The Case of the Grocery Store Robbery:

The Facts of the Case:

At about 5 p.m. on the afternoon of June 5, 2020, Jack Smith entered Brown's Market in the Lake City neighborhood of Seattle. Smith was wearing a bandana to cover his face and pulled a gun out of the waistband of his pants. He told the owner of the store, sixty-year-old Tom Brown, to give him all his money. Mr. Brown had seen the robber get out of the passenger side of a late model blue, American-made car that had pulled up to the curb outside his store. Mr. Brown was working with his wife, Judy, who was in the back storeroom unloading boxes when Smith entered the store.

When Smith demanded the cash, Mr. Brown didn't move. Smith then reached across the counter and pushed the button on the cash register, opening the cash drawer. As Smith grabbed a handful of cash, Brown reached under the counter for his own gun. Mr. Brown came up firing but Smith had time to duck. Unfortunately, the bullet struck Mrs. Brown as she was coming back from the stockroom. Mrs. Brown was seriously wounded but not killed.

Mr. Brown told Smith not to move and he called the police after making sure Mrs. Brown was going to be okay. The police arrived quickly and took Smith into custody. Mr.Brown told the police what had happened, and about the blue, late model American car with what looked like Washington license plates, the ones with a picture of the baseball stadium on them.

Smith waived his Miranda rights at the station house and gave a statement, saying he acted alone, that he had bought the gun he used the night before in a bar in Tacoma and had hitchhiked to Seattle, his last ride dropping him off in Lake City.

Two days later, Detective Vu of the Seattle P.D. took a second statement from Smith. Detective Vu had evidence that Spencer Jones was the driver of the blue car and Smith's accomplice. Vu told Smith his story about the gun didn't make sense and that if he cooperated he might be able to cut a deal with the Prosecuting Attorney's office. Smith chose to cooperate and testify against Jones, who is now on trial for armed robbery and attempted murder.

Jack Smith's First Affidavit

Affidavit OF JACK SMITH

My name is Jack Smith. I live at 5555 1st Avenue, Seattle, Washington. I am 27 years old. On June 5, 2020, I attempted to rob Brown's IGA Market on the corner of Lake City Way and Cascade Avenue. During the course of that attempt, the owner of the store pulled a gun out from under the counter and fired at me. I ducked and he shot his wife; I guess she came out of the back of the store. I had a gun but I didn't try to use it.

The owner of the store held his gun on me until the police came and arrested me.

I bought the gun from a man I didn't know the night before in a bar in Tacoma, Washington the night before. On June 5, which was a Sunday, I hitchhiked from Tacoma to Lake City. It took me several rides to get to Lake City. I didn't know any of the drivers who picked me up. The last ride was in a late model blue Oldsmobile. I had the driver drop me in front of the grocery store that I tried to rob. I didn't mean for anyone to get hurt, I was just broke and out of work and I can't collect any more money from the state.

Signed,

Jack Smith

June 5, 2020

Jack Smith's Second Affidavit

Affidavit OF JACK SMITH

My name is Jack Smith. I live at 5555 1st Avenue, Seattle, Washington. I am 27 years old. I've been told what my rights are and I am giving them up to make this statement. I am making this statement of my own free will. On June 5, 2020, I was involved in the robbery of Brown's Market on the corner of Lake City Way and Cascade Avenue in Lake City. I gave another statement on June 5, 2020, which was false because I was afraid of telling the truth. This statement is the whole truth and nothing but the truth.

On June 5, Spencer Jones picked me up on the corner of 145th Avenue NE and Lake City Way. I knew Spencer from years ago when we were in jail. We weren't that close but we had run into each other in a bar in Seattle about two weeks before the robbery. I think it was called The Shamrock. Jonesy told me about this plan he had to rob a grocery store, said it was going to be an easy job. He said an old man and his wife ran the store and they kept a lot of cash in the store. He needed somebody to help him because he had been casing the place and he was afraid they might recognize him if he pulled it off. He said he would drive if I helped him. He said a Sunday would be best and that he would give me a call when he was ready, so I gave him my phone number.

On Sunday, June 5, he called and told me to be on the corner of Lake City Way and 145th between 4:00 and 5:00 p.m. and to wait until he got there. I got there around 4:00 and he got there a few minutes after me. I didn't have a watch on, so I'm not real sure about the time. Jones drove around a couple of blocks and we talked. The car was a pretty new blue Oldsmobile. Then he pulled over and gave me a bandana and a gun. I said I thought it was supposed to be an easy job, why did I need a gun. He said the gun was just to scare the old man and the old lady and that it wasn't loaded.

We pulled up to the store and I went in with the bandana on and the gun in my coat pocket. When I got inside I pulled the gun on the old man who was behind the counter. Everything else happened just like I said in my other statement except that after the old man shot his wife, I heard Jonesy take off. That is the whole story.

Signed,

Jack Smith

June 7, 2020

During trials,opening statements provide the first impression of the case and shape the impressions of the jury. An opening statement is a conversational speech that briefs the jury on the case facts, evidence they will see and hear during the trial, witnesses that will testify before the courtit allows the jury to know what to expect and to be able to understand the evidence when it is presented. The opening statement should not contain an argument; rather, it should be a factual statement(aba.org).

Task 1:

1. Read the case facts and bothaffidavits(witness statements) above given,The Case of the Grocery Store Robbery.
2. While reading the case, fill out the Opening Statement Organization Chart
   1. Fill the chart out from theprosecution'sperspective.

Opening Statement Organization Chart

Case Facts(at least 3 key points in the story) Focus on the facts most helpful to your side's case	Fact 1: Fact 2: Fact 3:
Witnesses in the Case(identify each person involved in the case facts and affidavitsanddescribe a fact about this witness that is significant to your side's case) One detail (note) for each witness is enough. (Ex: Mr. Roth- a witness in the grocery store who saw the robbery take place).	Witness 1: Witness 2: Witness 3: Witness 4: Witness 5:
Conclusion(what is theverdictyou are seeking from the jury in this case?)

Task 2:Using the information from the chart, note down an opening statementfromprosecution'sperspectiveby following the format in the space provided.

Introduction:Fill in the following script-

Good afternoon and may it please the court: My name is __________________ and I will be representing _____________ in today's case.

State your theme:Note aone-sentence theme for the case based on the facts. Emotionally based themes create impressions for the jury that linger in their minds until the time the verdict is decided. Themes are catchy, keep the jury's attention, and help them organize information.

(Example for another case: This is a case about a man who has been harassing, stalking, and threatening my client, Kelly Sanders after she ended a romantic relationship with him.)

Note your theme here:

Tell the story of the case:Noteone long detailed statement where you persuasively order your facts in an order that supports your theme. Use plain language and an engaging, conversational tone- tell an enjoyable story. Imagine hearing it out loud- would you be entertained and understand the case? Place your side in the best possible light and tell a story that will make the jury want to decide in your favor.

Note your story here:

Introduce the witnesses:Haveone sentence for each witness where you introduce them (name and occupation) and explain their involvement/relevance to the case. Altogether this should be abouta long detailed response.

Introduce the witnesses here:

Conclusion:Note one or two sentences where you restate your theme, then conclude your opening by telling the jury which verdict (result) you would like them to reach at the end of the case.

(Example for another case:I just ask that you please keep an open mind about this case until you hear all of the evidence. I also ask that you return a verdict of guilty for the defendant, Officer Dally. Thank you for your attention.)

Note your conclusion here:

Task 3:Copy and paste the separate sections of your opening statement from Task 2 into the box below to create a final opening statement.

Note your final opening statement here: