Mock trial that is, as the defendant in a training exercise for Assistant US Attorneys.
I play a guy from Deleware in town for the weekend with a friend who calls an escort service at 3:30 in the morning after a night of drinking and carousing. The accusation is that after being refused sex, I tried to take back the money and hit one of the escorts.
I get to make up any defense I want that doesn't contradict the facts (while, it can, but it would be a losing defense).
The prosecution has the signed contract and statements from the escorts. The police know my character was in the hotel room; I didn't admit having any escorts in but my signature is on the contract. I can deny it's my signature, or make up a story.
I have a character witness, the reverand of my church, who will be saying I would NEVER do anything like ordering sex from prostitutes.
So, I have three stories in mind:
1.) The escorts tried to pick them up, I gave them a sermon on sexual morality, they got pissed and concocted the story.
2.) We ordered the escorts (on my friend's initiative) and got offended when it became clear they were prostitutes. They threatened to call my wife, so I tried to get the contract back. She hit me and tried to scratch me and I pushed her to get away.
3.) We ordered the escorts, refused to pay when we found out they were prostitutes, and they concocted the story for revenge.
The problem with 2 and 3 is why did we call escorts at 3:30 AM? The problem with 1 is they have a signature. Even if they can't prove it's mine, they have my name somehow. Did I give them a signed tract, maybe?
Any ideas on what's best? Any other ideas? We've got creative minds here. Help me think of a story that will floor the AUSAs.
Dagonee
[ July 15, 2004, 09:06 PM: Message edited by: Dagonee ]
Posted by King of Men (Member # 6684) on :
Perhaps you could argue that you are impotent and couldn't possibly have been buying sex?
*Wanders off muttering about weird American laws.*
Posted by Storm Saxon (Member # 3101) on :
Er...by contract, do you mean a signed contract to have sex with the escorts?
Posted by Storm Saxon (Member # 3101) on :
KoM, what European country do you live in?
Posted by Dagonee (Member # 5818) on :
No, a signed contract that says it wasn't about sex.
Posted by PSI Teleport (Member # 5545) on :
Although I already know the answer to this, I'm going to ask if the prostitute has any proof that she was hit.
Posted by Hobbes (Member # 433) on :
Can you have just had a bad experience recently? Like someone dying or getting fired or martial difficulties?
You've had a really bad week by anyone's standereds so you go into to see your friend to have a night on the town. Obviously you start drinking, heavily (though you regret that now). If you'd just had trouble with your wife this would be the best, you and your friend get the idea of calling an escort to try and make your wife jeleous (a desicion that you, once again, deeply regret. By the time you're supposed to pay them you've sobbered up a bit and you began to realize that this is a bad idea, you still love your wife (with all your heart) and you tell the escorts you don't want them anymore.
You realize now that you should've just paid them but you weren't at your best, and when you told them that you weren't going to they got violent, and trying to defend yourself (with the lack of control heavy drinking brings) you accidently hit that women harder than you thought you were going to. You feel awful about the whole thing and are willing to apologize to the women for hitting her and for bringing her out there when you shouldn't have called but you most certainly didn't want to have any sexual relations!
Would that work? I'm a little hazy on the rules.
Hobbes
[ July 15, 2004, 01:28 PM: Message edited by: Hobbes ]
Posted by Dagonee (Member # 5818) on :
The accused offense is assault, no prostitution charges are in play. There's no mention in the police reports of injuries and she refused treatment on the scene. The owner of the escort services was there, so I can easily make allusions to a pimp disciplining a prostitute if the police say she looked like she'd been hit.
Hobbes, you're idea might work - it negates intent, which is enough to get me acquitted.
There are no rules, but if I contradict anything there's evidence of I'll look bad on the stand.
Dagonee
Posted by mr_porteiro_head (Member # 4644) on :
This might be a silly thing to ask, but is your character actually guilty of doing that? Or does non-provable truth not really matter?
Posted by TMedina (Member # 6649) on :
Question -> what is the contract you signed?
Where you inebriated? Did you have legal capacity to sign the form?
Good question -> what proof exists of bodily injury? Does the escort have a black eye or similar injury?
Is it possible you passed out and came to while they were robbing you? You were acting in defense of yourself and your property and one of the escorts reached for her purse which you felt might contain a weapon and you were forced to act accordingly.
As to why you called escorts: You wanted someone to hang on your arm and remain sober while you continued to carouse and recreate. The form you signed was to confirm the non-sexual nature of the job which is what you desired, given the nature of their role for the evening.
