__________________________________________________________________ 2010 ALASKA HIGH SCHOOL MOCK TRIAL COMPETITION Anchorage, April 2-3, 2010 Boney Courthouse State of Alaska v. Avery Armstrong Case No. 5MV-09-9999 CR OFFICIAL CASE MATERIALS & COMPETITION RULES __________________________________________________________________ TEAM MEMBER’S PACKET Including all evidence, applicable law, competition rules, and team registration forms. Sponsored by the Anchorage Bar Association, Young Lawyers Section TABLE OF CONTENTS Author’s Note .................................................................................. 1 I. Legal Documents .................................................................... 3 Indictment ................................................................................ 4 Stipulations ............................................................................... 6 Jury Instructions ....................................................................... 9 II. Affidavits .................................................................................. 14 For the State: Affidavit of Drew Parsons ..................................................... 15 Affidavit of Officer Riley Smith .......................................... 20 Affidavit of Detective Alexi Franklin .................................. 25 Affidavit of Dr. Jan Kowalski .............................................. 28 For the Defendant: Affidavit of Avery Armstrong ............................................... 33 Affidavit of Jordan Walker .................................................... 40 Affidavit of Dr. Quinn Leslie ................................................ 44 Affidavit of Detective Pat Garcia .......................................... 49 III. Exhibits ................................................................................... 52 Last Will and Testament of Mary Armstrong .......................... 53 Gun found in Grace Armstrong’s hand at crime scene ........... 57 Sketches of pictures taken at crime scene ................................ 58 Officer Smith crime scene sketch ............................................ 62 Investigation Report of Det. Franklin ..................................... 63 IV. Competition Rules and Forms ............................................ 66 Contents .................................................................................. 67 Rules of Competition .............................................................. 70 2 Modified Rules of Evidence ................................................... 83 Evaluation Guidelines ............................................................. 95 Team Registration Form ......................................................... 96 3 Author’s Note Robert and Mary Armstrong were the patrons of the arts in the university city of Moose Valley, Alaska. When they died tragically in a plane crash, the fortune fell to their daughter Grace Armstrong to manage. On the evening of October 13, 2009, a shot rang out in the Armstrong house. A neighbor, Drew Parsons called the police, and when Officer Riley Smith arrived Grace Armstrong was found dead inside, a gunshot wound to her head. Avery Armstrong, Grace’s brother/sister, was called to identify the body. Following an investigation by Detective Alexi Franklin, Avery was arrested for the murder of Grace. Dr. Quinn Leslie, a forensic psychologist, suggests that Grace may have committed suicide, but the report of the coroner, Dr. Jan Kowalski, discounts this theory. Retired detective Pat Garcia, on the other hand, believes that Grace may have been murdered by an intruder other than Avery Armstrong. * * * * * This year’s problem tries a slightly new approach compared to past mock trial problems. Rather than have the witnesses offer elaborate theories about what happened the night Grace Armstrong died, the students themselves will have the opportunity to derive their own theories based upon the plethora of factual information provided in the affidavits and exhibits. This will hopefully give the students more freedom in how they craft their arguments. It should also make the competition rounds more unpredictable and therefore require students to think more on their feet. One of the goals of Alaska Mock Trial is to encourage high school students to become independent thinkers and confident public speakers. It is hoped that the more open structure of the problem will contribute to the achievement of these goals. One of the ways to structure the problem more openly was to create an exhibit out of the investigation report of Det. Alexi Franklin. This report, which may or may not be independently admissible, is not meant to resemble an actual police investigation report but rather is structured so as to provide details from the investigation from which students can draw their own conclusions. To this end, it will be noticed that the “conclusions” section of the report is left effectively blank. Similarly, the affidavit of Det. Pat Garcia leaves a great deal of freedom to students to develop critiques of Det. Franklin’s report and conclusions. As with all mock trial problems, teams will need to make strategic decisions about which witnesses to call and how that witness can contribute to the team’s overall theory of the case. Efforts have been made to ensure that the forensic methods and statistics provided in the affidavits and exhibits are relatively accurate, though some of the finer details have been glossed over. There are limits to what can be presented in the mock trial materials, and students will inevitably wonder why a certain line of inquiry was not pursued by one of the witnesses. The lack of this pursuit may be used to impeach the witness in question, but students of course cannot create the answers themselves. A witness who is asked why he or she did not pursue a particular line of inquiry can only answer that they did not. Because of the heavy emphasis on introducing evidence, be it in the form of exhibits or witness testimony, students and teachers are encouraged to consult the Introduction to the Rules of Evidence found at the Alaska Mock Trial website –www.alaskamocktrial.org. This resource, 1 along with the Introduction to Trial Practice document found on the same website, is drafted by Matt Block and serves as an excellent tool for Mock Trial teachers and coaches, even for those who have prior experience with Mock Trial. There are many