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					               The Maine State Bar Association

                            presents

       the 2007 Maine State High School Mock Trial Case



              STATE OF MAINE

                              v.

                    PAT QUINN




(Adapted with permission from State of Colorado vs. Mickey Finn)
                                    INTRODUCTION

The parties at “the Crypt” were legendary at Dirigo University, especially the Halloween
party. Pat Quinn, along with roommates Lee Yorke and Chris Barber, had hosted several
parties at their house at 270 Hampton Drive over the last two years. They were also
collectively known as notorious pranksters around campus. The biggest party each year
was on Halloween, when a hooded and masked figure dressed as the Grim Reaper began
ominously distributing drinks to certain guests at precisely midnight. The Grim Reaper
became a staple at the Halloween parties and it always seemed like one person got a little
too “out of control” after the visit from the Reaper. The odd thing is, it was always the
one person everyone would least expect to lose control. Nevertheless, the antics seemed
to liven up the party. Little did everyone know that Pat, Lee and Chris were spiking one
person’s drink during the Reaper “prank” with liquid XTC (liquid MDMA), and
watching the effects with glee. Lee knew where to buy the drug, Chris would make sure
the “mark” would come to the party, and Pat would dress as the Grim Reaper and make
sure to give the “mark” the spiked drink. They would meet about a week before the party
to decide who was going to get the drink.

The Halloween party on October 31, 2006 seemed to be no different than the last two
Halloween parties. At midnight, the Grim Reaper entered the main room, passed out a
few drinks and then disappeared. The “mark” that night was Oliver Holmes, a student
everyone assumed to be meek and shy—a “science geek”. Very shortly after drinking the
cocktail, Oliver suddenly and horrifically dropped dead. After his death, it was
discovered that Holmes, while on the surface a loveable “science geek”, had, in reality, a
very unsavory habit.

After an investigation and questioning by Detective Jamie Marks, Pat was charged with
manslaughter and conspiracy to commit aggravated furnishing of a scheduled drug. Lee
copped a plea to conspiracy to commit aggravated furnishing of a scheduled drug and
serving alcohol to minors and turned state’s evidence. His sentencing has been
postponed until after Pat Quinn’s trial. Chris pled guilty to a charge of serving alcohol to
minors.




                                             2
STATE OF MAINE                                                   SUPERIOR COURT
CUMBERLAND COUNTY, ss.                                       DOCKET NO. CR 07-2265


STATE OF MAINE
                                          INDICTMENT FOR VIOLATION OF
       vs.
                                          COUNT 1:17-A M.R.S.A. §203(1)(A)
  PAT QUINN                                       MANSLAUGHTER
                                                  CLASS A CRIME
 DOB: 8/11/1983
                                          COUNT 2: 17-A M.R.S.A. §151(1)(C)
                                                  CRIMINAL CONSPIRACY (AGGRAVATED
                                                   FURNISHING SCHEDULED DRUGS)
                                                  CLASS C CRIME



THE GRAND JURY CHARGES:

COUNT 1:

That on or about November 1, 2006 in Portland, Cumberland County, Maine, PAT
QUINN did recklessly, or with criminal negligence, cause the death of Oliver Holmes.

COUNT 2:

That on or about October 24, 2006, in Portland, Cumberland County, Maine, PAT
QUINN, with the intent that conduct be performed that in fact would constitute a crime,
did agree with one or more others to engage in or cause the performance of the furnishing
of a Schedule W drug, namely MDMA, and the use of that drug in fact caused the death
of Oliver Holmes.

                                                    A True Bill

______________________________                      ______________________________
Date                                                Foreperson




                                            3
                                  STIPULATIONS

1. All exhibits included in the problem are authentic and accurate in all respects, and
    no objections to the authenticity of the exhibits shall be entertained.
2. The signatures on the witness statements and all other documents are authentic.
3. The Indictment is accurate in all respects; no objections to this document shall be
    entertained.
4. Chain of custody for evidence is not in dispute.
5. Stipulations cannot be contradicted or challenged.
6. Oliver Holmes, the victim, is male.
7. The handwriting on Exhibit 6, the party itinerary, is Pat Quinn’s.
8. The handwriting on Exhibit 11, the police report, is Detective Jamie Mark’s.
9. The voice in Exhibit 3 is identified as that of Jody Bunsen.
10. Exhibits 1, 2, 8 and 9 are to be treated as part of Detective Mark's investigative
    report and all contents thereof are stipulated to be admissible without further
    foundation, i.e. they are to be treated as certified copies of public records.
11. Exhibits 4 and 5 fairly and accurately reflect the scene, view or geography they
    purport to depict.
12. Exhibit 7 contains true and accurate photographs of evidence recovered from 270
    Hampton Drive by Detective Marks. The costume model in Exhibit 7 is not meant
    to be representative of the size, shape, race, or gender of any witness.
13. Exhibits 3 and 11 are kept in the ordinary course of business or as part of the
    ordinary conduct of an organization or enterprise where it was part of the ordinary
    business of that organization, business or enterprise, to compile the data or
    information. The information was made for the purpose of recording the occurrence
    of an event, act, condition, opinion or diagnosis that takes place in the ordinary
    course of the business or enterprise, the entry in the record or the compiling of the
    data was made at or near the time when the event took place, and the recording of
    the event was made by someone who has personal knowledge of it. Detective
    Marks is to be considered the custodian of these exhibits.
14. The only case law, statutes and charges that shall be used are the ones provided as a
    part of the problem package.
15. MDMA is a Schedule W drug.
16. The stairs leading from the living room to the 2nd floor hallway in Exhibit 5
    connects only those two floors. For the purposes of this trial, there is no basement
    access via this stairwell.
17. The terms defined in the Medical Term Glossary are true and accurate in all
    respects.




                                           4
                                               WITNESSES

Prosecution                                                               Defense
Lee Yorke                                                                 Pat Quinn, Defendant
Detective Jamie Marks                                                     Chris Barber
Jody Bunsen                                                               Dr. Jordan Mitchell

                                                EXHIBITS

Teams in competition may use the following exhibits. They are pre-marked and are to be
referred to by number, as follows:

Exhibit No.            Exhibit Description
 1.                   Autopsy Report with body drawing
 2.                   Toxicology Report on Oliver Holmes
 3.                   911 Transcript
 4.                   Rear view of “The Crypt”
 5.                   Layout of “The Crypt”
 6.                   Party itinerary
 7.                   Grim Reaper costume photos
 8.                   Fingerprint Report
 9.                   Toxicology Report on vial and cup
 10.                  Party flier
 11.                  Police Report

                                    APPLICABLE MAINE LAW

Title 17-A - Maine Criminal Code

§203. Manslaughter
       1. A person is guilty of manslaughter if that person:

       A. Recklessly, or with criminal negligence, causes the death of another human being.

§1106. Unlawfully furnishing scheduled drugs
     1-A. [A] person is guilty of unlawful furnishing of a scheduled drug if the person intentionally or
knowingly furnishes what the person knows or believes to be a scheduled drug, which is in fact a scheduled
drug, and the drug is:

A. A schedule W drug.

1105-C. Aggravated furnishing of scheduled drugs
       1. A person is guilty of aggravated furnishing of a scheduled drug if the person violates section 1106
and:
       . . .

       K. Death is in fact caused by the use of that scheduled drug and the drug is a schedule W drug.


                                                       5
§151. Criminal conspiracy
     1. A person is guilty of criminal conspiracy if, with the intent that conduct be performed that in fact
would constitute a crime or crimes, the actor agrees with one or more others to engage in or cause the
performance of the conduct and the most serious crime that is the object of the conspiracy is:
     . . .
     C. A Class B crime. Violation of this paragraph is a Class C crime;
     . . .

     4. A person may not be convicted of criminal conspiracy unless it is alleged and proved that the actor,
or one with whom the actor conspired, took a substantial step toward commission of the crime. A
substantial step is any conduct which, under the circumstances in which it occurs, is strongly corroborative
of the firmness of the actor's intent to complete commission of the crime; provided that speech alone may
not constitute a substantial step.
     . . .

     7. It is not a defense to prosecution under this section that another person with whom the actor is
alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a
different offense, is not subject to prosecution as a result of immaturity, or is immune from or otherwise not
subject to prosecution.

     8. It is a defense to prosecution under this section that, had the objective of the criminal conspiracy
been achieved, the actor would have been immune from liability under the law defining the offense, or as
an accomplice under section 57.

§57. Criminal liability for conduct of another; accomplices
     . . .

     5. Unless otherwise expressly provided, a person is not an accomplice in a crime committed by
another person if:
     A. He is the victim of that crime; or
     B. The crime is so defined that it cannot be committed without his cooperation; or
     C. He terminates his complicity prior to the commission of the crime by
          (1) informing his accomplice that he has abandoned the criminal activity and
          (2) leaving the scene of the prospective crime, if he is present thereat.

§32. Elements of crimes defined
No person may be convicted of a crime unless each element of the crime is proved beyond a reasonable
doubt. "Element of the crime" means the forbidden conduct; the attendant circumstances specified in the
definition of the crime; the intention, knowledge, recklessness or negligence as may be required; and any
required result.

§33. Result as an element; causation

Unless otherwise provided, when causing a result is an element of a crime, causation may be found where
the result would not have occurred but for the conduct of the defendant operating either alone or
concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result
and the conduct of the defendant was clearly insufficient.

§35. Definitions of culpable states of mind



                                                       6
    1. “Intentionally”
    A. A person acts intentionally with respect to a result of his conduct when it is his conscious object to
    cause such a result.
    . . .
    2. “Knowingly”
    A. A person acts knowingly with respect to a result of his conduct when he is aware that it is
    practically certain that his conduct will cause such a result.
    . . .
    3. “Recklessly”
    A. A person acts recklessly with respect to a result of his conduct when he consciously disregards a
    risk that his conduct will cause such a result.
    . . .
     C. For purposes of this subsection, the disregard of the risk, when viewed in light of the nature and
    purpose of the person's conduct and the circumstances known to him, must involve a gross deviation
    from the standard of conduct that a reasonable and prudent person would observe in the same
    situation.
    4. “Criminal Negligence”
     A. A person acts with criminal negligence with respect to a result of his conduct when he fails to be
    aware of a risk that his conduct will cause such a result.
    . . .
     C. For purposes of this subsection, the failure to be aware of the risk, when viewed in light of the
    nature and purpose of the person's conduct and the circumstances known to him, must involve a gross
    deviation from the standard of conduct that a reasonable and prudent person would observe in the
    same situation.

Case Law

The statute provides that "a person is guilty of manslaughter if he recklessly, or with
criminal negligence causes the death of another human being." 17-A M.R.S.A. § 203.
Both "recklessly" and "criminal negligence" require that the conduct of the actor be in
"gross deviation from the standard a reasonable and prudent person would observe in the
same situation.”

State v. Carisio, 552 A.2d 23, 24 (Me. 1988)

Under section 33, when the defendant's conduct operates in conjunction with a concurrent
causative condition, the State must prove beyond a reasonable doubt not only that the
result would not have occurred but for the conduct of the defendant, but also that the
concurrent cause was not alone clearly sufficient to produce the result and that the
conduct of the defendant was not clearly insufficient to produce the result.