-Trevor
Posted by Dagonee (Member # 5818) on :
We don't know - this is all from the attorneys' perspectives, given the evidence and statements in the police jacket. So we can assume I'm not making up a story, or that I'm innocent but trying to hide the fact I got a prostitute, or that I'm guilty.
Dagonee
Posted by TMedina (Member # 6649) on :
Dag - the legal definition of assault is..."reasonable belief of intent to cause injury?"
-Trevor
Posted by Dagonee (Member # 5818) on :
The only witnesses to the "assault" are the alleged victim, her boyfriend, and her co-escort. I've got to think about why I wanted them hanging on my arm - remember the character witness, who will be useless if I'm be lascivious. Wanting to make my wife jealous is a possibility. It being my friend's idea is another.
Dagonee
Posted by TMedina (Member # 6649) on :
Can you outline the facts, bullets optional?
We can concoct a story and it even be plausible - but given the lack of evidence, an assault charge is difficult to prove.
The victim refused medical treatment and there is no mention of injury in the jacket. Without corroborating evidence to support the "he said, she said" aspect - the case is dead in the water.
You don't even have to explain why you contracted the escorts or dispute that it is indeed your signature if all we're trying to do is deflect an assault charge.
-Trevor
Posted by Dagonee (Member # 5818) on :
That's an element of one type of criminal assault (assault in torts is different). It's actual physical attack or a threat which creates a reasonable fear of imminent bodily harm. For me to use self-defense, I'd have to show the woman attacked, since she's probably not big enough to create the fear unarmed.
Dagonee
Posted by Dagonee (Member # 5818) on :
It's not that simple, Trevor. There are 3 witnesses against me. It will all be decided on credibility. If I'm the kind of guy to order up hookers while away from my wife for one night (which entails lying eventually), I'll be less believable on the stand.
Dagonee Edit: Facts:
1. I was in the hotel room with a friend. 2. There's a signed contract with my name (no proof signature matches) that says this is escort only, no sex. 3. The girls called the police away from the scene and told them the story outlined above. 4. The police found me in the hotel room pointed out by the girls with no friends present. 5. I did not mention the escorts when talking to the police.
Maybe a bachelor party for two scenario? I can claim we arranged for strippers over the phone, demanded our money back when they wouldn't, and she attacked first.
Dagonee
[ July 15, 2004, 01:45 PM: Message edited by: Dagonee ]
Posted by Hobbes (Member # 433) on :
Are they going to call in the friend? He probably wouldn't want to admit to the idea, but having him say he was too drunk to really remember what happened would be good, it would show most of what you did you did so because you were drunk and stupid, not criminals.
What the heck is the victim's boy friend doing there?
Hobbes Posted by TMedina (Member # 6649) on :
Your friend and yourself were both inebriated and the only responsible course of action to continue carousing in a safe manner would be to ensure a professional escort would be present to make arrangements as necessary.
Now, discrediting the co-escort is easy enough. The boyfriend may be trickier - how does he fit into the scenario? Where did the alleged assault happen? Was he present at the time of the incident? What did he actually see or claim to have seen?
-Trevor
Posted by Dagonee (Member # 5818) on :
He was present. He owns the escort service. If they're really prostitutes, then he's a pimp. If not, he's just the protection. He was there for the assault.
Friend will not be called.
Dagonee
Posted by Hobbes (Member # 433) on :
I don't think anyone would believe that since he was so drunk as to need some help (as was his friend) they sat down and decided they really did need help, and then decide that the best way to get that help was to call an escort service. That shows he was both intelligent enough and thinking clearly enough to realize he needed someone to help him, and stupid enough to do something as unlikely as call escorts for help. It just doesn't seem that plausible to me.
Hobbes Posted by TMedina (Member # 6649) on :
As to the self-defense theory:
You were drunk, you woke up to find her "rolling" you.
You attempted to remove yourself and she reached for her purse. You've heard stories about hookers rolling clients and even though these were supposed to be professional escorts, you still found one going through your pockets.
When she reached for her purse, you had no idea what she was reaching for - it could have been a weapon and you were forced to act accordingly.
Point of fact -> I don't know if she reached for her purse or not. But two "escorts" saying they did nothing wrong while the accused:
a) Justifies to the moral sensibilities of the jury why he had contracted them
b) Explains any aggressive action he took to defend himself
Since you have a minister willing to vouch for you, that'll carry more weight in the jury's opinion - moreso than two "escorts" nudge, wink.
