State of Independence vs. Sandy Townsend

Transcription

1 CASE MATERIALS & COMPETITION RULES State of Independence vs. Sandy Townsend We extend gratitude to the Center for Civic Values, Albuquerque, New Mexico and the original authors of this Case. 1

2 The Mock Trial Program extends its gratitude for the generous support and assistance of: Aafedt Forde Gray Monson & Hager, PA Fredrickson & Byron Foundation Lawplicity, LLC Mankato Post Office Minnesota Continuing Legal Education Minnesota State Bar Foundation Oppenheimer, Wolff & Donnelly, LLP Ratwik Roszak & Maloney, PA Statewide Judicial Districts Thomson Reuters MSBA Animal Law Section MSBA Appellate Practice Section MSBA Art & Entertainment Law Section MSBA Children & the Law Section MSBA Civil Litigation Section MSBA Construction Law Section MSBA Corporate Counsel Section MSBA Family Law Section MSBA Labor & Employment Law Section MSBA Outstate Practice Section MSBA Public Law Section MSBA Public Utilities Law Section MSBA Solo & Small Firm Section MSBA Civil Trial Law Certification Board First District Bar Association Seventh District Bar Association Eighth District Bar Association Twelfth District Bar Association Eighteenth District Bar Association Thank you to over the 700 attorney volunteers that spend countless hours preparing teams and judging the competitions! Without your support, the program would not be a success! Visit the May Bench & Bar publication on our website to see who they are! Special thanks to the Mock Trial Advisory Committee! Committee members: Kristin Olson, Minnetonka, Chair; The Honorable Peter Cahill, Minneapolis; The Honorable Jim Dehn, Cambridge; Dyan Ebert, St. Cloud; Tara Ferguson Lopez, St. Cloud; Thomas Hanson, Prior Lake; Nicholas Hydukovich, Chisago; The Honorable David Lillehaug, St. Paul; William McGinnis, Rochester; H William Oosterman, Moundsview; Steven Ott, Winona; Robert Patient, Roseville; Steven Pattee, Lakeville; Wynne Reece, Minneapolis; Torrie Schneider, Bloomington; Marc Sebora, Hutchinson; Christian Shafer, Minneapolis; Amanda Sieling, Granite Falls; and The Honorable Mark Vandelist, Lakeville. Since 1986, the Mock Trial Program has been sponsored by The Minnesota State Bar Association 600 Nicollet Mall, Suite 380 Minneapolis, MN (612) or (800) 882-MSBA Visit the Mock Trial website at: For further information, contact: Kim Basting, MSBA Mock Trial Manager kbasting@mnbar.org 2

3 To: From: Re: MSBA Mock Trial Program Participants Kristin Olson, Chair, MSBA Mock Trial Advisory Committee Mock Trial Program Date: October 17, 2014 On behalf of the Minnesota State Bar Association and the Mock Trial Advisory Committee, welcome to the 29 th season of the MSBA High School Mock Trial Program! We are proud to present to you these case materials and look forward to seeing the arguments you develop. The MSBA hopes that all the benefits of the Mock Trial Program will go far beyond the rewards associated with competing against one s peers, winning a round or two, or even the state title. The goals of Mock Trial include: 1) To develop a practical understanding of the way in which the American legal system functions. 2) To enhance cooperation and respect among educators, students, legal professionals, and the general community. 3) To help students increase basic life and leadership skills such as critical and creative thinking, effective communication, and analytical reasoning. 4) To heighten appreciation for academic studies and promote positive scholastic achievement. The mock trial website, located at will be your source for information regarding the case and the tournament throughout the next several months. You will find timekeeper s sheets, score sheets, case clarifications, and other resources to help you prepare your case. The success of this program relies heavily on the hundreds of volunteers acting as coaches and judges; be sure to extend your gratitude to these individuals whenever given the chance throughout the season! Best of luck and enjoy the case! 3