State v. Snow, 464 A.2d 958, 962 (Me. 1983)

[The Maine Criminal Code] states that a person is guilty of manslaughter if he recklessly,
or with criminal negligence causes the death of another human being. 17-A M.R.S.A. §
35 (1983) defines both "recklessly" and "criminal negligence." Reading these definitions



                                                     7
into section 203(1)(A), this Court has required that the State prove beyond a reasonable
doubt that (1) the defendant acted recklessly, by consciously disregarding a risk, or acted
with criminal negligence by failing to be aware of a risk that his conduct could cause the
death of another; (2) this disregard or failure to be aware of a risk rises to a gross
deviation from the standard of conduct that a reasonable and prudent person
would observe in the same situation; and (3) the defendant's reckless or criminally
negligent conduct causes a death.

State v. Gammon, 529 A.2d 813, 814-815 (Me. 1987)

[This court has] made manifest that in order to withdraw from a conspiracy, a conspirator
must act affirmatively either to defeat or disavow the purposes of the conspiracy.
Typically, that requires either . . . a full confession to authorities or a communication by
the accused to his co-conspirators that he has abandoned the enterprise and its goals.

United States v. Piper, 298 F.3d 47, 53 (1st Cir. 2002)




                                             8
                            MEDICAL TERM GLOSSARY

Adrenals: either of a pair of complex              Dura matter: the tough fibrous membrane
endocrine organs near the anterior medial          lined with endothelium on the inner
border of the kidney                               surface that envelops the brain and spinal
Aerated: to supply (the blood) with                cord
oxygen by respiration                              Electrocardiographic: relating to an
Aortic: relating to the large arterial trunk       instrument for recording the changes of
that carries blood from the heart to be            electrical potential occurring during the
distributed by branch arteries through the         heartbeat used especially in diagnosing
body                                               abnormalities of heart action
Atherosclerosis: a common arterial                 Epicardium: the visceral part of the
disease in which raised areas of                   pericardium that closely envelops the
degeneration and cholesterol deposits              heart
(plaques) form on the inner surfaces of the        Epididymes: a system of ductules that
arteries                                           emerges posteriorly from the testis
Autolysis: breakdown of all or part of a           Epidural: situated upon or administered
cell or tissue by self-produced enzymes            outside the dura mater
Bilateral atria: the thin-walled chambers          Eschars: a scab formed especially after a
of the heart that pump blood into the              burn
ventricles                                         Evisceration: the act or process of
Bulbar conjunctiva: the mucous                     removing an organ or the contents of an
membrane that lines the inner surface of           organ
the eyelids and is continued over the              Fibrosis: a condition marked by increase
forepart of the eyeball                            of interstitial fibrous tissue
Calyces: cuplike divisions of the renal            Galeal: over or on the head
pelvis                                             Gastric lumen: a cavity or channel within
Capsule: a membrane or saclike structure           the stomach
enclosing a part or organ                          Gastric mucosa: a mucous membrane in
Chordae tendineae: any of the delicate             the stomach
tendinous cords attached to the edges of           Gastroesophageal: of, relating to, or
the atrioventricular valves of the heart           involving the stomach and esophagus
Contusion: injury to tissue usually                Hepatobiliary: pertaining to the liver and
without laceration, like a bruise                  the bile or the biliary ducts
Coronary ostia: either of the two                  Hyoid bone: a bone or complex of bones
openings in the aortic sinus that mark the         situated at the base of the tongue and
origins of the left and right coronary             supporting the tongue and its muscles
arteries                                           Interventricular septum: the wall
Crepitant: having or making a crackling            between the two ventricles
sound                                              Intraparenchymal hemmorage: a copious
Cricoid cartilage: a cartilage of the larynx       discharge of blood from the blood vessels
Cyanotic: a bluish or purplish                     situated or occurring within the essential
discoloration (as of skin) due to deficient        and distinctive tissue of an organ or an
oxygenation of the blood                           abnormal growth as distinguished from its
Diffuse mild to focally moderate: mild to          supportive framework
moderate                                           Irides: plural of iris



                                               9
Leptomeminges: delicate layers of the                distinguished from surrounding tissue by
meninges                                             color, texture, or elevation
Lesion: an abnormal change in structure              Subarachnoid: situated or occurring
of an organ or part due to injury or disease         under the arachnoid membrane (a thin
Lobulated: made up of, provided with, or             membrane of the brain and spinal cord
divided into lobules (lobes)                         that lies between the dura mater and the
Mitral: relating to a valve in the heart that        pia mater) Subcutaneous: being, living,
guards the opening between the left                  used, or made under the skin
atrium and the left ventrical                        Subdural: situated, occurring or
Mucosa: a mucous membrane                            performed under the dura mater or
Myocardium: the middles layer of the                 between the dura mater and the arachnoid
walls of the heart, composed of cardiac              Subepicardial fat: fat situated or
muscle                                               occurring beneath the epicardium
Nares: the pair of openings of the nose              Subgaleal: below the surface of the scalp
Nonicteric palpebral: normal eyelids                 Subxyphoid: midline of the chest
Papillary muscles: one of the small                  Thyroid cornua: a horn-shaped
muscular columns attached at one end to              anatomical structure (as either of the
the chordae tendineae and at the other to            lateral divisions of a bicornuate uterus,
the wall of the ventricle and that maintain          one of the lateral processes of the hyoid
tension on the chordae tendineae as the              bone, or one of the gray columns of the
ventricle contracts                                  spinal cord)
Parenchymae: the essential and                       Trabeculated: transversely barred
distinctive tissue of an organ or an                 Tracheobronchial tree: the trachea and
abnormal growth as distinguished from its            bronchial tree considered together
supportive framework                                 Tricuspid: a valve that is situated at the
Patent: being open and unobstructed                  opening of the right atrium of the heart
Petechiae: a minute reddish or purplish              into the right ventricle and that resembles
spot containing blood that appears in skin           the mitral valve in structure but consists of
or mucous membrane especially in some                three triangular membranous flaps
infectious diseases (as typhoid fever)               Valvular: resembling or functioning as a
Pituitary: of or relating to the pituitary           valve
gland, an endocrine organ associated with            Vasa defferentia: a sperm-carrying duct
various hormones directly or indirectly              Vasculature: the disposition or
affecting most basic bodily functions                arrangement of blood vessels in an organ
Pulmonary vasculature: the disposition               or part
or arrangement of blood vessels in the               Ventricular chamber: a chamber of the
lungs                                                heart which receives blood from a
Pulmonic: relating to the lungs                      corresponding atrium and from which
Punctate: characterized by dots or points            blood is forced into the arteries
Pyramids: an anatomical structure near               Viscera: of an internal organ in the body
the kidney resembling a pyramid                      Visceral pleurae: either of a pair of two-
Serosal stomach: A serous membrane,                  walled sacs of serous membrane each of
especially one that lines the pericardial,           which lines one lateral half of the thorax
pleural, and peritoneal cavities, enclosing
their contents
Striae: a stripe or line (as in the skin)



                                                10
                              STATEMENT OF LEE YORKE
1.    My name is Lee Yorke and I am 21 years old. I live at 270 Hampton Drive,
Portland, Maine. I am a senior at Dirigo University. I have known Pat Quinn for over
three years. Pat was one of the first people I met when I started my freshman year at
Dirigo. Pat and I hit it off instantly because we both like to party. Pat and I became close
friends, and we’d always hang out together when we were not in class. Pat and I, along
with our other friend and roommate, Chris Barber, are well known around campus as
notorious pranksters and jokers.

2.     Pat, Chris and I all lived together in the dorms our freshman year but that got old
real fast so we decided to move to this house right off campus our sophomore year. The
house is two-stories with a big deck out back to catch the rays in the spring and summer.
It's got a fire escape attached to the side of the building and a giant living room that's
great for parties. We rent the house from Philip Newton, an eccentric Poetry professor at
Dirigo University. This place was definitely built for parties. Pat nicknamed the place
the “Crypt" and the name really stuck. If you told anyone on campus there's a party
tonight at the Crypt, people knew you were talking about our house. The parties at that
place are legendary.

3.    Without a doubt, the best party every year at the Crypt is the Halloween party. In
the fall of our sophomore year, Pat came up with the great idea of throwing a huge
Halloween party at the Crypt. While I am more of a math and science guy, Pat was an
English major and really got into the creative side, going all out on decorations and
insisting that everyone come in costume. It was a huge hit, and the Halloween keg party
bash has been an annual Crypt tradition ever since. That first year, we started what we
thought was a great prank for the Halloween party. At precisely midnight, a hooded and
masked figure dressed as the Grim Reaper would appear and begin ominously
distributing punch to certain party guests. What everyone didn't know was that one of the
drinks was spiked with liquid XTC (liquid MDMA).

4.    About a week before the Halloween party each year, Pat, Chris and I got together to
decide who would receive the punch spiked with XTC. We always picked someone who
was kind of nerdy or someone who had ticked us off in some way. I was in charge of
getting the drug. I could get liquid XTC from a friend in New York, who told me the
drug's potency was real mild and that no one could get hurt. Chris's job was to make sure
that "the target" came to the party. Pat dressed up as the Grim Reaper and made sure to
give the spiked drink to "the target." We would then sit back and laugh, as the person got
high on liquid XTC and acted like an absolute fool. While the three of us were the only
ones who knew about the spiked drink, all the party guests thought the Grim Reaper's
appearance was a hoot, and the Grim Reaper's arrival became the highlight at each year's
Halloween party.

5.   For Pat’s senior year s/he wanted the Halloween party to be the best ever. As usual,
about a week before the party, Pat, Chris and I sat down in the living room at the Crypt
where Pat wrote out an itinerary for the party, and we discussed who should be this year's
"stooge" to receive the Grim Reaper's spiked drink.



                                            11
6.     I told Pat and Chris that I had spoken to my "New York connection" and that I
would drive to the city, endure some stupid jokes about how the Red Sox suck, and buy a
vial of liquid XTC. Pat said, "Great, because I want Oliver to get the 'Reaper treatment'
this year." "Oliver Holmes!!" I said. Then, I asked Pat, "Why Oliver?" I mean I was
shocked by Pat's choice because Oliver was my Chemistry lab partner. Nevertheless, Pat
was adamant. "It's Oliver or nobody," Pat said. Then Chris said, "Well, if it's Oliver,
then my job's done because you know he'll show." And Chris was right. Oliver may
have less personality than the paint on the wall, but he always showed up on campus
when there was a party at the Crypt. Sort of a pathetic attempt to be part of the cool
crowd, I suppose. So, I then told Pat, "Fine. If you want Oliver, then it's Oliver. I don't
really care who it is." However, to this day I don't really know why Pat picked Oliver.
It's true Oliver was a complete geek, but I couldn't understand why Pat wanted to make a
fool out of someone with zero personality to start with. The only thing I can think of was
that incident with Pat’s car.

7.    Pat had told me that s/he suspected Oliver of backing his car into Pat’s brand-new
Mini-Cooper at the beginning of the semester in the parking lot outside the chemistry lab.
Oliver drove a real beater—a bright yellow Dodge Colt from the ‘80s. Oliver’s car had
dents all over it, so you’d never know if he’d backed into anything. But Pat told me
his/her silver Mini had a yellow mark on it where the collision occurred. Pat said s/he
was certain it was Oliver because no one on campus had a car that color, except for that
Toyota Prius that Professor Newton drives. Professor Newton is very meticulous about
his car and there’s not a scratch on it.