-Trevor
Posted by Farmgirl (Member # 5567) on :
Use all three stories! Change your story every time the prosecutor asks you a question!
(I've seen that happen IRL in a real trial. Obviously, he appeared to be a habitual liar and couldn't come up with the same explanation twice)
FG
Posted by Hobbes (Member # 433) on :
I agree, the boyfriend will be the hard one to discredit, but the mere fact that he's her boyfriend is probably a good start. I still think my story is good...
You could always use something like "I don't know why he's lying, perhaps he's protecting his girlfriend, or not, I don't know. All I know is that I was attacked and tried to defend myself through a shameful drunken stupor."
Hobbes Posted by TMedina (Member # 6649) on :
What's the timeline? Did the assault happen immediately after the contract signing?
Did more drinking take place between initial contract signing and the assault?
Hiring an escort (you argue) is not unlike picking a designated driver. And the signed contract means you knew full well that sex was not an issue.
Accused background: Are you a business man? Were you well-dressed at the time? Joe Schmo in jeans and t-shirt?
If we're talking about a credibility war, two "escorts" are going to be hard-pressed to justify themselves to a relatively straight-laced jury.
@Dag: Can you give us more details as to the when and where and how of the assault complaint?
-Trevor
Posted by Hobbes (Member # 433) on :
Ohh, I like the "went for the purse" thing. You were drunk and you flashed back to some documentary (or whatever) you'd seen and remembered that often times girls in escort serivces, or just walking the street late at night keep a gun in their, you tried to stop her from taking it out and the scuffle ensued. Maybe that's why the other witness think you attacked her, they didn't think there was anything suspicious about reaching for her purse?
Hobbes Posted by TMedina (Member # 6649) on :
The two witnesses, co-escort and boyfriend/owner both have reasons to lie which make them relatively easy to discredit.
There are no impartial witnesses whose objectivity can be described as "compromised."
The factual details are slim and the circumstantial evidence relies heavily on the alleged victim, her boyfriend and the second escort.
-Trevor
Posted by Jutsa Notha Name (Member # 4485) on :
So, this is an exercise to take not enough factual information, and see who can best twist it into a swallowable story to a judge?
Posted by TMedina (Member # 6649) on :
Judge and jury, but basically yes.
It's a case that cannot be decided by fact alone and we are developing defenses designed to support the accused.
Plausible interpretation.
-Trevor
Posted by KarlEd (Member # 571) on :
A guy and his friend go out drinking. Back at the hotel the friend makes a call and two women show up. The guy is surprised but his friend says they are "just for company". The girls agree and even say the escort fee isn't for sex and you have to sign the contract outlining that it isn't for sex. You do. After you sign, one of the escorts snuggles up to you and says "No sex for the escort fee. The sex will cost you $200 extra." Flabbergasted, you reply that you're married and don't want the sex service anyway. The "escort" won't have any of it and start to make advances hoping you'll give in and pay for sex. You push her away and in anger she calls the cops and accuses you of assault.
Posted by Dagonee (Member # 5818) on :
Ooh, good KarlEd. Veeery good. I didn't think of the friend calling. I'm a little drunk, and I signed to make sure everyone knew I'm married and won't be in on any hanky panky.
These are the typical type of facts in a trial of this sort. The facts are Person X said this, Person Y said that. Not that Person X did something, since the only evidence here is testimonial. It comes down to who the jury believes.
We generally take the cop's word for it, but even that means he only observed X, not that X is what actually happened.
Now, if I were defense lawyer, I'd be trying to come up with ways to discredit the escorts. As it is, all I have to do is come up with a believeable story.
Dagonee
Posted by Hobbes (Member # 433) on :
Say you don't normally drink a lot (it would be good if your character witness said that too). You weren't used to all that alchool, and you didn't know how to handle. Look embarssed and perhaps out-right shamed about the whole thing. I'd play it more as a "this sort of thing can happen to anybody if you're not paying attention" type of thing.
I still think the idea of your friend calling the escort service to try and get back at your wife is good. Not through sex, just photos or stories, or just so you feel like you've taken revenge even without her there (to show you can be with women just fine). They show up and for some reason (she reaches for her purse, you don't weant to pay, she was getting too "snuggly", whatever) you had a minor fight and your being drunk lead to a mistake.
Mostly you just have to have pick a reson that the fight ensued, the one that casts the least blame on you the better...