4 TABLE OF CONTENTS Section One: Professionalism Performance Award & Professionalism Aspirations 5 Sources and Resources 9 Case Overview 18 Grand Jury Indictment 19 Statutes 20 Jury Instructions 21 Section Two: Witness for Plaintiff Detective Rae/Ray Taylor 24 Witness for Plaintiff Chris Long 28 Witness for Plaintiff Mickey Jameson 32 Witness for Defense Pat Gonzales 36 Witness for Defense Jean/Gene Wade 39 Witness for Defense Sandy Townsend 42 Section Three: Exhibit 1 Alleged Murder Weapon 46 Exhibit 2 Circle of Hope Incident Report 47 Exhibit 3 Silver Streak Café September Calendar Page 48 Exhibit 4 Prime Cuts Delivery Receipt 49 Exhibit 5 Community Hero Award Nomination Letter 50 Exhibit 6 Complaint Letter to JDP Chief 51 Section Four: Competition Rules 52 Minnesota Mock Trial Simplified Rules of Evidence 73 Sample Team Roster 84 Pre-Trial Conference 85 4

5 Section 1: MSBA Mock Trial Outstanding Professionalism Performance Award The MSBA Mock Trials are conducted with the same high professional standards expected of all attorneys and judges within the State of Minnesota. The Mock Trial Outstanding Professional Performance Awards were created by the MSBA Professionalism Committee to recognize Mock Trial participants demonstrating high professional standards while competing in Mock Trials. Student attorneys and judges are invited to nominate participants demonstrating high professional standards. Awards are given in three categories: individual, team, and attorney coach Mock Trial Outstanding Professionalism Performance Award Recipients: (Individual) Dalton Foss, Sartell High School (Individual) Hannah Murphy, Maple River High School (Team) Edina High School We congratulate past recipients and challenge all 2015 participants to follow their example in conducting themselves as professionals and examples for all in the legal profession. Nomination forms are available on the Mock Trial website. In addition, all judges will be provided with forms during the competition. Nominations will be reviewed by the MSBA Professionalism Committee. Selection will be based on civility, courtesy, honesty, integrity and trustworthiness demonstrated during the Mock Trial Competition. The Professionalism Aspirations and Attorney Core Value messages are resources to review to become familiar with these expectations. The MSBA Professionalism Committee looks forward to presenting the 2015 Mock Trial Outstanding Professionalism Performance Award at the 2015 State Tournament in Minneapolis on March 6,

6 Respect & Fairness A message from the MSBA Student & Professionalism Committees This is the second in a series of five messages regarding the core values in the legal profession that cover: 1) Respect & Fairness; 2) Service; 3) Honesty, Integrity, and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. This piece addresses Respect & Fairness. The cliché is true: we are guardians of our profession. The legal profession is one of the remaining selfregulating professions. It is an awesome responsibility and we must fiercely protect its integrity. Take the time now, while you are in a learning environment, to practice respect and fairness. Core Value: Respect & Fairness The Preamble of the Minnesota Rules of Professional Conduct states that: A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process. Rule 4.4 of the Minnesota Rules of Professional Conduct states: In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person. Examples In Action In a settlement conference, an Attorney cursed at opposing party and then refused to respond to her complaint. After an investigation the court stated: "Lawyers must be encouraged to represent their clients vigorously and we are hesitant in any way to interfere...; yet there is a line that should not be crossed and respondent has crossed it." Attorney s comment served no legitimate purpose and was made only to burden or embarrass the other person. In re Getty, 401 N.W.2d 688, 671 (Minn. 1987), - In re Getty, 401 N.W.2d.688, 671 (Minn.1987), What does this mean for me? Practicing core values forms solid skills: Respect does not necessarily mean agreement. It means independent regard of another s perspectives, ideas, and contributions. Disagree without being disagreeable. Fairness includes sharing resources in school and the community. We all use the same materials so be considerate of others. Listening. You cannot win an argument without first listening to and understanding your opponents, your colleagues and your future clients. Promote and celebrate diversity. Determine what diversity means to you. Familiarize yourself with different cultures, religious beliefs, and ideologies through clubs and organizations. Spirited Debate. Classroom debate should be spirited and zealous while remaining fair and respectful. Professionalism and ethics. Good lawyers are ethical, disciplined, and value their reputation. Your reputation never leaves you. Civility. The law community is surprisingly small. Act civilly in all your dealings. Your colleague may become your boss or a judge. Anger. Reflect before you act. For example, don t send a hostile in anger only to regret it later. 6

