People v. Morgan Phillips
Michigan High School
Mock Trial Tournament 2008
Materials
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 1
Introduction
This Mock Trial case was developed for the 2008 Michigan High School Mock Trial
Tournament.
For information about the MHSMTT Rules or information about Mock Trial in general,
contact the Michigan Center for Civic Education at [email protected].
(Adapted from the Bar Association of Metropolitan St. Louis case The State of Missouri
v. Morgan Phillips.)
Summary:
The People of the United States v. Morgan Phillips
Mitch Stevens was a basketball referee. Several controversial calls during the big game
between in-town rivals made Mitch a very unpopular man with the fans of the losing
team. Morgan Phillips, head basketball booster, was seen arguing with Mitch after the
game. Later that night, Mitch Stevens was found dead outside of his apartment building.
Phillips’ gun was found at the crime scene.
According to some sources, Mitch Stevens was also a gambler, deeply in debt to the local
organized crime family and open to fixing games as a way to settle his accounts. His last
big gamble may have involved a double-cross with Mitch betting heavily on the team
chosen to lose, while making calls to ensure that the “wrong” team won.
Morgan Phillips is charged with the murder of Mitch Stevens. Did Phillips do it, or was
it all a mob setup? (Adapted from the Bar Association of Metropolitan St. Louis case The
State of Missouri v. Morgan Phillips.)
2008 Michigan High School Mock Trial Tournament RULES Page 2
CASE OVERVIEW
Welcome to East Arbor, a Michigan city that is home to two rival colleges, Logan
University and Miller College. This rivalry plays itself out most dramatically on the
basketball court, where the Logan Chargers and the Miller Knights clash in the CrossTown Classic. On February 10, 2007, the teams met for the 107th time, with Miller
winning 78-77. The game was not without controversy however, as many Logan fans
claimed the calls made by referee Mitch Stevens were poor and biased in favor of Miller.
One of the most vocal critics of Stevens’ performance was Morgan Phillips, a
Logan University alum and the head of the basketball booster program. During the game,
Robin Anderson, a Miller fan sitting across the aisle from Phillips and Phillips’ former
business partner, heard Phillips make numerous threatening remarks toward Stevens.
After the game, Anderson saw Phillips shout angrily and grab Stevens.
Later that evening, Detective A. Lee Hillenbrand responded to a report of a body
behind Stevens’ apartment. Arriving on the scene, Hillenbrand found Stevens dead from
two gunshot wounds to the chest. Upon investigating Stevens’ last hours, Hillenbrand
heard about the altercation between Stevens and Phillips at the basketball game, as well
as the threats Phillips had made during the game.
During the course of the investigation, Hillenbrand also interviewed Evan Bailey,
who saw a suspicious figure in the alley between Stevens’ apartment and the house where
Bailey resided. Bailey was later awakened from a nap by a loud argument in the alley.
Hearing shots and a thump on the wall, Bailey went outside to investigate, found Stevens’
body, and called for help. At the crime scene, Hillenbrand discovered a gun which
belonged to Phillips and a number of cigarette butts of the unique brand Phillips was
known to smoke. On the strength of this evidence, Hillenbrand arrested Phillips, who
was then charged with the murder of Mitch Stevens.
Phillips claims that to have been nowhere near the scene of the crime when the
alleged murder occurred. Pat Hoffman supports this story, claiming to be with Phillips
the entire night, watching rented movies.
Phillips also hired a private investigator, Cameron Wolfe, to determine who else
might have had motive to kill Stevens. Wolfe interviewed a local bookie, “Slinky”
McGee, who indicated that Stevens was deeply in debt to the local organized crime
family, the Shapiros. McGee claimed that, to settle his debts, Stevens agreed with the
Shapiros to fix the basketball game in favor of Logan. However, McGee claimed Stevens
double-crossed them, and bet heavily on Miller to win. Wolfe took a betting slip from
McGee which appears to support that story. McGee later died from gunshot wounds
similar to those received by Stevens.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 3
INFORMATION
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 4
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WASHAM
PEOPLE OF THE STATE OF MICHIGAN,
Prosecution,
Hon. Raymond C. Justice
vs.
Circuit Court No. 06-89356-FH
MORGAN PHILLIPS,
Defendant.
___________________________________/
EVIDENTIARY ORDER
This Order rules on certain evidentiary motions and resolves evidentiary issues.
Fourth Amendment Issues. Defendant argues that some or all of the evidence obtained
by the police was procured through improper and unconstitutional searches. The Court disagrees.
The exclusionary rule prohibits the introduction into evidence of materials seized and
observations made during an unlawful search. Weeks v US 232 US 383 (1914); Mapp v Ohio 367
US 643 (1961) The exclusionary rule is directed only at official police misconduct, Moore 180
MA 301, 307 (1989), and extends to evidence that was the indirect product or fruit of unlawful
police conduct, the so-called “fruit of the poisonous tree. Wong Sun v US 371 US 471, 484 (1963)
Evidence derived from an illegal search is inadmissible as fruit of the poisonous tree unless the
connection between the illegal search and the discovery of the challenged evidence is so
attenuated as to dissipate the taint. Sundling 153 MA 277, 289 (1986) Generally, a search
conducted without a warrant is unreasonable unless there exists both probable cause and a
circumstance establishing an exception to the warrant requirement. Snider 239 MA 393, 407
(2000)
In the present case, for each challenged search, Officer Hillenbrand and the other
members of the East Arbor Police Department either had (1) the requisite probable cause to
support the searches, (2) a proper warrant supporting the search, (3) Defendant’s consent, or (4)
some combination of the above. Thus, all the searches and all evidence obtained from them were
proper and shall not be deemed inadmissible on Fourth Amendment grounds. Consequently,
Defendant’s motion is DENIED.
Crime Scene Photographs. Defendant also argues that the photographs of the crime
scene taken by Officer Hillenbrand should be excluded on the ground that they are unduly
prejudicial when compared to their probative value. The Court agrees. Generally speaking, to be
admissible, photographs must be accurate, have probative value, and must be helpful in throwing
light upon some material point in issue. The photographer is not needed; the only requirement is
the testimony of an individual, familiar with the scene photographed, that it accurately reflects the
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 5
scene. People. v Curry 175 Mich. App. 33 (1989) However, photographs of murder victims must
be substantially necessary or instructive to show material facts or conditions. They should not be
admitted if merely calculated to arouse sympathy or prejudice. However, if admissible for a
proper purpose, they are not rendered inadmissible merely because they bring vividly to the jurors
the details of a gruesome or shocking accident or crime, even though they may tend to arouse the
passion or prejudice of the jurors. People. v Eddington 387 Mich. 551 (1972)
Here, the People have thus far failed to establish that the photographs are substantially
necessary or instructive to show material facts or conditions. Thus, due to their graphic and
inflammatory nature, the photographs are deemed inadmissible, and Defendant’s motion is
GRANTED.
