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FACT PATTERN

Our client, Vivian Smith, was arrested and accused of Robbery and Assault with Dangerous Weapon (ADW – Bat). Ms. Smith is 23 years old, 5’4”, 120 pounds, with brown hair, brown eyes and has a tattoo of two small hearts next to her left eye. Ms. Smith lives at 2220 Chester Street SE in Washington, DC. Ms. Smith was wearing black jeans, a short, red shirt, and red sneakers when she was arrested. Our client, Ms. Smith, denies any knowledge of the incident. Ms. Smith claims she had been at dinner near the Big Chair with her boyfriend when the incident occurred. Ms. Smith said that she was arrested while she was leaving the PNC Bank with her boyfriend after they had met up with other friends.

 

  The document given to us at the time of client’s presentment consists of the following information:

  On 9/27/14 at approximately 7:30 PM, the complainant, Claire Collins, reported to the Metropolitan Police Department that she was robbed and assaulted as she was biking home. The complainant stated she was biking home on 1400 Block of W Street SE after taking the Metro back from work when she saw someone holding a bat, blocking the sidewalk ahead of her. The complainant slowed to a stop in order to try and pass the person obstructing the sidewalk. When the complainant stopped, the defendant lifted up the bat and told her to hand over her black backpack. When the complainant refused to hand over her backpack the defendant hit the complainant with the bat causing the complainant to fall to the ground. The defendant grabbed the backpack and then ran across the street disappearing from view. The complainant screamed for help and a man from an adjacent house came out and called the police. The police took down Ms. Collins’ description of her assailant as having medium build, medium complexion, wearing dark pants, dark shoes and a red sweatshirt. The officers canvassed the area and were told that a group of kids had been walking through that neighborhood and one was carrying a black backpack. The police then found a group of young adults standing outside the PNC Bank, one of whom matched Ms. Collins’ description. A show-up identification was conducted and the complainant positively identified the defendant as the person who had assaulted her. The defendant was arrested based on the show-up identification by the complainant.

Fact Pattern Response: Write in an essay format. There is no page requirement. You can include images or diagrams within the document as needed. Please note you do NOT need any legal background to answer this fact pattern.

 

Write a theory of defense and an explanation of what the defense could say happened. What reasons can you find to explain why the complainant (CW) identified your client as the suspect in this case? What kinds of evidence would seem to support or contradict each one of these reasons?
Outline the steps you would take to investigate the case for the defense. Please keep in mind that in the District of Columbia, the defense is only entitled to a basic police report with the name and address of the complaining witness. Specify whom you would interview, how you would find them and what questions you would ask them. What documents, other than the police report, would you need to examine during your investigation? Please include any other investigative steps you would take to get as much information as possible about this incident.

1. Theory of Defense and Reasons for Positive Identification

 

Based on the given fact pattern and the document given to us at the time of the client’s presentation the theory of defense that I will be attempting to prove is that on Saturday, September 27, 2014 Ms. Smith was out to dinner with her boyfriend at the time of the assault on Ms. Collins and therefore could not have been both at dinner and a quarter mile away on W Street SW.  I believe that the complaining witness (CW) positively identified Ms. Smith later that evening because our client was arrested only 0.3 miles away from the scene of the crime, the speed of the Metropolitan Police Department was able to find and arrest someone similar to the description of the assailant, the CW’s desire for safety and her confidence in the Metropolitan Police Department.

 

1. Reasons Supporting the Positive Identification

 

In regards to Ms. Smith’s whereabouts at the time of arrest, she was clearly in the immediate area.  She was arrested by officers as she was leaving the PNC bank on the corner of Martin Luther King Jr Ave SE and U St SE. This location is 0.3 miles or a 6 minute walk from the 1400 block of 14^th St SE.  This means that from the time of the assault at 1930 hours, Ms. Smith had ample time to walk to the bank and meet her boyfriend there in order to secure an alibi. By being found less than half a mile away, it arouses suspicion for Ms. Smith as it does for anyone in such a close vicinity.