8.    On October 31, 2006, the night of the party, I got back to the house from New York
at about 7:00 p.m. When I walked in, Chris and Pat were decorating for the party. I
brought the vial of liquid XTC in with me. As soon as I walked in, Pat anxiously asked,
"Did ya' get the stuff?" I said, "Yeah" and handed the vial of liquid XTC to Pat. Pat
grinned, nodded and said, "Great, I'll put this upstairs with the Grim Reaper outfit until
it's Reaper time." Pat then ran up the stairs vial in hand towards his/her bedroom and s/he
returned a few seconds later without it. About 7:30 p.m., the band Scatterbrain came in
and started setting up. Pat instructed Scatterbrain to "take a set break just before
midnight 'cause we've got something special planned for midnight." Chris and I then
went out to buy the kegs. We came back just in time to get cleaned up and to change into
our Halloween costumes. Chris wore this stupid looking pirate outfit. Pat and I had these
black burglar outfits. Our party guests started arriving about 9:00 p.m. Scatterbrain
started the first music set about 9:30 p.m., and the party was packed and kicked into high
gear by 11:00 p.m.

9.    About 11:45 p.m., from across the crowded party room, I saw Pat and Chris
heading up the stairs towards Pat's bedroom. I kept an eye on the staircase, and I'm sure
Pat and Chris couldn't have come back down the stairs without me seeing them. I may
have gone upstairs briefly around this time to use the bathroom, but I was definitely back
on the dance floor before the band took their break. Then, at precisely the stroke of
midnight, I saw Pat dressed as the Grim Reaper coming into the party room from the



                                            12
kitchen with a sickle in one hand and a tray of punch in red cups we bought for the party
in the other. Obviously, Pat put the Grim Reaper outfit on upstairs, went down the side
fire escape and re-entered the house from the outside through the exterior kitchen door.
Once at the center of the room, the Grim Reaper slowly looked around studying all the
guests, occasionally pointing a long, skeletal finger at someone to come forward and take
a cup. The Grim Reaper proceeded in this manner until the finger finally pointed at
Oliver who was wearing a vampire costume. Oliver came forward and was handed the
last cup from the Reaper's tray. All of the selected guests, including Oliver, then raised
their glasses in a toast to the Reaper and quickly downed their drinks. The Grim Reaper
then sort of waved its arms, turned and quickly exited the party room through the kitchen
door while the crowd cheered, clapped and chanted "Reaper, Reaper!!"

10. About 12:15 a.m., I saw Pat and Chris coming back down the stairs into the party
both with smug grins on their faces. I knew exactly what the smirks were for—Pat had
just gotten Oliver to down the spiked drink. Then, I noticed Oliver acting really freaky—
leaping and twirling about, arms waiving wildly in the process. Given this wild, gyrating
display, people backed away from Oliver, pointed and laughed. Suddenly, Oliver
stopped and stood motionless for a moment. Oliver's eyes rolled back, and then he
collapsed on the floor and began convulsing. I rushed over to him and I was joined
seconds later by both Pat and Chris. Oliver was still shaking violently and gasping for air
as a bluish color came over his face. The shaking slowly subsided until Oliver laid
absolutely still, the bluish hue now replaced by an ashen gray. Oliver's open eyes stared
blankly at the ceiling. I could tell that he was dead.

11. The next few minutes seemed like a blur. I remember grabbing Oliver's shirt with
both of my hands and shaking the now limp, lifeless body and screaming, "Oliver!!" as if
that would do any good. Someone must have called 911 because it seemed like the
paramedics were there within minutes. Also, a cop who identified him/herself as a
detective was there. At first, the detective herded everyone out of the house and into the
front yard where we were told no one could leave. Over the next half hour or so, the
detective went in and out of the house a few times. Finally, s/he came out and demanded
to know, "Who lives here?" Pat, Chris and I identified ourselves. The detective ordered
the three of us inside and then instructed us to each wait in our rooms until s/he could talk
to us.

12. Eventually, Detective Marks came into my room and sat down in a chair to question
me. I know honesty is the best policy, so right away I told the detective about the prank,
the liquid XTC, the Grim Reaper—everything. The detective slapped handcuffs on me
and told me s/he would be back. I sat there in my room alone for what seemed like hours
until some police officers came in and escorted me downstairs and outside to a squad car
where Pat and Chris, both in handcuffs, were already sitting in the back seat. An officer
opened the car door and put me in the back with my roommates. We were driven to jail,
where we were charged, finger printed, photographed, and booked.

13. I know that Pat and Chris are saying that I’m in the meth business, but it's all a big
lie. Pat and I didn't get into a fight that night and Pat never said s/he "didn't want to do



                                             13
the prank on Oliver anymore." Also, I never told Chris that I had something against
Oliver. Oliver and I were just Chemistry lab partners, something I didn't have any say in.
The chemistry professor made the lab partner assignments. In fact, I hardly knew Oliver.
I certainly didn't know Oliver had a meth lab in the dorm, and I am not and was not a
meth dealer. Look, I know I made a mistake buying the liquid XTC for the prank, but I
don't use or sell drugs. Pat's just lying to save his/her own skin, and Chris's lying to cover
for Pat. After all, Chris is not worried because he got off easy with just a single charge of
providing alcohol to minors. I considered Pat and Chris my friends, but I'm not about to
go to jail for Oliver’s death! Yeah, I was scared, but I told the police and the D.A. the
truth. I was charged with two felonies related to our party, conspiracy to commit
aggravated furnishing of a controlled substance and furnishing alcohol to minors. My
attorney worked a deal where I pled guilty to the conspiracy charge, in exchange for the
prosecutor dropping the alcohol charge. Also, I was told that my sentence would be
reduced based on a favorable recommendation from the state if I testified completely and
truthfully in the case against Pat.

                                WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time.
The material facts are true and correct.

                                                      Signed,


                                                      ______________________________

                                                      Lee Yorke


SIGNED AND SWORN to before me at 9:30 a.m.
on the 8th day of November 2006.


____________________________

Valerie H. Castanella, Notary Public
State of Maine
My Commission Expires: 5/1/2008




                           STATEMENT OF JODY BUNSEN



                                             14
1.    My name is Jody Bunsen. I received both my Master’s degree and Ph.D in
Chemistry at Dirigo University and now have a post-graduate research fellowship there.
I’m not sure if eventually I will go into research full time for a chemical company or
continue teaching at Dirigo. I am not in a hurry and am having fun teaching the
undergraduates. I have my whole life in front of me to decide what I want to do “when I
grow up.” Teaching at Dirigo will also give my resume a boost when I start applying for
a real job.

2.   My great, great, great, great grandfather, Robert Bunsen, was the inventor of the
Bunsen burner. My mother is a former area director of the National Institute of Health
[NIH]. My father was a former director of the NIH’s National Institute on Drug Abuse
[NIDA]. I have several aunts, uncles, and cousins who work in the field of chemistry and
medicine.

3.    I have been fortunate enough to travel around the world with my family when they
have presented various papers at NIH sponsored conferences. I find Chemistry very
exciting and I guess that you could say that it is in my family’s blood. Not everyone in
my immediate family is on the research/teaching side of chemistry. When I was a kid, I
thought research and teaching was boring. But my older sister is a veterinarian and has
an animal clinic where I helped out sometimes.

4.    When I was a sophomore in high school my older brother died from an overdose of
club drugs. His death really hit me hard. So, at this time, I am focusing my research in
the area of club drugs—including 3-4 methylene dioxymethamphetamine, also known as
“Ecstasy,” “XTC,” “X,” “Adam,” “MDMA,” (there are hundreds of street names
depending on what it is mixed with), Gamma-hydroxybutyrate [also known as “High
Boy”] and Rohypnol [also known as “Roofie” or “Roche”]. The research is the basis for
my current fellowship. My research has included studying club drug overdose police
reports, medical reports, and attending professional seminars.

5.    Club drugs are not exactly what you would call “fun drugs.” Although users may
think these substances are harmless, research has shown that club drugs can produce a
range of unwanted effects, including hallucinations, paranoia, amnesia, and in some
cases, death. When used with alcohol, these drugs can be even more harmful. Some club
drugs work on the same brain mechanisms as alcohol and, therefore, can dangerously
boost the effects of both substances. Also, there are great differences among individuals
in how they react to these substances and no one can predict how he or she will react.
Some people have been known to have extreme, even fatal, reactions the first time they
use. And studies suggest club drugs found in party settings are often adulterated or
impure and thus even more dangerous. Because some club drugs are colorless, tasteless
and odorless, they are easy for people to slip into drinks.

6.    Liquid Ecstasy is both a stimulant and a hallucinogen. Young people may use
liquid Ecstasy to improve their moods or get energy to keep dancing. However, chronic
abuse of liquid Ecstasy appears to damage the brain’s ability to think and regulate



                                           15
emotion, memory, sleep, and pain. Because it is often created in illegal labs, liquid
Ecstasy can be mixed with PCP, methamphetamine, acid or pseudoephedrine, a legal
drug found in over-the-counter cold remedies. When a person ingests liquid MDMA, the
person may encounter many psychological problems, including confusion, depression,
sleeping problems, drug craving, severe anxiety, and paranoia. Additionally, physical
symptoms can include muscle tension, involuntary teeth clenching, nausea, blurred
vision, rapid eye movement, faintness, and chills or sweating. It also increases the heart
rate and blood pressure, a special risk for people with circulatory or heart disease.

7.    Both Lee Yorke and Oliver Holmes were in one of my lab classes. I assigned them
as lab partners. Holmes was a serious chemistry student and I think that he wanted to go
to Pharmacology School. Yorke, on the other hand, was a bit of a wild child. I put these
two together because I thought that Holmes would have a calming effect on Yorke. They
seemed to get along when they were in the lab. But you put Yorke together with Chris
Barber or Pat Quinn, and to say that Yorke is easily influenced is an understatement. It
reminded me of high school, how Yorke would ignore Oliver once Barber and Quinn
were around. Worse yet was the way that Pat would treat Holmes. Pat was always
making fun of him, calling him “geek” and making fun of his clothes. What was even
worse was the look of hurt and disappointment on Holmes’s face when Yorke did not
defend him. Despite of all of this, Holmes seemed bent on being part of the social scene
and I know that he frequented parties that the Crypt.

8.    At the beginning of the Fall 2006 semester I saw Holmes parking his bright yellow
car and dinging Pat’s brand new Mini. I was surprised no one ever talked to me about it,
but I assumed their insurance companies took care of it or they would have let me know
they needed some corroboration about the accident. Holmes saw me, smirked, shrugged
and waved. My parking space was just across from where Pat was parked that day in the
Chemistry Lab lot.

9.    I have known Pat Quinn for at least three years. Dirigo is not exactly a large school
and Pat is a few years younger than I am. I am not what you would call a classic “lab
rat.” Besides majoring in Chemistry, I also lettered in track. I’ve seen Pat working out in
the gym. We have always been on friendly terms, joking around a bit and spotting each
other when lifting weights, but we don’t really run in the same circles.

10. I’ve been to the Crypt on several occasions. Pat and his/her friends really know
how to throw a party. One time at the gym, I remember complimenting Pat on his great
parties, especially the 2005 Halloween bash. The band that year was fantastic, not like
Scatterbrain last year. Pat asked me if I liked the “other entertainment” too. I asked
him/her what s/he meant and s/he told me that s/he was the “Grim Reaper” who gives out
one spiked cup of punch to a “lucky” recipient that helped change the tone of the party
last year. S/he told me that s/he spiked one of the drinks the “Grim Reaper” doled out
with a little “X”-tra something. I kinda laughed it off but it made me feel uncomfortable,
especially considering what happened with my older brother. I definitely know it wasn’t
in my cup. I didn’t really want to believe that anyone would put drugs in a drink. Pat
told me that s/he was going to be sorry to have to retire his/her Grim Reaper costume



                                            16
once s/he graduated, but that s/he still had one more appearance to make before s/he left
Dirigo.

