people vs. concha
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People vs. Concha. University High School Mock Trial. Jury Instructions. Pen. Code Sec. 188 (Second Degree Murder): Murder is the unlawful killing of a human being with malice aforethought. Jury Instructions. - PowerPoint PPT PresentationTRANSCRIPT
People vs. ConchaPeople vs. ConchaUniversity High School Mock TrialUniversity High School Mock Trial
Jury Instructions
Pen. Code Sec. 188 (Second Degree Murder): Murder is the unlawful killing of a human being with malice aforethought
Jury Instructions
Pen. Code Sec. 188 (Definition of Malice): Malice may be express (with intent to kill) or implied (with circumstances that show an abandoned or malignant heart)
Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:
(1) he or she intentionally committed an act;
(2) the natural and probable consequences of the act were dangerous to human life;
Jury Instructions
(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;
AND (4) he or she deliberately acted with conscious disregard for human life
Jury Instructions
CALCRIM 2302 Possession for Sale of Controlled Substance:
(1) The defendant unlawfully possessed a controlled substance (which can include possession with a valid perscription);
Jury Instructions(2) The defendant knew of its presence;
(3) The defendant knew of the substance’s nature or character as a controlled substance;
(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;
Jury Instructions
(5) The controlled substance was amphetamine (Adderall), a controlled substance;
AND (6) The controlled substance was in a usable amount
Jury Instructions
Direct Evidence
Circumstantial Evidence
Page 17 and 18
Jury Instructions
CALCRIM 2302 Possession for Sale of Controlled Substance:
(1) The defendant unlawfully possessed a controlled substance (which can include possession with a valid prescription);
(1) The defendant unlawfully possessed a controlled
substance...prescription;
Did Rae Concha possess Adderall?
Yes, Rae Concha had a prescription for Adderall for his/her ADHD
Jury Instructions
CALCRIM 2302 Possession for Sale of Controlled Substance:
(1) The defendant unlawfully possessed a controlled substance (which can include possession with a valid prescription);
Jury Instructions(2) The defendant knew of its presence;
(3) The defendant knew of the substance’s nature or character as a controlled substance;
(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;
(2) The defendant knew of its presence;
Officer Robin Doherty: bracketed information on page 24
Alex Weaver informed Officer Doherty that Rae kept drugs in his/her SUV
Exhibit A and B
Jury Instructions(2) The defendant knew of its presence;
(3) The defendant knew of the substance’s nature or character as a controlled substance;
(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;
Jury Instructions(2) The defendant knew of its presence;
(3) The defendant knew of the substance’s nature or character as a controlled substance;
(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;
(3) The defendant knew of the substance’s nature or character as a
controlled substance;Officer Robin Doherty: Rae said, “Jason just couldn’t keep up with addy.”
Rae Concha has been prescribed Adderall for the treatment of ADHD since 10th grade (3 years of use) page 35 “I’ve read about the side effects of Adderall when I got my prescription.”
Jury Instructions(2) The defendant knew of its presence;
(3) The defendant knew of the substance’s nature or character as a controlled substance;
(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;
Jury Instructions(2) The defendant knew of its presence;
(3) The defendant knew of the substance’s nature or character as a controlled substance;
(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;
(4) When the defendant possessed the controlled substance, (he/she) intended
to sell it;
Officer Robin Doherty saw Rae Concha buying Ziploc bags
Exhibit A and B
Alex Weaver’s accounts of Rae Concha “handshake” dealing
Jury Instructions(2) The defendant knew of its presence;
(3) The defendant knew of the substance’s nature or character as a controlled substance;
(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;
Jury Instructions
(5) The controlled substance was amphetamine (Adderall), a controlled substance;
AND (6) The controlled substance was in a usable amount
(5) The controlled substance was amphetamine (Adderall), a controlled
substance;
Officer Robin Doherty recognized the pills found in Rae Concha’s car as Adderall (Exhibit A and Exhibit B)
Dr. Ricki Sanchez testifies to the most likely cause of death being Adderall
Jury Instructions
(5) The controlled substance was amphetamine (Adderall), a controlled substance;
AND (6) The controlled substance was in a usable amount
Jury Instructions
(5) The controlled substance was amphetamine (Adderall), a controlled substance;
AND (6) The controlled substance was in a usable amount
AND (6) The controlled substance was in a usable amount
Officer Robin Doherty found one bottle with 62 pills and another with 21 pills; each pill was 20 mg
Jury Instructions
(5) The controlled substance was amphetamine (Adderall), a controlled substance;
AND (6) The controlled substance was in a usable amount
Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:
(1) he or she intentionally committed an act;
(2) the natural and probable consequences of the act were dangerous to human life;
(1) he or she intentionally committed an act;
What is the murder “weapon”?
Adderall
Did Rae Concha intentionally give Jason Johnson, Adderall?
Alex Weaver’s testimony about their “handshake” exchanges
Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:
(1) he or she intentionally committed an act;
(2) the natural and probable consequences of the act were dangerous to human life;
Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:
(1) he or she intentionally committed an act;
(2) the natural and probable consequences of the act were dangerous to human life;
(2) the natural and probable consequences of the act were
dangerous to human life;
Dr. Ricki Sanchez’s testimony to the danger of the general use of Adderall
Dr. Sanchez’s testimony to the danger of Jason Johnson’s use of Adderall
Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:
(1) he or she intentionally committed an act;
(2) the natural and probable consequences of the act were dangerous to human life;
Jury Instructions
(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;
AND (4) he or she deliberately acted with conscious disregard for human life
(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;
Alex Weaver and Rae Concha testify to having knowledge of Jason Johnson’s heart problem
Rae Concha testifies to knowing the dangers of Adderall (page 35)
Rae Concha “I knew what Adderall could do to someone’s heart.”
Jury Instructions
(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;
AND (4) he or she deliberately acted with conscious disregard for human life
Jury Instructions
(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;
AND (4) he or she deliberately acted with conscious disregard for human life
AND (4) he or she deliberately acted with conscious disregard for human life
Rae Concha “I knew what Adderall could do to someone’s heart.”
Defense
We need to punch holes in the prosecution’s argument
Unfortunately, they have a pretty solid case, so we must dig deep and be creative!
Officer Robin Doherty Sole job was to find the source of drug dealing
Didn’t mention that Alex also had a blue backpack for much of the year (pg 23)
Didn’t investigate anyone else
The Adderall that Jason took could have come from someone else
Alex Weaver
If he/she knew of Jason’s condition, why didn’t he/she warn anyone?
Was a member of “Double Trouble”
Admitted to taking Adderall
Expelled from another school
Not trustworthy
Principal Riley McAlister
Alex vs. Rae - confirmation bias (page 29)
“Oh, no” can be interpreted as - someone broke into my car again
Dr. Ricki Sanchez
Can testify as to what killed Jason Johnson
Cannot testify as to where the Adderall came from
Rae Concha“I think I know where I can get some.”
Car was broken into
Alex and Jason fighting
Counseled others on drug and alcohol abuse
Clean record
Avery Perkins
Alex is “on” something
Jason was a good kid until Alex showed up
Rae was always hard working
Dale Piper
Sees Rae Concha regularly
Rae Concha is dedicated to community service
Ziploc issue
Never appeared to be under the influence of alcohol or any drugs
Dr. Casey Burke
It wasn’t the Adderall
Alcohol was enough to cause arrhythmias in Jason Johnson