2008 Delaware High School Mock Trial Competition

Transcription

2008 Delaware High School
Mock Trial Competition
State of Delaware
v.
Linn Pauling
February 22-23 & 25, 2008
New Castle County Courthouse
Contact Information:
Mock Trial Office
Delaware Law-Related Education Center, Inc.
301 Market Street, Wilmington, DE 19801
Phone: 302-778-0643
Fax: 302-658-5212
www.delrec.org
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STATEMENT OF FACTS
Linn Pauling is charged with controlled substances homicide for allegedly providing
methamphetamine to Ronnie Reilly, a teenaged friend. Reilly was found dead after a fire which it
is alleged was started by a meth lab located in a cabin on a remote lake. The fire started during a
party and sleepover attended by a group of young people. The cabin is jointly owned by three
families: The Pauling family is one owner, the Reilly family is another and the third owner is
Chance Peters, who is not available to testify. The autopsy report, which will be a stipulated
exhibit at trial, indicates that the victim died with a fatally toxic level of methamphetamine in his
system.
Remnants of a meth lab were found during the investigation following the fire. Pauling, a
chemistry whiz who was accepted at MIT but delayed admission for one year in order to help
her/his parents pay for medical treatment for a younger sister injured in a car accident, denies
manufacturing or distributing methamphetamine. Pauling will admit that s/he learned how to
make meth, as did her/his entire class, when her/his high school chemistry teacher was
conducting a drug education seminar during Drug Abuse Awareness Week at school.
Based on evidence recovered by Detective Samantha/Sam Stone, Pauling was arrested and is
awaiting trial.
Was this defendant wrongly ensnared in the war on drugs, or is the defendant a scheming,
manipulative drug dealer, selling meth to make money for a family burdened by medical bills?
Both the prosecution and the defense are ready to proceed in the matter of The State of Delaware
vs. Linn Pauling.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR KENT COUNTY
STATE OF DELAWARE,
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Plaintiff,
v.
LINN PAULING,
No. Cr 08-13-101
Crime:
Controlled Substances
Homicide
Defendant.
GRAND JURY INDICTMENT
THE GRAND JURY CHARGES:
COUNT 1: That on or about the 13th day of August 2006, in Kent County, Delaware, the
above-named Defendant did traffic a controlled substance in violation of Delaware Code
Annotated Section 30-31-20 to wit: methamphetamine to Ronnie Reilly, who subsequently used
the said controlled substance and which use resulted in his death, contrary to Delaware Code
Annotated section 30-2-10.
The names of the witnesses upon whose testimony this Indictment is based are as follows:
Samantha/Sam Stone
Kasey Acres
Sydney Reilly
I hereby certify that the foregoing Indictment is a true bill.
APPROVED:
Anthony Gonzales
Anthony Gonzales
FOREMAN
November 12, 2006
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR KENT COUNTY
STATE OF DELAWARE,
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Plaintiff,
v.
LINN PAULING,
No. Cr. 08-13-101
Crime:
Controlled Substances
Homicide
Defendant.
STIPULATIONS
1.
For purposes of this mock trial problem, it is stipulated that the Delaware Code
Annotated includes Section 30-2-10: Controlled Substances Homicide.
2.
All documents and exhibits included in the problem are authentic and accurate in all
respects; no objections to the authenticity of the documents or exhibits will be
entertained.
3.
The signatures on the Witness Statements and other documents are authentic.
4.
The following may be testified to by any witness, without the need for foundational
witnesses, even though they might be otherwise objectionable.
a.
The medical examiner's findings.
b.
Records recovered from Linn Pauling's home.
c.
Results of forensic testing of chemicals and chemical residue on various items of
evidence.
d.
Insurance records related to the cabin.
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WITNESSES AND EXHIBITS
The following witnesses shall be called by the parties.
FOR THE PROSECUTION
FOR THE DEFENSE
Detective Samantha/Sam Stone
Linn Pauling
Kasey Acres
Jayce Johnson
Sydney Reilly
Donna/Donald Mathis
The following exhibits may be used by teams in competition.
They are pre-marked and are to be referred to by number as follows:
EXHIBIT NUMBER
EXHIBIT DESCRIPTION
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Map Of Area To Cabin Site
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Diagram Of Cabin And Environs
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Written Statement From Vin Fleming
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Autopsy Report
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"Crib" Sheet
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Incident Report
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Excerpt Of Soccer Policies
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Résumé Of Donna/Donald Mathis, PhD
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Insurance Declarations Page
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STATEMENT OF DETECTIVE SAMANTHA/SAM STONE
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My name is Samantha/Sam Stone. I am a detective with the Kent County Sheriff’s Department,
currently assigned to the Regional Drug Task Force. I have been employed by the KCSD for 13
years. I have worked narcotics and drug cases since I began as a patrol deputy, and I have been
working drug cases as a detective for ten years. I was one of the founding members of the
Regional Drug Task Force, which began in the year 2002. The RDTF is a federally funded task
force that has members from several law enforcement jurisdictions – federal, state, and local –
working together on large scale drug operations confronting our region. It was formed
specifically to address the methamphetamine problem, although we also attack any other drug
issues facing our region. Meth just happens to be the most notorious right now, and is
unfortunately one of our region’s biggest drug problems.
I can cite three reasons for the popularity of meth in our county. First is our proximity to West
Virginia. Some of the precursor chemicals, primarily ephedrine, have been imported into our
state from West Virginia at an alarming rate. Much of that ephedrine is on its way to "superlabs"
in California, but much of it also remains in our area and makes its way to the local meth
producers. Many of these producers help import the ephedrine and take a portion as payment.
The second reason meth is so popular in our area is that we are fairly rural, and meth production
takes place in many isolated, rural spots. The final reason is that there is a large metropolitan area
– Wilmington – nearby, which has a college and many young people. Meth, particularly crystal
meth, is known as a party drug and its use among young people has risen dramatically.
Before our task force was created, our county had the largest number of meth labs in the state of
Delaware for five years running, from 1997-2001. National statistics for that period weren’t very
reliable but it is generally accepted that the mid-Atlantic U.S. was ahead of the rest of the country
in this developing problem. In fact, in 2003, Blaze magazine did a piece on meth production in
America and labeled the city of Foxboro, a town in rural Kent County, as "The Meth Capitol of
America." It was a major public relations blow to our region, which relies heavily on tourism.
Our task force was created to put a dent in the problem, and I can say with some satisfaction that
we are slowly accomplishing our goals. We have dropped to second in meth lab interdiction
statewide since 2002, and have remained in second place ever since.
I have significant experience in investigating cases of methamphetamine production and
distribution. In my 13 years working with the sheriff’s department, I have been involved in some
capacity on approximately 700 cases involving the manufacture of meth. As a detective, I have
been lead investigator on approximately 300 of these cases -- whether they involve manufacture,
distribution, or possession with intent to distribute. I have been on site at approximately 500
meth labs of various sizes and am very familiar with the processes used to manufacture the drug.
I have attended trainings specific to meth production, including a week-long, DEA-sponsored
event. During that training we actually produced meth, from beginning to end, using the two
most commonly known methods -- the Birch reduction method and the Nazi method. I have also
attended a two-week arson and fire training which was specifically focused on fires related to
methamphetamine production and chemical fires. I am certified to determine the cause and origin
of chemical fires. I have been to approximately 30 meth-related fires, have been able to form
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opinions on the cause and origin of the fires in each of them, and have testified to those opinions
on multiple occasions.
Scene call out and case investigation:
On August 13, 2006, I was called at approximately 8:00 AM to respond to a possible meth lab
fire. I arrived on the scene at approximately 9:30 AM. It took me a while to find the place – it is a
remote mountain cabin in the far western section of Kent County, well into the woods on Silver
Lake. There are about four cabins dotted around the lake in the woods. You would never know
the cabins are there unless you know they are there, if you know what I mean.
By the time I arrived at the cabin, the fire had been nearly extinguished. The Kent County
Volunteer Fire Company had done an excellent job keeping it from starting a huge forest fire.
When I arrived, the fire company was still on the scene putting out some of the burning embers.
They had set up a command post at the base of the road leading to the cabin and would not let
anyone enter. Our office assumed control of the command post and remained in charge of the
roadway for the next several days. Two young people were just leaving the command post in an
ambulance on their way to Bayhealth Hospital. Both had respiratory problems. Fire Chief Lane
told me the kids had been sitting on a log when her crew arrived. One of them had called 911
from a cell phone at 5:14 AM. I stopped the ambulance long enough to get their names. They
said their names were Kasey Acres and Jayce Johnson. I said I would be by the hospital later to
take formal statements.
While talking to them initially, both appeared to have been drinking. Their eyes were red, which
they said was from the smoke, and I could detect just the faintest smell of alcohol on their breath
when they spoke. I asked them both if they had been drinking, but they both said they had not. I
considered making them take a portable breath test, but I could see they were both coughing and
the ambulance medic said they had both experienced some smoke inhalation. They seemed
reluctant to take the tests when I suggested it, but I had no legal basis to force them, so I let it go.
I could not be positive that either one of them was actually drunk, although I had my suspicions,
particularly of Jayce Johnson.
After meeting these witnesses, I approached the cabin area. I was wearing a respirator because
the air was quite noxious. The firefighters showed me some anhydrous ammonia canisters they
had found, half-buried in a pit by a stream. The containers were potentially too volatile to
remove, so I simply noted their location. This was as close to the cabin as I got that day. By late
morning on August 13, the firefighters had completely contained the fire. I remained on scene
while they removed the body of Ronnie Reilly from the cabin. The body was charred beyond
recognition. The medical examiner’s office, which had a vehicle on site, took custody of the body
for forensic examination. The fire department felt the scene was too volatile for me to conduct a
walk-through at that point. We made a joint decision to wait until the morning of August 15 for a
full scene walk-through. This also allowed me time to gather a decontamination team. They had
already cleared the other three cabins around the lake of any residents and declared the scene offlimits. I took the ammonia canisters into evidence, set up an officer at the base of the road
leading to the cabin, FS 1956, and cleared the area.