11. Last year’s Halloween party at the Crypt was even bigger than the year before. I
guess word got around about how great the party was the year before. The house was
bulging with people. The only bad part was the music. I went as the “mad scientist,” my
boy/girlfriend, Alex, went as a test tube, and another friend, Samantha that came with us
was dressed as a surgeon. We got there around 11 p.m. I saw Pat and his/her friends,
Lee and Chris, throughout the night, but didn’t get a chance to talk with any of them one-
on-one. Oliver was also there. He was acting a bit strange, even for him, I must say. Pat
and Lee seemed to have some words; the atmosphere between them was definitely chilly.
I couldn’t make out everything that they were saying to one another, but it appeared to
me that they were arguing. I also saw Lee and Oliver having a few words. I heard Oliver
say, “how could you do that to me?” It could have been that Oliver had a few keg beers
and finally had the courage to confront Lee about the disparate way s/he treats Oliver
whenever Pat and Chris are around. Whatever their argument was about, Oliver stayed at
the party.

12. Right before the band took a break, I remember that I saw Lee out on the dance
floor. I wasn’t checking my watch or anything, but that must have been a little before
midnight. What a dancing fool. S/he was nonstop; I don’t know if it was a natural high
or what, but Lee was sweating bullets.

13. Around midnight, I was arguing with Alex about when we were going to leave the
party. S/he wanted to stick around for some reason, but I couldn’t wait to get out of
there, especially with the band being as awful as it was. Out of the corner of my eye, I
saw Pat make his/her final appearance in the Grim Reaper costume. I didn’t doubt from
the walk and mannerisms that it was Pat. Plus, I assumed it was Pat, based on what s/he
told me about last year. I called out “Hey, Pat!” to let him/her know that I was there.
S/he turned towards me and nodded as s/he continued to pass out the drinks. I know
some at the party were speculating that Lee was the Grim Reaper, but I saw him/her
downstairs close to midnight. I saw Lee through a window dancing on the front porch, I
guess to get some air. I never saw Chris while the Reaper was doing his/her thing.

14. Alex and I continued our argument as the Reaper walked through the crowd with
the tray of drinks, pointing at the “lucky” guests who would be given a cup from the tray.
As the number of drinks on the tray dwindled, many shouted, “Pick me! Pick me!” Of
course, none of those guests were picked. I finally convinced Alex that we should make
an exit after all who received a cup drank the traditional toast to the Reaper. But, almost
as soon as the toast was done, Oliver Holmes turned as creepy as his vampire costume.
At first, he tried to talk up Samantha, my friend who was dressed like a doctor in surgical
scrubs, telling her about how much he felt for her being forced into a pre-med major on
account of her parents, and then he wanted to give her a hug to console her for what he
imagined was a hardship. That was really uncomfortable because I didn’t really know
how to tell him to lay off my friend. I don’t think the “doctor” liked Oliver and I heard
her say “get lost.”



                                            17
15. But, what I did know about Oliver really bothered me. At the chemistry lab, Oliver
had asked me lots of questions about where my sister’s veterinary practice was located.
He wanted to know whether my sister used Ketamine for anesthetizing animals and
whether he could get a part-time job there next summer. My sister’s clinic has been
broken into several times by thieves looking for Ketamine because it can be turned into a
white powder that drug abusers call Special K. Fortunately, the thieves never found
where my sister keeps it locked up. But it really bothered me that Oliver asked so many
questions. I definitely planned on telling my sister not to hire Oliver if he applied for the
summer kennel job.

16. About 15 minutes after the Grim Reaper left, Oliver started to convulse on the floor.
I guess everyone looked at me as if I should know exactly what to do because they
consider me “faculty.” I was pulled over to Oliver. Jordan Mitchell began performing
CPR and I pulled my cell phone out of my pocket and dialed “911.” I told the operator
where I was and that there was someone at the party who had fallen on the floor and gone
into convulsions. The “911” operator told me that an ambulance was on the way and
asked whether the person was breathing. At that point, it didn’t look to me like Oliver
was breathing. Thank goodness, the ambulance arrived at that point. Rescue personnel
pushed me aside while they worked, fruitlessly it seemed, on Oliver. Then, the next thing
I knew, Detective Marks was asking me to come outside the Crypt and to remain outside
so that I could be questioned. Shortly after that, I gave the Detective my statement.

                                WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time.
The material facts are true and correct.

                                                      Signed,

                                                      __________________________

                                                      Jody Bunsen


SIGNED AND SWORN to before me at 9:30 a.m.
on the 10th day of November 2006.


____________________________

Valerie H. Castanella, Notary Public
State of Maine
My Commission Expires: 5/1/2008

                  STATEMENT OF DETECTIVE JAMIE MARKS



                                             18
1.    My name is Jamie Marks. I am a detective with the Portland Police Department,
and I have been in law enforcement for 10 years.

2.     At approximately 12:22 a.m., on November 1, 2006, dispatch notified me of a 911
call reporting that an individual at a party being held at 270 Hampton Drive had become
unconscious. Despite being on the way home from my second 18 hour shift in a row, I
responded to the call as I was already in the vicinity of Dirigo University.

3.    I arrived about the same time as the Portland EMT’s. Upon entering the residence,
it was obvious that there was some kind of costume party going on. We were met by an
individual that identified him/herself as Pat Quinn. Quinn took us into a large living area
where there was a small stage on the side of the room. There was also a great deal of
party refuse around the room. We discovered an individual face up on the floor. His face
was ashen and he was not breathing. The EMT’s leapt into action, but there was no use.
The area immediately surrounding the body was in severe disarray, with furniture
knocked over and many spills. The death appeared to be violent. At that time, the
EMT’s could not find any sign of trauma or injury, although the individual had a red
plastic cup clenched in his hand.

4.    I ordered everyone out to the front yard so the scene could be secured. I looked
through the immediate area but found nothing out of the ordinary. I saw no need to call
additional officers to the scene at that time.

5.    I then went to the front yard and asked for the host/ess of the party. I was again
introduced to Quinn, along with Lee Yorke and Chris Barber. Quinn identified the
deceased as Oliver Holmes, a senior at Dirigo University. Quinn stated that s/he saw
Holmes suddenly become convulsive, eventually collapsing. S/he said that s/he had no
explanation, since Holmes was quiet and kept to himself.

6.    I spoke to a few other individuals, including Jody Bunsen. As a result of those
conversations, I became aware of a ritual that took place at Quinn's Halloween parties.
At midnight, someone dressed as the Grim Reaper delivers drinks. It appears that one of
the individuals who is given a drink then becomes uncharacteristically wild and
boisterous. Several people suspected that at least one of drinks was drugged. Besides
Quinn, I was told that two other people were involved in this ritual—Lee Yorke and
Chris Barber. My suspicion was piqued. I called for backup.

7.    I then separated the three suspects and isolated them in separate upstairs rooms. I
decided to see what each person might volunteer before confronting them with the
information I had learned. I first spoke with Barber, who admitted knowing of that ritual
but denied anything having to do with the Grim Reaper. S/he further stated that s/he
didn't even see the Grim Reaper make an appearance at the party, but admitted that s/he
was not downstairs at midnight. Barber appeared very nervous during questioning.

8.   I then spoke with Lee Yorke. S/he also admitted knowing of that ritual but denied



                                            19
anything having to do with the Grim Reaper. Yorke also stated that s/he did see the Grim
Reaper make the rounds at midnight, and Holmes could have possibly have been given a
drink by the costumed individual. Yorke’s demeanor made me very suspicious, as it
appeared by his/her body language (nervousness, fidgety, no eye contact) that Yorke was
hiding something. I told Yorke that I knew all about his/her involvement in the Grim
Reaper routine, and it was time to come clean. S/he began to sob and told me all about
the Grim Reaper scheme at two previous Halloween parties.

9.    Yorke said that s/he, Quinn and Barber came up with the stunt as part of a practical
joke, part revenge at every Halloween party to be played on someone who had irritated
one of them. S/he stated that once the person was selected, Barber was in charge of
getting that person to the party. Yorke stated that s/he was responsible for getting the
drug for the drink, and the drug of choice was liquid MDMA. Quinn was the one who
would wear the Grim Reaper costume and distribute the drinks at midnight. Yorke stated
that Quinn had selected Oliver Holmes as the target because he suspected that Holmes
was the one to back into Quinn’s brand-new Mini-Cooper at the beginning of the
semester in the parking lot outside the chemistry lab. Oliver drove an old yellow Doge
Colt and Quinn’s Mini had a yellow mark on the dent.

10. Yorke also stated that Barber was not involved in this prank, as Holmes was already
coming to the party when the decision was made. Yorke gave the vial of liquid MDMA
to Quinn earlier that evening, and assumed all was going according to plan when s/he saw
the Grim Reaper appear at midnight.

11. When I entered the room in which Quinn was held, I mirandized him/her. Quinn
seemed very surprised that I had read those rights to him/her. I asked Quinn for more
information as to his/her whereabouts at midnight. S/he stated that s/he and Barber were
upstairs in his/her room at midnight. I asked for consent to search the room, and Quinn
agreed.

12. I searched the room while Quinn stood in the doorway. My search under the bed
uncovered a hastily stowed black cloak, gloves, and mask near the foot of the bed. I
stood, holding the costume, and said, "Some others have told me about this costume." I
asked if Quinn had anything else to tell me. Quinn then seemed to slump in the doorway,
and stated, "Alright, alright, that is my costume. I am the infamous Grim Reaper."
Further investigation revealed a vial with a small amount of clear liquid in it.

13. I recovered the red plastic cup from the victim, inventoried the evidence and
returned to the police station where the three suspects were booked. It wasn't until
recently that I discovered that Yorke got a break by rolling on Quinn.

14. As the primary detective leading the investigation, I attended the autopsy of
Holmes. The Medical Examiner (“ME”), Dr. Nicholas Barker, could not immediately
find an obvious single cause of death, and ordered a toxicology report. He sent samples
of bodily fluids to the toxicologist.




                                            20
15. When I talked to the ME about the autopsy results, he told me that Holmes's death
was quite violent, and that his seizures lasted for as much as 5 minutes before he died.
The tox report ordered by the ME revealed 23 mg/l of MDA (a metabolite of MDMA) in
the system, and the report on the vial and cup revealed that the trace liquids contained
high levels of MDMA as well. In fact, the potency of the MDMA was such that it was no
surprise that the dose turned out to be lethal. Traces of pseudoephedrine were also found.
Pseudoephedrine is a common ingredient in over-the-counter cold remedies. The
fingerprint tests for the vial came back with three sets of identifiable prints. The positive
prints were identified as those of Pat Quinn and Lee Yorke.

16. I went to Holmes’s dorm room with his parents to gather his personal effects. While
the parents were packing away his things, they came across a box that was hidden under
his bed. The box contained a blender, bowls, tubing, several lithium batteries, about 30
packages of Sudafed and a small propane canister where the fittings had turned blue. I
recognized this at once—it is a home methamphetamine laboratory. I taped off the area
and alerted the Drug Squad. Once they arrived, I turned the investigation over to
Detective Graham Rothschild.

17. It is true that I have been criticized by my sergeant for not calling backup sooner,
and for questioning the suspects at the house and not at the station, but I have my reasons
for doing what I did. First, I didn’t suspect foul play until I heard the Grim Reaper story,
and I immediately called for backup at that time. Second, I didn’t want any of the
suspects to get too defensive about being questioned, and I thought the shock of the death
might loosen some lips. Third, I was pretty tired.