Statements of Eustace “Slinky” McGee. The prosecution argues that various
statements made by one Eustace McGee to Cameron Wolfe are improper hearsay and should not
be admissible. Mr. McGee is deceased, and as such he is “unavailable” as contemplated under
Rule 804 (a) (4). As such, his statements will be admissible if they fall within one of the
exceptions outlined in Rule 804 (b), People v. Murry, 106 Mich. App. 257 (1982)
"In a prosecution for homicide, a statement made by a declarant while believing that the
declarant's death was imminent, concerning the cause or circumstances of what the declarant
believed to be impending death, is not excluded by the hearsay rule if the declarant is unavailable
as a witness." MRE 804(b)(2) However, for a statement to be admitted as a dying
declaration, 1) the declarant must have been aware of impending death, 2) death must actually
have ensued, 3) statements are sought to be admitted against the person who killed the declarant,
and 4) the statements must relate to the circumstances of the killing. People. v Parney 98 Mich.
App. 571, 581 (1979) McGee’s statements do not fall under the exception found in Rule 804 (b)
(2) because they are not sought to be admitted against the person who killed the declarant
(McGee). Thus, they are not admissible as a dying declaration.
However, MRE 804(7) provides an alternative avenue of admissibility for “a statement
not specifically covered by any of the foregoing exceptions but having equivalent circumstantial
guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence
of a material fact, (B) the statement is more probative on the point for which it is offered than any
other evidence that the proponent can procure through reasonable efforts, and (C) the general
purposes of these rules and the interests of justice will best be served by admission of the
statement into evidence.” The Court finds that all three conditions are met. Thus, although
McGee’s statements to Wolf are not specifically covered by any of the other exceptions, they bear
the equivalent circumstantial guarantees of trustworthiness and are ruled admissible.
The prosecution argues in the alternative that any statements made by Mitchell Stevens
within McGee’s statements should be excluded as improper hearsay. The Court disagrees. “Rule
805 states that ‘hearsay included within hearsay is not excluded under the hearsay rule if each
part of the combined statements conforms with an exception to the hearsay rule provided in these
rules.’” People v. Hawkins, 114 Mich. App. 714 (1982) As this Court has ruled above, McGee’s
statements fall within an exception to the hearsay rule. The only issue present is whether
Stevens’ statements similarly fall within a hearsay exception. The Court rules that they do.
Stevens is deceased, and is therefore unavailable within the meaning of Rule 804, which,
as noted above provides that “unavailability as a witness” includes situations in which the
declarant is unable to be present or to testify at the hearing because of death. The exception at
issue for Stevens’ statements is found at Rule 804 (b) (3): statements against interest. Simply put,
if an unavailable declarant makes a statement which would tend to subject him to civil or criminal
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 6
liability, that statement is deemed to not be inadmissible due to hearsay. A totality of the
circumstances test is used to determine the trustworthiness of exculpatory statements against
interest considering the contents of the statement itself, the circumstances surrounding the
declarant making the statement, and all other facts in the case. People v Barrera, 451 Mich 261
(1996).
In Michigan, gambling in general, and sports betting in particular, are illegal acts, and
individuals who engage in gambling other than certain licensed gaming activities are subject to
criminal punishment. MCL 432.218(1); MCL 750.301. Moreover, while there is no direct case
law on point in Michigan, there are indications that engaging in the practice of fixing or pointshaving in intercollegiate sports contests will subject an individual to civil liability under
Michigan law. Thus, Stevens’ statements regarding any betting, fixing or point-shaving were
statements which would tend to subject him to civil or criminal liability, and are therefore
admissible under the this hearsay exception. Therefore, all statements made by Stevens to
McGee and all statements made from McGee to Wolfe regarding McGee’s conversations with
Stevens are deemed admissible under the hearsay rule. Thus, the prosecution’s motion is
DENIED.
So ORDERED, this 20th day of October, 2007.
/s/ Judge Raymond C. Justice
Circuit Judge
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 7
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WASHAM
PEOPLE OF THE STATE OF MICHIGAN,
Prosecution,
vs.
Hon. Raymond C. Justice
Circuit Court No. 06-89356-FH
MORGAN PHILLIPS,
Defendant.
___________________________________/
SUPPLEMENTAL EVIDENTIARY ORDER
This Order rules on certain evidentiary motions and resolves evidentiary issues.
Fifth Amendment Issues. Defendant argues that some or all of the evidence obtained by
the police was procured in violation of Phillips’ Fifth Amendment right against selfincrimination. The Court disagrees. When police engage in questioning in a custodial setting,
they must ensure that various safeguards are in place to protect the privilege against selfincrimination. Miranda v. Arizona, 384 U.S. 436 (1966). Failure to give Miranda warnings
requires suppression of the statement from the prosecutor's case in chief. People v Anderson, 209
Mich. App. 527, 531; 531 N.W.2d 780 (1995).
If the individual in question is not in police “custody” – which is to say that the
individual has the option of ending the questioning and leaving – then the safeguards are not
necessary. Or v Mathiason 429 U.S. 492, 495 (1977); People. v Hill 429 Mich. 382 (1987) The
Miranda custody test is an objective one - given the surrounding circumstances, would a
reasonable person have felt free to terminate the interrogation and leave; a defendant's age and
lack of experience with law enforcement are not relevant. Yarborough v Alvarado 124 S.Ct. 2140,
2149 (2004)
In the present case, the first encounter between Hillenbrand and Phillips took place in
Phillips’s home and there is no reason to believe that Phillips was in custody, as the term is
contemplated by Miranda. Consequently, Defendant’s motion is DENIED.
Bail Issues. Defendant also seeks to exclude as irrelevant any discussion of bail in the
present case: the amount of bail, whether Phillips posted it, etc. The Court agrees. Michigan
Rule of Evidence 402 provides that “relevant evidence” means evidence having any tendency to
make the existence of any fact that is of consequence to the determination of the action more
probable or less probable than it would be without the evidence. MRE 402. Evidence regarding
bail does not make the existence of any fact that is of consequence to the determination of guilt
any more or less probable than it would have been without the evidence. Consequently, any
evidence related to bail in the present case is inadmissible, and Defendant’s motion is
GRANTED.
So ORDERED, this 9th day of January, 2008.
/s/ Judge Raymond C. Justice
Circuit Judge
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 8
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF WASHAM
PEOPLE OF THE STATE OF MICHIGAN,
Prosecution,
Hon. Raymond C. Justice
vs.
Circuit Court No. 06-89356-FH
MORGAN PHILLIPS,
Defendant.
___________________________________/
STIPULATIONS
The parties agree and stipulate as follows:
1.
The Case Overview is inadmissible and may not be admitted into evidence or
referred to in opening statements or closing arguments.
2.
The Evidentiary Order is inadmissible and may not be admitted into evidence or
referred to in opening statements or closing arguments. Any party may rely on the
rulings contained therein
3.
No party may conduct a voir dire of any expert witness. All expert witnesses were
timely disclosed.
4.
Motions in limine, motions for directed verdict, pre-trial motions, and other such
motions for judgment on the pleadings are not allowed.
5.
