at Division and LaSalle Streets. 2. Box of .38 caliber bullets, Winchester 150 grain, containing total of 43 bullets An examination of these items disclosed the following: 1. The pellet is a .38 caliber lead alloy bullet. Due to its passage through the victim's head, its striking the inside of the vehicle above the door frame, and its extraction from the vehicle by crime lab personnel, the pellet is severely deformed. Other than determining the pellet to be a .38 cal. and made of lead alloy, further analysis, such as determining the original weight of the pellet, its manufacturer, and comparisons to firearms, is impossible. 2. The 43 bullets are all .38 cal. Winchester 150 grain bullets, made of lead alloy. 3. Both the recovered pellet and the 43 bullets are .38 cal. and made of lead alloy, the most common material used in the manufacture of .38 cal. bullets. Further comparisons are not possible. Hence, there is insufficient information to either include or exclude the pellet as being from the same box as the 43 bullets. 14 CITY POLICE DEPARTMENT CRIME LABORATORY Fingerprint Section Date of report: August 2, [-1] Case Number: F-[-1]-2188 Examiner: Lt. Vincent Vitullo, Chief, Fingerprint Section On this day I examined the following submitted items: 1. Numerous latent fingerprint lifts, taken by crime lab personnel from the passenger door area of the squad car in which Off. William Kane was found dead at Division and LaSalle Streets on 7/2/[-1]. These lifts were taken from the door handle, window glass, door frame, and surrounding area, both outside and inside the door. Following an examination of the submitted lifts, several of the lifts contained partial prints, smudges, and superimpositions. None of the lifts had sufficient individual ridge characteristics to allow comparison with known fingerprints.
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