                                WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time.
The material facts are true and correct.

                                                      Signed,

                                                      __________________________
                                                      Jamie Marks


SIGNED AND SWORN to before me at 3:30 p.m.
on the 20th day of November 2006.


____________________________

Valerie H. Castanella, Notary Public
State of Maine
My Commission Expires: 5/1/2008
                           STATEMENT OF PAT QUINN



                                             21
1.    My name is Pat O’Brien Quinn. My parents, Bill and Lila, named me for the bar in
New Orleans where they met during Mardi Gras. Mom and Dad used to be big time
party animals and I think that’s where I got my “party” gene. Dad cleaned up his act,
though, and now he is a doctor and on the Board of Trustees over at Dirigo University
Hospital, a real big deal. For awhile he wanted me to join in his footsteps and become a
doctor, but I wanted no part of it.

2.    I’m not sure what year I’m in at Dirigo University. I’ve been in no hurry to
graduate. I sign up for only a few classes each term, just enough so hopefully Dirigo
won’t give me the boot, but few enough so I have mucho time to drink and party. I do
attend my classes because that’s Dad’s requirement for his money to keep flowing to me.
What in the world would I do with a degree in English anyway? Why would I want to
rush to get into the working world?

3.    I can’t give you a permanent address right now. Dad and his latest love interest are
traveling abroad indefinitely. She’s had more nips and tucks than any extreme makeover
show can even imagine. She knows how to spend $50,000 a day on clothes for herself.
I’m sure she wants to be the next Mrs. Quinn and spend all of my inheritance before I
ever get a chance.

4.    Dad still owns an vacation home on the Cape and a house in Falmouth, but I don’t
think my keys work in those locks anymore. I guess we’ve had some issues. I had a few
hundred friends over for drinks and merriment at Dad’s places a few times. They didn’t
do much damage. Besides, he’s a doctor, he can afford it. What’s the big deal?

5.    My mom, Lila, became an “artist” shortly after the divorce. I think she is currently
trying to pawn off her paint-by-numbers pieces on the craft show circuit. She sends me a
postcard now and then. Maybe Mom will make it for the trial. Who knows? I don’t think
she cares.

6.    Right now, I’m shacking up where I can find some couch space. That’s better than
staying at the county jail’s fine accommodations. I can’t go far because my passport has
been confiscated, and my moolah is running low because my fine defense does not come
cheap.

7.   At the time of the last Halloween party, I was renting a pad over on Hampton with
Chris Barber and that snake Lee Yorke. We affectionately called it the Crypt. The Crypt
had a great location near campus for parties and ours were the best. But I don’t live there
anymore. I got kicked out. The landlord said something about a suspicious death on the
premises constituting a material violation of the lease. Well, all the parties were fun
while they lasted and everyone had a great time—until the last one. Nobody’s laughing
now, at least not me.

8.   What happened that night? You tell me. Ask Lee if you want the true answer. All
I know is that the only thing I gave Oliver Holmes that night was a handshake when he



                                            22
walked in the door. I did not play the Grim Reaper that night, and I did not spike his
drink. I was upstairs with Chris when an imposter Grim Reaper apparently did the
dastardly deed. Earlier that night I made it clear to Lee and Chris that I was done with
that old Halloween prank where the Grim Reaper delivered a spiked drink to a partygoer
at midnight. We all have to grow up sometime, right?

9.    Prior to the last Halloween party, the script was always the same. Chris made sure
the “target” was at the party at midnight, Lee brought the meth to spike the drink, and I
played the wicked Grim Reaper who delivered the spiked drink to the unsuspecting
partygoer. Then all of the partygoers would roar at the target’s strange, usually way out-
of-character behavior. But that’s not what happened the night Oliver died. About a week
before that party, I’d told Lee and Chris, “Enough was enough.” I was concerned that
someone might get hurt one of these years from acting crazy, but I never, ever thought
anyone would die. I knew Lee sold meth, but I never thought Lee would use it to hurt
anyone.

10. Lee just would not let it go though. S/he was determined for Oliver to be the
“mark” and to go ahead with the prank as planned. Lee raged when I said that I was out
and the Reaper’s days were done. Lee even demanded that I give him/her the Reaper
costume so s/he could give Oliver the fateful spiked drink s/he concocted. I told Lee no
way. I don’t remember touching Lee’s vial; I suppose I could have for just a second.
S/he might have shoved it into my hand at one point to prove s/he had it. I do know that I
wanted nothing at all to do with it. I didn’t really think Lee would go ahead with it.

11. At first I didn’t really understand why Lee was suddenly so adamant about making
sure the Reaper appeared that night. Then, I began to catch on. Lee went ballistic when I
said no to letting him/her wear the costume and when I told him/her to settle his/her
“business disputes” with his/her “lab” partner, Oliver, on his/her own time. Yeah, Lee
and Oliver spent a lot of time together in the lab—and at the hardware store. I knew they
had something going on, but I followed the house rules: “Don’t ask; don’t tell.” I’m not
surprised the police found a meth lab at Oliver place, but I had never been there. House
rules aside, I know for a fact that Oliver made it and Lee sold it. You want to know what
really happened that night? Ask Lee. S/he has the answers. I just got the shaft.

12. Anyway, I argued with Lee until 8:00 p.m. that night. From then on, Lee gave me
the cold shoulder, which was fine with me. The party seemed really sweet with lots of
people drifting in. I only spoke to Oliver once that night. I think it was right after he
arrived because he didn’t have a drink in his hand yet. It was a short meaningless
conversation full of niceties. I was certainly more cordial to Oliver than Lee was that
evening. I was as cordial as I could be given that Oliver was acting spacey, but then he
always acted like that.

13. Chris and I did go upstairs before midnight, but it wasn’t because it was getting
close to midnight or anything like that. We were both getting pretty tired. We sat in
Chris’s room chatting for a while, enjoying the relative quiet. I may have gone to my
room once or twice, but not for long. Then we went back downstairs just in time to see



                                            23
Oliver start to convulse. Poor Oliver.

14. I didn’t confess to anything when I talked to that cop, Detective Marks. When I
said “I’m the infamous Grim Reaper,” what I meant was that I’d been the Reaper in years
past, but not this year. I didn’t even know someone had been downstairs impersonating
the Reaper at this year’s party until the cop told me. I just told him/her the Grim Reaper
costume was mine, and I’d last seen it when I put it in the closet. I don’t know who
stuffed it under my bed along with that drug vial. Again, ask Lee. S/he must have been
the last person in my room before Marks did his/her search. Think about it; why would I
have consented to a search of my room if I had hidden the evidence so shabbily?

15. I had nothing against Oliver. Sure, I suspected he was the one who dinged my car
and it seemed obvious that it must have been him. After all, there are not that many cars
around with that ugly bright yellow paint that was left in the dings on my car. When I
confronted him, he denied it. I considered taking him to small claims court to pay for
having my Mini Cooper fixed and repainted. After all, I had been a pre-law major for
half a semester. But it was not a big deal to me; Pops paid to fix it.

16.   I’m sorry Oliver died. No one should die that young.

17. On advice of counsel, that is all I’m prepared to state at this time. I didn’t do it. I
had no reason to hurt Oliver, and I was done with the Grim Reaper pranks.

                                WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time.
The material facts are true and correct.

                                                      Signed,

                                                      __________________________

                                                      Pat Quinn


SIGNED AND SWORN to before me at 3:30 p.m.
on the 15th day of November 2006.


____________________________

Valerie H. Castanella, Notary Public
State of Maine
My Commission Expires: 5/1/2008

                          STATEMENT OF CHRIS BARBER



                                             24
1.      My name is Chris Barber, and I am a student at Dirigo University. I was there
last Halloween when Oliver Holmes seized and died and I’ll never forget it. I’m sure Pat
had nothing to do with it. Pat was upstairs with me at midnight. Besides, we both swore
off the old “Grim Reaper” prank. It must have been Lee.

2.      Perhaps I’d better explain. Pat, Lee and I rent this cavernous old house just off
campus on Hampton Drive. The bedrooms are upstairs, and there’s this common room
downstairs that we use for entertaining. Being off campus, the place isn’t under
supervision like the student social organizations so we’ve “volunteered” to host several
pretty wild parties there. We call it the “Crypt.”

3.     Prior to the last Halloween party, one fixture had been the appearance, precisely
at midnight, of the “Grim Reaper.” I don’t know where Pat originally got that “Reaper”
costume, but it was so cool. Or should I say so gruesome?

4.      That costume was so much more fun than mine for the last party. I planned to go
as an undead pirate like in those movies, but that proved to be too complicated. In the
end, my costume was an eye-patch, a plastic sword and a funny looking hat. I tried to
add some fake skin and blood to really get that zombie look going but in the end it was
just pretty lame.

5.      But I digress. The trademark of our Halloween parties in years past had been the
midnight appearance of the hooded, masked “Grim Reaper” to serve a “special” round of
drinks. “Special” to our guests meant the ceremony of it all: the high point of the evening.
“Special” to the three of us—Lee, Pat and me—meant that one of the drinks being passed
out was spiked with a drug. Lee always brought the drug and I think s/he said it was
liquid XTC (liquid MDMA). My job was to cozy up to our “mark” for the evening,
making sure that pre-selected person remained at the party until midnight. Part of the fun
was selecting a patsy who was exactly the last person anyone would expect to lose
control. That made the contrast between the person’s normal “image” and their post-
midnight antics all the more hilarious. I don’t think the guest really knew exactly what
was going on and we usually kept the dosage low enough so the person appeared
intoxicated, but not drugged.

6.      Prior to this last Halloween party, Pat’s job was to play the “Reaper” and hand out
drinks, including the “special” spiked one. It took some slight of hand to be sure the right
person got the right drink without being obvious. Pat was really good at that. He had a
whole routine that the crowd loved. First he would stand right in front of someone, and
then he would stamp his scythe on the floor three times. Then he would point to the
person and then back at a certain drink on the tray, always saving the “special” drink for
the mark. But I know Pat didn’t do it at this last party, because he was with me. Besides,
I heard whoever played the “Reaper” this time was not nearly as talented as Pat.

7.     The Halloween party plans had begun like any other (except bigger, of course).
Oliver was a pretty reliable “mark.” He typically showed up at nearly every party at the



                                            25
Crypt and that night he was in no hurry to go elsewhere so my role looked to be easy.
And since Pat told me the prank was off that night, I didn’t really have to do anything. I
did go get the kegs with Lee, but after that I just hung out with Pat. What Lee had done
about getting XTC (liquid MDMA) for that night, I don’t know. I do know that the
caterer failed to show; that’s what you get for hiring a moonlighter rather than a full-time
professional. We had to hustle to cover that lapse with the snacks. When I see that
moonlighter, I’d like to give him a piece of my mind, but he’s disappeared to who knows
where.

8.     And then there was the entertainment! Well, that’s not my fault at all, as Pat hired
Scatterbrain based on reputation. Who knew that they lip-synched everything? I guess
maybe I did, but I didn’t tell Pat. He seemed to really enjoy them.

9.     About 9 o’clock that evening, I had gone into the back of the downstairs to what
was once the butler’s pantry of the house. My job was to discreetly wire Scatterbrain’s
“karaoke machine” into the sound system. There I heard Pat and Lee arguing. Pat was
saying that s/he’d “had enough” with our trademark prank and was not going to do it
anymore. I piped up that Oliver was the perfect mark—so shy and so proper—to get the
spiked drink, but I didn’t press the point. I was too distracted trying to salvage what
looked to become a sinking, dying affair thanks to the band.