The following stipulations are admissible and may be read into evidence by any party
at any time:
a. The actual start time of the Cross-Town Classic on February 10, 2007 was 3:06
p.m. as confirmed by the National Collegiate Athletics Association.
b. All police reports, forensic laboratory reports, and other police records have been
authenticated as records of regularly conducted business activity by the
appropriate custodian of records.
c. The chain of custody for all police evidence and reports was proper and may not
be challenged. Any physical evidence is in substantially the same condition it
was when the crime was committed.
d. The names of the other individuals listed in the betting slip are irrelevant and
have therefore been redacted.
e. East Arbor Ordinance 4132 requires all gun owners residing within the city limits
of East Arbor to register their weapons with the police department.
6.
All signatures are authentic and accurate.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 9
7.
The following stipulations are admissible and may be read into evidence by any party
at any time:
a. V for Vendetta, a movie released in 2006 by Warner Bros. Studios, has a running
time of 133 minutes.
b. Mitchell Stevens is dead and was killed by two gunshot wounds to the chest.
This fact need not be proved by autopsy report or death certificate.
c. The Lackluster Video receipt has been authenticated as a record of regularly
conducted business activity by the appropriate custodian of records.
d. The specifics of the FBI’s internal investigation into Cameron Wolfe’s expense
reports have not been released to the general public. All parties agree, however,
that the exact amount in controversy was somewhere between three thousand and
five thousand dollars.
8.
The Supplemental Evidentiary Order is inadmissible and may not be admitted into
evidence or referred to in opening statements or closing arguments. Any party may
rely on the rulings contained therein.
/s/ Hiram Grant
Hiram Grant
Prosecuting Attorney
/s/ C. Pardo
C. Pardo
Attorney for Morgan Phillips
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 10
JURY INSTRUCTIONS
CJI2d 16.1
(1) The defendant is charged with the crime of first-degree premeditated murder. To prove
this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant caused the death of Mitchell Stevens, that is, that Mitchell
Stevens died as a result of the defendant shooting him.
(3) Second, that the defendant intended to kill Mitchell Stevens.
(4) Third, that this intent to kill was premeditated, that is, thought out beforehand.
(5) Fourth, that the killing was deliberate, which means that the defendant considered the
pros and cons of the killing and thought about and chose [his / her] actions before [he / she] did it.
There must have been real and substantial reflection for long enough to give a reasonable person a
chance to think twice about the intent to kill. The law does not say how much time is needed. It is
for you to decide if enough time passed under the circumstances of this case. The killing cannot be
the result of a sudden impulse without thought or reflection.
[(6) Fifth, that the killing was not justified, excused, or done under circumstances that
reduce it to a lesser crime.]
CJI2d 3.2
(1) A person accused of a crime is presumed to be innocent. This means that you must start
with the presumption that the defendant is innocent. This presumption continues throughout the trial
and entitles the defendant to a verdict of not guilty unless you are satisfied beyond a reasonable
doubt that [he / she] is guilty.
(2) Every crime is made up of parts called elements. The prosecutor must prove each
element of the crime beyond a reasonable doubt. The defendant is not required to prove [his / her]
innocence or to do anything.[*] If you find that the prosecutor has not proven every element beyond
a reasonable doubt, then you must find the defendant not guilty.
(3) A reasonable doubt is a fair, honest doubt growing out of the evidence or lack of
evidence. It is not merely an imaginary or possible doubt, but a doubt based on reason and common
sense. A reasonable doubt is just that -- a doubt that is reasonable, after a careful and considered
examination of the facts and circumstances of this case.
If you find and believe the prosecutor has proven each of these elements beyond a reasonable
doubt, you must find the defendant guilty of murder in the first degree. If you find and believe
from the evidence that the prosecutor has failed to prove one or more of these elements beyond a
reasonable doubt, you must find the defendant not guilty of murder in the first degree.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 11
STATEMENT OF ROBIN ANDERSON
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My name is Robin Anderson. I am 32 years old and I live at 120 Harris Lane on
the south side of East Arbor. I have lived in East Arbor all my life – I even went to
college in town at Miller College just a few minutes from where I grew up. Currently I
own and operate Anderson Realty Company, which owns and leases a number of
residential and commercial buildings on the south side of East Arbor.
I’ve known Morgan Phillips since we were kids. My folks attended some of the
same parties as Morgan’s parents, but it felt like we never really fit in. The Phillips
family is an old, established East Arbor family. They are kind of the bluebloods of the
town. My parents are first-generation East Arbor. The other kids I used to play with at
these parties always called me a carpetbagger, though I didn’t know what that meant at
the time. Morgan was no better, really. Anyway, Morgan comes from the north side of
town – the “other side of the tracks” as we say here in East Arbor – but our schools
always played sports against each other when we were children.
When we got older we went to rival high schools, and eventually went to rival
colleges, too. I went to Miller and s/he went to Logan. I wanted to play basketball for
the Knights, but unfortunately I didn’t make the team. It almost seems like I didn’t know
the right people to get the spot. Instead, I became the equipment manager for the men’s
team. I was always most excited for the Cross-Town Classic against Logan University.
The rivalry goes back farther than anyone can remember, and it doesn’t matter if you lose
every game all year as long as you beat the Logan Chargers. I always thought the game
was a lot of fun and just wanted a good match-up, but for a lot of the families who had
been in town for generations, this was life-or-death business. I mean, it was like the
Hatfield-McCoy kind of thing. I didn’t understand that so much.
The Cross-Town Classic that stands out most in my mind was the one back in
1995. Morgan was in the crowd that day right behind the Logan bench cheering for the
Chargers, and the game got pretty rough. Morgan got so into the game that we almost
got in a fight. That was totally out of character for me – I absolutely believe in the nonviolent teachings of the Reverend Dr. Martin Luther King Jr. and Mohandas Gandhi. I
guess that was just a moment of weakness for me. I’m ashamed of it, and I have been
trying to do better ever since. Anyway, we ended up winning the game on a three pointer
at the buzzer. The crowd went crazy, and Morgan just cursed and walked out of the
stadium.
I met up with Morgan again during college in 1996 – the year after we almost got
into the brawl. The administrators from the two schools had such a good idea: they
brought everyone together in one place just so we could sit down and try to break down
the walls between us. They had this great motivational speaker – Robbie Shaw – who
used to be a gang member in Los Angeles. He told us about watching several of his
friends die because the people in the different gangs couldn’t communicate with each
other heart-to-heart; it really moved me to hear someone talk about their feelings and loss
like that. I think we need to have more meetings like this, just to try to heal the deep
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 12
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divide that prevents us from really and truly communicating with each other. We have to
try to bridge the gap here, so that my beautiful children, Charity and River, can grow up
in a healthy, thriving community.
Anyway, Morgan was at this wonderful seminar, too. I think he was just as
moved by it as I was – he reached out and connected with me right after Mr. Shaw’s
keynote speech. He offered, as a way to try to heal some of the hurt that had passed
between us, to join up with me in a real estate business. We figured that if we went into
business together, we might be able to do pretty well, and provide a positive role model
for the rest of the town. Morgan was a big figure on campus at Logan and well known on
the north side of town and my family had ties on the south side of town, so we thought
we could have a good business if we were able to put our differences and our rivalry
aside.
We started Cross-Tracks Realty in late 1997 after getting our realtor’s licenses.