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Cabin walk-through
On August 15, 2006, at approximately 2:00 PM, I conducted a walk-through of the scene. Due to
the substances firefighters had initially observed, I called out the Delaware State Patrol
Hazardous Response Team and the Delaware State Department of Ecology Clandestine Meth
Lab team. I drew a sketch of the scene from that day.
The cabin was a one storey wooden structure with two bedrooms, a bathroom, and a great
room/kitchen on the main floor. The cabin had a small loft, about the size of half a room, above
the kitchen. The loft had a small window overlooking the deck. Access to the loft was via a
wooden ladder that could be lifted up into the loft for privacy. The house was attached to a
carport and the carport was attached to a small shed. The shed appeared to be the point of origin
of the fire and was where we discovered the meth lab. The house was completely gutted by fire.
Ronnie Reilly’s body had been found in the center of the kitchen; the loft had collapsed during
the fire. The house itself contained numerous empty liquor bottles which were strewn about the
inside and outside of the cabin. I counted __ vodka bottles, three rum, and ninety-seven beer
cans. These were charred and blackened by soot, but I was able to determine that all had been
opened (the beer can tops had been popped and the bottles were opened), and there was no
alcohol in them at the time of the fire. Inside the kitchen, 16 inches from Reilly’s body, I found a
small metal pipe. Based upon my training and experience I immediately recognized the pipe as
the kind used to smoke controlled substances such as crack cocaine and methamphetamine. I
took custody of the pipe and logged it into evidence. Based on its proximity to the body of
Ronnie Reilly, and the statement of Kasey Acres, I did not submit the pipe for a forensic
examination, including fingerprints or for controlled substance residue. I also knew that heat
from a fire will destroy oils left by fingerprints, and consume any drug residue. As a result, I
concluded such tests would be a useless exercise.
After walking through the house, we examined the carport, which had collapsed onto a 2005
Ford Mustang convertible with Delaware license plates and an EZ-rentals sticker on it. The car
itself was filled with ash, soot, and burned lumber from the carport. Firefighters opened the trunk
of the car and located two bags labeled "Newport Beach High." The bags contained
miscellaneous clothing, tourist trinkets (1 jar of canned green chile and a Roswell alien shot
glass), and a soccer MVP trophy labeled: "Eastern All-Star Tourney, 2006 MVP." The bags were
waterlogged and smoky but we collected them as evidence. Several weeks later, I asked Kasey
Acres if s/he wanted them back and s/he declined, except for the trophy.
The shed became the main focus of my investigation. The examination of this area was carefully
conducted, beginning on the afternoon of August 15. Remember that I had closed FS 1956 on
August 13 and positioned a sheriff’s deputy at the bottom of the road to prevent access. We did
not have a deputy positioned at the cabin itself, however, due to the extremely hazardous nature
of the scene.
The shed was processed as follows: We brought in a small backhoe that began to carefully
remove debris from the inside of the shed. The shed had completely collapsed onto itself. After
removing the roof and supporting frames, we proceeded to carefully lift out pieces of debris. This
was a slow process and took the entire afternoon; we broke that evening and returned the next
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morning to complete the processing. We carefully documented the location of each significant
piece of evidence. Each piece of evidence described below was blackened by soot and had
obviously been through a fire.
Inside the shed, I found several items associated with a meth lab. Along the north wall of the
shed were the remains of a workbench. Around the workbench I found a separatory funnel, a hot
plate, and a bottle of anhydrous ammonia. I also found several glass jars and the remains of
rubber tubing and piping. In a box beneath the workbench I found several dozen lithium
batteries. In the southwest corner, I found the remnants of a black plastic garbage bag containing
several hundred blister packs of ephedrine tablets. Inside the same bag I found the burned
remnants of a vacuum-sealed bag containing a white residue; when submitted to the lab, it tested
positive for ephedrine. If filled, this bag would have held an estimated one kilogram of
ephedrine. The remnants of the sealed vacuum bag had a red sticker and the word "Red" written
in magic marker on it. In a metal cabinet in the northeast corner of the shed, I found the
following: a box of rubber gloves, a box of coffee filters, four glass vials, a triple beam balance
scale, and a one gallon jug with a charred label reading "Tincture of Iodine." On the bottom shelf,
I located two zip-lock bags with numerous burnt, wadded coffee filters. I submitted these filters
for testing also, and they were found to contain residue of methamphetamine. Filters like these
are common at meth labs.
In the northwest corner of the shed I found a canister of anhydrous ammonia and a five-gallon
bucket half-filled with rock salt. Also in the metal cabinet I discovered the charred remains of a
handwritten note with the name "Biker Don" and a phone number. I later ran this phone number
and discovered it belonged to Don Reno, a notorious biker gang member living in Crystal Point.
Based upon the items we found at the scene during the fire investigation, it is my definite opinion
that the fire was caused by an active methamphetamine lab that caught fire. The area most badly
charred was around the workbench, indicating that this area was the likely source of the fire.
As I walked around the scene, I noted that the canisters of anhydrous ammonia had been removed
from near the stream. I believe the firefighters took them for safekeeping, but I have not been
able to confirm that or to locate them. I also noticed that the shed was right next to the stream,
which flowed into Silver Lake. The HazMat team tested the stream waters and found a high
concentration of toxicity to the water. They then tested the lake water and found the same result.
Based upon my own training and experience, the toxicity levels of that stream would have
required months to build to those levels. It is my opinion that the waste from methamphetamine
production has leached into the soil and stream waters and into the lake. We decided to shut
down the entire lake and its drainage basin, probably about five hundred acres. The lake was a
popular fishing spot, and now fish are dying in it and floating onto shore. All four lake cabins
have been closed since the accident. It has been an environmental disaster.
Additional investigation
In the days after the fire, I conducted additional follow-up investigation. I usually work with a
partner but he was on vacation and, due to budget cuts, there was no back-up. I had to proceed
alone on this case.
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On August 14, I visited Bayhealth to interview Kasey Acres and Jayce Johnson, but both of them
had checked out. I went to the Johnson residence, but found no one home, so I left my card at the
door with a message stating that the two needed to come in and give a statement.
On the morning of August 15, I attended the autopsy of Ronnie Reilly at the Kent County
Medical Investigator’s Office. The MI’s report, which was written a few weeks later and which I
have reviewed extensively, showed the cause of death to be acute methamphetamine
intoxication. This was based upon two factors: first, the level of methamphetamine in his blood
was toxic -- 5.95 mg per liter of blood. Second, the ME determined that Ronnie had no smoke
particles in his lungs, meaning he was not alive at the time of the fire.
On August 16, I obtained a search warrant for "Biker Don" Reno’s residence in Crystal Point.
Due to safety concerns, we waited until the early morning hours of August 17 to execute the
warrant. We found methamphetamine and pseudoephedrine in the residence, along with one Vin
Fleming, whom we arrested. During a post-arrest statement, Fleming provided additional details
about Linn Pauling and her/his involvement in methamphetamine manufacturing, including
saying that he had been to the Pauling’s cabin to buy meth with Biker Don. While he did not see
Pauling on that occasion, he did see a blue Ford Bronco parked outside, and it was the only
vehicle in sight.
Sometime later, I asked Fleming to show us that he could actually locate the cabin where he said
the meth had been purchased. Fleming did have some difficulty with this because we did get lost
several times. You have to remember that Fleming is a long-term meth-head and that lifestyle
causes not only a loss of teeth and body mass but also a loss of cognitive functioning.
Based on the evidence recovered at the cabin and the information provided by Fleming, I
obtained a search warrant for the residence Pauling shared with her/his parents and sister. This
warrant was served on August 19. During the execution of this warrant, we recovered a four
wheel drive blue Ford Bronco registered to Linn Pauling. In the back of the Bronco was a pair of
snow chains and a large Igloo brand cooler. Inside Pauling’s bedroom we found several
chemistry books and assorted pay stubs from a local restaurant, Guadalajara.
Inside Pauling’s closet we found some snowshoes and a safe. We broke into the safe and found
$18,650 in US currency. Following this search, I obtained a subpoena for Pauling’s work records
to determine how much time s/he had spent working and how much money s/he had made. The
records showed income of approximately $10,000 for the year 2006, up to August 12. I also
recovered several medical receipts for patient Lucy Pauling at Kent County Physical Therapy
Associates. These receipts showed cash payments totaling $6,480 for physical and occupational
therapy bills, all for the year 2006. We did not find any other medical receipts for past years.
In the weeks that followed, I attempted to contact Kasey Acres several times, without success.
Finally, on September 14, s/he went in to the Newport Beach, California, police station. Acres
had an attorney present for reasons that are unclear to me. In any case, s/he gave me a statement
over the phone. S/He offered new information that s/he hadn't provided during the interview in
Delaware, saying that s/he had heard Reilly talking with someone on the night of the fire. The
other person said two things Acres remembered which were "Hey, whose car?" and "Nice
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parking job."
I then obtained a voice exemplar from Linn Pauling, in which I had her/him say, "Hey, whose
car?" and "Nice parking job." I asked three other detectives from my unit to also repeat those
same lines. I contacted Acres by telephone and played all four voices to her/him. S/He identified
the voice of Linn Pauling as the one s/he had heard at the cabin in the early morning hours of
August 13. Immediately upon hearing Pauling’s voice, Acres excitedly said, "That’s the voice!"
Acres was very agitated and emphatic at this recognition. Acres said s/he was 85% sure Pauling’s
was the voice s/he heard on the night of the fire.
I also recovered evidence from the parents of the victim, Ronnie Reilly. A small metal pipe was
recovered, as was a “crib sheet." The metal pipe was submitted for testing, and the Delaware
State Crime Lab examined the residue found on the pipe and determined that it contained
methamphetamine. I have examined the crib sheet provided by the Reillys, and recognize it as a
set of notes commonly used by drug buyers and dealers to keep track of drug debts. I also
examined the email messages sent between Reilly and Linn Pauling. The language in the
message is coded, but based on my experience and training in the ways of drug subculture I know
the following:
"Hit the sack" means to do drugs.
"A quarter" is a quarter ounce of methamphetamine.
"Not for loners" means that a quarter ounce of meth is too big a quantity for one person to ingest
at one time.