10.     But, before I finished what I was doing, I was surprised to hear Lee express real
hatred toward Oliver. Who knew anyone had such strong feelings against him. To me,
he was so bland. I mean, that was the point of the prank, wasn’t it? But Lee was really
angry with Oliver about something. When Pat refused to go through with the prank that
night, Lee got angry with Pat too. Lee even offered to wear the costume him/herself, but
that came to nothing when Pat refused. Pat expressed regret for having been part of the
“Reaper” prank before (which was strange since I’d never heard that from him/her). Pat
and Lee glowered at each other and stomped off. By then, the bulk of our guests had
started to arrive so I “circulated” until sometime after eleven.

11.     The party was in big trouble. The Halloween decorations weren’t the only things
that made the house feel like a mortuary, in spite of the kegs. I joined Pat and Lee in the
living room beside the staircase to discuss what to do. Lee had come from the kitchen
and was very concerned about how dead the place felt and how anti-climactic midnight
was going to be without the Grim Reaper. The two of them still weren’t speaking
cordially. There was this silent gulf, and they glared at one another through the eyeholes
of their respective masks. So, Pat and I went upstairs to his/her room, while Lee
remained “on duty” as host/ess, I suppose.

12.     That must’ve been a quarter-to-twelve, I guess. After the tension downstairs,
once the two of us got up to the second floor, we just collapsed and chilled. I must
confess we drank something a bit better for ourselves than the libations we were serving
to our guests. There are so many gatecrashers at an off campus party that you just can’t
afford the best for all. I don’t even remember what we talked about; I suppose we mostly
stared out the window at the ghostly patterns that the tree branches in the moonlight were



                                             26
making on the fire-escape landing. It was all very soporific.

13.    I didn’t notice anything unusual at midnight. The grandfather clock by the front
door usually chimes, but the hardwood floors are thick so I’m not certain I even noticed it
being midnight. When my wristwatch said 12:15 a.m., we stretched and agreed our duty
lay downstairs at the party.

14.     As Pat and I headed down the staircase, music was thudding from the reception
room. I think the partygoers had given up on Scatterbrain and started playing CDs. That
must’ve done the trick because things appeared livelier than when I’d gone upstairs, a
half-hour before. People were dancing and there was an animated buzz from the huddle
by the buffet.

15.     Through the ebullient guests, I noticed Oliver. The boring kid seemed to have
gotten some life after all—maybe that vampire costume was doing him some good! I’d
started to walk his way when I noticed a strange expression come over his face. At first, I
thought Oliver was acting, getting into character by clenching his body and bugging his
eyes. But then I noticed his rasping and wheezing and suddenly I realized he wasn’t that
good an actor. Nobody’s that good an actor.

16.     I was running towards Oliver before I knew it. I think Pat was close by and
maybe Lee was too, but I’m not sure. My attention was on Oliver. I was close enough
now to see beneath his Halloween make-up. He didn’t look healthy, and he wasn’t
breathing normally at all. I tore open his “Dracula” evening clothes costume and tried to
start chest compressions. But I don’t know CPR—I’ve only watched it on TV. I could
feel his heart leaping inside his chest like a freight train going off its tracks. There was
an actual pulse beneath his starched shirt, but we’d discovered it too late. Who knew he
was going to die—how unexpected and how sad.

17.     I was grateful when Jordan Mitchell took over. By then, I think, someone
must’ve called the paramedics because I heard sirens shortly thereafter. Scatterbrain and
the dreadful lip synching were long gone, and the guests stood around silently watching
Oliver twitch on the floor as Jordan and then the paramedics worked on him. Detective
Marks seemed to arrive with the rescue squad and apparently began to clear the room.
As s/he hustled Pat, Lee and me away from each other, I looked at my watch again and it
was 12:28 a.m. Time moves so strangely, sometimes quickly, sometimes so, so slowly.

18.      I sighed several times and tried to discern from noises filtering up the staircase
what the Rescue Squad was doing. I kept checking my watch incessantly for lack of
anything else to do. It was 12:40 a.m. when Detective Marks came to question me.
Marks sent each of the three of us to our respective rooms. Mine is across the landing
from Pat’s and half-way across from Lee’s; I don’t have a connecting bath, as they do, so
I felt pretty isolated while Marks went to the other two first. About 1:00 a.m., Marks
came out of the doorway across the landing with Pat’s old “Grim Reaper” costume
draped over his/her arm. Marks had me escorted downstairs and then taken to the station.
Of course I cooperated, why wouldn’t I? I – we – had done nothing, I thought. I was



                                             27
pretty happy when I was told that I was only being charged with serving alcohol to
minors—that certainly was the right result for me.

19.      Pat and I weren’t even downstairs when the “Grim Reaper” showed up that night
so I know it couldn’t have been Pat playing the part. It must’ve been Lee. Lee had some
gripe with Oliver, and Lee had vials of liquid XTC (liquid MDMA) before. So, you
make up your own mind. I just know that even if the police found a vial in Pat’s upstairs
room, Pat never left until we went downstairs together after midnight. By then, Oliver
already looked horrendously drugged. Hey, maybe Oliver had taken his own drugs
earlier that night. The more I hear the more I realize that I really didn’t know much about
him. But who would have guessed he would’ve ended up dead that night?

                                WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time.
The material facts are true and correct.


                                                     Signed,

                                                     __________________________

                                                     Chris Barber


SIGNED AND SWORN to before me at 3:30 p.m.
on the 15th day of November 2006.


____________________________

Valerie H. Castanella, Notary Public
State of Maine
My Commission Expires: 5/1/2008




                                            28
                    STATEMENT OF DR. JORDAN MITCHELL

1.   My name is Jordan Mitchell and I have finished my fourth year at Dirigo University
Medical School. I just successfully passed my National Boards and am ready to begin
my medical internship. My hope is to one day become a forensic pathologist. I’m not
sure why, maybe it was all those years watching “CSI.”

2.    I first met Pat Quinn, Lee Yorke, and Chris Barber when they were freshman and I
was their R.A. at Farber Hall at Dirigo University. I was a dirt poor first year medical
student at the time and was taking advantage of the free room and board Dirigo offers
their R.A’s. Anyway, Pat, Lee, and Chris seemed like pretty good kids, maybe a little bit
too much into partying. Let’s just say that they kept me on my toes as their R.A. I had to
come down on them pretty hard a few times. Nothing serious, you know, just stuff like
playing their music too loud or putting Vaseline on everyone’s doorknobs. Yeah, they
were really into the whole prankster thing.

3.    As that year progressed, Pat and I became really good friends, despite our age
difference. We had a lot in common. We both liked to work out and lift weights, we
both really liked scary movies, and we were both really into the Celtics. We ended up
traveling to a bunch of games that spring. It turns out that Pat’s dad, Bill, had great box
seats at the Garden, and we could pretty much go whenever we wanted. Bill Quinn is a
great guy. He got me my job with the Office of the Medical Examiner. It’s a really
competitive program and my grades weren’t that great, so I’m sure I wouldn’t have
received that position without his recommendation.

4.    Anyway, by the spring semester of their freshman year, I knew that Pat, Lee, and
Chris were getting pretty fed up with life in the dorms so I was not surprised when they
told me they were moving off campus. I remember specifically when Pat told me that
they would have the best parties around and that I was welcome anytime. That sounded
good to me, as I enjoy a good party now and then and once they were off my watch in the
dorms they could do whatever they wanted.

5.    I knew Oliver Holmes from the time he was a freshman too, because he was also on
my floor as an R.A. I always thought that he was just your typical geek and was very
surprised to hear from friends at Dirigo that he was a drug dealer and that he ran a
methamphetamine lab in his dorm room. Go figure. By the end of his sophomore year
everyone knew he ran that lab and sold meth. Sometimes I’d visit a friend on the same
floor in the dorm where Oliver lived; I could smell the chemicals for making meth in his
room every time I passed it. I don’t know why Dirigo didn’t arrest him and shut down
that lab.

6.   Everyone also knew that Lee Yorke was Oliver’s biggest business competitor.
Rumor was Yorke had a supplier in New York for XTC (liquid methylene
dioxymethamphetamine or MDMA). But, I never bought or used any meth; that would
have undermined all my efforts to become a successful doctor. I also warned Pat that he
shouldn’t be living with a drug dealer, but he always said that he maintained a strict



                                             29
“Don’t Ask, Don’t Tell” policy when it came to any drug dealing so he wouldn’t get in
trouble. Boy was he wrong.

7.     The Halloween Party that Pat, Lee, and Chris give at the Crypt every year is famous
for the appearance of the “Grim Reaper.” Around midnight at each party, Pat puts on
his/her Grim Reaper costume and dramatically enters the party with a trayload of drinks.
The crowd would always go crazy when Pat would “select” a recipient for the punch.
First, he would stamp his scythe on the floor three times, then he would point a long,
bony finger at the person in front of him and then he would point back to a certain drink
on the tray, indicating that individual had to drink it. No one ever refused the Reaper,
and most people really got into it. The trick was, Pat would save one drink spiked with
liquid XTC for someone who, after a few gulps, became the hit of the party. Several days
before the party this year, I had a heart-to-heart talk with Pat about the dangers of passing
out the liquid XTC to some unsuspecting person and the risk that such a person could end
up really hurt or even dead. The night before the party Pat assured me that s/he was not
going to allow the liquid XTC cocktail to be handed out this year so the party might not
be as exciting, but at least no one would get hurt. Pat told me that Lee did not take the
news well that the prank was off; s/he really wanted to do it because s/he had picked
Oliver as the person to get the “special” drink and act the fool this year. Pat told me that
Lee had become really angry and promised “Oliver won’t get off that easy.”

8.    The night of the party I arrived sometime after 11:00 p.m. I dressed up in a giant
gorilla costume—it was the last one on the rack at the party store. The party was really
pretty lame, especially the entertainment, because Scatterbrain was lip-synching instead
of performing live. I saw Oliver shortly after I arrived at the party; he seemed really
fidgety and nervous. He was acting as if he was already high on something.

9.    My costume was really, really hot and it was very difficult to drink through the big
head so I went outside to the back deck for some cool fresh air shortly before midnight.
That’s when I saw Lee with a vial in his/her hand heading into the kitchen. As Lee
walked by, s/he commented that this party would not be lame much longer and the Grim
Reaper would not let us down this year. I was shocked because I knew that Pat was not
going to perform the Grim Reaper trick this year. After Lee went into the kitchen and
came out again, I saw him/her go up the fire escape to the second floor. S/he was almost
running and had some sort of black bundle under his/her arm. I didn’t think much of it at
the time.

10. I realized that I hadn’t talked to Pat yet that evening so I went through the kitchen
into the living room to see if I could locate him/her. I saw Pat going up the main stairs to
the second floor with Chris, just a few minutes after Lee went upstairs. Pat had on a
black burglar costume and Chris was dressed like a pirate. I didn’t see him/her in time to
talk so I decided to wait for him in the living room. I hung out by the front window so
that I could keep cool in my costume.