7 Public Service A message from the MSBA Professionalism Committee There are five core values in the legal profession: 1) Respect and Fairness; 2) Public Service; 3) Honesty, Integrity and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. Society depends upon lawyers to provide services to those who cannot afford them. But public service is more than just providing free legal services. It is about committing ourselves to civic engagement. As members of the legal profession we are obligated to give back to the community and make it stronger. Core Value: Pro Bono Service Rule 6.1 of the Minnesota Rules of Professional Conduct states that: [a] lawyer should aspire to render at least 50 hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should provide a substantial majority of the 50 hours of legal services without fee or expectation of fee to (1) persons of limited means or (2) charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means. The comment to Rule 6.1 calls pro bono service a professional responsibility and an individual ethical commitment of each lawyer. Examples In Action Some simple ways to serve others include volunteering in a local soup kitchen, reading books to children, volunteering with a restorative justice program, and volunteering with the Minnesota Justice Foundation (MJF). How wonderful it is that nobody need wait a single moment before starting to improve the world. Anne Frank Maintaining the value to serve others means that you: Actively participate in the community. Seek out volunteer opportunities which interest you. Why wait until after law school to begin serving those around you? Life will always be busy and there will always be competition for your time. By serving others as you build your legal career you begin forming the patterns that you should aspire to throughout your legal career. You are developing your credibility as a lawyer by living out the core values of the legal profession. Make time for others. No matter how busy you are, serving others should be high on your priority list. Use your special gifts and abilities to give back to your community. Lawyers have a privileged role in society. This privilege comes with responsibility to try to improve our communities. Treat others with fairness and respect. Recognize that we all contribute differently to a common goal. Make your goal the improvement of the common good. Seek to grow professionally by learning new areas of law and to grow personally by developing diverse relationships. Help others. Be committed to promoting equal access to the legal system and educate others about the law. What does this mean for me? Learn what resources are available in your community to assist others. When you cannot provide assistance yourself, be able to refer people to agencies that can help them. 7

8 Honesty, Integrity, & Trustworthiness A message from the MSBA Professionalism Committee There are five core values in the legal profession: 1) Respect and Fairness; 2) Public Service; 3) Honesty, Integrity, and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. People will rely on you to have the judgment and expertise to serve their legal needs. As a professional you are expected to know the law, the legal process, and how to interact with your clients. Core Values: Honesty, Integrity, & Trustworthiness Rule 8.4 of the Minnesota Rules of Professional Conduct states in part that: It is professional misconduct for a lawyer to: (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (g) harass a person on the basis of sex, race, age, creed, religion, color, national origin, disability, sexual preference or marital status in connection with a lawyer's professional activities; or (h) commit a discriminatory act, prohibited by federal, state or local statute or ordinance, that reflects adversely on the lawyer's fitness as a lawyer. Prefer a loss to a dishonest gain; the one brings pain at the moment, the other for all time. Chilon Resources: What does this mean for me? Meet commitments and deadlines. Allow enough time to get assignments and other commitments completed on time. Live up to the aspirations of the legal profession. Your behaviors should always measure up to the aspirations of the profession. Professional misconduct jeopardizes our ability to be selfregulating. Make your word your bond. Every day you are building the reputation that will stay with you throughout your career. Do what you say you are going to do. Protect Confidences. Recognize the conversations that you should not share with others. A casual social story may be a serious breach of confidence. If you are acting as a student lawyer, realize you have both an ethical and legal obligation to protect your client s confidences. Remind your peers when you hear disclosures that you think should be confidential. Candidly complete your applications. You place yourself at serious risk if you fail to be forthright and candid in your applications for employment and to the Bar. For additional resources on honesty, integrity, and trustworthiness in the legal profession, refer to: Association of Professional Responsibility Lawyers, Legalethics.com, ABA Center for Professional Responsibility, The Trusted Advisor by David H. Maister, Charles H. Green, Robert M. Galford 8