layers to the evidence in this year’s problem, some of them quite subtle and which will require attention to detail by the students. Teams should be open to re-crafting their theories of the case as they become more familiar with the case materials. Also, for the first time students will be allowed to bring demonstrative displays into the courtroom. These were previously excluded out of a fear that it might give some teams an unfair advantage. This rule has been relaxed in the belief that printing technology is widespread enough that every team can take advantage of it with minimal effort and expense. This change is described in more detail in Competition Rule 21. While the rule has been relaxed, I would caution teams not to go overboard. Courtroom displays are often most persuasive when they are used sparingly. The 2010 Alaska High School Mock Trial Competition is organized and sponsored by the Young Lawyers Section of the Anchorage Bar Association, and the efforts of its members are greatly appreciated in staffing the competition. Additionally, for their assistance in helping to develop this problem, I would like to thank Bill Pearson for drafting the Will of Mary Armstrong, Amy Doogan for proofreading the case materials, and Carrie Rosenberg for drawing the picture used as exhibits. The copyright to the characters and story contained in this problem is retained by Ryan Fortson, with unrestricted non-monetary use granted to the Young Lawyers Section of the Anchorage Bar Association for use in the 2010 Alaska High School Mock Trial Competition. Finally, a huge thank you to all of those teachers, attorneys, and parents who volunteer their time to coach mock trial teams. The competition would not be possible without you. If you have any questions about the problem or about forming a team for the competition, please feel free to contact me at [email protected]. As always, I have greatly enjoyed drafting the case materials and hope that students and teachers find them equally enjoyable and educational. Thank you, Ryan Fortson 2 I. Legal Documents 3 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FIFTH JUDICIAL DISTRICT AT MOOSE VALLEY STATE OF ALASKA, Plaintiff, Case No. 5MV-09-9999 CR vs. AVERY ARMSTRONG, DOB: 9/12/1985 APSIN ID: 7654321 SSN: 574-00-1234 ATN: 107-907-000, Defendant. INDICTMENT I certify this document and its attachments do not contain the (1) name of a victim of a sexual offense listed in AS 12.61.140 or (2) residence or business address or telephone number of a victim of or witness to any offense unless it is an address identifying the place of a crime or an address or telephone number in a transcript of a court proceeding and disclosure of the information was ordered by the court. The following counts charge a crime involving DOMESTIC VIOLENCE as defined in AS 18.66.990: NONE. THE GRAND JURY CHARGES: Count I AS 11.41.100(a)(1) Murder in the First Degree That on or about the evening of October 13, 2009, in the city of Moose Valley in the Fifth Judicial District, State of Alaska, AVERY ARMSTRONG did commit murder in the first degree by (1) intending to cause the death of Grace Armstrong; and (2) either (a) directly causing the death of Grace Armstrong or (b) compelling or inducing Grace Armstrong to commit suicide through duress or deception. All of which is an unclassified felony being contrary to and in violation of Alaska Statute 11.41.100(a)(1) and against the peace and dignity of the State of Alaska. 4 DATED this 16th day of December, 2009 at Alaskopolis, Alaska. A true bill Grand Jury Foreperson ___________________ Assistant District Attorney Bar No. ____________ WITNESSES EXAMINED BEFORE THE GRAND JURY: Officer Riley Smith Detective Alexi Franklin Drew Parsons 5 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FIFTH JUDICIAL DISTRICT AT MOOSE VALLEY STATE OF ALASKA, Plaintiff, Case No. 5MV-09-9999 CR vs. AVERY ARMSTRONG, DOB: 9/12/1985 APSIN ID: 7654321 SSN: 574-00-1234 ATN: 107-907-000, Defendant. STIPULATIONS It is stipulated for purposes of this Mock Trial that the following facts and statements have been agreed upon by the parties and may be relied upon at trial: I. Moose Valley is a city of approximately 30,000 residents and is the home of the University of Alaska Moose Valley. Moose Valley is located in the Fifth Judicial District of Alaska. Jurisdiction for this trial is properly located in the Fifth Judicial District in Moose Valley. II. The Estate of Robert and Mary Armstrong is controlled by the Will of Mary Armstrong. The will of Robert Armstrong bequeathed his interests in the Estate in the same manner set forth in the Will of Mary Armstrong. Grace Armstrong died without a will. By law, all money and possessions not otherwise assigned are to go to Avery Armstrong upon Grace Armstrong’s death, provided that Avery did not cause Grace’s death. 6 III. All pleadings have been properly filed and served to all other parties. All procedural matters have been properly conducted. Avery Armstrong has pled “Not Guilty” to all counts contained in the Indictment. IV. All affidavits are considered part of the case materials and may be used during trial for impeachment purposes and to refresh the memory of that particular witness. The affidavits have been validly signed and notarized. V. All exhibits included in these case materials are authentic and, where appropriate, validly signed. All photographs are accurate representations of the objects or scenes they are identified as portraying. No objections to the authenticity of the exhibits will be entertained. Exhibits may otherwise be challenged for admissibility. There are no exhibits admissible at trial that are not contained in the case materials. VI. A Civil Rule 403 motion regarding the introduction of crime scene photographs has been filed and adjudicated by the Court. The Court has determined that the pictures at issue are so graphic that their prejudicial effect is outweighed by their probative value in their current form. Instead, sketches of the photographs will be substituted for the actual photographs. These sketches are stipulated to be accurate depictions of the representations in the photographs. VII. The parties stipulate that proper procedures were followed in collecting all evidence at the crime scene and that evidence cannot be challenged on the grounds that it was improperly collected or processed by any law enforcement officials, private investigators, or lab technicians. 7