Everything went well at first: we borrowed money and purchased residential and
commercial property all over town and started leasing it to people. We made a big profit
at first, but Morgan and I could never agree on how to handle the business. Things
started to go really sour around the summer of 2000. I wanted to use some of our profit to
put on a city-wide seminar similar to the mediation back in college. I wanted to call it
“Reconstructing East Arbor.” Morgan didn’t see the opportunity here, so we fought over
that a bit.
In addition, Morgan had a tendency to get a little bit rough with our tenants if they
didn’t pay their rent on time. I understand that sometimes people have a tough time
making ends meet, and can make a mistake or two. I wanted to give them a second
chance – that’s why pencils have erasers, right? Morgan didn’t see it that way, though.
On more than one occasion s/he went to someone’s apartment and verbally threatened
them into paying their rent. I can remember one specific occasion where a tenant was a
month late with his rent, so Morgan went over to his house and threw all his stuff in the
yard. Luckily, that tenant never sued Morgan or the company, but I couldn’t take it any
more. That’s when I left the company and started my own business.
It turns out, however, that I had signed some “non-compete” agreement with
Morgan when we started Cross-Tracks. The agreement said I couldn’t start up a
competing realty company anywhere in East Arbor for three years after I left CrossTracks. When Morgan got wind of my new business, s/he ended up suing me and
winning a five hundred thousand dollar judgment in court. For those three years, I had to
take up odd jobs around town and try to sell and lease property out in the country. It was
really tough on my family, but I’ve been doing a lot better since the summer of 2003.
I’m just so happy that I don’t have to work with that insufferable brute Morgan anymore.
I remember the Cross-Town Classic game played on February 10, 2007. It started
at 3:00 that afternoon. It was Logan University’s turn to host the game, but each year the
stadium is divided in half, and one half of the tickets are sold to Miller College fans and
the other half to Logan University boosters. I got tickets right along the aisle that divided
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 13
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the two sets of fans. Morgan, unfortunately, had seats right across the aisle.
The game was great. Logan had a ten point lead with three minutes to go, but
then the momentum shifted to the Knights. The head referee that year was a guy named
Mitch Stevens, whom I know because he lives on the south side of East Arbor. During
the last two minutes, the game got very physical. Even I have to admit that Stevens made
some very questionable foul calls, and all of them were against the Chargers. The Logan
side of the crowd was yelling loudly at the court and booing each time Stevens made a
close call. Loudest of all was Morgan, along with his/her buddy Pat Hoffman. Hoffman
has been Morgan’s best friend since they were kids – Morgan has always been more
successful and popular, and Pat pretty much follows him/her around everywhere s/he
goes. Anyway, Morgan was yelling threats at Stevens. At one point, after a pretty
questionable call, I heard Morgan yell, “I can’t believe it! Someone ought to teach that
ref a lesson!”
The game ended with Miller winning by a point on two free throws with 0.2
seconds to play. The free throws came on a foul called by Stevens. Some of the Miller
students charged on the court to celebrate, but they were met by angry Logan students,
and a fight broke out. I saw Stevens try to run off the court, but Morgan went down and
grabbed him by his collar. S/He yelled, “You cost us the game! I’m going to kill you!”
Then Hoffman pulled him/her off the ref, and Stevens escaped. I left the stadium
immediately thereafter at around 5:10. I know that was the time for sure because I was
going to take Charity and River to a rush-hour movie at the Bijou, and I checked my
watch to make sure I was not going to be late.
A couple of days later I heard about the murder on the news. The buzz around
town was that Morgan was the chief suspect, so I decided to go to the police station and
tell them what I’d seen at the game. I told Officer Hillenbrand everything I knew. I
didn’t lie to the officer, but I have to admit, I wouldn’t mind helping put Morgan behind
bars.
I remember a person named Evan Bailey. S/He rented an apartment from us
when I worked with Morgan. All s/he did was miss rent payments, and always claimed
that s/he would have the money soon. Eventually Morgan had to go over there and evict
him/her.
This statement was given under oath. The undersigned has had an opportunity to
read, review, and update this statement, and attests that this is a true and accurate
statement.
/s/ Robin Anderson
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 14
STATEMENT OF DETECTIVE A. LEE HILLENBRAND
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My name is Francis Lee Hillenbrand. I am currently a detective for the East
Arbor Police Department. I am thirty-six years old and have been involved in law
enforcement for fourteen years. I graduated from Miller College in 1993 with a degree in
Criminal Justice, and then I completed the one-year course at the Police Academy just
outside Peoria, Illinois. Eventually, I moved to Chicago to take a job as an officer with
the Chicago Police Department. I worked there for about four years, but I wasn’t really
ready for the big city. I saw crimes there that I don’t even want to think about – and it’s
hard to go after a lot of criminals because they intimidate the police force. Eventually I
couldn’t take it and I moved back to East Arbor and joined the force here. I was
promoted to Detective in 2004.
I am well-trained in several specific areas of law enforcement and have attended
specialized courses, both while I was at the academy and in training seminars that I have
participated in since moving to East Arbor. I have taken classes in crime scene
investigation and preservation and have received high honors in those classes. I have
also focused a large amount of my training on ballistics issues, and I review forensic and
ballistics reports on a regular basis as part of my job. Over the course of my career as a
police officer, I have testified in nearly two hundred cases.
I’ve known about Phillips ever since I moved back to East Arbor. S/He has been
in trouble with the police on a number of occasions. It seems like the police are
constantly being called in to break up a fight at a bar or at a Logan basketball game, and
Phillips always seems to be at the center of it. We have received complaints on a number
of occasions about his/her practices as a landlord in East Arbor. However, nobody has
ever brought a formal charge against Phillips. I think most people find him/her very
intimidating, and it doesn’t hurt that s/he is very well known and knows a lot of guys on
the force.
I was working the night of February 10, 2007. At 9:45 p.m., we got a call that
night that there had been a shooting in the alley just off Heathcoat Lane on the south side
of town. I arrived on the scene at 10:00. The paramedics were already there, and it did
not take them long to look at the body and make the determination that the victim was
deceased. After getting clearance from the coroner’s office and after numerous crime
scene photographs had been taken, I put on a pair of rubber gloves to examine the body.
By going through his wallet, I was able to identify the victim as Mitchell Stevens.
Through my investigation I learned that Stevens was a basketball referee who had
worked the Cross-Town Classic that afternoon. The body had two bullet wounds to the
chest. After my initial examination, I had the body taken to the coroner’s office for the
autopsy. I have reviewed the forensic laboratory report, which confirmed that the cause
of death was in fact two bullet wounds to the chest.
After examining Stevens’ body at the scene, I began questioning Evan Bailey.
Mr./s. Bailey found the body, and was very distraught when I spoke to him/her. I asked
him/her to tell me what s/he heard. S/He told me that s/he had arrived home that evening
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at about 8:45 and had seen someone in the alley smoking cigarettes. Bailey stated that
s/he took a nap, and was awoken by noise from the alley. S/He then described an
argument s/he heard about a basketball game, at which point s/he heard two shots,
followed shortly by a clunk on the back of his/her home. S/He told me that s/he did not
know who was screaming in the alley, but the voice sounded like one s/he had heard
before.