"Two large" can either mean two hundred or two thousand dollars.
Sometime last winter one of the cabin co-owners -- a Chance Peters -- brought in a bag of
ephedrine he said he found at the cabin. Now I can see what it was doing there, but I had no idea
what it meant at the time. Ordinarily I would have followed up, but budget cuts prevented me
from doing so. Besides, Chance promised to contact us immediately if anything else developed.
We heard from him two or three more times, and I know he gave me some notes that he said he
found on the door to the cabin. I placed those in the evidence room at the station, but when I
looked for them recently, I couldn't locate them.
During my investigation, I obtained a title history and insurance documentation on the cabin. The
title history showed that the cabin was purchased in 1989 for $58,000. I understand that during
the years since it was purchased, significant improvements have been made. I contacted
Delaware State Equity Insurance and obtained a copy of the policy on the cabin. The residence
was insured against loss by fire, flood, earthquake damage, and other acts of God, for $250,000
in the event of total loss. I have reviewed the policy, which indicated that no payment would be
made in the event that the loss was the result of intentional unlawful acts committed by the
property owners or their agents, family members, or guests.
I don't know where Vin Fleming has gone, and it's a shame because he could tell you himself
about seeing Pauling's blue Ford Bronco up at the cabin when he went there with Uncle Don.
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And, I know some people are saying that it was someone besides Pauling who had a drug
operation going in that shed, but that's not true at all. It was Pauling; I'm certain of it.
WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add. The material facts are
true and correct.
Signed,
Samantha/Sam Stone
SAMANTHA/SAM STONE
SIGNED AND SWORN to before me at 8:00 AM
on the day of this round of the 2008 Delaware Mock Trial Competition.
Molly Johnson Giger
Molly Johnson Giger, Notary Public
State of Delaware
My Commission Expires: November 1, 2008
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STATEMENT OF KASEY ACRES
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My name is Kasey Acres, and I'm 17 years old. Today is September 14, 2006, and I am writing
this statement in the offices of the Newport Beach Police Department in California, following a
phone interview with Detective Stone. My father’s attorney, Sandy Cohen, is present with me. I
live in Newport Beach, California, where I am a senior at Newport Beach High School and cocaptain of the varsity soccer team. I can’t even believe I’m here. I don’t know how I got to be a
witness in this case – believe me, life in Orange County is much different than life in Kent
County, Delaware. I guess I better just tell the story.
I was in Delaware during the second week of August 2006 for a Eastern US all-star soccer
tournament. I was playing for the Southern California Starz all star team. It was a four-day
tournament, and I was with my team staying at the Kentmore Inn. The tournament ran from
August 7 to August 11. Our team came in second, losing 2-1 in a shootout to the Arizona
Daredevils. Even though we lost, I was named tournament MVP.
My relatives, the Johnsons (my Aunt Betty and Uncle Don), live in Crystal Point and I was going
to visit them after the tournament. I was eager to get back to Orange County, but my parents
insisted on my staying at least one night and visiting my cousin Jayce Johnson. My dad and my
aunt Betty are brother and sister, but they had a falling out years ago over some financial debt -- I
guess my aunt borrowed some money from my dad and never paid it back or something. They
don’t talk much, but when this tournament came up I guess my dad decided I could act as the
family mediator. My parents arranged for a car rental while I was here, and rented a convertible
Mustang for me.
I drove out to Crystal Point on the morning of August 12, when the rest of my team headed to the
airport. It was actually a nice summer day, kind of like what we see in Newport year round. I
stopped at the local gas station and was filling up the tank when I ran into my cousin, Jayce. I
hadn’t seen her/him in about five years, which was the last time her/his family visited us in
California. Jayce looked surprisingly normal. I followed her/him home to visit with my Aunt
Betty.
I spent that afternoon with Aunt Betty, looking at picture albums. You know, doing the usual
family visit stuff. At some point during the conversation, Jayce mentioned that Ronnie
somebody-or-other was having a lake party. I like to party and figured it would be like our parties
in Newport, so I was all in favor of it. I had to stay for dinner and see the rest of the family
anyway. Around 8:00 PM, Jayce and I left for the party with me driving the convertible. We
stopped in town to get some snacks and drove on to the lake. I have heard that Jayce says I
stopped to get beer. That is completely untrue. I didn’t ask anyone to get beer, and I definitely
didn’t drink and drive.
The party was further than I thought -- I thought it would be right outside of town -- and we
didn’t get there until about 9:30 PM. There were about ten cars there, which seemed like a small
group to me. For some reason, no one had parked in the carport, right next to the house, so I took
that spot. My friends tell me I am the luckiest person they know, and I thought this was just a
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little of the Kasey Acres luck getting the valet parking spot. Little did I know.
There were about a dozen people at the cabin -- not much of a party. Plus, they were all a bit
older than me – college kids mainly. They were much different than the people I usually socialize
with, to be honest. They were talking about computer equipment and computer games and techie
stuff. I thought the party was going to be much bigger, the way Jayce had talked about it.
Everyone was standing or sitting on the deck, where there was an open fire going in one of those
fire pits.
I went for a walk by the lake; it was quiet and peaceful, but it smelled kind of weird -- like dead
fish or something. Most of the other people were hanging out on the deck of the cabin drinking
beer. I met Ronnie Reilly, the kid who died, out on the deck. Ronnie obviously knew Jayce, but
acted surprised Jayce had come. Ronnie was one of the weirder ones. He was very fidgety, and he
kept asking when LP was going to show up. He said stuff like, "Has anyone heard from LP
lately?" and "LP was supposed to be here." Things like that. I met several other people but I don't
remember any of their names. I mean, it's not like I ever planned to see any of them again.
By midnight, I was dead. I guess playing in the tournament caught up with me, because when I
thought about driving back to the Johnson’s I knew I was actually too tired to drive. You know a
friend of mine had nearly been killed driving home from a party late at night when he was too
tired to drive, so I never do that. Besides, Jayce wanted to stay, so I grabbed a pillow from the
couch and went to sleep out on the dock by the lake. I know everyone thinks we’re prima donnas
in Orange County but I’m used to sleeping outside.
I lay down on the dock, but the music was still going and people were talking, so it was hard to
get to sleep. Finally, a couple cars left and around 1:00 AM, things quieted down and I fell
asleep. I woke about an hour later, around 2:30 AM, when I heard voices coming from the shed,
next to the carport. What really got me was someone asking, "Hey, whose car?" I heard Ronnie
Reilly’s voice, which I recognized from earlier, saying, "Some kid from LA or somewhere." The
other voice said, "Nice parking job." I later listened to what Detective Stone told me was a "voice
exemplar," and the other voice I heard, besides Ronnie’s, was Linn Pauling’s. I don’t recall what
percentage certainty I gave it then, but now I would say I am 95% sure of that.
I got up on one elbow and saw that the light was on in the shed. I could see two people moving
around in there, and I could hear voices, but they were muffled. They were in there for about
three minutes, when curiosity got the best of me. I just had to see what was going on. I walked up
near the shed but I couldn’t see inside because the windows were so dirty. I could hear what
sounded like a gas burner going, you know, like a "pfft" sound. There was an awful ammonia
smell that almost gagged me, it was so bad. In fact, I nearly hurled.
I was about to head back to the dock when the door opened, and the two people walked outside.
They were whispering, and I couldn’t hear a lot of what they were saying. I did hear the voice
like Linn Pauling’s say, "This batch should be done by about 5:00 AM. I’m going to crash until
then, but after that I have to get home." I hid behind a tree until they went past me, then I snuck
back to the dock.
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From there, I saw one of the figures go inside the cabin. The other sat in a chair on the deck and
lit a pipe or something. I could see the tiny flicker of light from the pipe. It was definitely Ronnie
Reilly, I could tell from his profile, lit up by the fire on the deck. I watched Ronnie smoking for
about 15 minutes. He was out there smoking from a pipe the whole time. Finally I fell asleep. I
woke up at about 4:30 AM, when I heard people yelling "fire!" I looked up and saw that the shed
and carport were engulfed in flames.
My first thought was the car -- my parents were going to kill me about that car. I ran up to the
house and found Jayce, who had just run out on the deck. Jayce said we needed to get out of there
but that Ronnie was still inside. I saw two other people run out of the house coughing and
hacking. They said, "This place is gonna blow!" They ran to their cars, jumped in and took off
like maniacs. I wanted to get out of there too, but my car was on fire. We were stuck. Also, from
the deck I think I saw a blue Ford Bronco peel out super fast and head down the road, but I didn't
see who got into that car.
The air was really bad, and the smoke was thick and smelled totally nasty. It was some kind of a
chemical smell. We ran down the driveway and got as far from the smoke as we could, but we
couldn't stop coughing. We waited on a log until the firefighters arrived about 15 minutes later,
and we kept coughing the whole time. They took us to their command post at the bottom of the
road. I was actually really impressed with how fast they got there and how professional they
were.
Detective Stone got there a little bit later and started questioning Jayce and me. Stone asked me if
we’d been drinking, and s/he was very professional about it. Our eyes were red, but that was
from lack of sleep and running through smoke, not drinking. I refused to take the portable breath
test the Detective asked me to take -- my brother told me never to take those because they’re
unreliable. We were taken to the Bayheath Hospital for an exam. The hospital took a blood test,
but on the advice of their lawyer my parents have refused to allow my medical records to be
released for this trial.
I had to catch a flight home, so I left Delaware without giving a formal statement. When I got
home my parents had me meet with the family attorney to give a statement about the rental car.
By that time, my parents had also heard from my Aunt Betty that my cousin Jayce was telling a
lot of stories about my supposed drinking. Those statements are absolutely not true. This year is
my big year, and I’m hoping to play Division One soccer next year. I have campus visits this fall
to USC, UCLA, and UC-Santa Barbara. Our coach has a firm policy against alcohol, so if he
found out, I could get suspended from the team or lose my captain spot.
There’s no way I’d risk that by drinking at some loser party with a bunch of geeks I didn't even
know. My parents are already ticked at me about the rental car. I think Jayce is making this stuff
up in order to get back at my dad, which is particularly rotten because it’s Jayce’s family who
owes my family money.
