Guns don t just go off

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Owen Burns
5 years ago
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1 Guns don t just go off

5 Fulton County District Attorney s Office Atlanta Judicial Circuit Clint Rucker Seleta Griffin Adam Abbate Cara Convery

6 The Defense of Accidental Discharge What does Accidental Discharge mean to YOU? How does the law define Accidental Discharge? How do you defeat the Accidental Discharge defense at trial? Insert sound clip

7 STARTS WITH THE INVESTIGATION Work closely with your Police Department Thoroughly process the scene Photograph and Video Record the scene Scans of the scene for 3D recreation of the scene Measurements of the scene Blood splatter Luminol Testing GSR (objects, hands, clothing) Muzzle to target test

8 STARTS WITH THE INVESTIGATION Begin thinking about how to recreate conditions To put jurors at crime scene Insert case law use for jurors in car with gun**

9 Scan of scene

10 Scan of scene

11 Scan of car

12 INVESTIGATION CONTINUES Collect evidence Financial records Phones (records, texts, content)** s Detailed Witness statements Who, what, when, where, and why Record Re-interview Witnesses to interview (bring your investigator every time!) Change up the interview locations, scene, office, home

13 MOTIVE Determine the motive Victimology Relationship between all involved parties Dynamics of relationship Prior history Infidelity or Financial Pre-post death status Children and other marriages

14 MOTIVE motive allows admission of evidence outside the actual shooting WATCH FOR: defense injecting good character into the case early Opening statements Questions to witnesses

15 MOTIVE Clip of ACP soul mate portion of opening

16 FORENSICS What story do the forensics tell you? How does the science of what happened tell the story? Trajectory *critical in accidental discharge claim* Bullets Gun itself Injury to victim Condition of the scene

17 DEATH BY MOTIONS Motions for bond Modifications Revocations Motions in limine Motions to suppress Mid trial briefing Mid trial motions to suppress Motions for directed verdict

18 404B

19 DEATH BY MOTIONS Everything becomes a story Preparation pretrial and mid trial Jury charge conference Misdemeanor Invol v. Felony Invol

20 PRESENTING TO THE JURY

21 PREPARATION IS EVERYTHING 24/7 Knowing all your witnesses and the defense Understanding the timeline Practice runs of EVERY critical stage of the trial Opening, direct outlines, closing points, demonstrative executions, cross examination points, researching defense experts and sometimes you own

22 WE ARE ABOUT TO GO INTO BATTLE!!!

23 Insert meme of lawyer with bad fact

24 VOIR DIRE Educate Identify potential bias/leaning WATCH FOR: exposure to the media Issues to look for with potential jurors Listen carefully to defense attempts to rehab Learned a lot about their approach to the evidence Nick name your jurors

25 VOIR DIRE Video of rehabilitation attempt Clip of bill rankin podcast re: jury selection?

26 OPENING STATEMENT Outline roadmap Tell the story Storybook life Start strong AND end strong Practice, practice, practic Use of demonstratives Identify weaknesses before defense can highlight *take the sting out*

27 STATE S CASE 70 witnesses called Introduce theme/theory Establish a timeline

28 DON T LEAVE MEAT ON THE BONE!!! 4:24 AM THERE S NO SUCH THING AS A 15 MINUTE WITNESS!!!

29 NO CELL PHONES ON THE TABLE!!! CARA GET OFF THE TWITTERS!!!

30 STATE S CASE INSERT IMAGE OF ALL OUR WITNESSES

31 FORENSIC S STATE S CASE ZACHARY WEITZEL ASSISTANT MANAGER FIREARMS SECTION GBI

32 THIS REVOLVER

33 DEFENSE CASE Prepare cross examination as a team Categories of questions Use in your favor Utilize state experts to be EXTRA prepared for cross of defense expert *ask for Court s permission to have experts observe testimony of defense expert* Case cite

34 DEFENSE CASE Inflict a few critical injuries on your opponent Don t need to destroy everything they say Anticipate tactical moves and prepare accordingly Sudden defense rest

35 CLOSING Divide and conquer Why we are team split your closing Law Facts Weave in argument throughout Remember your theme and the tone of your opening statement Start strong AND end strong

36 CLOSING Watch your time! CARL! and time man Abbate Use of demonstratives and critical images from the trial Review testimony **if media case think about using images online**

37 THE LAW

38 Intentional vs. Accident

39 INTENT Intent is an essential element of any crime and must be proved by the State beyond a reasonable doubt. Intent may be shown in many ways, provided you, the jury, believe that it existed from the proven facts before you. It may be inferred from the proven circumstances or by acts and conduct, or it may be, in your discretion, inferred when it is the natural and necessary consequence of the act. Whether or not you draw such an inference is a matter solely within your discretion. Criminal intent does not mean an intention to violate the law or to violate a penal statute but means simply

