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Jean Rosenbluth

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Jean Rosenbluth Powered By Docstoc
					Jean Rosenbluth
University of Southern California Gould School of Law
jrosenbl@law.usc.edu
Global Legal Skills III Conference
Monterrey February-March 2008

Example 1

                          Statement of Facts

    On January 7, 2004, the Holy Ghost Universal Church in

Hawthorne, New York, was destroyed by what authorities say was an

arson fire.     (Aff. ¶ 3.a.)   While the church’s ministry included

a few members from New Jersey, its worshipers were primarily

local.   (Aff. ¶ 12.e.)    The church received about $6,000 a week

in donations, which it used to pay expenses and employees as well

as to fund various services at the church[; the Government has

not alleged that any of this money was donated by the New Jersey

congregants].    (Aff. ¶ 12.c.)   After the expenses were covered,

any leftover funds were sent to the national church organization

in part to further its proselytizing efforts.      (Aff. ¶ 12.d.)

In addition to providing such traditional services as Sunday

worship, Bible study (Aff. ¶ 10.c), funerals, and weddings (Aff.

¶ 12.c), the church sponsored Take Flight, a program whose

purpose was to put troubled teens on the “path to God” and teach

them entrepreneurship (Aff. ¶ 7.a).       Under the program, the teens

ran a lemonade stand.     (Aff. ¶ 8.b.)   Though the teens stored the

inventory and made the lemonade inside, the stand, which was

part-time only, operated outdoors, not in the church building.

(Aff. ¶ 8.b.)     The lemons “came from” an orchard just over the

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state line, but the rest of the supplies for the stand were

bought in state.   (Aff. ¶ 12.b.) [The affidavit does not state

that the lemons were in fact purchased in another state.]

    Half the proceeds from Take Flight went back to the church

to further its mission, with the teens keeping half in an effort

to give them incentive to stay on the “path to God.”   (Aff. ¶

8.b.)   After costs, the church administration received less than

$2000 a month from the stand.   (Aff. ¶ 12.a.)

    On January 23, 2004, the Government charged Mr. Sowell in a

Complaint with burning down the Holy Ghost church, and the grand

jury thereafter returned an Indictment charging him with the same

crime pursuant to § 844(I).




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Example 2a

      Modified Excerpt from briefing in United States v. Williams,

990 F.2d 507

      While monitoring the Greyhound Bus Station, Los Angeles Police Detectives

Daniel Mulrenin and Herbert Maples and DEA Special Agent Jim Jeffery observed

Defendant Williams behaving in a suspicious manner: he appeared to be nervous, he

was making heavy eye contact with the passengers, and he was looking around to see

whether anyone was watching him. They saw Williams sit down on a bench, tightly

clench the grey suitcase he was carrying between his legs, place his duffel bag a few

feet away, and look around nervously.    Detective Mulrenin identified himself to

Williams and examined Williams's identification and one-way ticket to New York, which

he had paid for in cash. Detective Mulrenin observed that Williams's hands were

shaking uncontrollably, he was sweating profusely, and his breathing was heavy.

Detective Mulrenin asked Williams for permission to search the luggage, and Williams

responded, “Sure, go ahead.” Detective Maples approached to assist in the search

and, noticing that the suitcase was locked, asked Williams if he had a key. Williams

said he did not, whereupon Maples reached over and broke the lock. The suitcase

contained 13.3 pounds of a mixture containing PCP.

      At trial, Williams contended that he saw the suitcase for the first time in the bus

station when an unknown man asked him to watch it while the man went to get a drink

of water. Williams was convicted by the jury of possession with intent to distribute PCP.




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Example 2b While monitoring the Greyhound Bus Station, Los Angeles Police

Detectives Daniel Mulrenin and Herbert Maples and DEA Special Agent Jim Jeffery

observed Defendant Williams behaving in a suspicious manner: he appeared to be

nervous, he was making heavy eye contact with the passengers, and he was looking

around to see whether anyone was watching him. They saw Williams sit down on a

bench, tightly clench the grey suitcase he was carrying between his legs, place his

duffel bag a few feet away, and look around nervously.       Detective Mulrenin

identified himself to Williams and examined Williams's identification and one-way ticket

to New York, which he had paid for in cash. Detective Mulrenin observed that

Williams's hands were shaking uncontrollably, he was sweating profusely, and his

breathing was heavy. Detective Mulrenin asked Williams for permission to search the

luggage, and Williams responded, “Sure, go ahead.” Detective Maples approached to

assist in the search and, noticing that the suitcase was locked, asked Williams if he had

a key. Williams said he did not, whereupon Williams reached over and broke the lock.

The suitcase contained 13.3 pounds of a mixture containing PCP. At no time during

the search of the suitcase did Williams contend that it was not his, nor did he

offer the police any explanation for how he had come to possess it.

      After his arrest Williams was transported to the Parker Center Police

Station. During the car ride, Williams spontaneously told the police that he

needed money for Christmas presents. At no time during his transportation to

Parker Center did Williams tell Detective Mulrenin or the other policeman in the

car that the suitcase was not his.




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       At trial, Williams contended that he saw the suitcase for the first time in the bus

station when an unknown man asked him to watch it while the man went to get a drink

of water. At no point during his arrest, booking, or pretrial incarceration did

Williams ever offer this explanation to the police. Williams was convicted by the

jury of possession with intent to distribute PCP.




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