9 Competent, Prompt, and Diligent Representation A message from the MSBA Professionalism Committee There are five core values in the legal profession: 1) Respect and Fairness; 2) Public Service; 3) Honesty, Integrity, and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. People will rely on you to have the judgment and expertise to serve their legal needs. As a professional you are expected to know the law, the legal process, and how to interact with your clients. Core Value: Competence, Promptness and Diligence The Minnesota Rules of Professional Conduct state in part that: Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Rule 1.3 Diligence [and Promptness] A lawyer shall act with reasonable diligence and promptness in representing a client. Resources: Minnesota State Bar Association Minnesota Continuing Legal Education Hennepin County Bar Association Ramsey County Bar Association Maintaining these values means that you: Be punctual and meet deadlines. Meet your deadlines whether in class or a clinic. Punctuality is essential whenever you are dealing with the court. Being late is not tolerated in practice, and jeopardizes client interests. Work hard. Invest time and effort in all assignments. Recognize that you are learning skills that will help you represent real people with real problems. Practicing law is a vocation, not an academic exercise. Expand your knowledge. Look at research projects as opportunities to further your legal knowledge. The greater your knowledge, the better able you will be to give legal advice to clients in a wider array of situations. What does this mean for me? Recognize limitations. The law is highly specialized. Do not expect to be knowledgeable in every area of the law. Your client has the right to demand your utmost competence. Utilize CLE courses and lunchtime lecture opportunities. The bar offers many opportunities for law students to attend CLE courses for free or at a reduced rate. Seek help when you need it. If you are working as a student attorney, never hesitate to seek advice and help when you are not sure what to do. Never guess. As you begin your career, seek out a mentor and others to help you provide the best representation you can. 9

10 Quality of Justice A message from the MSBA Professionalism Committee There are five core values in the legal profession: 1) Respect and Fairness; 2) Public Service; 3) Honesty, Integrity and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. Core Value: Responsibility for the Quality of Justice The first sentence of the Preamble to the Minnesota Rules of Professional Conduct states that: [a] lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. The Preamble continues, A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process. As a public citizen, a lawyer should seek improvement of the law, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor and sometimes persons who are not poor, cannot afford adequate legal assistance, and should therefore devote professional time and civic influence on their behalf. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest. "Though force can protect in emergency, only justice, fairness, consideration and cooperation can finally lead men to the dawn of eternal peace." Dwight David Eisenhower Maintaining this value means that you: Actively participate in the legal community. Seek out ways to improve the law and the legal system by joining and participating in Bar activities and events. Offer your expertise and contribute the skills you are learning to improve justice issues in your community. Find ways to get involved. Consider the public policy when evaluating case decisions. Public policy arguments are often an expression of the need for justice to be done. These are ways in which lawyers help steer the law in the direction it should go. Understand the legal process. The public s faith in the justice of the legal process depends upon having a voice in the process. What does this mean for me? Treat others with fairness and respect. Recognize that we all contribute differently to a common goal. Make your goal the improvement of the common good. Examples In Action A non-lawyer by the name of Clarence Earl Gideon working pro se petitioned the Supreme Court to ensure that a person charged with a crime, for which his freedom could be taken away, was entitled to the assistance of an attorney. Today, law students across the United States assist inmates on death row with appeals through organizations such as Innocence Project. Law students participating in national and local bar associations are partnering to improve the law and strengthen legal education. This series of letters on professionalism was developed for you by law students. 10

11 Sources and Resources NOTE: Participants are encouraged to review all the materials contained in the Sources and Resources section. They provide valuable insight and data about the subject of homelessness and will enable students to better understand the issue. The materials are, however, for informational purposes only and cannot be used in the presentation of the case at trial. These materials were provided by: National Alliance to End Homelessness 1518 K Street NW, Suite 206 Washington, DC Web site: Facts about Homelessness - Who Are the Homeless? 610,000 Americans are homeless on any given night. Over the course of a year, as many as two million people experience homelessness for some period of time. These are the people who live on the street, in shelters, in cars, and in campgrounds. Millions more live in precarious situations; overcrowded with family or friends, housed temporarily in institutions like prisons or mental hospitals, or paying too much of their income for rent. Together, all of these individuals make up the pool from which people cycle in and out of homelessness. Homelessness affects a wide variety of people. Young and old, healthy and sick, men and women, employed and unemployed: all are represented in the homeless population. Why Are They Homeless? People are homeless because of a lack of affordable housing; incomes that are too low to pay for basic living expenses; and, a lack of services to help people overcome personal challenges. These are the systemic or underlying factors which cause homelessness. Such systemic problems make it more likely that personal problems such as mental illness, physical illness, domestic violence, or substance abuse, will result in homelessness for an individual or a family. To end homelessness, three things are required. First, homeless people must be able to obtain housing. Second, they must have incomes adequate to meet their basic needs. Third, many need help to overcome the problems which interfere with their independent living. Solutions to Homelessness Housing By its name it is implied that homelessness is a housing problem. And indeed, the sole common characteristic of homeless people is that they do not have housing. If homelessness is to end in America, more housing must be made available to poor and low income people. Over the past twenty years, the supply of housing available to low income people has declined. In 1970 there were twice as many low cost units available as there were low income households. By 1983 this number had been reversed -- there were two households competing for every available unit. Why has this shortage occurred? In the past twenty years, thousands of affordable units have been lost to abandonment, urban renewal, gentrification, arson and condominium and cooperative conversion. The result is that the cost of housing has risen, but unfortunately the earnings of low income people have not kept pace. While many localities have an adequate supply of housing, this housing is often beyond the economic reach of low income people. In the past, gaps in the supply of 11

