PROJECT 1 FACT PATTERN: Amy, a college student, was house sitting for Zack who was away for a week on business. Zack lived in an exclusive gated neighborhood in Hollywood Hills. Amy frequently house sat for Zack and was allowed to help herself to the fully stocked kitchen, use the home gym, could swim in the pool and watch the state of the art home theather. Zack always gave Amy $200.00 for her to use in case of an emergency. Zack strictly prohibited Amy from inviting guests to the home and asked that she not go into the garage where his Lamborghini was parked. Amy had been house sitting for a couple of day when she got a cell phone call from her boyfriend Adam. Amy had only been dating Adam for about a month and was aware that Adam had just recently finish doing time in prison for burglary. The telephone call went as follows: Adam - "Hey, what are you doing?" Amy - "House sitting in Hollywood Hills for this movie guy named Zack". Adam - "Wow, so this Zack has a nice house?" Amy - "Oh yeah, he's has big bucks. You should see his house and he drives a Lamborghini which is parked in the garage." Adam - "O.k., I get off at midnight so can I come over after work? Amy - "No, no I was just joking, I don't think its a good idea as Zack doesn't let me have guests and I don't want any trouble." Adam - "Come on what kind of trouble could you get into? I really miss you." Amy - "Well, I guess it would be o.k. if you promise to leave first thing in the morning. The code is 1111 for the the entrance gate and I will leave the back door to the house open for you in case I fall asleep". Amy then proceeds to give him the address and they hangup. As soon as Adam hangs up with Amy he telephones Joe, his ex-cell mate from prison. Adam - "Hey dude, you looking to make some easy cash" Joe - "Always, wuss up?" Adam - "I'm going to have easy access to some fine merchandise tonight. Pick me up at work around midnight and I'll give you all the details. Amy did not lock the backdoor and fell asleep listening to music around midnight. Adam and his friend Joe arrived at Zack's house around 1:00 in the morning. They opened the backdoor, and quietly slipped in and started canvasing the house. They went into the home theather and took a t.v. set and theater equipment worth $5,000.00. After they loaded the t.v. and equipment into Joe's car they both went into the garage. Joe sighed, "wow, take a look at this car, its always been my dream to drive a Lamborghini." "Look the keys are in the front seat, lets take her for a spin and get a beer ." They opened the garage and quietly pushed the car into the driveway and down the lane before starting it up so as not to wake Amy. Joe gunned the accelarator and drove to a bar a couple of miles from Zack's home. They each had two beers and a shot of tequilla when they decided it was time to go back and finish loading more theather equipment. Joe began to pull out of the parking lot at a high rate of speed when he slammed on the breaks, almost hitting a very intoxicated Mel. Mel shouted, "You idiot you almost hit me." Joe shouted back, "Watch out you crazy drunk, if I wanted to hit you I would have" and then proceeded to sped away. Joe got about a hundred yards and without a word made a sharp u-turn and headed back straigt towards Mel stopping just shy of two feet from him. Mel shouted, "you're trying to kill me!" Mel picked up a rock and struck the windshield of the car badly cracking it. Mel then picked up a second rock, staggered to the passenger side of the car an raised the rock above his head. Just as Mel was about to smash the rock into the passenger side window Adam swung the door open slamming Mel to the ground. Mel's head hit the curb and appeared to be knocked out. Joe and Adam looked at the cracked windshield for a couple of seconds, looked at Mel and both said, "stupid drunk" and speed off back to Zack's house. A few minuted later Mel was found and while in transport to the hospital died of head injuries. When Adam and Joe arrived at Zack's they quietly pushed the car back into the garage. Joe drove off in his car and Adam went upstairs and fell asleep with Amy. The next morning Amy discovered that the t.v. and theater equipment were missing. Amy accused Adam of taking the items. Adam adamantly denied any involvement and stated, "it must have been by friend Joe who took the stuff. That creep he dropped me off after work and he must of snuck in while while we were sleeping." Amy wanted to call the police but Adam convinced her that the police would not believe the story given his criminal history. Adam convinced Amy to go to school as usual and then report a break in when she returns in the evening. Amy scared of going to jail reluctently agreed. Adam also convinced Amy that it needed to look like a crime scene so they both began breaking furniture, throwing items around and overall trashing the house. Adam decided he should also take the computer and jewlery. Amy said, "do what you need to". Amy then gave Adam a ride home and went to class as usual. After class, Amy returned to Zack's house and reported a break-in to the police. After the police concluded their investigation, Amy had a splitting headache and in an effort to calm her nerves she took the $200.00 given to her by Zack and had a long massage