Not only was Ms. Smith arrested only a short walk from the scene of the assault, but she was wearing clothes that were nearly the same as what the CW had described the assailant to be wearing.  The incident occurred at 1930 while sunset was at 1857.  This was only half an hour after sunset therefore giving Ms. Collins an advantage through ability to utilize the available bit of natural light as well as the street lights that are alternating

 

 

 

1. Apparel
   1. Red top is distinct even at 7:30pm
   2. The assailant was wearing dark pants
   3. Red is a bright color that is not easily mistaken
2. Complexion and build
   1. Matching size of assailant
   2. Skin color is not easily mistaken
3. Show-up
   1. Clearly identified Ms. Smith as assailant
   2. Only one person and did not mistake person out of a line-up
   3. Police must have had a reasonable suspicion in arrest Ms. Smith
   4. Near the scene and quickly found
4. Quickness
   1. The assailant could not have gotten far
   2. Show ups are more accurate when found quickly and within a reasonable distance

 

Contradictions

1. Vicinity
   1. Smith lives in the area and therefore had reason to be in the area
   2. Smith had been in the area all night
   3. No reason for the assailant to stay only two blocks away from scene but not just run home
   4. Smith was surrounded by people the entire afternoon and evening
2. Apparel
   1. At dusk, red may be orange purple pink etc.
   2. Dark pants is extremely vague and could refer to any sort of blue black or grey pants
   3. The CW claimed the Assailant was wearing a red sweater, Ms. Smith arrested in short red shirt
   4. CW claimed the assailant was wearing dark shoes, Ms. Smith was wearing red shoes
   5. Saturday night in DC, it is going to be filled with similar outfits
3. Complexion and Build
   1. Medium build is the most nondescript answer, there are thousands that fit that profile
   2. At dusk, many complexions may look to be darker than they are
   3. Makes no claim of distinguishing marks (tattoo) on face
   4. Saturday night in DC, it is going to be filled with similar builds
4. Show-up
   1. CW trusts police and automatically believes they arrested the right person
   2. CW did not name enough identifying characteristics in order to be able to identify
   3. Smith was not seen with or arrested with the missing black backpack
   4. Show ups are inherently suggestive
   5. CW wants to believe the assailant was found in order to feel safe, so she will make a +ID
   6. Show-ups require a low level of certainty to apprehend, more proof is needed to create a legitimate case
5. Quickness
   1. Smith was picked up only because she was the first person found to match description
   2. Assailant would not be walking in a group in the open when they could have ran half the distance to get home
   3. Witnesses saw a group of ‘kids’ walking with backpack not young adults

 

Who Would I Interview?

1. Smith
2. Smith’s Boyfriend
3. Floor Manager during time of dining at restaurant
4. Serving Waitress
5. CW
6. Adjacent Homeowner who Assisted CW
7. PNC Bank Manager
8. Arresting Officer(s)

 

How Would I attain these interviews?

1. General debriefing interview (Dad? Isnt this interview self-explanatory? How do I word this?)
2. Ask Ms. Smith for name and home address and knock and ask if he would assist in his girlfriend’s defense
3. Following Ms. Smith and her boyfriend’s interview, go to said restaurant and ask manager in charge who was working at the time of the defendant’s dining time and ask if he or she is willing to speak with us
4. Talk to manager about how the tables are divided and if he remembers who was working in the section of the defendant. Or ask to see the receipt from the defendant and see if the server’s name is present.
5. Defense Counsel’s right? Dad?
6. Ask permission to question as a member of the defense team in order to assist an ongoing investigation
7. Approach current bank manager and ask for the working manager for 1900-2200, 27 Sept. then ask permission to question as a member of the defense team in order to assist an ongoing investigation
8. Acknowledging the low probability of attaining this interview, I would still attempt to call MPD and attempt to gain more information on arresting officer through paperwork and ask for an interview

 

What questions would I ask?

1. Defendant:
   1200. Walk me through everything you did Saturday after 1200.
   1201. What time were you eating?
   1202. What restaurant were you eating at?
   1203. Who was with you?
   1204. Would you be able to tell me which table you were sitting at?
   1205. What time did you finish?
   1206. What did you do following dinner?
   1207. What were you doing at the bank?
   1208. Did you at any time walk towards W Street SE?
   1209. Did you change any clothes at any time during the night?
2. Boyfriend:
   1200. Walk me through everything you did Saturday after 1200.
   1201. What time were you eating?
   1202. What restaurant were you eating at?
   1203. Who was with you?
   1204. What time did you finish?
   1205. What did you do following dinner?
   1206. What were you doing at the bank?
   1207. Did you at any time walk towards W Street SE?
   1208. Did Ms. Smith change clothes at any time during the night?