12 affordable housing were filled by either the federal government or the private sector, but their activity is no longer enough to make up the shortfall. One approach to solving the housing side of the equation is to create enough affordable housing to meet the demand. This can be done by increasing the capacity of nonprofits and community development corporations to develop such housing; by obtaining more public support for affordable housing; by creating more incentives for private sector involvement; and in many other ways. Income A second way to address homelessness is to ensure that people's incomes are adequate to support stable, independent living. Work is the chief source of income for homeless people, followed by public benefits. Yet, not surprisingly, the incomes of homeless people are very, very low. Over the past twenty years, increases in wages and benefits have failed to keep pace with increases in the cost of living. As a result, poor people are spending an increasing percentage of their incomes on housing. There are a variety of ways in which incomes can be increased, including employment training, job development and expanding public benefits. Services Even if there were enough affordable housing and all homeless people had sufficient incomes, many homeless people would still need help to overcome the personal challenges which interfere with their lives. An estimated 25% to 40% need programs to help them recover from drug and alcohol abuse illnesses. Others need support to replace the network of family and friends that many of us take for granted. As many as 30% require treatment for mental illness. There are those who need child care to give them the time to train and apply for a job. Still others need legal assistance to help them escape from domestic violence. Challenges to Solving Homelessness Many organizations around the country work every day to implement these solutions to homelessness. Using money from the federal government, state and local governments, and private donations, they provide assistance to homeless people and look out for their interests. These organizations know that emergency shelters alone won't solve the problem. Yet even the temporary help shelters offer doesn't reach everyone who needs it. In its 2013 survey of 25 cities, the U.S. Conference of Mayors found that 60 percent of the cities said they saw an increase in the number of people experiencing homelessness. Over 70 percent of the cities reported an increase in homelessness among families. Even the best organizations don't have enough resources to serve all homeless people, and not enough is being done to prevent more people from becoming homeless. Affordable housing, adequate incomes, and services must be made available not only to people who are currently homeless, but also to a wider group of poor and low income people who regularly cycle in and out of homelessness. Much remains to be done in the struggle against homelessness in America. 12

13 What You Can Do to End Homelessness Each day, a wide range of effective steps toward ending homelessness are taken by organizations and individuals like yourself. But until our common goal of ending homelessness is reached, the need for more people to add their energy and talents to the cause exits. Here are some suggestions for how you can make a difference in the fight to end homelessness. EDUCATE yourself, your family, friends, colleagues, and community on the causes, statistics, and solutions to homelessness. Sharing books, videos, and web sites -- and conversations with homeless service providers -- are all excellent ways to help us all learn more and take action. ADVOCATE for policies and programs that effectively serve homeless people on the local, state, and federal levels. Support plans that will create more affordable housing. Discuss current issues with housing and homeless advocacy groups. Share your concerns with public officials -- tell them that you too want homelessness to be ended. These are valuable methods for focusing community attention on solutions to homelessness. ASK when you donate goods and services. Find out what homeless people and service providers could really use. Don't assume that the familiar general categories of donations represent a one-sizefits-all solution to homelessness -- every human being has individual personal and professional needs that, when met, will direct them on the road to success. Donate with such thoughts in mind: consider giving clothing that individuals could wear to a job interview, home furnishings that could help a family transition into permanent housing, age appropriate learning materials for children entering their local school system. Call permanent housing organizations and other homeless service agencies for their respective wish lists, and encourage your family and community to help make those wishes come true. VOLUNTEER your time and ideas to programs within your community, and beyond. We suggest: Plan activities for homeless families and children. Train homeless individuals for employment. Work at a nearby housing organization. Register homeless people to vote Organize fundraising drives for local service agencies. Teach music, art, and other hobbies. Work at a shelter. Recruit others to join your efforts and to think of other creative projects. MN Homeless Youth.org Handbook: 13