At the scene I did not tell the whole truth about what I had seen. I told Detective Stone we had
gone to the cabin for a barbecue, it had gotten late, and we decided to spend the night. I said
nothing about seeing Reilly smoking or hearing Pauling’s voice.
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I’ve also heard Jayce say that I’m bragging about this at school. Not true. I did call Jayce about a
week after I got home, when my attorney told me what Jayce was saying about my drinking. I
told Jayce to stop spreading that stuff around, and I said I’m glad to be back in a real city. I did
say that the only good thing that’s come out of this is I have a pretty amazing story to tell -- I did
not call it a "good story." It’s not a good story, it’s a tragedy. When the other kids at school
found out I witnessed a "meth murder" in Delaware, everyone wanted to hear the whole story.
I’ve told them what happened. I have not made anything up.
WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add. The material facts are
true and correct.
Signed,
Kasey Acres
KASEY ACRES
Molly Johnson Giger
State of Delaware
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STATEMENT OF SYDNEY REILLY
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My name is Sydney Reilly. and I am 46 years old. I live in Crystal Point and have five children.
They are Rebecca, who is 15, Scout, age 17, Rudy, age 18, and Sam, age 21. Ronnie would have
been 20 this December, but for the tragedy at the cabin. I love my kids very much, and I want
what’s best for them. We live in a dangerous world -- very dangerous. I don’t think it’s a stretch
to say that the End Days are near, what with terrorism, nuclear proliferation, wars,
overpopulation, plus all the natural disasters we've seen here and around the planet. I have
protected my kids every chance I could, just like any parent. I home school them. I know who
their friends are and what they are up to. We eat only organic foods, and we discuss current
events and how to keep ourselves safe. Ronnie’s death has just made our entire family redouble
our efforts toward safety.
My wife/husband and I own a spyware store in Wilmington, called "Whodunit?" It’s the largest
spy store in the northeast. We also do a thriving Internet business. We sell surveillance
equipment for homes, businesses, and private detectives -- our inventory includes hidden
cameras, covert wireless cameras, wireless closed circuit televisions, nanny cameras, digital
surveillance equipment, night vision optics, sweep and debugging equipment, vehicle tracking
equipment, plus a lot more. You name it, we have it or we can get it. We also install. Our
business has done very well during the last ten years, especially since 9/11. We’ve been able to
provide for our family, and we live in a nice home, too.
To understand what happened to Ronnie, it helps to understand our family a little bit. Our oldest,
Sam, is at Del Tech Terry Campus and is likely going to take over the spy business. Sam was
always easy -- staying close to home, and obeying our every rule. He still lives at home and has
never slept over at anyone else’s house. He hasn't been away from us for even a single night -not even once in 21 years. It’s how we hoped to raise all our children.
Ronnie was a different story: always the rebel, always pushing the limits at home. Ronnie led the
other kids in the search for our hidden cameras -- he almost always found them too, except for
the last ones. Ronnie began pushing us about his going away to college, as soon as he graduated
high school. Since he was our second, and Sam had stayed home, we didn’t really have a full
understanding of the dangers that are out there. The most we would allow was for Ronnie to go
to the University of Delaware to study business.
We should have known something was wrong when he changed his major to philosophy midway
through freshman year. He was living in the dorm, and so he came home only occasionally.
Things seemed basically okay, but you could tell he was drifting away from us. Then when he
came home for summer, you could really see something was wrong. Ronnie’s eyes were sunken,
he had lost about 15 pounds, his skin was pale and yellow, and he would stay awake for days and
then sleep for a full day. It was not until after he died that we learned he was addicted to
methamphetamine. We couldn't believe it, especially after all we had done to keep him safe.
I’ve had surveillance cameras in my kids’ rooms ever since they were born. That’s just how we
are in our family – I’m not ashamed of wanting to keep my kids safe, I’ll tell you that. Plus, as a
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business owner, if I didn’t use the products I’m selling, who would trust me? It just makes good
business sense. The kids know the cameras are there -- at least some of the cameras anyway. We
usually install the latest product line when they come out, without telling the kids. Then every so
often they will try to find what we’ve installed. It’s like a game of cat and mouse, and it helps our
business because we know where the weaknesses are in the equipment and the installation. Our
kids are like those kids who test the latest computer games on X-Box and Playstation, only they
test surveillance equipment. Once they find a hidden camera, they try to block it with cardboard
or paper or something else. Once it’s blocked, we know we need to go back to the drawing board
for a more secretive camera location. It’s fun for all of us because it makes the kids feel like they
are part of our business. As for the privacy issue – it’s not like our kids don’t have any privacy at
all – they go outside when they need to talk to each other in private. Plus they can always talk on
the phone. Privacy laws, which by the way I think are ridiculously strict, don’t allow us to tap the
phones in our own house, but that's another subject.
We have five computers in our house. The two adults each have our own, and the kids have three
to share among them, which they use for schoolwork, e-mail, internet research, and all the other
things kids need computers for. Two of theirs are set up in the family room, which is right off the
kitchen in a heavy traffic area. The other is in the bonus room, which is on the second floor near
all of the kids’ bedrooms. The family room is an open room that is accessible to anyone coming
into our home. The bonus room is more private; it is heavily used by the kids but not really by us
or by visitors.
We don’t allow the kids to have computers in their own bedrooms, which I think is standard
practice for any responsible parent nowadays. Also, we did give Sam and Ronnie each a laptop
when they started college. When they are home, they're free to use their laptops in any room,
except when they are on the internet. In our house, to get on the internet, they need to plug their
laptop into one of the computer outlets in either the bonus room or the family room because only
the adults in our home are network administrators for the family computers. That is because all of
the family computers are linked together and connected to the main server which is kept under
lock and key in a panic room. The panic room is a sealed room off our bedroom. Even if
someone brings a laptop into our home, if they want to be online, they must do so by going
through our network.
I also have digital recorders on the kids’ computers. These devices record the internet access of
whoever uses that computer. When our kids log on, they have to use a login name and password,
and we monitor who uses the computer. As a backup, my spouse and I installed hidden cameras
with micro-zoom capacity pointed at each computer screen used by the kids. These cameras
provide a live video feed into my office, so I can sit at my desk and observe what the kids are
doing on the computer, just like I’m standing next to them and looking over their shoulder. It’s
no surprise to the kids, believe me. I’ve been doing it for years, and they know they’re being
watched. They don’t mind. If they want privacy, they go to the library. We installed the most
recent cameras in April 2006. They were the very newest technology available, early 2007
models. They're wireless, but with the capacity for a live video feed. And, for being so small,
they have amazing resolution at the micro-zoom capacity.
I made my observations on the August 11 and 12. The fire was the 13th, so this was essentially
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the day before the fire. It was late, after midnight. I’m in bed by 10:00 PM most nights, but that
night I just couldn’t sleep. I was sitting at my desk, going over the books and next year’s product
line when I heard some movement. I knew it was one of the kids because otherwise our alarm
system or the dogs would have alerted us to a break-in. I forgot to mention it earlier, but we have
two bull mastiff guard dogs. Their names are Thor and Athena, and they roam the outside
grounds at night. They are trained to alert to and to attack intruders. I didn’t want to yell out and
ask who it was, so I flipped on my video feed to the bonus room. It was Ronnie.
He was looking around the room, picking up things, staring at the wall. I am certain he was
looking for our hidden cameras. In fact, I thought he had found the one I was using -- he walked
right up to the lens, staring into it. Then he tapped on it. Then he walked away. He must have
thought he found one though, because he taped a Monopoly board over our framed photo of
President Bush, which was bolted to the wall. That’s an old trick of ours: we bolt up our
paintings and other wall decorations so the kids can’t look behind them to see if there’s a camera
installed. Anyway, Ronnie sat down at the kids’ desk and began working on his laptop. He
opened up his email account and emailed someone. I zoomed in and was able to read that Ronnie
was corresponding with Linn Pauling, and I could see what they were writing to one another. As
I monitored their email exchanges that followed, I was appalled. From what I recall of the
messages, I was sure they were discussing a drug deal. I couldn’t believe it.
Earlier, Ronnie had asked to use our car to go to our cabin for a party Linn Pauling was hosting;
her/his folks own the cabin with us and Chance Peters. When we lived in Wilmington, we used
to spend many a weekend up there, but after we relocated to Crystal Point, we rarely went to the
cabin. Ronnie had said Linn was having people over, but I heard later -- I think from Jayce's
mom -- that it was Ronnie who had invited people to the party. Ronnie initially said Linn and
some other friends from school would be there. We discussed it and reluctantly said yes. We
don’t know Linn Pauling very well but we do know Linn’s parents and know they are good
people, so we said Ronnie could go. Ronnie had never been allowed to go to many parties while
living under our roof, but since he was in college, we decided we really had no good argument to
keep him home. I guess we were wrong.
The e-mail conversation was about the party, and I've written out from memory what they were
saying:
Ronnie: "Hey LP, what time you gonna be at the party? Remember when I’m emailing, I’m POS
so watch yourself."
Linn: "I’m there by 11"
Ronnie: "I plan to hit the sack early tonight. I’ll want to play quarters."
Linn: "Playing quarters with this is not for loners. It is also two large if you are the player. Money
from your hand to the next."
Ronnie: "Is the ice ready?"
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At that point, Linn said "Let’s switch to IM, OK."
I’m not sure why Linn wanted to change to instant messaging, but I didn't care. It's all the same to
me and my spy camera. I kept watching. Ronnie then repeated his question about the "ice" and
Linn immediately shot back: "O the ice is nice on Silver Lake this time of year. It’s thick now
and will be thicker just as soon as I can crank up my old Bronco and speed on out there. You can
skate all night." Ronnie replied: "Kewl -- C U there" and signed off.
I had heard methamphetamine was called "ice," so I did a quick internet search and sure enough,
ice is basically another word for meth. Well then I couldn’t sleep because, of course, my mind
was racing from wondering what they had been talking about. Ronnie was in one of his sleeping
phases and had gone to bed, but I wound up tossing and turning all night.