11. Once inside again, to my surprise, I saw that the Grim Reaper had appeared in the
living room and was distributing drinks. He had the tray of drinks in his left hand and the



                                             30
scythe in the other, and was shoving the tray in front of certain guests, indicating that
they should take a drink. The Grim Reaper then gave the last drink to Oliver and then
made a dramatic exit through the kitchen. Soon after Oliver gulped down the Reaper
cocktail, I noticed him staggering around on the dance floor. He looked really confused
and anxious, with his eyes darting here, there and everywhere. He started clenching the
muscles in his hands, arms and legs and then his teeth started clenching together; he was
shivering. I could tell even from a distance that his clothes were drenched in sweat.
Then he began moving from person to person, trying to hang on to their shoulder or arm
—clutching them in what seemed like an attempt to stay on his feet. It didn’t look as if
he could control or stop himself from having the muscle spasms. The look on his face
was pathetic —full of fear and confusion about what was happening to him.

12. Across the room I saw Lee laughing at Oliver. S/he was inside and looked as if s/he
had just finished a workout; s/he was all sweaty, hair messed up and his/her black burglar
outfit was a mess. It struck me as strange because Lee is the type of person who’s always
perfectly dressed with not a hair out of place.

13. Next, Oliver started pulling at his vampire costume as though he was trying to get
some air. His face had turned a sickly shade of green; there were several people in his
path who moved out of the way quickly, dodging his grasps, hoping, I guess, that he
wouldn’t vomit on them. I started toward him, thinking I’d help him to the bathroom, but
by the time I took two steps, Oliver had fallen to the floor like a dead weight with his
arms and legs twitching. His whole body was shaking and jerking, and he appeared to be
experiencing tremors throughout his entire body. His eyes were rolled back into his head.
His jaws were clenched shut, he appeared to be choking on his tongue, and he had a
pinkish froth dribbling from the side of his mouth. Then Oliver became very still and
started turning blue. None of this took very long—only about 15 minutes from the time
Oliver downed the Grim Reaper’s drink—until he was lying dead on the floor.
Immediately, I realized that the liquid XTC Lee had put in his drink, together with
whatever other meth and alcohol he’d had, was too much. What a tragedy.

14. I remember that someone screamed to call “911” and then everyone tried to clear
the area around Oliver so that I would have room to perform CPR on him. I took a
stethoscope that someone was wearing as a prop and put it to Oliver’s chest. I didn’t hear
anything. That really freaked me out, so I started giving Oliver CPR. I made sure that
Oliver had a clear breathing passage, I tipped his head back, I pinched his nostrils and I
put my mouth over his and blew. Then I started to press on his chest. After a few
minutes, a paramedic showed up and tried to resuscitate Oliver, but it didn’t work.
Detective Marks showed up, cleared the room, separated everyone and began taking
down names and addresses so s/he could contact us later to get our written statements.

15. After I heard that Pat had been charged with manslaughter, I knew that something
just wasn’t right. I wanted to do something but wasn’t sure how to help. Then Bill
Quinn called and asked if I wouldn’t mind attending the autopsy. Luckily, during my job
at the Office the Medical Examiner I had worked with Dr. Barker so I was able to
approach him about it. Bill must have called him also because when I went to ask him,



                                            31
he was already expecting me. Bill really has some pull at the hospital I guess.

16.    First off, seeing Oliver’s body at the morgue confirmed what I already knew
about him—he was definitely into making meth. As the autopsy report correctly noted,
Oliver had a series of contusions and eschars on his forearms. Because of the toxic and
combustible chemicals and the infusion of heat used in making meth, cookers frequently
will have burn marks on their hands and arms. No wonder he was always wearing long
sleeves. Then there was the autopsy report. Don’t get me wrong, I really respect Dr.
Barker, but I think that he really blew this autopsy. For starters, he completely
downplayed the existence of both alcohol and pseudoephedrine in his system, either of
which could have contributed to his death. Also, there was that undigested pill in his
stomach. I can’t believe that Dr. Barker never had that analyzed. Based on what I’ve
heard about Oliver, he could have popped just about anything that night. I mean, who
knows what the combination of chemicals in his body could have done. The Reaper
drink could have just been the icing on the cake. I know that MDMA alone can kill you,
even in relatively small amounts, but from what I understand that is rare and there is
usually some other “chemical” involved.

17. Anyway, even if it was the Reaper cocktail that did him in, it wasn’t Pat that gave it
to him. Several days after the party, I saw Lee in the library. S/he said that Pat was
really in trouble this time, but Oliver was to blame because he was a speed freak and a
greedy druggie. I told Lee that I knew Pat didn’t give Oliver the drink, and s/he said,
“Well the police think Pat did it, and no one can prove otherwise.” With Oliver gone,
Lee has no serious competition for his/her drug sales; that should lead to a price increase
and more profits for Lee. Lee gets a reduced sentence for conspiracy and serving alcohol
to minors in exchange for testifying against Pat; that’s a great deal for Lee. I really think
Lee, not Pat, is the culprit.

                                WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time.
The material facts are true and correct.

                                                      Signed,

                                                      __________________________
                                                      Jordan Mitchell

SIGNED AND SWORN to before me at 9:30 a.m.
on the 9th day of November 2006.

____________________________
Valerie H. Castanella, Notary Public
State of Maine
My Commission Expires: 5/1/2008
                                                                  EXHIBIT 1 (page 1 of 6)



                                             32
STATE OF MAINE                                   DIVISION OF FORENSIC SCIENCES
MAINE BUREAU OF INVESTIGATIONS                   RECORD OF MEDICAL EXAMINER

CITY: Portland                COUNTY: Cumberland            CASE NO.: 2006-39546___

NAME OF DECEASED: Oliver Holmes_________________

AGE: 20        DOB: 4/3/84 RACE: Caucasian HEIGHT: 68" WEIGHT: 160 lbs._

MANNER OF DEATH:

Natural ( ) Homicide (X) Suicide ( ) Accident ( ) Undetermined ( ) Other ( )

CAUSE OF DEATH: Overdose of MDMA__________

LAST SEEN: Date: 11/1/06         Hour: 0015       Place: 270 Hampton Drive________

FOUND:        Date: 11/1/03__ Hour: 0015        _ Place: 270 Hampton Drive________

INJURY: Set forth below___________

PRONOUNCED: Date: 11/1/03_ Hour: Unknown Place: Dirigo University Hosp.

NOTIFIED BY: Sgt. Ross Grier, PPD_______              Date: 11/1/03____ Hour: 0830__

BODY IDENTIFIED BY: Fingerprints ( ) Car Registration ( ) Photographs ( ) Family (X)

AUTOPSY AUTHORIZED BY: Coroner                        CORONER NOTIFIED: Yes_____

PRESENT AT AUTOPSY: Det. Jamie Lopez, PPD, Investigating Officer;___

Jordan Mitchell, Student_______________________________________________

NAME OF MORGUE: Portland DOFS_ DATE RECEIVED: 11/1/03_ HOUR: 0830_

AUTOPSY (X) LIMITED DISSECTION ( ) EXT. EXAM ( ) HISTORY REVIEW ( )

PERFORMED BY: Nicholas Barker, M.D.______ DATE: 11/3/06 TIME: 1015




SIGNED: ___   Nicolas S. Barker__________________________                      DATE:
11/4/06


                                           33
                                                                 EXHIBIT 1 (page 2 of 6)

In accordance with the Maine Medical Examiner Act an autopsy is performed on the
body of Oliver Holmes at the morgue of Dirigo University Hospital, in Portland, Maine
on Friday, November 3, 2006, commencing at 1015 hours.

EXTERNAL EXAMINATION:
The body appears to be that of an adult male, approximately 68" in height, and weighing
160 lbs., consistent with the stated age of 20 years.

The body is received wrapped in a black zippered disaster bag, is identified by an
attached name tag, and is clad in the following articles of clothing:

   1. Black “tuxedo” pants, torn near the left ankle and right knee. Much dirt on the
      lower portion of the pants. A fluid stain smelling of some alcoholic beverage
      appears on the right thigh.
   2. Boxer shorts with vampires bearing the slogan “Dying is for Suckers.”
   3. Black nylon socks and patent leather shoes.

Also included in the disaster bag:

   1. White “tuxedo” shirt with red bow tie. Cut down back, and unbuttoned for
      emergency treatment. Extensive staining of the front of this garment, smelling of
      some alcoholic beverage, and appearing to contain some blood. Stains have some
      droplets, but mostly radiate downward from the collar area.
   2. A black hooded, lightweight nylon cloak, tied loosely around the neck. Fluids
      appearing to be blood and saliva appear around the front neck area. Lower
      portions of the cloak are torn, with dirt, and other fluid stains on them.
   3. Plastic vampire teeth.

The body is not embalmed, is refrigerated, and is cool to the touch.

The black scalp hair ranges to an estimated 3 inches. The irides are brown. The equal
pupils are 1/8 inch. The noninjected, nonicteric palpebral and bulbar conjunctiva are
without petechiae. The patent ears and nares are without discharge. The dentition is in
good repair; the oral cavity is without lesion. The lips, gums, and tongue are moist.
Facial hair consists of a neatly trimmed goatee beard and moustache with remaining
heavy beard stubble elsewhere. The symmetric neck is mildly cyanotic but otherwise
without note. Superficial healed scars on the right anterior forehead range to 1 inch at the
hairline. Additional healed scars are within the scalp hair.

The upper extremities have markedly short, irregular nails with minimal dirt underneath.
The bilateral dorsal forearms and hands have superficial scars ranging to 2 inches on the
right. The dorsal right forearm has multiple resolving purple to gold-brown contusions
ranging to 2-1/2 inches extending from the dorsal hand to the forearm. A 3-1/2 inch



                                            34
group of superficial red-brown eschars is on the dorsal left forearm, just distal to the
                                                                  EXHIBIT 1 (page 3 of 6)

elbow. Superficial punctate eschars are on the dorsal forearm. A 1-inch group of blue
ink lines is on the distal medial left thigh. The skin of the bilateral shins, extending to the
feet is scaly. Superficial red-brown eschars are punctate on the distal right shin and in a
3-1/2 group on the anterior left shin. The remaining extremities and back are without
lesion. Additional superficial resolving contusions are sparsely scattered on the body
surface.

EVIDENCE OF MEDICAL INTERVENTION:
A single electrocardiographic lead is on the medial left lower leg.

EVIDENCE OF INJURY:
The nares and mouth issue a small quantity of red-pink froth. Similar material issues
from the bilateral lung parenchymae. A 1-inch group of abrasions is on the dorsal left
elbow. The right anterior tongue tip has a 1/16-inch intraparenchymal hemorrhage.

INTERNAL EXAMINATION:
The following excludes the described injuries. The soft tissues and typically positioned
viscera lack unusual odor or atypical color. The soft tissues and viscera have mild
autolysis.

CAVITIES:
Nothing of significance noted.

CARDIOVASCULAR:
The 360-gram heart has a smooth glistening epicardium with mildly increased
subepicardial fat. The typically coursing right dominant vasculature is widely patent.
The valves, chordae tendineae, and papillary muscles are without note. The valvular
circumferences are (centimeters): tricuspid 12.0, pulmonic 8.5, mitral 11.5, and aortic
8.0. The bilateral atria are acutely dilated. The ventricular chamber diameters are
(centimeters): right 4.0 and left 4.2. The ventricular wall thicknesses are (centimeters):
right 0.2, left 1.6, and interventricular septum 1.7. The soft red-brown myocardium is
without discreet gross lesion. The typically exiting great vessels have widely patent,
typically positioned coronary ostia. The aorta has diffuse mild to focally moderate
atherosclerosis.