40 INTENT Consider conduct: Before During After

41 ACCIDENT No person shall be found guilty of any crime committed by misfortune or accident in which there was no criminal scheme, undertaking, or intention (or criminal negligence). An accident is an event that takes place without one's foresight or expectation, that takes place, or begins to exist, without design. If you find from the evidence in this case that the incident that is the subject matter of this case occurred as a result of misfortune or accident and not as a result of a criminal undertaking or criminal negligence, then it would be your duty to acquit the defendant. When the issue of accident is raised, the burden is on the State to negate or disprove it beyond a reasonable doubt. Any evidence as to misfortune or accident should be considered by you in connection with all of the other evidence in the case. If in doing so, you should entertain a reasonable doubt as to the guilt of the accused, it would be your duty to acquit. On the other hand, should you believe from the evidence as a whole that the defendant is

42 ACCIDENT Misfortune or accident in which there was NO criminal scheme, intention or criminal negligence Happens without foresight or expectation Malfunctioning Gun Example: Exploding tire

43 HOW DO WE KNOW THE SHOOTING IS INTENTIONAL The science The gun The motive The conduct before The conduct after The defendants own words The crisis management OPENING, IN QUESTIONS, IN CLOSING

44 FELONY MURDER A homicide is committed in the carrying out of a felony when it is committed while engaged in the performance of any act required for the full execution of the felony. You must also find that the underlying felony was itself inherently dangerous to human life, either because it was dangerous per se or because, by its circumstances it created a

45 FELONY MURDER A person also commits the crime of felony murder when, in the commission of a felony, that person causes the death of another human being with or without malice. NO MALICE REQUIRED Intent to commit the underlying felony is all that is required. AGGRAVATED ASSAULT is the underlying felony in this count.

46 FELONY MURDER If you find that the defendant committed the homicide at the time he was engaged in the commission of the felony of aggravated assault with a deadly weapon, then you would be authorized to find the defendant guilty of murder, whether the homicide was intended or not.

47 INVOLUNTARY MANSLAUGHTER A person commits involuntary manslaughter when he unintentionally causes the death of another by the commission of the crime of reckless conduct. A person commits the crime of reckless conduct when he causes bodily harm to another by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm and this disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the it ti

48 INVOLUNTARY MANSLAUGHTER The shooter does not have any intent to kill Example: texting and driving Reckless but NOT intentional This killing is not Involuntary Manslaughter You have evidence of Defendant s INTENT Verdict Form: NOT GUILTY

49 INVOLUNTARY MANSLAUGHTER Why misdemeanor involuntary manslaughter does not apply: Cook v. State, 249 Ga. 709, 712 (1982) ( defendant who handles a gun in such a way as to accidentally cause the death of another human being, albeit without any intention to do so, has necessarily committed the misdemeanor of reckless conduct, [OCGA (b) ], and is not, therefore, engaged in the commission of a lawful act and is not entitled to a charge under [OCGA (b) ] ) State v. Springer, 297 Ga. 376, 379 (2015) ( Reckless conduct is an act of criminal negligence, rather than an intentional act, that causes bodily harm or endangers the bodily safety of another )

50 Juror Questions DELIBERATIONS Tip: don t lock your knees Possible Deadlock Can jurors get in the car? Gentry v. State, 236 Ga. App. 820, 824 (1999), Dixon v. State, 303 Ga. App. 517 The Allen Charge Law on pattern Federal Pattern We gave a hybrid

51 Dynamite Charge You have now been deliberating for a considerable period, and it is time for me to talk to you about the desirability of agreement, if possible. This is an important case to everyone involved. The trial has been costly in terms of time, effort, money, and emotional strain to both the defense and the prosecution. If you fail to agree on a verdict, the case will be left open and may have to be tried again. There is no reason to believe that the case can be tried again by either side any better or more exhaustively than it has been tried before you. It is the law that a unanimous verdict is required for any count of conviction. If a substantial majority of you are in favor of a conviction, those of you who disagree should reconsider whether your doubt is a reasonable one since it appears to make no effective impression upon the minds of the others. On the other hand, if a majority or even a smaller number of you are in favor of an acquittal the rest of you should ask

52 Dynamite Charge Each of you should listen to the arguments of the other jurors with a disposition to be convinced by them. If you differ in your view of the evidence, the difference of opinion should cause you all to scrutinize the evidence more closely and to reexamine the grounds of your opinions. Your duty is to decide the issues that have been submitted to you if you can conscientiously do so. In conferring, you should lay aside all mere pride of opinion and should bear in mind that the jury room is no place for taking up and maintaining, in a spirit of controversy, either side of a cause. You should bear in mind at all times that, as jurors, you should not be advocates for either side. Of course, if the evidence fails to establish guilt beyond a reasonable doubt, Defendant must have your unanimous verdict of Not Guilty.

54 THANK YOU!

The defendant has been charged with second degree murder. 1. Under the law and the evidence in this case, it is your duty to return

The defendant has been charged with second degree murder. 1. Under the law and the evidence in this case, it is your duty to return PAGE 1 OF 14 NOTE WELL: If self-defense is at issue and the assault occurred in defendant s home, place of residence, workplace or motor vehicle, see N.C.P.I. Crim. 308.80, Defense of Habitation. The defendant