Denver Career College Fact Gathering and Evidence Class Homepage

Take Home Project Number 1

Here is information from a real criminal case. The names have been changed to protect the innocent. Read this case and answer the following questions.

 

Information from Charging Document

The People of the State of Colorado v. Susan Barnes

Defendants Name and Address: Susan Barnes

9999 Outlaw Way

Denver, CO 80000

Date of Birth 7/21/73

Drivers License No 95-228-8909

Drivers License State Colorado

Race: White

Sex Female

Height 5 feet 4 inches

Weight 119

Home Phone (303) 555-5555

Work Phone (303) 555-1111

County of Violation Douglas

Location of Violation Dillards / Park Meadows

Violation Date 6/5/99

Time of Violation 1500 hours

Charges C.R.S. 18-4-401 Theft C-2M

Officer K. Peterson Douglas Co Sheriff Department

 

 

Co-Defendant Information from Charging Document

Defendants Name and Address: Lynn Ann Botta

9999 Wyatt Earp Way

Aurora, CO 81111

Date of Birth 7/2/71

Drivers License No 93-244-8108

Drivers License State Colorado

Race: White

Sex Female

Height 5 feet 8 inches

Weight 200

Home Phone (303) 555-3333

Work Phone (303) 555-1111

County of Violation Douglas

Location of Violation Dillards / Park Meadows

Violation Date 6/5/99

Time of Violation 1500 hours

Charges C.R.S. 18-4-401 Theft C-2M

Officer K. Peterson Douglas Co Sheriff Department

 

 Information from Eyewitness

On 6/5/99 I Don Baylor was on duty working security for Dillards Department Store. I noticed two young females go into a fitting room with a bunch of items. They were inside for approx. 30 minutes. Both girls went to the register to have an employee hold three shirts. They then started to walk towards the exit on the second floor. I noticed that their bag (Guess Bag) got fuller and looked heavier. An employee (Rhonda Mayberry) found a couple of empty hangers in their fitting room. The fitting rooms were clean prior to the females going into them. I contacted both females outside Dillards second floor entrance. When I asked them to come with me to the office, they ran away. I chased after them and managed to apprehend Lynn Ann Botta. The other female got away.

I checked the videotape monitor of the dressing room. Lynn Ann Botta's face is clearly visible. The other suspect is not clearly visible since she was wearing large sunglasses and a hat.

/s/ Don Baylor

6/5/99

List of Missing Items

1) Short, Black leather jacket  Not Recovered

2) Light Blue Blouse  Not Recovered

3) Guess Jeans  Not Recovered

4) Black Guess Jeans  Recovered

5) Purse stuffed with scarves -- Recovered

Information from Police Officer

A) Property Stolen Record

Dillards loss prevention provided a list of items stolen total amount stolen .78. Total value recovered .78.

B) Videotape of Dressing Room Copied by Don Baylor

C) Officer observation

On 060599 at approx. 1500 I received a call from Dillards loss prevention officer Baylor. Baylor advised me of 1 adult female in custody for theft. The following occurred. I was paged to return to Dillards Security Office I was advised of 1 females in custody.Security officer Baylor working for Dillards Advised me of the following: 2 females entered store with bag there appeared to be no items in the bag The females entered a dressing room The females exited the dressing room with the bag nearly full Baylor contacted the suspects outside the store where they appeared to be taking the items. Females ran, one got away.

I advised Botta of her rights. Botta waived her rights and admitted that they took the items and would write a statement. Botta implicated Barnes in the theft.

 

Botta's Statement

I came into Dillards with my friend Susan Barnes. We went up to the 3rd floor and tried on some clothes in the junior department. While we were in the dressing room we decided to take some clothes. We put some in a bag and wore some outside of the store. As we were walking out of Dillards a security person asked to come back into the store with him. I ran. After he caught me, We walked into the customer service area and I emptied my bags. I regret everything that happened today in Dillards. I am very apologetic. I cooperated very well with the gentleman and the police officer.

/s/ Lynn Ann Botta 6/5/99

 

Supplemental Information from Police Officer:

I obtained Barnes address and telephone number from the Department of motor vehicles I went to her listed residence and contacted suspect.Suspect stated that she knew Lynn Ann Botta, she said that Botta had stolen her boyfriend and was a pathalogical liar who would say anything to hurt her, even at the expense of herself. Suspect stated that she had been in the store and had encountered Botta. Botta followed her out of the store and they began arguing. All of the sudden this man tried to grab both of them. They ran and Suspect got away. Suspect claims she never stole anything. Suspect was wearing a light blue blouse, and new guess jeans. I observed a short black leather jacket on the sofa in her front room.After Suspect wrote her statement, I arrested her and charged her with theft C2-M.

 Barnes Statement

I came into Dillards alone. Lynn Ann Botta is not my friend. She started arguing with me inside the store and I left. That pathalogical liar stole my boyfriend. I was trying not to create a scene so I left the store. She followed me outside and continued arguing. All of the sudden this man tried to grab us. We both ran away. I ran to my car, got in and drove home. I did not steal anything and I do not know anything about any theft.

 

  Answer the following questions:

 1. Suppose that you are the prosecutor in this lawsuit. Look up the Colorado theft statute or Colorado Jury Instructions and list the elements that you need to prove in order to convict Susan Barnes.

 2. What burden of proof does the prosecution have in this case, Clear and Convincing Evidence, Beyond a Reasonable Doubt or Preponderance of the Evidence ? Choose one of the three.

3. For each item of evidence indicate whether it is direct evidence or circumstantial?

A. Botta's Statement

B. Officer Petersons observation of Susan's clothing at the time of questioning

C. Susan Barnes statement

D. The recovered items

E. The videotape

 

4. The defense wants to have Susan's ex-boyfriend testify as to how Lynn Ann stole him from Susan and how she lied to him during their subsequent relationship. What arguments should the prosecution make in favor of excluding the evidence? What arguments should the defense make in favor of its admissibility? Cite the appropriate Colorado Rules of Evidence.

 5. The defense discovers that Lynn Ann Botta has joined the "Liars Cult" which worships the art of lying, It wants to bring in an expert in cults to testify that members of this cult are not to ever be believed. Can it do this? Cite the appropriate Colorado Rule of Evidence.

 6. The defense wants to introduce evidence that Lynn Ann Botta has recently been convicted of perjury. Is this evidence relevant, why or why not?

 7. Is the value of the property stolen relevant to this lawsuit? If so, list three ways in which the prosecution could prove the value of the items taken.

 8. When the police arrived at Dillards, they requested the surveillance videotape showing the theft in question. Don Baylor made a copy of the tape and provided it to them. The prosecution wants to play the copy of that tape. The defense objects on the grounds that the tape is a copy and not an original. Should the court permit the tape to be shown to the jury, why or why not?

9. Shortly after her arrest, Susan and her husband Tom were overheard in a bar discussing the case. Susan yelled " The cops have nothing on me. I did it but I have gotten away with it before, and I will get away this time as well." The police want to call Tom to testify. He claims the spousal privilege, can he be forced to testify?

10. The prosecution calls the waitress who overheard the conversation between Susan and Tom in question number 9. She is asked about Susan's statement. The defense objects on the grounds that that conversation was covered by the spousal privilege. The prosecution claims that the privilege was waived because it could be heard by a third party. Who will win and why?

 

 

 

 

 

 

 

 


 


 


 






 


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