RESPIRATORY:
The post evisceration neck musculature lacks blood or lesion. The intact typically
minimally pliable hyoid bone, thyroid cornua, and cricoid cartilage are without note. The
typically branching tracheobronchial tree has a smooth glistening tan-pink mucosa
without lesion. A small quantity of pink froth is within the lower bronchial tree. The
typically formed 560-gram right and 530 gram left lung have smooth glistening visceral
pleurae. Each has a typically well aerated; deep purple-red to pink parenchyma which
issues a small quantity of pink froth but which otherwise has no discreet gross lesion.



                                              35
The pulmonary vasculature is without note.
                                                                  EXHIBIT 1 (page 4 of 6)

HEPATOBILIARY:
Nothing of significance noted.

RETICULOENDOTHELIAL:
Nothing of significance noted.

GASTROINTESTINAL:
The typically formed tongue, esophagus, gastroesophageal junction, serosal stomach, and
gastric mucosa are without note. The gastric lumen contains an estimated 200 ml of
yellow-green thick opaque fluid, and includes a partially digested pill. The gastric
circumference has a well-healed 1 cm surgical band with the operative site intact and
without lesion. The small and large bowels are without significant gross lesion.

ENDOCRINE:
The pituitary, red-brown thyroid, and bilateral adrenals are without note. The tan-pink
lobulated pancreas has mild parenchymal fibrosis with diffuse mild fatty infiltration.

GENITOURINARY:
The 190-gram right and 210 gram left kidney have smooth red-brown cortices and
distinct corticomedullary junctions. The pyramids and calyces are without note. The
pelves contain no stone and drain freely to the unobstructed ureters, which empty
typically to the bladder. The urinary bladder contains an estimated 750 ml [sic] of clear
dark yellow urine. The urinary bladder mucosa is trabeculated and the bladder markedly
grossly distended. The bilateral epididymes and vasa defferentia are firm, but without
additional discreet gross lesion. The tan-pink prostate and bilateral testes are without
discreet gross lesion.

NEUROLOGICAL:
The reflected scalp lacks galeal or subgaleal blood. The skull is without fracture.
Epidural, subdural, and subarachnoid blood are absent. The dura matter is intact. The
smooth glistening leptomeninges are translucent. The 1420-gram brain has a distinct
grey-white matter demarcation. The symmetric hemispheres are without discreet gross
lesion. The grey-white matter demarcation is distinct. The cerebellum and brainstem
have no additional external or tissue lesion. While the sinuses show inflammation
consistent with acute sinusitis, the typically coursing cerebral vasculature is without note.

MUSCULOSKELETAL:
Nothing of significance noted

OTHER PROCEDURES:
  1. Documentary photographs are obtained.
  2. Blood, urine, bile, and vitreous are submitted for toxilogical analysis.
  3. Blood is submitted for serological analysis, if necessary.



                                             36
   4. Head and body hair is submitted.
                                                                EXHIBIT 1 (page 5 of 6)

   5. Clothing is submitted for volatile determination.

AUTOPSY FINDINGS:
At the time of death, this was a healthy adult male, suffering from acute sinusitis, but
showing no natural cause of death, or antemortem traumatic injury. Toxicologic testing
per report: Ethyl alcohol 0.13 g/100ml; MDMA 7 mg/l; MDA 23 mg/l; and
pseudoephedrine 2 mg/l.

OPINION:
Based upon the toxicology reports, this otherwise healthy 20-year-old male, Oliver
Holmes, died from an overdose of MDMA. The dosage of 7mg/l is an extremely high
dosage, and would undoubtedly be lethal for someone of Morse’s height and weight. The
23 mg/l of MDA is consistent with this finding, as MDA is a metabolite of MDMA, and
would not be an additional substance ingested by Morse. This amount of MDA shows
that the level of MDMA ingested was extremely high. The amounts of pseudoephedrine
and of alcohol in the blood are high in this case, but based the inordinate dosage of
MDMA, would not have been factors in Morse’s death, which was clearly caused by the
lethal dosage of MDMA. Based upon the information gleaned from the police
investigation, this overdose was neither accidental nor self-inflicted.

MANNER OF DEATH: Homicide.




                                           37
     EXHIBIT 1 (page 6 of 6)




38
                                                                                           EXHIBIT 2
                                     OFFICIAL REPORT
Criminal Investigations & Forensics Unit                                      Portland Regional Lab
State Police Crime Laboratory                                                   Case #: 2006-39546
State of Maine                                                               Report Date: 11/3/2006

Case Subjects:
       Suspects:           Pat Quinn
                           Lee Yorke
                           Chris Barber

        Victim: Oliver Holmes

Evidence:
The laboratory received the following evidence for analysis from the submitting agency on 11/3/06 via
lockbox:
         001 Sealed plastic bags containing the following items identified as collected from “Oliver
         Holmes”
         001A Tube(s) containing urine
         001B Tube(s) containing femoral blood
         001C Tube(s) containing chest blood

Results and Conclusions:

    Drug Screen Results by: Immunoassay

        Drug Screen Classification                                               Results

        001C     blood-alcohol                                                   Presumptive Positive
                 blood-barbiturates                                              Negative
                 blood-certain benzodiazepines                                   Negative
                 blood-cocaine/cocaine metabolites                               Negative
                 blood-common opioids                                            Negative
                 3,4-methylenedioxyemethamphetamine (MDMA)                       Presumptive Positive

    Drug Confirmation Results by: Gas Chromatography/Mass Spectrometry

        Drug Screen Classification                                    Results           Level

        001C   3,4-methylenedioxyemethamphetamine (MDMA)              Positive          7 mg/l
        001C   3,4-methylenedioxynethylamphetamine (MDA)              Positive          23 mg/l
        001C   basic five screen drug panel                           Negative            —
        001C    ephedrine/pseudoephedrine                             Positive          2 mg/l
        001C    ethyl alcohol:                                        Positive          0.13 g/100ml

Respectfully submitted,



_Susan Libby______________________________________
Susan Libby, Forensic Toxicologist




                                                   39
                                                                       EXHIBIT 3 (page 1 of 2)

                               Transcript of 911 Telephone Call

Time Stamp: 11-01-06 00:20

Police Dispatcher: “Emergency operator 911.”

Voice: “I’m at the Crypt. Someone at the Halloween Party is on the floor in convulsions. We
need an ambulance in a hurry.”

Dispatcher: “I need an exact address.”

Voice (rising): “I don’t know the street number. It’s the Crypt. Everyone on campus knows
where it is on Hampton Drive.”

Dispatcher: “Stay calm. I can’t send anyone without an exact street number.”

Voice (frantically to a loud crowd): “Does anyone know what the street number is here? Is it
270 Hampton Drive? Or, is it 410 Hampton Drive?”

Voice (apparently to the Dispatcher): “Nobody knows which is the correct number. Oh, wait.
I see Lee coming down the stairs.”

Voice (apparently to Lee): “What is the exact address here? 911 says they can’t send an
ambulance without the exact address.”

Voice (apparently to Dispatcher): “S/he says the Crypt is at 270 Hampton Drive. You need to
hurry.”

Dispatcher: “I’ve dispatched police and an ambulance to 270 Hampton Drive, but it’s a very
long street. Do you know the nearest cross-street?”

Voice: “We’re near the intersection of College Avenue. It’s a big two-story house with a really
cool fire escape. They can’t miss it. It’s the Crypt. Believe me, the police will know where the
Crypt is.”

Dispatcher: “OK, I just want you to stay on the line with me. We need to know what’s going
on.”

Voice: “OK.”

Dispatcher: “Do you know the name of the individual who is having the convulsions?”

Voice: “Yes, it’s Oliver Holmes.”




                                               40
                                                                        EXHIBIT 3 (page 2 of 2)

Dispatcher: “Do you know whether Oliver has any medical conditions? Is he epileptic? Does
he take any anti-seizure medications?”

Voice: “I don’t know. I know the guy from Chemistry lab. He was acting a little weird a few
minutes ago. He got into this really touchy-feely kind of mood. I wonder if he was maybe
downing something more interesting than beer. I think he’s the type to do a little X.”

Dispatcher: “Is Oliver conscious?”

Voice: “It doesn’t look like he is. Hold on, someone here had a stethoscope. Jordan is using it to
listen to his chest right now. He says he’s not breathing.”

Dispatcher: “Do anyone there know how to perform CPR?”

Voice: “I think so, yes, I think that Jordan is a doctor. He’s performing CPR on him. Oh, thank
goodness, the paramedics are coming in the front door. And I see a cop, I think. Yes, it’s the
police. Thank you. They’re here. Thank you. I’m going now.”




                                                41
                                                                EXHIBIT 4




Rear view of “The Crypt”at 270 Hampton Drive, Portland, Maine




                                            42
     EXHIBIT 5 (page 1 of 2)




43
     EXHIBIT 5 (page 2 of 2)




44
     EXHIBIT 6




45
46
                                                                                      EXHIBIT 8

                       PORTLAND POLICE DEPARTMENT
                                   FORENSICS DIVISION
                                IDENTIFICATION SECTION
                                  FINGERPRINT BUREAU

                                       FINAL REPORT

ITEM(S) EXAMINED:            (1) One small vial with cap sealed in an evidence bag recovered by
                             Detective Jamie Marks from 270 Hampton Drive.
                             (2) One red plastic cup sealed in an evidence bag recovered by
                             Detective Jamie Marks from 270 Hampton Drive.

TYPE OF EXAMINATION: Fingerprint analysis of both items

RECOVERY: Latent prints were lifted from the vial and compared to Fingerprint Database. No
useable prints were found on cap. No useable prints were found on plastic cup.

RESULTS: After comparison to Fingerprint Database, sufficient points of reference were found
to make three positive fingerprint identifications:

       (1) A latent print lifted from the top portion of the vial was matched to the known left
       thumbprint of Pat Quinn
       (2) A latent print lifted from the central portion of the vial was matched to the known
       right index finger of Lee Yorke
       (3) Two latent prints lifted from the bottom portion of the vial were matched to the right
       thumb and middle finger of Detective Jamie Marks




Signed:____________   Barry Gardener___________________                           Date: 11/5/06
             Corporal Barry Gardener




                                               47
                                                                                                      EXHIBIT 9

                                         OFFICIAL REPORT
Criminal Investigations & Forensics Unit                                       Portland Regional Lab
State Police Crime Laboratory                                                    Case #: 2006-39546
State of Maine                                                                Report Date: 11/3/2007


Requested Service:         Toxicology of Seized Evidence
Agency:                    Portland Police Department
Requested by:              Detective Jamie Marks

Evidence:
The laboratory received the following evidence for analysis from the submitting agency on 11/3/03 via lockbox:

002     sealed plastic bags containing the following items identified as collected from “the Crypt”
        002A crushed red plastic cup containing liquid residue
        002B glass vial containing liquid residue

Results and Conclusions:

        Drug Confirmation Results by: Gas Chromatography/Mass Spectrometry

        Drug Screen Classification                                     Results                    Level
        002A - 3,4-methylenedioxyemethamphetamine (MDMA)               Positive                   28 mg/l

                 -basic five screen drug panel, for example,
                 THC and cocaine metabolites:                          Negative

                 -ethyl alcohol:                                       Positive

                 -ephedrine/pseudoephedrine:                           Negative


        002B     - 3,4-methylenedioxyemethamphetamine (MDMA): Positive                            28 mg/l

                 -basic five screen drug panel, for example
                 THC and cocaine metabolites:                          Negative

                 -ethyl alcohol:                                       Negative

                 -ephedrine/pseudoephedrine:                           Negative


Respectfully submitted,




__   Susan Libby _____________________________
Susan Libby, Forensic Toxicologist




                                                        48
     EXHIBIT 10




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