Thursday, August 4, 2005

The Scene....

In early 2004, at approximately 7:00 am, John and Mary Smith left their residence on W. Washington Street to by a large quantity of Cocaine. 

They traveled to E. Washington Street, some 15 miles, despite Mr. Smith being on 'House Arrest'.  They had been doing coke all night and wanted more.  

Mr. Smith had just received a substantial amount of money, being on SS Disability for renal failure.  He had, according to his wife, $1000.00 in his pocket.  

They found a dealer, 'Tiny' on the street, who told them to go to Mr. Dick Johnson's house just down the street.  They all went to Mr Johnson's, where 'Tiny' used the phone to locate a larger quantity.  

Mr. Johnson occupies half of a double (a house divided into 2 sides to clarify).  You walk into the living room area, which is approximately 15' x 15'.  Continuing through this room is connected to another room about 12' x 12', which contained a bed, dresser, a bookshelf, a pile of magazines on the floor, and scattered piles of clothing on the floor.   Picture from Hometown  

There is a very narrow hallway, approximately 2-2.5' wide that connects to the kitchen, which is around 8' x 10'.  There are clothes baskets filled with clothes in the hallway, along with some other miscellaneous items.  

In the kitchen, there is a small round table in the corner, opposite side on the wall of the hallway.  Walking into the kitchen, straight ahead is the sink and a counter.  The stove is to the right of the sink.  There is a back door next to the stove, it has a mop in front of it.  There is a small rectangular table, similar to a tv stand or microwave cart.  It has a toaster oven and some pots on it.  

The couple purchased $50.00 worth of cocaine from 'Tiny', which they smoked with Mr. Johnson, and two other people in the house, a dating couple, Kim and Joe, while waiting for 'Tiny' to get more.  'Tiny' left the house, came back and made more calls, left again, and came back with 'G-man'.   

'G-man', 'Tiny', Mr. and Mrs. Smith went to the small kitchen, in the back of the house.  Mr. Johnson was sitting on the couch in the living room.  Kim is on the porch.  Joe had left.  

'Tiny' was upset that Mr. and Mrs. Smith were talking to 'G-man' because he had already set up the deal with someone else.  But 'G-man' was selling too.   Mr. Smith and 'G-man' haggled over the price, according to Kim.  Mr. Smith was heard to say "What are you trying to do, rob me?"   

Shots were fired in the kitchen, all rounds were fired from the gun.  Mr. Smith was hit 8 times, twice in the front.  One to the left side of his left nipple, one to his pelvic region, around his colon area. 

He was hit 6 times in the back:  3 to his lower back around the kidney on the left side, 2 to the upper chest area, and 1 grazed his back, traveling horizontally across it.  

911 was called by Mr.Johnson from his residence.  No time was given, but police arrived on scene at 7:21.  Paramedics had already transported Mr. Smith to the hospital, where he soon died.  

Police made no arrests that day.  They did find the gun behind a trash bin a few houses south of Mr. Johnson's, in the alley that runs behind the houses. 

They took information from all people named above on that day.   Picture from Hometown    

The Players.....

1.  'Tiny' was 17 and a local street dealer.  Also known by the police for his drug involvement.  He had been known to hang out with a girl, 'Tammy', who lived approximately 4 blocks north of Mr. Johnson's house. 

*He kept a gun at Tammy's house.

*He is currently incarcerated on felony drug charges, having accepted a plea bargin to testify that 'G-man' was the shooter. 

*He was, first, also charged with Mr. Smith's murder.  

2.  'G-man' was not well known in the area, but did have a sexual relationship with a girl on Mr. Johnson's street, 3 or 4 houses North of where the gun was found in the alley. 

*He is currently on trial for murder of Mr. Smith, attempted robbery, and illegal possession of a handgun. 

*He has no drug charges against him.

*He turned himself in.  

3. This girl and her cousin lived in the house.  The girl is not part of this.  

4.  Her cousin, 'Sally', was involved with (and pregnant by) another well known dealer of the neighborhood, 'Tommy'.  Sally did not have the child.   