(Ask same questions in order to find and stress similarities)

3. Restaurant Manager:
   1. Do you have working cameras of the exterior and interior of the restaurant?
   2. Do you remember anything suspicious about the night of Saturday September 12?
   3. Who were the waiting staff that were working the tables that night?
   4. Who was waiting on the grid that this table is in?
   5. May I have any form of contact information?
4. Serving Waitress:
   1. Do you remember anything suspicious about the night of Saturday September 12?
   2. Do you recognize this woman?
   3. Do you remember serving them?
   4. Are you able to remember anything about their behavior that struck you as odd or out of the ordinary?
   5. What time would you say they were eating dinner?
   6. What time did they end up leaving the restaurant would you say?
5. Complaining Witness:
   1. Now that it is a couple weeks removed, how are you doing?
   2. Can you confirm the approximate time of the alleged assault?
   3. Where were you biking to that caused you to be on the block of W Street SE?
   4. Where were you biking from?
   5. What were you doing at work on a Saturday? Until 1930?
   6. SUNSET TIME ON SATURDAY SEPTEMBER 27?
   7. Do you have forward and rear lights on your bike? CHECK DC LAWS ON BICYCLES!
   8. What did you lose when your backpack was stolen?
   9. A neighbor came to your aid when he saw what happened, do you remember what he was wearing?
   10. Can you confirm what the woman you claim to have assaulted you was wearing the night of the alleged assault?
   11. Were there any discerning marks or tattoos on the assailants arms, neck or face?
   12. How long was it before you were able to positively identify Ms. Smith as the assailant?
   13. What prompted you to identify Ms. Smith for the assault?
   14. What time did you +ID Ms. Smith and return home?
   15. Did the police having Ms. Smith in custody bring you a sense of relief and safety?
6. Adjacent Homeowner:
   1. How were you alerted of what was happening outside while you were in your house?
   2. The situation did not involve you, why did you feel the need to help?
   3. Did you see the assailant at the scene of the crime?
   4. How long did you stay with Ms. Collins?
7. PNC Bank Manager:
   1. Do you have active cameras of the interior, exterior and ATMs?
   2. Do happen to remember seeing this woman and a group of young adults here the night of Saturday September 27^th?
   3. If so, about what time?
   4. Were they carrying anything like a suitcase or backpack?
8. Arresting Officer(s):
   1. What cause did you have to arrest Ms. Smith the night of Saturday September 27?
   2. Was she with anyone else at the time of the arrest?
   3. What time was the arrest made?
   4. How long after you received the description of the assailant did you spot Ms. Smith?
   5. Had you seen any other people who matched the description prior to the arrest? After?
   6. How quickly after seeing Ms. Smith did Ms. Collins positively identify her?
   7. What time did Ms. Smith make a +ID?

 

Documents needed (Other than Police Report):

1. Arrest Report?
2. Discovery File?
3. Smith’s criminal record – Petty theft usually starts earlier than early 20s

 

 

 

 

Theory of Defense:  Ms. Smith was out to dinner with her boyfriend and then stopped at the PNC bank in order to pick up extra money to go out with more friends when she was taken into custody by the Metropolitan Police Department.  The CW then positively IDed Ms. Smith as the person who assaulted her based on the speed of arrest by police, the fact that Ms. Smith was in relatively the same area as the scene of the crime and the fact that she faintly resembled the description given of the actual assailant.

 

Thought to remember – As the defense, people are not required and may not be willing to talk to us, so remember to stress being polite and asking permission.  We cannot force witnesses to do or say anything.

 

Reasons why the complainant identified Ms. Smith:

1. In the vicinity
2. Wearing dark pants with a red top
3. Medium complexion and build
4. Belief in the Police Department in regards to the show-up
5. Quickness of discovery

 

Support of the reasons:

1. Vicinity
   1. Walking distance from where the assault happened
   2. Easily could have ran and then resumed evening activities