When I finished interviewing Bailey, I began to examine the scene. I found two
shell casings in plain sight within several feet of the body and took them into evidence. I
went to the area in the alley where Bailey had described seeing someone smoking. There
were a few cigarette butts lying on the ground in relatively clean condition. I concluded
from this that they had not been in the alley for very long. I examined the butts and took
them into evidence. I also went to examine the back of Bailey’s house, where s/he heard
the knocking noise. There was a window air conditioning unit sticking out of the window
that was difficult to see in the shadows. Underneath the unit I found a weapon, a 9-mm
handgun. I examined the gun, and found that the clip was missing two bullets. I placed
the gun in an evidence bag and sent it to the lab for testing and identification.
I spent the rest of the evening canvassing the neighborhood, looking for more
potential witnesses to the crime, but I did not find any. The next day I went to the
Sidearms Emporium, which is the only gun store in East Arbor, to see if I could find the
owner of the gun found in the alley. The store’s records indicated that the serial number
matched a gun that had been purchased by Morgan Phillips.
I returned to the station to verify this claim. In East Arbor, we require every gun
owner to register their weapons with the police department when they purchase their
weapons or when they move to town. We regularly maintain and update these records in
the course of our routine operations. I conducted a search for the serial number of the
weapon recovered at the crime scene. The report revealed that the gun with that serial
number belonged to Morgan Phillips, and that Phillips had reported the gun missing the
day of the incident.
Based on this evidence, Phillips immediately became the chief suspect. I decided
to head over to Phillips’ place to see if s/he would answer my questions. I arrived and
knocked on the door, and Phillips answered. S/He seemed a little sluggish, and s/he had
a black eye. I asked him/her if I could come inside and ask him/her a few questions.
S/He asked me about what, and I told him/her that there had been a murder in East Arbor
the night before and I thought s/he might be able to help. S/He asked me if s/he was a
suspect, to which I replied “No, not at this time.” Reluctantly, s/he let me inside.
I entered his/her living room and we sat down. I asked him/her about what s/he
had done the night before. S/He told me that after the basketball game s/he went out
shooting, and then over to Hoffman’s house for the evening to hang out. S/He said they
watched V for Vendetta. I asked him/her if s/he had left Hoffman’s house at any point, to
which s/he replied “Yeah, I think I might have left once to buy some cigarettes.” I asked
him/her where the cigarettes were purchased, and s/he told me at a convenience store on
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the south side of town. S/He told me that it was the only convenience store in town that
sold his/her favorite brand – Clarks. I thanked him/her for his/her time and left.
I headed to the convenience store immediately after the interview. It is located
just around the corner from the scene of the murder, almost within sight of the alley
where Stevens was shot. It is one of those small convenience stores that doesn’t sell gas
or anything – it’s just nestled within a strip mall there. The teller at the counter had been
there the night before, and was apparently at the tail end of a sixteen hour shift. I asked
her if she remembered Phillips coming in the night before, and she said she remembered
him/her coming in sometime after it got dark, but couldn’t remember anything more
specific than that. I showed her one of the cigarette butts from the scene of the crime,
and she immediately identified it as a Clarks cigarette by the logo on the filter. The
store’s surveillance system is fairly old, and the tapes are poorly labeled and categorized.
Because of the sheer amount of work involved in the review, I did not attempt to verify
this through the store’s surveillance camera.
The next day I was able to review the ballistics report on the murder. The report
indicated that the fatal bullets came from Phillips’ gun. The bullets entered the victim at
a slight downward angle, which may mean that the victim was on his knees when he was
shot. The gun was also covered in Phillips’ fingerprints, which we had on file at the
station, due to his/her numerous brushes with the law. We now had evidence that Phillips
was at or near the murder scene at the time of the killing, which was committed with
his/her gun. On the strength of this evidence, we obtained an arrest warrant for Phillips.
We arrested and searched him/her, and searched his/her home and vehicle. We took a tshirt and a pair of shoes into evidence. As indicated in the forensic laboratory report, a
test revealed that Phillips did have gunshot residue on his/her hands at the time of his/her
arrest. We found no additional evidence linking Phillips to the murder.
We questioned Phillips after his/her arrest, after s/he had been read his/her rights
and waived the right to an attorney. S/He told me that his/her gun had been stolen
sometime shortly before the murder, and that s/he had reported the missing gun that
evening. Our records verified that Phillips had reported the gun stolen at 5:45 p.m.
Phillips said that s/he received the black eye from falling down a set of stairs at
Hoffman’s house. S/He also told us that Pat Hoffman could back him/her up on the theft
of his/her gun and his/her alibi. We questioned Hoffman, and s/he told us that s/he had
been with Phillips the day of the murder, and that they had gone shooting that evening
but Phillips had been unable to locate his/her gun. S/He also told us that s/he
remembered Phillips going for cigarettes that night, and loaned him/her his/her car for the
ride. Hoffman could not remember what time Phillips left to purchase cigarettes.
A couple of days after Phillips was arrested, Robin Anderson came to the police
station to volunteer testimony about Phillips. S/He told us about the Cross-Town Classic
and Phillips’ threatening actions that day. I have reviewed the statement Robin Anderson
has given in this case, and it conforms to what Anderson told us in the station that day.
This was the final piece of the puzzle – the motive. Anderson asked if we thought we
had enough evidence to get Phillips, and when I replied that we had a lot of evidence
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against him/her, Anderson just smiled and left the station.
I have heard the theories that the murder of Stevens was mob related. I personally
think that the claim is ridiculous. While the Shapiro family does exist in East Arbor, I
see no motive they would have had for killing Stevens. I never pursued any evidence that
the murder may have been committed by a member of the Shapiro family during my
investigation.
I also remember being involved with another investigation a couple of weeks after
we arrested Phillips. The body of Eustace McGee, who everyone just called “Slinky,”
was found in the river just outside of town. At the time we found him in the river, he was
still alive, but he died later that day. McGee was a bookie who had been known to have
been involved with organized crime. He was killed by two gunshots to the chest, in a
pattern similar to Stevens. We have no suspects in his murder at this point.
This statement was given under oath. The undersigned has had an opportunity to
read, review, and update this statement, and attests that this is a true and accurate
statement.
/s/ A. Lee Hillenbrand
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STATEMENT OF EVAN BAILEY
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My name is Evan Bailey, and I am a twenty-six year old, unemployed, and living
in East Arbor, Michigan. I was born in Big Rapids, Michigan, and I came to East Arbor
when I was eighteen years old to study medieval literature at Miller College.
I only lasted two years at Miller. The classes were just so long and boring, and
the hours I had to put in at the library were dreadful. I don’t think I was really meant for
school – I got mostly C’s and D’s. After I dropped out of school, I was offered a job by
my good friend, Dave Yarborough. He owns the East Arbor Landscaping Company, and
owns a rental house on the South side of town. He told me I could cut grass for him part
time while I tried to find work. Before that, I rented an apartment from Cross-Tracks
Realty. Unfortunately, I quickly fell behind on rent at my apartment. One day Morgan
Phillips came over to my place and barged in screaming about the rent. S/He had that
bonehead Pat Hoffman with him/her. Phillips kept yelling that I needed to pay him/her
and threatening to hurt me. I told him/her I’d pay as soon as I could. I just don’t
understand why s/he had to be so rude, you know? A week later I came home to Phillips
and Hoffman throwing all of my stuff on the lawn outside my apartment complex. I
ended up moving into the rental Dave Yarborough offered. He’s been so good to me. I
cut grass part time to make ends meet, but I know my future lies in medieval literature.