I waited downstairs until 7:00 AM, when my wife/husband left for work. Then, I couldn’t wait
anymore, so I went into Ronnie’s room and woke him up. I told him what I had seen on the
computer. He was upset, of course, and immediately yelled, "I knew it! I knew you were spying
on me! Where was it? Where was the blankety-blank camera?" I couldn't believe the language!
Ronnie ran into the bonus room and started throwing things around. He kept yelling, "Where is
it? Where is it?" I tried to get him to calm down, but he just wouldn’t. He asked why I "snoop"
on everyone in the family. We argued back and forth for almost an hour; we woke up the rest of
the kids, and it got pretty ugly. Finally I told Ronnie that he wasn’t going to the cabin for the
party, and he just lost it, crying and calling me names. I walked out of the room to give him some
time to calm down, but the next thing I knew, he had loaded up his backpack, including his
laptop, and left the house. That’s the last time I ever saw Ronnie alive.
After the fire, I searched through the kids’ bedrooms more carefully. I found a drug pipe and a
small baggie of crystals with Ronnie’s belongings. I turned these things over to Detective Stone,
who informed us the drugs were methamphetamine. I also found some handwritten notes that
Detective Stone told me was some kind of "crib sheet," indicating drug debts. I have seen the list
marked as Exhibit 5 and it is the crib sheet I found. Among the names on this paper were the
initials LP and the number – 350. LP had some dates and numbers next to the initials:
6/19 - 100, 6/26 – 110, 7/10 – 100, and 7/24 – 40. These were all days we took family outings
and Ronnie had stayed home. He must have met Linn Pauling while we were gone.
I am devastated; even just thinking about this makes me tear up. I know I did the right thing
trying to stop Ronnie from using drugs, but I never wanted his and my last words to each other to
be said in anger. His laptop was destroyed in the fire, so my memory is the only record of that
conversation between Ronnie and Linn. I’ll never forget it.
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WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add. The material
facts are true and correct.
Signed,
Sydney Reilly
SYDNEY REILLY
Molly Johnson Giger
State of Delaware
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STATEMENT OF LINN PAULING
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My name is Linn Pauling. I am 21 years old and a resident of Wilmington, Delaware. I live with
my mother and father and my younger sister, Lucy, who is now 11 years old and paralyzed from
the waist down as the result of a car accident four years ago, when she was seven and I was just
learning to drive. We are a very close family, and we look out for each other. My dad is a
hardworking businessman who owns two video rental stores in Wilmington. My mom works at
the stores when she is not taking care of my sister. My sister is in the second grade at Prairie
Middle School.
I have always been good at the sciences: math, chemistry, biology. Even with all my family
problems during the last few years, I still received the highest grades during junior and senior
years in AP Chemistry, AP Physics, and calculus. I finished with the fourth highest GPA in my
senior class and won the senior class science award. I got a scholarship to MIT but I was allowed
to delay entry one year. I asked to do that so I could help raise money for my sister. I wanted to
help pay for a nurse and tutor while I’m away at school. I was told it would cost about total of
$40,000 a year. Since graduating high school, I have been working two jobs, three really. I work
as a waiter at a local restaurant called Guadalajara. I also work nights waiting tables for special
events at the Coronado Club, at the top of the WSFS Bank building. I also help out part time at
my parents’ video stores, whenever I can fit it in. I never go clubbing and I hardly ever hang with
my friends.
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I have managed to squirrel away $25,000 since graduating high school. Even though I make a lot
of money, I’m not real good at keeping records. I understand that my work records were
subpoenaed in order to determine how much money I make. I agree that the amounts noted by
The accident happened during the middle of the winter, when she was in first grade. She missed a
year and a half of school because of it. She repeated first grade and is now in second grade, and
it’s been really tough on her -- she is three years behind the kids who used to be her friends, and
they all look at her like she’s a leper or something. The accident has affected our entire family
and changed the way we live. My dad, as a small business owner, had tried to lower his operating
expenses by cutting back on insurance coverage. Now my sister’s medical expenses have nearly
bankrupted our family.
I want to say something about the accident because there are a lot of rumors out there, and I want
to set the record straight. Yes, I was driving when the accident happened. Yes, I didn’t put a
booster seat in the car for my sister, but not because I forgot, it’s because the booster seat was in
my parent’s car and my mom had the car and she was at work. It was wintertime, February. There
was black ice on the roads. My mom called from one of the video stores and said the battery was
dead, and she couldn’t get a hold of my dad. I put Lucy in the back seat and headed for the store.
I was turning onto Central when we spun out. I never saw the black ice. We were still spinning
when we were slammed by a delivery truck and smashed into a phone pole. I heard Lucy
screaming. I still hear the screams -- when I pass that intersection, or when I’m driving alone at
night, or when I’m alone in bed. I will never let my sister down again. I know it’s not my fault,
but I feel responsible, and I will make sure I don’t let her down again.
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Detective Stone sound mostly right: For the year 2006, I worked 40 hours a week at Guadalajara,
making $7 per hour, which would be about $8960. I do make great tips sometimes, too. I also
averaged about ten hours per week at my parents’ store, making $10 an hour there. That comes
up to approximately $3,200 from January to the end of August 2006. At the Coronado Club, I
only work about ten hours a month, also at $7 an hour, which would be around $560.
I know some people are suspicious of the money in my safe, but you show me a waiter or
waitress who declares every penny they earn. I know several people who have earned at least as
much as I have. Plus, I don’t take a vacation, I don’t go out, and I don’t spend any money. I work
hard, it is honest work, and that is the truth.
Yes, I learned how to make methamphetamine in AP chemistry during senior year. So did
everyone in class. I remember the class -- I barely paid attention because we weren’t going to be
tested on it, and I really didn’t care that much. I didn’t even take any notes. You can look at my
notebook page from that day– nothing. I remember something about pills, batteries, and Nazis.
That’s about it. It wasn’t even a huge deal until a parents group got out of control and went nuts
and got our teacher in trouble. Then everyone assumed we were all taking copious notes and
salivating like we couldn’t wait to make our own pile ‘o meth. Please. My parents were cool
about it -- they knew I'd never do that. They had bigger things to worry about; besides, they
trusted me.
Ronnie Reilly and I have known each other since we were kids. We were not friends or anything
like that growing up, but we knew each other. Our families shared the cabin together, but our
families traded time there, since it was so small. I got to know Ronnie better the last year before
he died, when he was at the University of Delaware. I’d see him from time to time at
Guadalajara, where I was waiting tables, and we’d talk. Ronnie seemed to be coming out of his
shell, since getting away from his kooky family. A couple days before the fire, Ronnie invited me
to a small gathering at the cabin. He said there’d be drinking there, and asked me if I was OK
with going to a party where there’d be alcohol. I did not have a problem with it.
The cabin Ronnie mentioned was originally owned by Chance Peters’s parents. Then Chance, my
parents and the Reillys went in together and bought the cabin. Chance is sort of the caretaker. I
guess he has also had to deal with some break-ins at the cabin and even found some bags of
ephedrine there. I never saw anything like that when I was out there, although our family hasn’t
really gone there much since the car accident. It’s not like it was fun for any of us to go up there
and be reminded every second that Lucy couldn’t go hiking or swimming or anything. I know
they paid $58,000 for the cabin, but Chance has made a ton of upgrades over the years. My
parents once showed me the policy, and I'm pretty sure it said there was $250,000 in coverage on
the cabin. That seems understandable what with all the improvements that have been made.
Anyway, on the day before the fire, I did exchange some emails with Ronnie Reilly. I was going
to try to make it to the cabin that night. I’ve seen Sydney Reilly’s account of our conversation,
and I think I can explain it all. The discussion was about drinking alcohol. We were discussing a
drinking game called "quarters," which you play with a group of people. The game is played by
bouncing a quarter into a small glass. If you miss, you drink. If you make it in, you pick someone
else to drink. That is why I said the game is "not for loners." That was also a little joke, because I
had always told Ronnie I thought he was a bit of a loner growing up. The next line, where I write,
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"two large," I meant to write that the game is "too large." I meant that as a joke, because if
Ronnie was playing, the game would so be over Ronnie’s head: he’s been totally out of the social
scene all his life. "Money from your hand to the next" means you have to rotate players – the
quarter goes from one player to the next.
I was really tired so I kept the conversation short. Ronnie had also told me in the past that his
nosy parents monitor all his emails, and I figured each email got copied to their hard drive when
it was opened. IM’s are different. As I understand it -- and I don’t know too much about
computers -- they just flash on the screen and then disappear forever, never getting saved to
anyone’s hard drive. I know they're saying we were talking about meth, but that's just plain
wrong.
I went to bed after our conversation. That day August 12, I had the day off work. My parents left
town that morning for a weekend getaway, which I had forgotten about when I told Ronnie I
would be at the party. I was supposed to bring an ice chest up there to keep all the cold drinks
cold but I just wasn’t able to.
Instead, I spent the day watching my sister Lucy. I took her to her physical therapy appointment.
Then we went to the YMCA pool and spent the afternoon. Her doctor had told me pool visits are
good therapy for her. Then I took her to dinner and brought her home. We watched a movie, and
she fell asleep by about 9:00. I carried Lucy to bed and then went to bed myself. Obviously I
couldn’t go to the party. I wouldn’t ever leave my sister home alone for a night. So that’s all that
happened that night. I was nowhere near Silver Lake on the night of August 12 or 13, and I have
not been up to our cabin in ages.
I do not know Vin Fleming, and I have never seen Vin Fleming before in my life. I also do not
know anyone named "Biker Don" Reno, or "Uncle Don," or Kasey Acres. Our cabin is out in the
middle of nowhere. Now that we never go there, I guess it's possible that somebody could have
been using the shed for a meth lab, but it definitely wasn't me.
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WITNESS ADDENDUM
Signed,
Linn Pauling
LINN PAULING
Molly Johnson Giger
State of Delaware
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STATEMENT OF JAYCE JOHNSON
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My name is Jayce Johnson. I’m 19 years old, and I’m in my sophomore year at Wilmington
College. This summer I was working an internship writing computer code for Megaware
computer company in Wilmington. I want to be a programmer for them when I’m done with
school.