5.  Tommy's street name is also 'G-man' (not the same person as above and I will not call him that so not to confuse you~like we were! ;).  Tommy is real tough guy.  But he looks similar to the 'G-man' on trial.

*Tommy is currently in 'the system', but no one knows where....  

6.  Mr. Johnson is an old man who enjoyed getting high.   

7.  Kim and Joe had been living with Mr. Johnson for a few months before the shooting. 

*Kim has been arrested for prostitution before.    

8.  We do not know much more about Joe, other than his appearance.

*Joe did not testify here, as no one said he was at the scene when or after the shooting took place.  

9.  The second officer on scene, who has been a patrolman for 21 years in that area. 

*It should be of note that one of our juror questions was what this officer's rank was.  The reasoning behind it is we thought it odd he had not moved up in rank in 21 years.

*We do not know if this was his choice.  

10.  Another officer who had seen 'G-man' that morning, in the area where 'Tiny' kept his gun.  

11.  The crime lab officer who recovered the gun.  

12.  The forensics officer who photographed the scene and charted the locations of items used in the investigation.  

13.  The forensic scientist who analyzed the items from the scene.   

14.  Mr. Jones, who saw the gun on his property behind his trash bin.  He called 911 to turn it in.  He said he did not touch it.  

15.  Detective Mike Kent, who conducted the follow up investigation. He interviewed everyone whose name came up.  They include all the parties listed here (including Joe, Sally's cousin, and Tommy). He first interviewed witnesses on April 16th.  Then again on April 24th, with a new set of photo arrays including pictures of Tommy, 'Tiny', and 'G-man' in those.  

16. Mrs. Smith had just married her husband the previous December, but they had dated for 4 years prior.  She and her husband had a habit of smoking crack, but she says they would stop, then relapse, then stop again, etc.   

 

**Mr. Johnson, Mrs. Smith, Kim and Joe all gave statements that day.  

**They were shown photo arrays of possible suspects that day.  

**No one was identified from those.

**They were shown different photo arrays a few days later containing pictures of 'Tiny',  Tommy, and 'G-man'

Jury Instructions & Charges....

I have lost this twice now.  It will not happen a third time.  I will save it before I post it. 

Eventually, I'll come up with a way for readers to play the roles and we can act it out... but I'll need more time for that :)  

I know I left out things that I cannot remember while writing it all out.  If you have further questions, feel free to ask me.  Leave a comment or email me, and I'll answer here.  

Also, Jurors talk to each other.  So if you want or need to, I'll gladly offer up my comment section for your bantering pleasure :)  Or, obviously, you can talk to each other privately... or not at all ;)  

This is for entertainment purposes only.  All names have been changed to protect the identities of the parties involved.  Any name, place, or event bearing any similarity is merely coincidental.  

With that, I will swear you in.  Please raise your right hand.  

**Any juror who has been victim of, or knows someone close to them who has been victim of a crime will be immediately dismissed for Cause.  

**Any juror who cannot be fair and impartial will automatically be dismissed for Cause.    

 

Juror Instructions  

Jurors are not to consider information or evidence not pertaining to the charges against the Defendant.  

Jurors cannot consider the Defendant not testifying.  It is his right not to.  It is not an admission of guilt.  

It is the State's burden to prove the Defendant is guilty.  

Jurors talk to each other, though not unless all jurors are present and discussing the case.  Now, I do not expect you all to want or need to talk to each other.  Obviously you cannot all get together at the same time.    

 

 The Charges  

COUNT I   Felony Murder  

Defined:  A murder that occurs while another felony is occuring.  

 

COUNT II   Murder  

Defined:  A person knowingly takes the life of another.  

 

COUNT III    Attempted Robbery  

Defined:  The attempt to take personal property, in this case US Currency, against the will of the rightful owner.  