Hobbes Posted by Farmgirl (Member # 5567) on :
"I drank so much I don't remember a single thing that happened. Total blackout drunk"
FG
Posted by Dagonee (Member # 5818) on :
And it's not about twisting the story. It's to train a prosecutor, who will often not know the defendant's side of the story until trial. The prosecutor will use the police reports and witnesses to present a case, then the defense will show why the prosecutor's case isn't true.
The lack of definite knowledge is part of the training exercise. I'm just one of the props.
Dagonee
Posted by Dagonee (Member # 5818) on :
OK, have to actually do work (although this WAS work related). I'll get on tonight and post my story based on the excellent input here, and then people can poke holes in it again.
Thanks!
Dagonee
Posted by TMedina (Member # 6649) on :
Ok, so Dag's the accused and he's concocting a story to tell to his defense attorney?
Edit: Did the friend actually call? If he says he didn't, that could be a blow to your credibility. Even if he's willing to lie, he might crack under cross and that might tank the situation for you.
-Trevor
[ July 15, 2004, 02:14 PM: Message edited by: TMedina ]
Posted by Dagonee (Member # 5818) on :
Yes, but we're going to assume whatever I concoct is true. Posted by Dagonee (Member # 5818) on :
There's no information who called, and the friend isn't testifying.
Posted by KarlEd (Member # 571) on :
If there's no physical evidence of the fight, why admit there was one at all. She made advances, you pushed her off you. She screamed "assault" hoping to scare you into paying her to keep quiet. You refused (since you are innocent). She called the cops.
Maybe you even, for a minute, considered paying her to keep her quiet or to avoid an embarassing situation you'd rather not have your wife know about, but you weren't going to give in to extortion.
Maybe the boyfriend wasn't even in the room until the other escort called him on her cellphone. He gets there and demands the $200 for sex and another $100 for having to come and get it. You tell him to go @#$% himself and they call the cops.
Posted by pooka (Member # 5003) on :
Say the boyfriend hit her and is blaming it on you? Make a lot of him being her boyfriend but having her go out to escort in the wee morning hours. Better yet, act shocked that he is her boyfriend.
P.S. I didn't rate very evil, so I don't know how convincing my lies would be.
[ July 15, 2004, 02:32 PM: Message edited by: pooka ]
Posted by TomDavidson (Member # 124) on :
Dag, of all these, the one that makes sense is, "A friend and I ordered some escorts on a lark. When they showed up, they kept trying to sell themselves to us, which we weren't willing to do. So we sent them packing. A few hours later, cops show up at my door. That's all I know."
Since there's no evidence of any other contact -- of any other kind -- there's no reason for this not to work.
Posted by Farmgirl (Member # 5567) on :
what Tom said.!
He boiled it down to the point. Very well done.
(anxious to hear how it goes, Dag)
FG
Posted by Dan_raven (Member # 3383) on :
I believe Karl's story, with one modification.
Obviously the boy friend hit her because she didn't get the extra sex-fee. Pimps hit ho's who don't produce (and those that reproduce.)
Woman is hit. Pimp decided there may be a way to make some green tonight anyway. He calls in the cops, with proof of bruised and battered "girl friend".
Then later, when there were no witnesses, she, or he, offered to drop the charges if you "return the money you took"--pay him off.
By the way Dag, are we sure this is fictional court case?
I mean, you really didn't get caught with beating on you paid escort, did you?
Posted by KarlEd (Member # 571) on :
LOL, I was just thinking that with the anonymity of the internet it wouldn't be unplausible for someone to get us all to brainstorm a real defense for his actions in just such a way as this.
But to the point, Dan, I thought of that addition as well, but didn't put it in because it calls for speculation on the part of the defendant about motives and events he did not witness. Now if the defense attorney wanted to introduce that line of thought . . .
Posted by PSI Teleport (Member # 5545) on :
I just can't imagine why a prostitute would call the police at all unless something really happened. I mean, prostitutes don't usually go looking for the law.
[ July 15, 2004, 03:18 PM: Message edited by: PSI Teleport ]
Posted by KarlEd (Member # 571) on :
Actually, on second thought, I don't think that's a line of thought the defense should pursue at all. If there is no evidence of an assault (no treatment on site, presumably no photos, etc) then let there remain as much doubt as possible that there ever was an assault of any kind. I'd only introduce the "angry pimp" explanation if the prosecution was first able to establish injury in the first place.