I heard there was going to be a party at Ronnie Reilly’s cabin from some friends of friends. I
can’t remember their names. It was supposed to be a pretty big bash, but then I guess another
party popped up at the last minute and everyone went to that one. As usual, I was the last to hear
about it.
That morning, August 12, I was in town filling up my car when there was my cousin at the next
pump! I had not seen Kasey for about five years but recognized him/her from all the soccer gear
with Newport Beach labels on it in the back seat of the convertible. Plus, Kasey looks very
Newport Beach, so I knew immediately who it was. Kasey followed me home and we hung out at
my parents' house. I will say this, Kasey knows how to speak to adults – her/his conduct around
my parents is very different than it is around people our age. S/He acts very polite and diplomatic
around adults, but around people our age, s/he can be very rude and talks down to people and
about people.
When we were at home, my mom said she had heard me talking to Ronnie Reilly about a party at
their cabin. She suggested that Kasey join me at the party that night. I didn’t want to go to the
party in the first place, and I definitely did not want to have Kasey go along. Kasey immediately
wanted to go. While my mom was doing dishes Kasey said, "I’ve been playing soccer all week so
I need to blow off some steam." I tried to say it wouldn’t be any fun, that Kasey wouldn’t know
anybody, etc., but my mom put me in a tough spot. I didn’t really have an excuse to say no.
We left home around 8:00 PM. Kasey drove the convertible. The whole drive, Kasey kept talking
about how great the parties are in Newport and how even the best party in Kent County would be
nowhere near as good. I just listened to the radio and nodded my head. On the way, Kasey
wanted to stop and get some beer. I’m still underage, and so is Kasey. I wanted to get a snack, so
we stopped at a convenience store and I went in. While I was in the store, Kasey managed to
convince some guy to buy us a twelve-pack of beer. Kasey was driving so I couldn’t go
anywhere. We waited until the guy came out, and Kasey flashed that California smile and said
thanks.
The drive to the party took about 45 minutes – longer than usual because Kasey is so absent
minded s/he kept ignoring me when I said to turn. We drove many miles more than we needed to.
Plus Kasey was drinking the entire drive. By the time we got there it was about 9:00 and Kasey
was half drunk.
The party wasn’t much of a party, I have to admit. There were only about 15 people there, and I
didn’t know most of them. I recognized a few people that I had seen around town, but I don’t
know their full names, only first names -- Bob and Tom and Marty and Lori and Karen are the
names that come to mind. And Ronnie Reilly was there, of course. I have known the Reillys for
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several years. Ronnie has always been strange; in fact, the whole Reilly family is a bit off, with
their attack dogs and surveillance cameras. I used to play in the same sports leagues with some of
them as a kid, but their parents pulled all of them out of sports when their oldest boy, Sam, got
hit in the face with a baseball playing little league. Anyway, ever since Ronnie went to college he
has become a different person; several people have commented on that. He tried to become really
popular and become known as a partier.
Ronnie was very "hyped up" the night of the party. I would not say he was stranger than I’ve seen
him. I never heard him asking for "LP" or anyone like that. He was drinking a lot, as was
everyone. My cousin Kasey was checking out the crowd and kept drinking from the moment we
arrived. Kasey, I guess, decided to just get as drunk as possible. In fact, Ronnie, my cousin
Kasey, and a few other kids got involved in some drinking games -- they were pretty loud and
obnoxious. I had a beer or two, not much at all. By about 1:00 AM, Kasey was totally, stumbling
drunk. Then, to top it off, s/he wanted to drive home! I said no way. I knew if Kasey tried to
drive us home, we would be dead by the time we reached town. Besides, even if Kasey didn’t kill
us by driving drunk, then my parents would kill us. I offered to drive and Kasey said no way – I
wasn’t on the rental form and if I wrecked the car Kasey’s parents would be liable.
Finally we agreed to spend the night and drive home first thing in the morning, before my parents
woke up. Kasey refused to sleep in the house, saying it smelled funny, so s/he went out on the
dock. I used a couch inside and fell asleep. When I went to sleep there were three other people
there -- Ronnie Reilly and two others I didn’t know. They were outside on the deck playing card
games, smoking, and drinking.
After I had been asleep for about an hour, Ronnie came inside and climbed up into the loft,
which was above the kitchen. The loft had a ladder that went up to it, and when he got into it, he
pulled the ladder up and that was the last I saw of him. I would have considered sleeping up there
myself, but I don't care for heights that much.
I woke up around 4:15 AM to smoke and intense heat. I called up to Ronnie and tried to wake
him but there was no sound. After a few minutes I had to get out of there. I ran out to the dock
and had to shake Kasey awake, which took a couple of minutes. Finally, when Kasey was awake
I got Kasey’s cell phone and called 911. By this time the shed and carport were totally on fire and
the house was getting close. I told Kasey that someone was inside, and we had to get him out. I
ran to the house and threw rocks and sticks at the windows. While all this was going on, two cars
drove away from the house, leaving us there. By this time, the smoke was getting really thick,
and it smelled awful. Kasey and I ran down the hill as far as we could to get away from the
smoke and fumes. We were coughing and gasping for air.
I never saw Linn Pauling at the party, and I never heard Linn’s voice. I was completely sober that
night, unlike Kasey, and would have remembered anything like that. I know my cousin denies
drinking, but why would I make that up? It hasn’t helped the family situation, for sure. I don’t
know what kind of stories my cousin is spreading around Southern California but I’m sure that
Kasey Acres is the star.
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WITNESS ADDENDUM
Signed,
Jayce Johnson
JAYCE JOHNSON
Molly Johnson Giger
State of Delaware
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DONNA/DONALD MATHIS, MD/PHD
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My name is Donna/Donald Mathis. I am an MD/PhD, with a medical degree and a doctorate in
criminology. I am a retired medical examiner, work I did for 24 years. I worked in the New York
City Medical Examiner’s Office for 22 years. I was an assistant medical examiner for 20 years,
and then I became acting chief medical examiner for two years. I quit over a dispute with the
New York City Mayor, who at the time was Rudy Giuliani. Mayor Giuliani accused my office of
shoddy crime scene work, a totally untrue accusation. It got so silly that the Mayor’s Office was
demanding that I issue a public apology because my secretary had apparently put on my résumé I
was distributing that I had won a prestigious writing award for an exposé on a rival ME’s office.
Of course, it was Long Island Newsday that won the award, but they had relied heavily on my onand off-the-record assistance. I refused to apologize. Finally, the Mayor said he was going to fire
me, but I quit in protest. I moved to Los Angeles and worked as an assistant ME until I retired in
2003. As both assistant and chief medical examiner, I have testified in approximately 350
homicide cases. I have been asked to render opinions on cause of death, manner of death, body
positions during homicide, and the like.
After retiring, I moved to the Elsmere area and started my own consulting business, Forensic
Response, which offers crime scene response and advice to attorneys. My fees are $250 an hour
for consultation and a flat $1,500 per half day for trial testimony. I have consulted all over the
country, primarily for defendants in criminal cases. Although I have offered my services to
prosecutors, no one has taken me up on the offer yet. I have consulted in approximately 100 cases
since starting my business. My income has actually gone up a bit in retirement.
Last year I made over $200,000 in consultation and testimonial fees. My areas of testimony have
included blood spatter interpretation, crime scene reconstruction, toxicology, and firearms
trajectory. Several cases in which I have testified, somewhere less than ten, have involved
methamphetamine use. For example, a case in which I consulted last year involved a shootout at
a meth lab in which I was asked to determine bullet trajectory and the likely positions of the
victims based upon blood spatter. I don’t recall the nature of the other methamphetamine related
cases, but none of them involved fire.
In October 2006, I was contacted by attorneys for Linn Pauling to assess and review the case
investigation conducted by Detective Stone in this matter. I have reviewed all the witness
statements and the exhibits. My own assessment and subsequent opinion focused on three
specific areas, which were the actual crime scene investigation, whether or not a
methamphetamine lab had been located in the shed prior to the fire, and the cause of Mr. Reilly's
death.
I'll start with the crime scene investigation and just tell you that it was slipshod and haphazard in
the extreme. First, several crucial pieces of evidence were not submitted for fingerprint
examination. These include the pipe found inside the main cabin and each and every piece of
evidence discovered in the shed. In my experience, fire does not always dissipate latent
fingerprints left on objects. It depends on the heat associated with the fire and how close the fire
got to the particular objects in question. As a result, each of those items should definitely have
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been tested for fingerprints, if only to ascertain that there were no usable prints. Instead,
Detective Stone decided there were none. This is something that s/he had absolutely no way of
knowing without fingerprint analyses. Who knows what might have been discovered, if only this
very basic investigative technique had been employed.
Second, it is clear that Detective Stone did not adequately protect or preserve the crime scene
itself. A two-day delay in processing the scene, as occurred here, is wholly unacceptable and
certainly not within the norms of standard police operations. No one can say what crucial
evidence may have been lost, stolen or destroyed during those 48 hours. Furthermore, s/he did
not station anyone at the cabin to ensure that unauthorized persons did not enter the area to
destroy or tamper with evidence. Even a rookie knows better than to leave a scene unprocessed
and unprotected for two full days. It's really a no-brainer.
Finally, the delay in taking a statement from a crucial eyewitness like Kasey Acres is both
irresponsible and unprofessional. But that lack of professionalism is surpassed by Stone's failure
to ever take a statement at all from Jayce Johnson. Both Acres and Johnson should have been
questioned by a trained investigator at the hospital as soon as possible -- certainly on the day of
the fire, instead of days or weeks later or in the case of Johnson -- not at all! Acres changed
her/his story, and who knows what important details about that night were forgotten in the time
that passed between the incident and the interviews. I certainly wouldn't want my future to be
dependent upon the type of shoddy investigative techniques that were apparently in play here.
As for existence of a methamphetamine lab inside the shed -- my expert opinion is that no one
can possibly say to a reasonable degree of certainty that a meth lab actually existed inside that
shed. I base this on the fact that two days elapsed from the time of the fire to the time of the
search. It is true that the objects that were ultimately recovered were blackened and covered with
soot, but that could have happened after the fire during those 48 hours when no one was paying
any attention to the cabin or the surrounding area. I can only say once again, that there was very
poor crime scene containment.
