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People vs. Concha

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.

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People vs. Concha

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  1. People vs. Concha • University High School Mock Trial

  2. Jury Instructions • Pen. Code Sec. 188 (Second Degree Murder): Murder is the unlawful killing of a human being with malice aforethought

  3. 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)

  4. Jury Instructions • CALCRIM 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;

  5. 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

  6. 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);

  7. 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;

  8. Jury Instructions • (5) The controlled substance was amphetamine (Adderall), a controlled substance; • AND (6) The controlled substance was in a usable amount

  9. Jury Instructions • Direct Evidence • Circumstantial Evidence • Page 17 and 18

  10. 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);

  11. (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

  12. 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);

  13. 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;

  14. (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

  15. 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;

  16. 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;

  17. (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.”

  18. 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;

  19. 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;

  20. (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

  21. 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;

  22. Jury Instructions • (5) The controlled substance was amphetamine (Adderall), a controlled substance; • AND (6) The controlled substance was in a usable amount

  23. (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

  24. Jury Instructions • (5) The controlled substance was amphetamine (Adderall), a controlled substance; • AND (6) The controlled substance was in a usable amount

  25. Jury Instructions • (5) The controlled substance was amphetamine (Adderall), a controlled substance; • AND (6) The controlled substance was in a usable amount

  26. 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

  27. Jury Instructions • (5) The controlled substance was amphetamine (Adderall), a controlled substance; • AND (6) The controlled substance was in a usable amount

  28. Jury Instructions • CALCRIM 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;

  29. (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

  30. Jury Instructions • CALCRIM 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;

  31. Jury Instructions • CALCRIM 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;

  32. (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

  33. Jury Instructions • CALCRIM 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;

  34. 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

  35. (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.”

  36. 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

  37. 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

  38. 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.”

  39. 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!

  40. 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

  41. 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

  42. Principal Riley McAlister • Alex vs. Rae - confirmation bias (page 29) • “Oh, no” can be interpreted as - someone broke into my car again

  43. Dr. Ricki Sanchez • Can testify as to what killed Jason Johnson • Cannot testify as to where the Adderall came from

  44. 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

  45. Avery Perkins • Alex is “on” something • Jason was a good kid until Alex showed up • Rae was always hard working

  46. 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

  47. Dr. Casey Burke • It wasn’t the Adderall • Alcohol was enough to cause arrhythmias in Jason Johnson

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