14 Programs that Work Toward Solutions and Provide Services [Note: this is not intended to be a comprehensive listing, rather, it provides a sample of organizations addressing issues related to homelessness.] COMMUNITY ORGANIZATIONS ACROSS THE COUNTRY Directory of Local Homeless Service Organizations is a searchable database of direct service providers that assist individuals and families faced with homelessness. The directory is maintained by the National Coalition for the Homeless. Web site: NATIONAL ORGANIZATIONS American Bar Association Commission on Homelessness and Poverty is a 13- member commission of attorneys and lay people devoted to fostering the development of legal pro bono homeless programs, and to educating the profession and public about the legal problems of the very poor. (Washington, D.C.) homeless@abanet.org Web site: Building Changes work as an "intermediary," facilitating transformation and collaboration by aligning funding, sharing best practices and skills, and advocating for policy change. info@buildingchanges.org Web site: Center for Urban Community Services is committed to reducing homelessness and providing supportive services to people with mental illness, AIDS, chemical addiction & other special needs. (New York) cucsinfo@cucs.org Web site: Child Welfare League of America, Housing & Homelessness Initiative is part of their overall mission to develop/promote policies & programs to protect America's children and strengthen America's families. (Washington, D.C.) cwla@cwla.org Web site: Coalition on Human Needs is an alliance of national organizations working together to promote public policies that address the needs of low-income and other vulnerable people. (Washington, D.C.) jsandager@chn.org Web site: Corporation for Supportive Housing to advance solutions that use housing as a platform for services to improve the lives of the most vulnerable people, maximize public resources and build healthy communities. info@csh.org Web site: Enterprise Community is a national, nonprofit housing and community development corporation dedicated to bringing lasting improvements to distressed, low-income communities. (Maryland) mail@enterprisefoundation.org Web site: Help USA is a developer and operator of transitional housing for homeless families, with facilities in the New York metropolitan region and projects in several cities nationwide. The organization also provides on-site, comprehensive support services, including job training and placement programs. (New York) Web site: 14

15 Homes for the Homeless works at the local and national level to develop new solutions for combating homelessness and reducing the effects of poverty on families. The ICP realizes this mission through research, information, dissemination, training and program development. (New York) Web site: Homelessness Resource Center provides technical assistance, referrals and information to policy makers, service providers, researchers, consumers and others on many topics related to homelessness and mental illness. (NY) Web site: Pro bono attorneys, partnering with Baker & McKenzie, time and energy to create legal handbooks for participating states. They are written to be practical tools for youth and those who serve youth and need to understand legal rights and options in many different areas of law. Web site: Housing Assistance Council is a national nonprofit corporation created to increase the availability of decent and affordable housing for low-income people in rural areas throughout the United States. Established in 1971, HAC provides many services for local, state, and national organizations including loans, publications, technical assistance, training, and special projects. (Washington, D.C.) hac@ruralhome.org Web site: Housing Research Foundation is a private, nonprofit that works to enhance the ability of public housing agencies to deliver decent housing and suitable living conditions to lowincome families. To fulfill this goal, the organization conducts research, designs and implements technical assistance programs, and serves as a national clearinghouse of information on HUD's HOPE VI (an initiative to revitalize the country's most severely distressed public housing communities). (Washington, D.C.) Web site: LeadingAge represents non-profit organizations dedicated to providing high-quality health care, housing and services to the elderly. (Washington, D.C.) Web site: National AIDS Housing Coalition provides national-level policy development, networking and clearinghouse support & research on HIV/AIDS housing/homelessness issues. (NY) Web site: National American Indian Housing Council is a national membership organization that promotes, supports and upholds tribes and tribal housing agencies in their efforts to provide culturally-relevant, decent, safe, sanitary and affordable housing for native people in American Indian communities and Alaskan native villages. (Washington, D.C.) Web site: The National Association for the Education of Homeless Children and Youth (NAEHCY) is the voice and social conscience for the education of children and youth experiencing homelessness. NAEHCY accomplishes this through advocacy, partnerships, and education. Web site: 15