I remember what happened on February 10, 2007. I got home that day at about
8:45 p.m. As I turned to walk down the alley to my place, I noticed that there was a
black SUV parked at the end of the street. This was odd to me because I walk around the
neighborhood every day and know everyone that lives here, and I’ve never seen that car
before. I was walking up to the house when I noticed someone in the shadows across the
way smoking a cigarette. I didn’t really get a good look at them, and I wasn’t very
interested in going over there to talk to them. I don’t know what kind of weirdoes hang
out in alleys. Also, on a couple of occasions I saw some thugs go into Stevens’
apartment, so I did not want to mess with anyone. I knew the men I saw were in the
Mafia because I saw their pictures in an article in the East Arbor Monitor about organized
crime and the Shapiro family. Instead of stirring up trouble, I just went inside to take a
nap.
I was awoken from my nap at about 9:30 p.m. by shouting out in the alley.
Someone was yelling about a basketball game, and eventually I figured out that they were
yelling about the refereeing in the Cross-Town Classic. Apparently the game was that
day; I never really got into sports in school. Everyone was always feuding in town about
that sort of thing, though – it was just like the Montagues and the Capulets. The voice
that was yelling sounded like Morgan Phillips, but I really couldn’t be sure. Anyway, the
person was shouting about the game that afternoon and yelled “How could you make
those calls!”
The screaming continued for a couple of minutes, then there was a moment of
silence, and then I heard two gunshots. I hit the floor and didn’t move until the coast was
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clear. While I was laying there, I heard a bump in back of the house, which made me
even more scared. A minute later I head a car screech away. After a couple minutes, I
finally got up enough guts to go outside.
I crept out the door slowly – I was still shaking with fear. I saw a body lying on
the ground in the alley, and as I got closer I realized that it was Mitch Stevens. I knew
him because the back entrance to his apartment was across the alley from my house. I’d
talked to him quite a few times out there, and knew him pretty well. He was lying face
down on the ground, and there was a puddle of blood pooling around his body.
I didn’t know if he was dead, so I called for help. Unfortunately, the phone in the
house had been shut off because I did not pay the bills, so I rushed out towards the street
to call for help. I got there yelling “Someone call 911!” I noticed that the black SUV
was gone. Well, someone must have called the cops because an ambulance showed up
along with a bunch of police officers. I’m not sure when that happened, because
everything seemed so surreal, it was hard to keep track of time.
One of the detectives, Hillenbrand, came over to question me at the scene. I told
him/her the story exactly like it happened. They told me I’d probably have to testify in
court.
This statement was given under oath. The undersigned has had an opportunity to
read, review, and update this statement, and attests that this is a true and accurate
statement.
/s/ Evan Bailey
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 20
STATEMENT OF MORGAN PHILLIPS
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My name is Morgan Phillips, and I am currently thirty-three years old, though I
was thirty-two when the incident in question occurred. I’ve lived here in East Arbor all
my life. One of my ancestors – Nathan Scott Phillips – actually helped found the town
years and years ago. The head of the family has always been one of the movers and
shakers around town.
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It was in college that I decided that there was an opportunity for me in real estate.
I figured that I knew most of the influential people on the north side of East Arbor – or at
least had gone to school with their kids – and also had good relations with most of the
town’s bankers, which was going to be necessary if I was going to make something
special happen.
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I also found my first business partner while I was in college. I had known who
Robin Anderson was for quite a while. I went to Logan, of course; Robin went to Miller.
It was one of those things where we had gone to competing schools while we were
growing up and our folks were in the same sorts of organizations, so we saw each other at
parties and such. So while we were acquainted with each other, it’s not like we were
friends or anything like that.
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But what became evident in college to me at least was that Robin was well
connected on the south side of East Arbor. S/He had the same sort of advantages that I
did on the north side in terms of social connections and the like. I knew there was an
opportunity there. I got my chance to pitch the idea to Robin in our junior year. The
colleges got together to try to calm things down after some unpleasantness the year
before. It was one of those stupid programs that administrators and politicians always
think will work but never do: workshops, lame motivational speakers, breakout sessions
where folks try to find common areas of interest, and everyone just sits around and agrees
with each other. There’s never been any kind of success to come out of one of those
programs ever – I knew that Miller fans were actual real human beings that had feelings
and all that before I even got there. I didn’t care then, and I don’t think I care now.
They’re Miller fans, and that’s all I need to know about that.
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Things went really well for Cross-Tracks Realty for quite a few years. Everything
pretty much went exactly as I had planned. We did both leasing and sales, and made
good money off of both. I concentrated a little more on the leasing side, while Robin
focused on sales slightly more. We worked hard, and succeeded because of it.
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Over the years, though, it became clear that Robin just wasn’t as much of a
money-maker as I was. It was pretty simple, really: when you broke down the numbers, I
did less sales work but made the same profit as Robin, and I made a ton more money than
s/he did at rentals. The problem was that Robin is too kindhearted. S/He would give
deadbeats who were behind in their payments extra chances to make good. Those kinds
of rejects never do make it up to you, though. You’re much better off just evicting them
and getting someone new to move in. Cut your losses and move on, I say. Robin didn’t,
and it showed in his/her bottom line.
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Robin got sensitive about this, and got stubborn when I tried to convince him/her
to think of the economics of the situation. One thing led to another, and Robin left CrossTracks. That was fine with me. I knew I could make a bunch more money after s/he left,
and I was right about that: my business is more profitable than ever. So I could deal with
him/her leaving. What I couldn’t put up with was Robin swiping my customer lists and
trying to steal my clients out from under me. I sued his/her worthless hide, and I won.
End of story.
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I certainly was at the Classic this last year. I haven’t missed one of them yet, and
I don’t plan to. My parents took me there when I was in diapers, so I’m not exaggerating
at all here. I went this year with my best friend Pat Hoffman. Since I’m the head of the
Logan University Basketball Boosters, I was able to get us tickets right on the aisle
dividing the two fan sections. I know Pat loves sitting right there, since s/he’s more
interested in the chanting and cheering than in the actual game itself.
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We were hosed this year though. It was a complete and total highway robbery.
Miller’s got this big thug as their center, a guy named Brookman. I mean, this guy is so
big and uncoordinated that it’s hard for him to get up and down the court without fouling
at least two or three of our guys.
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But did the ref call any of those fouls? No sir. He just let that oaf maul our guys:
elbows everywhere, bodies getting thrown around. I’m really surprised that no one got
hurt. Brookman was getting away with murder in there. The Miller coach isn’t a
complete idiot all the time, and even a kid as dumb as Brookman can figure out what he
needs to do when he can foul and get away with it. They just kept feeding him the ball,
he’d mug someone, and he’d score. Meanwhile, our kids were getting frustrated with all
the unfair calls, so they were taking bad shots to try to get the momentum back. But then
that thug would grab the rebound and draw a foul, and the whole thing would begin
again.