Additionally, the cause of death cannot be determined to a reasonable degree of certainty. I do
agree that Mr. Reilly did have a toxic level of methamphetamine in his system, but that can't
necessarily be considered the cause of his death. Three salient points lead me to this conclusion.
First, Jayce Johnson reports seeing Ronnie climb a ladder into the loft. This suggests a level of
physical ability that could not likely be achieved with high levels of methamphetamine in his
system. Instead of being able to climb a ladder, he would likely have been incapacitated. While
drug tolerances and reactions vary widely, the levels of methamphetamine attributed to him
would have made it highly improbable that he would have had the capacity not only to climb the
ladder but also to then pull that ladder up into the loft behind him.
Second, the levels of methamphetamine found in his system could not have been reached in such
a short time after ingestion. The time of smoking, as reported by witness Kasey Acres, is believed
to be sometime between 2:30 AM and 4:30 AM. The time of death would have been around 5:00
AM, although that also cannot be determined with certainty. To achieve the levels of
methamphetamine in Mr. Reilly's system would require significantly more time because chronic
users of methamphetamine can build a tolerance. This means they need more to get high, and
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they may smoke on and off for several hours in order to get the high they're after. Thus, Ronnie
could have ingested methamphetamine earlier in the day. This would be consistent with the
reports from both Jayce Johnson and Kasey Acres that he was "hyped up" and acting strangely. If
he had smoked just a bit more methamphetamine earlier in the day, then he could have reached
the levels suggested.
Finally, it is entirely possible that Mr. Reilly was rendered unconscious by phosphine gas, which
is released during the production of methamphetamine and which wouldn't appear in his system.
In this way, he could have died before the fire, and before the methamphetamine he smoked
killed him. Remember, the autopsy showed there were no smoke particles in the lungs.
WITNESS ADDENDUM
Signed,
Donna/Donald Mathis MD, PhD
DONNA/DONALD MATHIS, MD, PhD
Molly Johnson Giger
State of Delaware
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EXHIBIT 1
MAP OF AREA TO CABIN SITE
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EXHIBIT 2
DIAGRAM OF CABIN AND ENVIRONS
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EXHIBIT 3
WRITTEN STATEMENT FROM VIN FLEMING
STATE OF DELAWARE
STATEMENT DATE
TAKEN BY
Detective Samantha/Sam Stone
08/17/06
PG
OF
1
1
I’ve been addicted to meth for three years, and I know just about all the meth cooks in town. I’ve
never bought from Linn Pauling directly but I know her/his reputation. S/He makes the best crystal
meth in town. No doubt about it -- Pauling has a great reputation among the tweakers in Crystal
Point. S/He gets high grade ephedrine and batches it up at the family cabin. I’ve been up to the
cabin once, in early summer of 2006. I went with Uncle Don to pick up some stuff. Uncle Don is
an ex-biker who used to deal meth around town until all this happened. I was crashing at Uncle
Don’s place -- he let me stay there -- rent was a case of pseudo a month. His old lady didn’t mind
STATEMENT
since I was quiet and mainly just watched TV, stole pseudo, and stayed out of her way.
Last summer, when Uncle Don drove up to LP’s cabin, I rode with Don and sat in the passenger
seat. It was way the heck out in the middle of nowhere. Real tough to get to, plus I was tweaking
the whole time. I stayed in the car the whole time and just hunched down, tweaking and listening.
Don and LP were yelling at each other for a while because LP was ticked that Don brought me
with him. I didn't actually see Pauling, but I did see a blue Ford Bronco parked at the cabin, and
there were no other cars around.
Finally, Don got the three eight-balls he went there to get and we left. Don would never let me go
back there, and I didn’t want to anyway; place gave me the creeps. I know the stuff Uncle Don got
was meth because I saw it, and I used some of it. Great stuff, exactly as advertised. Uncle Don got
busted a couple weeks later. When he bailed out, him and his old lady split town. I haven’t seen
them for a couple months.
Vin Fleming, 08/17/2006
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EXHIBIT 4
AUTOPSY REPORT
Reilly, Ronnie
OFFICE OF THE MEDICAL
INVESTIGATOR
STATE OF DELAWARE
DOD: 08/13/06
AUTOPSY REPORT - PAGE 1 OF 2
Date and Time of Examination:
15 August 2006, 0800 hours
External Examination
Clothing:
The following articles of clothing are on the body:
1.
An apparent blue long sleeve sweatshirt. The garment is extensively charred with
adherent portions of charred debris.
2.
An apparent pair of dark blue denim pants. The garment is extensively charred. In the
left rear pocket is a set of car keys.
General Description:
The body is that of a well developed, under-nourished apparent 19 year old male. The body
shows extensive thermal injuries to all surfaces of the body. There is extensive burned debris
present over the surfaces of the body. The length is estimated at 5 feet 10 inches and the weight
is estimated at 148 pounds. The body is otherwise well-preserved and shows the previously
described extensive thermal burns. Lividity is obscured by the extensive thermal injury.
Scars and distinguishing marks are obscured by extensive thermal injuries. No tattoos or needle
tracks can be identified. The appearance and condition of the body are consistent with the date
and time of death as August 13, 2006, at 4:30 AM.
External Evidence of Injuries:
There are extensive full thickness thermal injuries to all surfaces of the body. In addition, there
is extensive charring of the surfaces of the body. The head, chest, and extremities show full
thickness thermal injury.
Internal Examination:
The brain and organ systems were examined and appeared intact. No internal injuries appeared
to the organs.
The respiratory tract system shows little evidence of soot in the bronchi. Cut surfaces show no
evidence of natural disease or injury.
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Reilly, Ronnie
OFFICE OF THE MEDICAL
INVESTIGATOR
STATE OF DELAWARE
DOD: 08/13/06
AUTOPSY REPORT - PAGE 2 OF 2
Microscopic examination:
Microscopic examination of samples taken from the heart, lungs, liver, kidney, brain, and trachea
shows no significant diagnostic alterations.
Toxicology samples:
Blood and urine samples were taken for toxicology examination. Significant results of the
toxicology testing were 5.95 mg of methamphetamine per liter of blood.
Pathological Findings
1.
Full thickness thermal burns to the body surface with fractures of both upper and both
lower extremities
2.
Acute methamphetamine intoxication
Opinion
This 19 year old male was found dead in the charred remains of a rural residence. His death is
attributed to acute methamphetamine intoxication. The levels of methamphetamine found in the
blood are approximately twenty times the upper limit of therapeutic concentrations used to treat
narcolepsy patients, and ten times the average concentration in recreational drug users.
Secondary findings include thermal burns associated with a fire and fractures associated with a
fall sustained during the collapse of the residence. In view of the scene and the circumstances of
the death, the manner of death is classified as a homicide.
Maggie Gonzales, MD
Medical Investigator
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EXHIBIT 5
CRIB SHEET
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EXHIBIT 6
INCIDENT REPORT
OCCURRENCE DATE(S)
DATE REPORTED
CASE NO.
02/26/06
02/27/06
KCSD 47993
AGENCY/COUNTY
PG
TIME AND DAY OF WEEK
Crystal Point PD
Kent County SD
2
1
BURGLARY
GANGRELATED
UNK
UNK
ORIGINAL OFFENSE REPORTED
ORIGINAL VICTIMS NAME (LAST, FIRST, MIDDLE)
DATE OF BIRTH
Breaking and entering
N/A
N/A
LOCATION OF OCCURRENCE
FS 1956 (4 Lonesome Lane), Kent County, Delaware
OFFENSE/INCIDENT
STATUTE OR ORDINANCE
1. B & E (??)
TBD
FEL/MIS
OFFENDERS SUSPECTED OF USING
OFFENSE
ALCOH
DRUG
COMP
UNK
UNK
2.
SUBJECTS (VICTIMS/SUSPECTS/PERSONS/BUSINESSES)
3.
PERSON CODES V-VICTIM S-SUSPECT A-ARRESTED
G-PARENT/GUARDIAN W-WITNESS I-INTERVIEWED O-OTHER
R-REPORTING PERSON D-DECEASED M-MISSING PERSON/RUNAWAY
PERSON
CODE
INJURY
CODE
NAME (LAST, FIRST, MIDDLE)
524-886381
Peters, Chance
R
APT.
NUMBER
STREET ADDRESS
431 Main St NE
INJURY CODES L-SEVERE LACERATION T-LOSS OF TEETH
S-APPARENT BROKEN BONE M-APPARENT MINOR INJURY UUNCONSCIOUSNESS
I-POSSIBLE INTERNAL INJURY O-OTHER MAJOR INJURY N-NONE
SSN
DOB
AGE
(RANGE)
N/A
(
not applicable
)
ZIP CODE
BUS.. PHONE
Wilmington
DE
87109
(
APT.
NUMBER
STREET ADDRESS
STATE
ZIP CODE
INJURY
CODE
STATE
ZIP CODE
38
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GANG AFFILIATION
OCCUPATION/EMPLOYER
DOB
AGE
(RANGE)
SEX
GANG AFFILIATION
)
BUS.. PHONE
(
SEX
)
RES. PHONE
(
CITY
AGE
(RANGE)
)
SSN
APT.
NUMBER
STREET ADDRESS
DOB
BUS.. PHONE
(
PERSON
CODE
Retired
RES. PHONE
(
CITY
OCCUPATION/EMPLOYER
)
SSN
M
GANG AFFILIATION
STATE
INJURY
CODE
64
SEX
RES. PHONE
CITY
PERSON
CODE
01/29/42
)
OF
OCCUPATION/EMPLOYER
EXHIBIT 6, Page 2
STATE OF DELAWARE
UNIFORM INCIDENT
REPORT
OCCURRENCE DATE(S)
DATE REPORTED
CASE NO.
PG
OF
02/26/06
02/27/06
KCSD 47993
2
2
Chance Peters reports he discovered a break-in at the cabin he owns with two other families.
Cabin is located on FS 1956, also known as Lonesome Lane.