Posted by Rohan (Member # 5141) on :
Dag, are you sure you want to bring in a character witness under the Federal Rules of Evidence? Or do you have no choice? I am just thinking of the opening of "your character" to the rebuttals from the prosecution.
Posted by Dan_raven (Member # 3383) on :
Yeah, if they supena Hatrack to talk about your character, your screwed.
Oh wait, this is a fictional Dag.
Yeah, right.
Posted by Dagonee (Member # 5818) on :
quote:Dag, are you sure you want to bring in a character witness under the Federal Rules of Evidence? Or do you have no choice? I am just thinking of the opening of "your character" to the rebuttals from the prosecution.
I'm the defendant - the lawyer is someone else. And I know there are no character witnesses lined up against me.
Let's see, Dan, what negative character traits could Hatrack attest to? Grumpy, stubborn, sometimes snippy? I'll take it. Participates in pun threads? That could be bad.
Oh, and I officially heard I made law review today! It shortens summer by two weeks, but it's very cool anyway.
Dagonee Edit: I'm going to compose my fictional defense story offline and post it after dinner.
[ July 15, 2004, 07:28 PM: Message edited by: Dagonee ]
Posted by Kwea (Member # 2199) on :
Dag, I'd go for a multi-layed approch.
Don't admit to any violence at all, and say that the first time you heard of violence was when you were arrained. No physical struggle at all, that you are aware of, but save the point of "pimps and hoes" for later use if they "produce" evidence of physical harm.
I was thinking of the same situation that TMedina and KarlEd were, but I like TomD's solution as well. So modify the story to fit them all. sort of.......
You and a buddy go out for drinking, and when you get there you pass out. You remember your buddy on the phone laughing, and he says he ordered some girls.
When they get there, you and your buddy sign the paper, and you are relieved that they are escorts, not prostitutes. You work overnights, so it isn't unusual for you to still be up and about that late....to be honest, you didn't even realize the time when they got there.
Next ting you know, she is telling you that the paper means that sex is extra, not that it isn't available. You are upset, and refuse to pay. You go into the other room, and find the other girl going through your buddies wallet (or whatever), so youget pissed adn threaten to call the police. They leave, all pissed off and threatening you. An hour later, the police show up.
You haven't done anything illegal, and in fact were disgusted by the prostitutes disguised as "escorts".
Basically, this questions their integrety by claiming they are prostitute (if they produce "proof" that the girls were hurt, then you use the pimp theory, as you have already claimed they were whores), while still explaining why you ordered them so late, and gives them motive to lie.
You could even say that one of the girls pleaded with you, saying that her "boyfriend" would hurt her if she didn't bring him the extra cash.
Kwea
Posted by Dagonee (Member # 5818) on :
My friend was getting married, and to celebrate a bunch of us got together for a night on the town. We went out to some clubs in Georgetown, and my friend and I came back to the hotel at about 2:30 in the morning. He bought some beers, and we sat around drinking and talking for while. I’m not much of a drinker and was starting to nod off when I heard a knock at the door. I answered, and these two ladies said were there. One of them said, “The entertainment is here.”
I told them they had the wrong room, but my friend told me to let them in – he’d called them. I reminded him he was getting married next weekend, and he said, “They’re just escorts, here for company.” The ladies laughed, and I figured why not. Since my friend was the one getting married, I offered to pay and handed them the $300. The first one handed me this contract that said they were just an escort service, and she said I had to sign it. After I did that, the escort grabbed me and said, “It’s $300 for the escort, it’s another $300 for the real fun.” I pulled away, told her I was married, and told them to get out.
My friend thought the whole thing was hysterical, but I wasn’t in the mood to party any more, so I told him I was going to bed. He left, and the next thing I know the cops are at my door and this lady is saying I hit her.
Dagonee Edit: I used a hybrid of Karl's and Tom's. I like not knowing about the boyfriend. I'll be the nice one - my attorney can call them hos and suggest the boyfriend did it in cross examination.
[ July 15, 2004, 09:06 PM: Message edited by: Dagonee ]
Posted by Dagonee (Member # 5818) on :
So let's see, that's $100 X No. of posts with the good stuff...pro-rate for just OK stuff...I figure $591,800.00 plus tax. Hmmm.
*shuffles through wallet*
Will you take a post-dated, three-party check from a small bank in Turks and Caicos?
Dagonee
Posted by TMedina (Member # 6649) on :
Didn't you say earlier that the boyfriend was present for the assault?
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