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I hate losing to Miller, but it’s a little better if we just get outplayed. But when
the idiot ref gives the game to them – I mean just hands it right over – I can’t stomach
that at all. If we’re going to get beat, I want them to earn it. You can ask anyone that was
there. The officiating was terrible.
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What I don’t understand is why it was so bad. I’ve seen Mitch Stevens referee
quite a few Logan games over the years, and he’d done a pretty good job. He blew a
couple calls here and there, but he’s human. Everyone screws up now and again. But
I’ve never seen him blow a game as badly as he did that night. He just consistently made
terrible calls, and all of them were in favor of Miller.
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I started wondering in the middle of the game if all those rumors about Stevens
were true. Somebody told me that Stevens was in some kind of financial trouble, and I
heard from somewhere else that he had been seen around the Shapiros. The Shapiros say
they help run the union over at the ShethCo factory, but no one asks them too closely
about that, you know?
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Anyway, Stevens was acting so fishy that I felt like I had to go down and ask him
about it after the game. So I did. I found him down by the scorer’s table after the game
ended, and I asked him what the deal was. He pretended he didn’t know what I was
talking about. I told him that he had blown not less than twenty or thirty calls in the
game, all in favor of Miller. He told me I was full of it, and that he didn’t like what I was
implying. I told him that I wasn’t implying anything, that I was saying it straight out. He
was a lousy ref and I wouldn’t be surprised if he had fixed the game. He started getting
angry at that – I guess he didn’t like that someone had caught him at his little game – and
started getting up in my face, trying to threaten me physically. I wasn’t putting up with
that, so I got right back up in his face. Things might have gotten really ugly if Pat hadn’t
grabbed me and pulled me away.
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I was still pretty mad after we left the game, what with the way we got robbed and
all, so Pat suggested that we go relieve some stress the way we normally do. I own a
tract of land outside of the city a ways that we use as a shooting range. You’re darn right
that I own a gun – it’s my right as an American, and I’m going to exercise my rights so
that no one takes them away from me. Pat and I take a few guns out there and take turns
firing each one at some hay bales we’ve set up.
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There was a little delay when we stopped by my place because I couldn’t find my
gun. I mean, a gun’s not something you want to lose, you know? Losing a gun isn’t like
losing your Lackluster Video card or something. I mean, these are dangerous
instruments. I couldn’t find the gun in any of the places I normally keep it, or in any of
the places where I could conceive I might have put it. This worried me, because I don’t
keep a trigger lock on the gun or keep it in a gun safe or anything. I have the thing for
self-defense – if someone barges into my house, I don’t want to have to fumble around to
find a key and then get to the safe and then unlock the trigger lock and then go about
taking care of the intruder. It’d be different if I had kids, I guess, but I don’t. What made
it even more frustrating was that I couldn’t remember the last time I had used it, so I
couldn’t even retrace my steps the last time I had it.
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Just to cover my tail, I called up the police department to report the missing gun.
I told them that it didn’t look like there was a break-in, but I wasn’t sure. It didn’t look
like anything else was missing, though. The cops blew me off, and told me in a
patronizing tone that they were going to file a report. I checked on the time when I called
in, just in case. It was 5:45 p.m. We stopped by Pat’s place to get a couple of his/her
guns instead. I was twice as mad now, what with losing the game and losing my gun, so
it felt good to get some stress relief out at the farm.
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We spent an hour or an hour and a half out at the farm. The target practice helped
blow off some steam, which was good, but I was still unhappy about the whole situation.
Pat wanted to grab some dinner and rent a couple movies, which was fine with me
because that meant I probably wouldn’t see any Miller fans who would rub the loss in my
face. We went to the Lackluster Video in town, and Pat rented three movies. I was in
there with him/her, of course, but I didn’t much care what we watched, so I just let Pat
pick. Pat was short of cash, like s/he normally is, so we used my credit card to rent the
videos.
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We immediately went over to Pat’s place and watched the first movie. I was only
kind of half paying attention, so I couldn’t really tell you what it was. Something about
some guy with a mask blowing up London, maybe? I know that Pat got all mad about it,
calling it a crime against cinema and a bad adaptation of the comic book and all sorts of
other things in that vein. It wasn’t our kind of movie, sure, but I don’t know that it was
“in violation of consumer protection laws” like Pat said.
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I had run out of smokes, so I took a break after that movie to go pick up some
more. My car was just about out of gas, so I asked Pat if I could borrow his/her Escalade
instead. S/He said sure, and tossed me the keys. There’s only one place in town that
carries the brand of cigarettes that I like – a convenience store on the south side – so I
went there to grab a couple packs of Clarks and then headed back. We watched the last
couple movies back at Pat’s. Pat fell asleep during the third one, so I just left after it was
done. I guess I tripped in the dark on the way out, whacked my head on the door, and got
a nasty shiner for my efforts. I don’t know if anyone saw me drive home from Pat’s
place.
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The next morning I woke up to the police at my door. They came into my living
room and asked me some questions and swabbed me for a couple tests. I answered
everything truthfully and they went away. A couple days later, the police brought me
into the station, questioned me about Mitch Stevens’ murder, and eventually arrested me.
Later on the police searched my place and took stuff they said was evidence. They say
they took an inventory, but I don’t believe them. I bet all sorts of stuff is missing that I
just haven’t noticed yet.
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I didn’t kill Mitch Stevens. I didn’t see him after I left the game. I wasn’t even
sure where Stevens lived when the police interviewed me, but as it turns out I rented his
apartment to him over on the south side of town. He always paid his bills, though, so I
didn’t have a problem with him. I don’t know who Evan Bailey is. It’s possible that I
rented a property to him/her and evicted him/her if s/he was a deadbeat, but I do that to a
lot of the garbage that tries to mooch off of me without paying.
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This statement was given under oath. The undersigned has had an opportunity to
read, review, and update this statement, and attests that this is a true and accurate
statement.
/s/ Morgan Phillips
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 24
STATEMENT OF CAMERON WOLFE
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My name is Cameron Wolfe. I am forty-seven years old and a resident of
Columbus, Ohio. I am the owner and president of Wolfe Investigations, Inc. We are a
private investigation firm that has become fairly specialized in criminal defense work.
There are two reasons for that specialization: I have a great deal of experience on the
other side of the situation, as I spent a couple of decades working for the Federal Bureau
of Investigations. I know police work, and I know when and how cops screw up their
detective work. The second reason we do defense work is that the prosecutors just don’t
need us – they’ve got the police to do all their detective work. There’s really only one
kind of market available to us. You do defense work, or you don’t do any work at all.
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I knew I wanted to be a cop since I was a kid. It can be hard sometimes to raise a
family on a beat cop’s salary, so I studied hard in high school and earned a full
scholarship to the University of Maryland. I graduated in 1984 with a bachelor of science
in psychology, and was immediately accepted into the FBI Academy. After graduating
from the program at Quantico, I was assigned to the Columbus Field Office in the
Organized Crime Division.