 

COUNT IV   Illegal Possession of a Firearm  

Defined:  Having a firearm on the person or property without a license or permit to carry.

Finally done....

Alrighty!   Are we ready for J~Land's first mock trial?  

I am posting these entries in a particular order.  I think it would be best to read them in this order, but you guys do what you want ;)  

1st~Jury instructions & Charges

2nd~The players

3rd~The scene

4th~The Testimony  

After the testimony, leave me a comment as to whether you would find the defendant Guilty or Not Guilty.  

A real jury has 13 people, and one alternate juror.  The alternate sits with the jury and listens to the trail, but cannot discuss the case with jurors on deliberations.  

I hope to get close to that amount of people, so send your friends to play along, too!!  

With that, here is your case.......  

Cat

Wednesday, August 3, 2005

Ok, so I lied....

You know how I said I'd have the trial written up today?  Well, it is taking longer than I thought.  

I need to make sure I give you all the information we had.  Even though some of it is totally irrelevant to the case, it is necessary so you guys can weed out the vital stuff on your own (like a jury would).   

See, this is a learning experience if you ever have to serve. 

You have to know you will get all kinds of information in a trial, and it is not always easy to tell what is important.  (You will also be able to take notes and ask questions of witnesses on a real jury)  

So, I will submit this mock trial in sections.  I will give you the people involved, the crime scene, the witnesses' testimonies in court, and the evidence.   

The rest is up to you.  

Sorry, again, for the delay..... but now you have something to look forward to ;)  

Kitty~

Tuesday, August 2, 2005

Answers....

Just answering questions from my comment section, previous entry  :)  I have obviously edited the comments....    

Whew, nothing like being left hanging, right?

Jimmy

PS  LOL over the "noise" comment regarding Law And Order.
Comment from
stupidsheetguy - 8/2/05 7:17 PM  

Sorry, man, it's the law ;)    But, good news is~we finished today!  Bad news is, I'll write it up tomorrow night.  I need to get some background info first and I am too beat tonight.    

 

Falifil...never had it, heard of it, what is it?!?!  It's not cat, is it?
Comment from
billandnae - 8/2/05 2:05 PM  

Here's what falafel consists of (yes, I spelled it wrong last night): Ingredients 

*Sprouted garbanzo beans,*lime,*cilantro,*cumin,*curry, extra virgin olive oil,*garlic, & *onion.  Then they are fried :)

and here are pictures: 

  Picture from Hometown              Picture from Hometown              Picture from Hometown     I love them!!! 

And you are thinking of Koreans, Love.  Koreans eat cat.... lmao.  Just kidding.....    

 

Cat
Now, do I need to come over and pin your folding money to the inside of your pants?  I'm hoping you get to have one of those meals at Ameer today.  
  Sam
Comment from
gaboatman - 8/2/05 5:04 AM  

Okay, Sam, shall I bring the pin(s)?  ;)  I did eat at Ameer today!  I got gyros (with a hard 'G' sound).  Any other way is just wrong.  It was good, but not falafel....    

 

Okay, so I am not sure again... are we happy or sad you got jury duty? ;-)
$ -- like anybody's gonna' turn it in, right?

~Miss O
Comment from
missboogerhead - 8/1/05 11:45 PM  

Well, Miss O, I actually love serving on a jury.  It is the disruption of my daily routines that I do not like.  Majority of the time, one waits most of the day only to be sent home, not being picked.  So I was a little of both.  Especially after how yesterday turned out.  Today, though, was a good day.   Yeah, I laughed when I asked the baliff if any had been turned in... he laughed, too.  

 

Can't you smoke at the court house???  Outside I mean?   Just wondering.  

*hugs*
Comment from
redbaranjj - 8/1/05 11:42 PM  

Yes, we can smoke outside the court house.  We were only allowed 2 breaks yesterday, and an hour for lunch.  So I smoked like 3 the whole day. 

