Trial Plan

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). yourself in the shoes of both the prosecutor for the State of Connecticut and the defense attorney for Alex Ashland.

Facts:

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 talking about the plan that he had to kill his father. Allison knew that without his prescribed medication, Alex could be psychotic. When Allison said that she was going to 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 thereafter 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 proceeded to interrogate 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.

This hypothetical was inspired by the crime spree of Allan Ashmoore.https://abc30.com/news/shooting-suspect-talked-about-killing-his-father-da/2567137/

Assignment

In Part One of this assignment, imagine you are working for the prosecutor. List three witnesses that you would call to testify at trial and explain the significance of their testimony.

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. For example, you can review the Connecticut Penal Code here:https://www.cga.ct.gov/2018/rpt/pdf/2018-R-0073.pdf

In Part Two of this assignment, imagine that you are working for the defense. List at least three witnesses you would call to testify on behalf of Alex Ashland 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. For example, you can review the Connecticut General Statutes regarding defenses here:https://www.cga.ct.gov/current/pub/chap_951.htm