16 National Center for Homeless Education at SERVE provides information to those who seek to remove or overcome barriers to education and to improve educational opportunities and outcomes for homeless children and youth. Funded by the U.S. Department of Education. (North Carolina) Web site: National Coalition for Homeless Veterans seeks to eliminate homelessness in the veteran community, and serves as a liaison between branches of the federal government and community-based homeless veteran service providers to shape public policy, educate the public and build the capacity of service providers. (Washington, D.C.) info@nchv.org Web site: National Coalition for the Homeless is a national advocacy network of homeless persons, activists, service providers and others committed to ending homelessness through public education, policy advocacy, grassroots organizing and technical assistance. (D.C.) info@nationalhomeless.org Web site: National Health Care for the Homeless Council is a membership organization of health care providers working with homeless people across the U.S. The Council provides opportunities for education, information sharing, peer support and networking with a goal of preventing and eliminating homelessness. (Tennessee) council@nhchc.org Web site: National Housing Law Project is a national housing law and advocacy center that works to advance housing justice for the poor by increasing and preserving the supply of decent affordable housing, by improving existing housing conditions, including physical conditions and management practices, by expanding and enforcing low-income tenants' and homeowners' rights, and by increasing opportunities for racial and ethnic minorities. NHLP provides legal assistance, advocacy advice and housing expertise to legal services and other attorneys, low-income housing advocacy groups, and others who serve the poor. (CA) Web site: National Law Center on Homelessness and Poverty advocates for the rights of homeless people and works-through impact litigation, policy advocacy and public education-to implement solutions to end homelessness in America. (D.C.) Web site: National Low Income Housing Coalition is dedicated to ending America's affordable housing crisis and is committed to educating, organizing and advocating to ensure decent, affordable housing within healthy neighborhoods for everyone. (D.C.) Web site: National Student Campaign Against Hunger & Homelessness works with a coalition of students and community members across the country to end hunger and homelessness through education, service and action. NSCAHH trains students on strategies to improve or create service programs that meet their community's needs. (CA) Web site: PATH Beyond Shelter is a private, non-profit agency which combats chronic poverty, welfare dependency and homelessness among families with children through the provision of housing and social services and the promotion of systemic change. (California) path@epath.org Web site: 16

17 Technical Assistance Collaborative provides technical assistance, training, policy consultation and information to federal, state, and local government and non-profit organizations in the area of affordable housing, with specific expertise on affordable housing opportunities for people with disabilities, people who are homeless and other vulnerable populations. (Massachusetts) Web site: Weingart Center for the Homeless works to build partnerships to create a stronger community understanding of the causes of homelessness and poverty, to facilitate appropriate and applicable research, and to promote the implementation of sound, effective and responsive policies and programs. (CA) Web site: GOVERNMENT AGENCIES The Administration for Children and Families (ACF) is a division of the Department of Health & Human Services. We promote the economic and social well-being of families, children, individuals and communities. Web site: Federal Emergency Management Agency (FEMA) Emergency Food & Shelter Program allocates federal funds for food and shelter to the neediest areas. EFSP strives to provide fast response, foster public/private sector cooperation, and ensure local decision-making. Web site: U.S. Dept. of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMSHA) is charged with improving the quality and availability of prevention, treatment, and rehab services to reduce illness, death, disability, and cost to society resulting from substance abuse and mental illnesses. Web site: U.S. Dept. of Housing and Urban Development (HUD) Web site: HUD Policy Development and Research Information Services maintains current information on housing needs, market conditions, and existing programs, and conducts research on priority housing and community development issues. Web site: HUD Veteran Resource Center provides veterans and their family members with information on HUD's community-based programs and services, with a special focus on veterans who are homeless. hudvet@hud.gov Web site: U.S. Dept. of Veterans Affairs Homeless Programs Office offers outreach to veterans living on streets/in shelters, clinical assessment/referral to medical treatment for physical & psychiatric disorders, long-term sheltered transitional assistance/case management, employment assistance & linkage to available income supports, and supported permanent housing. Web site: 17