Once we were done, and I was waiting to be picked up, a freshly- released-from-the-joint chick befriended me, my smokes, and my cell phone.   I was handing her cigs from my pocket without taking the pack out, so she wouldn't keep asking for more.  And I let her make one local call to someone to come get her and her bag full of prescription drugs. 

She left about 10 minutes before my Mom arrived, so I did not smoke more than 2 cigs while waiting.    I forgot to talk about her, didn't I?  Oh well, not much to tell other than tales of woe-is-me....  

 

So, there you have it.....  

As I replied to Jimmy, I will write up the end of the trial tomorrow.  Sorry for the suspense, but I want to see what you guys would've done had you been sitting on the jury.....  So, you won't get our verdict until I get yours  ;)  

Hush!  It is my journal <raspberries>  

Have a good one, Lovies......  

Cat

Monday, August 1, 2005

Dog tired Kitty....

This is why I do not get optimistic.  

I psyched myself up last night, planning what I'd do today once I returned from the dreaded jury pool room.  I had tons of paperwork to be taken to various facilities around my side of town.  I even had a list.  

I stayed up until 1 am playing poker online with my buddy, thinking I could squeeze in a nap today.  I got up this morning at 6:15 to be downtown by 8:00.  No time for coffee, either.....  

I gathered my crossword/variety puzzle book, a couple pens, a pack of gum, and a notebook for jotting down random thoughts I may need to convey to my loyal readers.  

I wedged my XXXL ass into one of the narrow theater type seats, before opting for sitting at the table to fill out my prospective juror questionaire.  No sooner had I completed it and turned it in, was my name called.  

DAMN!  

Well, this is only part one.  Maybe they'll get all the jurors from the first group of 14.  Yeah... they got 4.   

CRAP!  

I hear my name yet again.  Up to the jury box I went.  The State asked me one direct question:  Do I watch any of the tv shows like CSI or Law & Order?  I was honest.  I said I don't watch CSI and the only thing I know about Law & Order is that annoying sound!   

LAUGHTER!  

DAMN!  

One word of advice if you are ever trying to avoid jury duty~do not make them laugh.  

I was the first one picked out of our group.  They choose 7 of our 14.  They had 11 and needed 2 more.  Ladies and Gentlemen, we have a jury.  

Of course I cannot spill details until its over.... but I will say there were only criminal cases being heard today.  

And I'm the lucky duck who got the murder trial.....  

That is not even the end of my day.  

Our City-County Building is right across the street from our City Market.  The City Market happens to have one of my favorite Middle Eastern Food places, 'Ameer'.  'Ameer' happens to serve my favorite falafil on Mondays.  I skipped (yes, skipped~I was a happy Cat) over to Ameer and ordered!  But apparently, lost my money out of my pocket in the damn City-County Bldg!  I was (am) pissed!  

I shrug it off and scurry to find a place in there that actually knows what a credit card is~it is really ancient in there.  I found one and ate a tuna freakin sandwich.  No comparison :(  

That's enough, right?!  

Oh no, boys and girls, let me tell you the end of my day.  We escape the courtroom this evening right before 6pm.  I call my Dad to come fetch my starving, nicotine craving butt.  Dad's en route.  

At 6:45, my Mom calls my cell.  Something happened to the car, but she didn't know what.  She heard my father tell the tow truck driver(!) to be careful there is glass there!  My over active imaginaion immediately thinks someone has hit my ...uh... I mean... his Lincoln with my baby and my daddy inside.  

Mom is coming to get me.  Dad and Gracie are with the 'wrecked' car.  I have no idea how Gracie is.  I called my brother and told him I knew nothing that was going on, but could he go home and wait for the phone to ring or someone to show up.  He did (he's the greatest!).  

So, at 7:45 my Mom shows up with Grace.  Whewww!  The Lincoln stalled and wouldn't restart.  So it got towed.  Mom saw Dad and stopped to get Grace.  Dad went with the car.   

I am home.  Nicotine replenished.  Faculties intact.   

Tomorrow awaits......

   Cat