Problem: Prepare either a written brief or an oral argument for each side of the case.
Facts:
On July 4, 2005, at approximately 9:50 p.m. the Central City police received a call to 3459 Wilson Street in Central City. The caller was not identified and simply said, "He's killing his wife." The person then gave the address and hung up.
Upon arrival the first officer, Jeff Faxon, parked his patrol vehicle approximately 30 yards south of the residence. He then approached on foot from the south. As he neared the front yard of the resident he heard a woman's voice scream, "Don't do it, don't do it!" He then heard a single shot from inside the residence. Before he could get to the front door a Caucasian male exited through the front door. The male was running and went around the corner of the house before Officer Faxon could say or do anything.
Officer Faxon began to run after the man, but by the time he reached the side of the house the man has disappeared. Officer Faxon did a quick search of the side and back yard, but did not find anyone. The yard is surrounded by a high fence.
Officer Faxon then went to the front of the house where he found the front door open. Just as he was about to enter the house a Caucasian male of approximately the same height and weight as the first man approached from the south. The appeared to be out of breath, and as he approached he said, "Hey Cop! What are you doing going into my house?"
The man, later identified as the defendant Jerome Simmons, then stepped closer to the officer and tried to force his way past the officer. Officer Faxon said, "Sir, stay back, I believe something has gone wrong inside."
Simmons again attempted to force his way past the officer, but this time the officer subdues him. Using reasonable force the officer pushes Simmons against the wall, and as the two stand against each other the officer feels something heavy in Simmons's pocket.
Officer Faxon reaches down to feel the coat pocket and finds what he believes to be a small caliber handgun. Officer Faxon retrieves the gun from Simmons's pocket. Seeing that Faxon has the gun Simmons states, "I found that in the backyard." Faxon removes the gun and places Simmons into protective custody.
After backup arrives it is determined that Simmons's wife, Mary, has been shot once in the head at close range. There are blood splatters on the wall that indicate that the bullet was fired while Mary was on her knees. The bullet entered the front of the skull, passed through to lower back, and exited at the point where skull and neck come together.
The crime lab examines the seized gun and determined that the bullet fired into Mary Simmons was likely fired from the gun. The markings are 95% accurate.
Simmons' coat was also seized by police at the scene. An officer noted what appeared to be a small spot of blood on the lower left side of the coat. The blood has since dried. There is not enough blood to do a DNA or other blood test to match to the victim.
The defense has filed a motion to quash the introduction of certain evidence. This is also known as a motion in limine, and its purpose is to prevent the prosecution from using evidence at a trial. The evidence in question is the gun and the coat that Simmons was wearing.
The defense motion states in part:
That both the gun and coat were seized in violation of clearly defined legal procedure, and as such as fruits of the poisonous tree subject to exclusion by this court. In addition, the question of blood on the coat is immaterial and irrelevant since there is no conclusive proof that the spot in question was in fact blood nor is there proof that it is the victim's blood.
Your Task - Prosecutor
Your job as the prosecutor is to respond to this motion. You are to be prepared to argue why both the gun and the coat should be allowed at trial.
Your Task - Defense
Your job as the defense is to effective argue for the exclusion of the gun and coat.