18 Statement of Facts Case Overview On November 19, 2013, the body of a homeless woman, later identified as that of Terese Jameson, the mother of 15-year-old Mickey Jameson and a former employee of the Silver Streak Café in downtown Jeffers, Independence, was discovered by Detective Rae/Ray Taylor in a trash dumpster in the alley behind the café. A piece of paving stone, stained with Jameson's blood, was found with the body; fingerprints on the stone belonged to the café's owner, Sandy Townsend, who has been charged with second degree murder in Jameson's death. According to Mickey Jameson and Chris Long, an employee of the homeless shelter where the Jamesons had stayed briefly, Townsend had fired Terese Jameson when she confronted her/him with her suspicion that horsemeat was being used in the Silver Streak's famous half-pound all-beef burgers. On the morning of her death, according to Mickey, Jameson went to the café intending to tell Townsend that unless s/he rehired her, she would report her/him to the city health authorities. The only other person in the Silver Streak that morning was Pat Gonzales, a meat delivery driver, who says that s/he did not witness any altercation between Townsend and Jameson, but that s/he did later observe a group of teen-agers around the dumpster in the alley where her/his delivery truck was parked. Jean/Gene Wade believes that her/his son, Stephen "Big Dog" Wade, who is in a local gang that has a reputation for preying on the homeless and is currently missing, may be involved in the murder. Both the prosecution and the defense are ready to proceed in the matter of State of Independence vs. Sandy Townsend. Stipulations 1. All Witness Statements, Exhibits and the signatures thereon are authentic. 2. Jurisdiction, venue and chain of custody of the evidence are proper. 3. All statements made by witnesses and all physical evidence and exhibits were Constitutionally obtained. 4. The quantity and price reflected on the Prime Cuts Delivery Receipt, Exhibit 4, are representative of the amounts delivered and charged three times weekly to The Silver Streak Café. 5. Rae/Ray Taylor has the education and experience necessary to testify as an expert. His/her qualifications are not subject to challenge in court. Witnesses For the Prosecution Mickey Jameson, child of deceased Chris Long, homeless shelter worker Rae/Ray Taylor, police detective For the Defense Pat Gonzales, delivery person Sandy Townsend, defendant (café owner) Jean/Gene Wade, parent of gang member Exhibits (Exhibit Number/Exhibit Name) 1 Murder Weapon 2 Circle of Hope Incident Report 3 Silver Streak Café October Calendar Page 4 Prime Cuts Delivery Receipt 5 Community Hero Award Nomination Letter 6 Complaint Letter to JPD Chief 18

19 SECOND JUDICIAL DISTRICT COUNTY OF LIBERTY STATE OF INDEPENDENCE STATE OF INDEPENDENCE, Plaintiff INDICTMENT NO. MN-MT-05 Crime: Second degree murder vs. SANDY TOWNSEND, Defendant THE GRAND JURY CHARGES: COUNT I: That on or about the 19th day of November, 2013, in Liberty County, State of Independence, the above-named Defendant did commit the offense of second degree murder, thereby causing the death of Terese Jameson. The names of the witnesses upon whose testimony this Indictment is based are as follows: Mickey Jameson Detective Rae/Ray Taylor Chris Long I hereby certify that the foregoing Indictment is a true bill. Anthony Abouta Anthony Abouta, FOREPERSON March 3, 2014 APPROVED: Marty Schwartz Marty Schwartz Deputy District Attorney 19

20 SECOND JUDICIAL DISTRICT COUNTY OF LIBERTY STATE OF INDEPENDENCE NO. MN-MT-05 STATE OF INDEPENDENCE, Plaintiff vs. SANDY TOWNSEND, Defendant INDICTMENT NO. MN-MT-05 Crime: Second degree murder STATUTES Murder. A. Murder in the first degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused: (1) by any kind of willful, deliberate and premeditated killing; (2) in the commission of or attempt to commit any felony; or (3) by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Whoever commits murder in the first degree is guilty of a capital felony. B. Unless s/he is acting upon sufficient provocation, upon a sudden quarrel or in the heat of passion, a person who kills another human being without lawful justification or excuse commits murder in the second degree if in performing the acts which cause the death s/he knows that such acts create a strong probability of death or great bodily harm to that individual or another. Murder in the second degree is a lesser included offense of the crime of murder in the first degree. Whoever commits murder in the second degree is guilty of a second degree felony resulting in the death of a human being Manslaughter. Manslaughter is the unlawful killing of a human being without malice. A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion. Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being. B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection. Whoever commits involuntary manslaughter is guilty of a fourth degree felony. 20