NARRATIVE
At premises were two large black gym bags, each containing 20 vacuum-sealed bags of white
powder. Also in the bag was a note saying: "two marked red stay at the ranch for Mr. Red; ten
marked blue go to Mr. Blue; eight marked green go to Mr. Green. bag two: marked purple, goes
long in a week. wait two days and call the chicken man. Peters says he took one of the vacuumsealed bags and a shotgun and tried to follow tracks in the snow leading away from the cabin, but
he lost the trail after about a mile or so. Upon returning to the cabin, both the gym bags were gone,
and there were tire tracks in the snow on FS 1956.
Peters turned in to me both the note and the vacuum-sealed bag, which tested positive as
ephedrine with a street value of approximately $10,000. Peters agreed to a lie detector test, which
he passed. I requested permission to set up surveillance cameras around the cabin, but Peters
refused.
SUPPLEMENTAL:
March 2006: Peters reports the cabin was broken into again and ransacked.
April 2006: Peters reports a note was stuck to the door that said, "You owe us ten large for the
package you took. We will contact you about where and when. Pay us or pay the consequences."
Peters gave the note to me, and I placed it in the evidence room.
June 2006: Peters reports another note was stuck to the door that said, "Burn Baby Burn." Peters
also gave me this note, which I also placed in the evidence room.
August 2006: During the investigation of the fire, I looked for the notes at the station, but they
apparently had been misplaced because I can't locate them.
DISTRIBUTION
SIGNATURE
Sam/Samantha Stone
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EXHIBIT 7
EXCERPT OF SOCCER POLICIES
NEWPORT
BEACH
HIGH
Newport Beach High maintains a zero-tolerance policy regarding the
use, possession or sale of controlled substances. The use, possession or
sale of any controlled substance, on or off the soccer field, is strictly
prohibited.
A controlled substance is any narcotic drug, hallucinogenic drug,
amphetamine, barbiturate, marijuana, alcoholic beverage or intoxicant of
any kind.
Documented incidents will result in immediate ejection from the team
and debarment from future participation as a member of the team.
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EXHIBIT 8
RÉSUMÉ OF DONNA/DONALD MATHIS, MD, PHD
5141 SIRINGO RD
ELSMERE, DE
302-555-3777
[email protected]
EDUCATION
University of Maine, BS, Forensic Science, 1965 - 1969
University of Pittsburgh Medical School, MD, 1969 - 1972
University of Maine, Ph.D., Criminology, 1976 - 1979
RESIDENCY
Tufts New England Medical Center, 1972 - 1975
WORK HISTORY
City of New York, Office of the Medical Examiner
Assistant ME, 1979 - 1999
Chief ME, 1999-2001
City of Los Angeles, Office of the Medical Examiner
Assistant ME, 2001 - 2003
Forensic Response, 2003 - present
AREAS OF EXPERTISE
Recognized expert in blood spatter interpretation, crime scene reconstruction, toxicology, and
firearms trajectory. Qualified as an expert in 14 states.
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EXHIBIT 9
INSURANCE DECLARATIONS PAGE
DELAWARE STATE EQUITY INSURANCE
Homeowners Declarations
Policy Number: 377289365
Page 1 of 1
Policy Term: From 01/01/2006 to
01/01/2007, 12:01 A.M. Standard Time at the
location of the insured residence premises
covered by this Policy.
Named Insured(s):
Chance Peters
431 Main Street NE
Wilmington, DE 19800
Bill To:
Chance Peters
431 Main Street NE
Sydney Reilly
799 Safehouse Road
Crystal Point, DE 19800
Jean Pauling
777 Mariposa Lane
The residence premises covered by the Policy is located at:
4 Lonesome Lane
Kent County
Delaware
___________________________________________________
Policy Coverage
Limit
Premium
Dwelling and
attached structures
$250,000
$300.00
Covered Perils
This Policy insures against loss by fire, flood, earthquake damage, and other acts of God.
___________________________________________________
Exclusions
This Policy does not insure against loss that is the result of the intentional unlawful acts committed by
the owners of the insured residence premises, their agents, family members, or guests.
___________________________________________________
Deductible
$500 deductible applies to each loss.
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LEGAL AUTHORITIES
From Statutory Law
Delaware Statutes Annotated Sec.30-31-20. Trafficking controlled substances; violation.
A.
As used in the Controlled Substances Act [30-31-1 DCA 1978], "traffic" means the:
(1) manufacture of a controlled substance enumerated in Schedules I through V or a
controlled substance analog as defined in Subsection W of Section 30-31-2 DCA1978;
(2) distribution, sale, barter or giving away of
(a) a controlled substance enumerated in Schedule I or II that is a narcotic drug;
(b) a controlled substance analog of a controlled substance enumerated in
Schedule I or II that is a narcotic drug; or
(c) methamphetamine, its salts, isomers and salts of isomers; or
(3) possession with intent to distribute:
(a) a controlled substance enumerated in Schedule I or II that is a narcotic drug;
(b) controlled substance analog of a controlled substance enumerated in Schedule
I or II that is a narcotic drug; or
(c) methamphetamine, its salts, isomers and salts of isomers.
B.
Except as authorized by the Controlled Substances Act, it is unlawful for a person to
intentionally traffic. A person who violates this subsection is:
(1) for the first offense, guilty of a second degree felony and shall be sentenced pursuant
to the provisions of Section 31-18-15 DCA 1978; and
(2) for the second and subsequent offenses, guilty of a first degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 DCA 1978.
C.
A person who knowingly violates Subsection B of this section within a drug-free school
zone excluding private property residentially zoned or used primarily as a residence is
guilty of a first degree felony and shall be sentenced pursuant to the provisions of Section
31-18-15 DCA 1978.
Delaware Statutes Annotated Sec. 30-2-10: Controlled Substances Homicide.
A.
A person who traffics a controlled substance in violation of DCA 30-31-20, which
controlled substance is subsequently used by the person to whom it was distributed or
otherwise provided, resulting in the death of the user, is guilty of controlled substances
homicide.
B.
Controlled substances homicide is a second degree felony.
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JURY INSTRUCTIONS
Members of the Jury:
This is a criminal case commenced by the state against the Defendant Linn Pauling. The
Defendant has been charged with controlled substances homicide.
The Defendant has pleaded "not guilty" and is presumed to be innocent. The State has the
burden of proving the guilt of the Defendant beyond a reasonable doubt. A reasonable doubt is a
doubt based upon reason and common sense – the kind of doubt that would make a reasonable
person hesitate to act in the graver and more important affairs of life.
For you to find the Defendant guilty of controlled substances homicide, the state must prove
to your satisfaction beyond a reasonable doubt each of the following elements of the crime:
(1)
That on or about the 13th of August, 2006, the Defendant did traffic
methamphetamine, a controlled substance, to Ronnie Reilly;
(2)
That the Defendant knew that the substance trafficked was a controlled substance;
(3)
That Ronnie Reilly subsequently used the controlled substance trafficked by the
Defendant;
(4)
That the use of the controlled substance trafficked by the Defendant resulted in the
death of Ronnie Reilly; and,
(5)
That the acts occurred in the State of Delaware.
If you find from your consideration of all the evidence in the case that each of these elements has
been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all of the evidence, you have a reasonable doubt as to any
one of these elements, then it will be your duty to return a verdict of not guilty.
It is a crime for any person to traffic a controlled substance with knowledge that it is a controlled
substance.
Methamphetamine is a controlled substance.
To traffic means to transfer a controlled substance from the possession of one person to the
possession of another person. It is not necessary that the person charged with trafficking be
physically present when the receiving person takes possession, just that he or she knowingly
aided in bringing about that result.
To constitute homicide, there must be a causal connection between the death of a human being
and the criminal conduct of the person or persons to be held accountable such that the allegedly
criminal conduct was a proximate cause of the resulting death.
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The state must also prove to your satisfaction beyond a reasonable doubt that:
(1) The death was a foreseeable result of the defendant's act; and,
(2) The act of the defendant was a significant cause of the death of Ronnie Reilly. The
defendant's act was a significant cause of death if it was an act which, in a natural and
continuous chain of events, uninterrupted by an outside event, resulted in the death and
without which the death would not have occurred.
There may be more than one significant cause of death. If the acts of two or more persons
significantly contribute to the cause of death, each act is a significant cause of death.
You alone are the judges of the credibility of the witnesses and the weight to be given to the
testimony of each of them. In determining the credit to be given any witness, you should take into
account her/his truthfulness or untruthfulness, her/his ability and opportunity to observe, her/his
memory, her/his manner while testifying, any interest, bias or prejudice s/he may have and the
reasonableness of her/his testimony considered in the light of all the evidence in the case.
You should consider each opinion received in evidence in this case and give it such weight as you
think it deserves. If you should conclude that the reasons given in support of the opinion are not
sound or that for any other reason an opinion is not correct, you may disregard that opinion entirely.
The law governing this case is contained in these instructions, and it is your duty to follow the law.
You must consider these instructions as a whole. You must not pick out one instruction or parts of
an instruction and disregard others.
You are the sole judges of the facts in this case. It is your duty to determine the facts from the
evidence produced here in court. Your verdict should not be based on speculation, guess or
conjecture. Neither sympathy nor prejudice should influence your verdict. You are to apply the law
as stated in these instructions to the facts as you find them, and in this way decide the case. You
must not concern yourself with the consequences of your verdict.
Your verdict must represent the considered judgment of each juror. In order to return a verdict, it is
necessary that each juror agrees. Your verdict must be unanimous. It is your duty to consult with
one another and try to reach an agreement. However, you are not required to give up your individual
judgment. Each of you must decide the case for yourself, but you must do so only after an impartial
consideration of the evidence with your fellow jurors. In the course of your deliberations, do not
hesitate to re-examine your own view and change your opinion if you are convinced it is erroneous.
But do not surrender your honest conviction as to the weight or effect of evidence solely because of
the opinion of your fellow jurors, or for the purpose of reaching a verdict. You are the judges –
judges of the facts. Your sole interest is to ascertain the truth from the evidence in the case.
You will now retire to the jury room and select one of you to act as foreperson. That person will
preside over your deliberations and will speak for the jury here in court.
45
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2008 Delaware High School Mock Trial Competition

Transcription

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