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This was around the time when the Bureau was getting serious about cracking
down on mobsters, and RICO was still being used to actually prosecute the Mafia. It was
an exciting time to be a young agent. Looking back, the best thing about it was that you
were forced to be a good cop because the Mafia had the best lawyers in the world. If you
screwed up they’d find it out, and they’d find a way to use it to get their clients off. It
was frustrating, sure, but we were probably better investigators for it. During my time in
that office, I participated in hundreds of successful prosecutions at all levels, from
serving as the lowest ranking agent on the squad to the agent in charge of the
investigation.
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I ended up focusing mostly on attempts to take down the Shapiro crime family.
The Shapiros are based out of Columbus, but more or less control everything in the upper
Ohio River Valley. They’re sort of sandwiched in between the areas controlled by the St.
Louis and the Pittsburgh families. They tend to do a lot of work with the unions, and as a
result are strong in states like Michigan where there is a large union presence. We had
our hands full just trying to keep them under control just in Columbus, let alone trying to
worry about their activities in the surrounding areas.
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Based on my experiences in trying to take down the Shapiro crime family, after I
left the Bureau I authored a well-received book called “Take the Gun, Leave the
Cannolis.” It was on the New York Times best-seller list for a month or two, and I got a
couple invites to appear on some talk shows. The book discussed the Shapiro crime
family and their routine practices, both in how they organized their crime syndicate, and
in how they carried on business on a day-to-day basis. My friends who were still in the
Bureau told me that the expose hit uncomfortably close to home for the Shapiros.
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I left the Bureau in 1999, not entirely of my own free will. I made a couple
mistakes in filling out some reimbursement for several months, and Internal Affairs
caught it and opened up an embezzlement investigation against me. This was just the sort
of thing that the people I was investigating in organized crime love to see, because they
can raise a big publicity stink and get a good agent fired. And that’s exactly what
happened. I think we could have worked out a deal where I quietly paid back the extra
money if the press hadn’t been involved, but as it was the Bureau conducted a formal
hearing and cited me for misappropriation of Bureau funds. I tried to work something
out, but the Bureau said it had no choice but to fire me for making false statements on
those reimbursement forms.
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The silver lining in the whole situation is that I got to start out on my own and
control my own destiny. Wolfe Investigations has a good name in the Columbus
community, and we are known for doing good work at a reasonable price.
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I became involved in this case when I read an article about it in the local
newspapers. East Arbor’s not too far away from Columbus, and this kind of a story – the
head of a college’s booster program arrested for allegedly killing a referee after a loss in a
rivalry game – was too juicy for the papers not to pick it up. The thing that piqued my
interest was the manner in which the referee had been killed – the double gunshot to the
chest is a signature of an execution by the Shapiro crime family.
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The law firm defending Morgan Phillips tracked me down and asked me if I had
heard of the case. I told them I had read about it in the newspapers, and asked them if
they had considered the possibility that it was actually a mob hit. When they told me
they hadn’t, they suggested that I come up and do a little investigating into the
possibility. I told them if I didn’t find anything, I wouldn’t charge them anything for my
time. They agreed, and retained my services.
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I drove up and reviewed the police reports related to the incident, which in this
case included the Forensic Laboratory Report dated February 13, 2007; the Official
Police Report dated February 10, 2007; the Police Investigation Report dated February
10, 2007; and the Registered Weapon Database Search dated February 11, 2007. I have
reviewed many hundreds of similar police reports during my time at the Bureau and
continue to do so in my routine and ordinary business as a private investigator.
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As I suspected, this killing was extremely similar to the typical Shapiro execution.
The fact that convinced me was the statement in the ballistics report that both shots
entered at a downward angle. In my experience, generally in these kinds of situations,
the victim is made to kneel – to beg for their life – and the mobster fires down for the
execution. In non-organized crime situations, the angle of entry is either flat or slightly
upward, since the killer’s gun is below chest level. In most cases the Shapiros prefer to
use stolen weapons to carry out these executions, since they are more difficult to trace to
the shooter.
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This was suspicious enough for me that I did some further investigation into
Mitch Stevens’ life. After talking to several of his friends and acquaintances, I
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 26
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determined that Stevens had something of a gambling problem. He made regular trips to
Las Vegas, and routinely made large numbers of wagers on sporting events over the
internet. Evidently his luck had turned bad over the last few months of his life, and he
kept making bigger and bigger bets to try to get back to even. Predictably, it didn’t work.
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I located the local bookie, a nervous customer by the name of Slinky McGee. The
first time I met him, he didn’t want anything to do with me – he was convinced that I was
a cop, or was going to rat him out to the cops. I tried to convince him otherwise,
explaining I was curious about a link between the Shapiros and Stevens, but that didn’t
reassure him.
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A couple of days later I heard on the local news that there had been another
shooting and that this time the victim was the “notorious local Eustace McGee, otherwise
known as Slinky.” The radio report said that McGee was in critical but stable condition
at the local hospital.
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I headed over there to see if I could speak to him. Evidently he had also taken
two bullets to the chest. It hadn’t killed him off immediately, but there was plenty of
internal damage for him to worry about. He appeared to be lucid when I went to speak
with him. He told me he was sure he was going to die any minute, and said he wished he
had never gotten mixed up with Stevens and the Shapiros. I asked him what he meant by
that, and he said he had been shot because the Shapiros thought he was working with
Stevens. I asked him to explain further.
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He said that Stevens had come to him and placed a huge bet on Miller to win the
game. This sort of thing happened all the time, evidently. McGee said he didn’t know
who Stevens was – otherwise he never would have taken a bet from the referee of the
game. McGee said that at about 8:15 p.m., Stevens had come back to redeem his betting
slip, and appeared to be in an elated state. McGee said he asked Stevens why he was so
happy, and Stevens told him that he had just pulled a fast one on the Shapiros. Stevens
said he was deeply in debt to the Shapiros, and they had approached him to offer him a
deal: throw the game in favor of Logan, and they’d be even.
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McGee said that Stevens told him that he’d agreed to do that, but then decided to
double-cross the Shapiros by placing a huge bet on Miller and throwing the game the
other way. Stevens said he was going to take his money and disappear. McGee said that
he paid off Stevens. He then said that a couple days later, someone from the Shapiros
showed up and started threatening him about being in cahoots with Stevens.
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McGee said he had kept Stevens’ betting slip to confirm his story and prove to the
Shapiros that McGee wasn’t running a scam. He said that the Shapiros didn’t believe
him, and that I was welcome to take the slip from the pocket of his jacket, which was
hanging in the room. I fished around in his jacket pocket, and grabbed a little piece of
paper. I showed it to McGee, and he confirmed that I had taken the proper slip.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 27
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I asked McGee who shot him. He started breathing heavily, gasping for breath. I
leaned in close to hear him, and he hissed something that may have been the start of
“Shapiros.” Before he could get anything else out, his heart monitors started flat lining,
and nurses and doctors rushed into the room and kicked me out. I hear he died a couple
hours later. I didn’t feel safe in the town after that, so I left as soon as I could. Later I
was able to review the police reports related to Slinky’s death.
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It is my opinion that Stevens died from a mob execution. I think that someone
from the Shapiro family caught up with Stevens as he was getting ready to leave town,
and murdered him in that alley. Unfortunately, I had to flee town before I could
determine how the Shapiros were able to obtain Phillips’ gun, and the local police never
investigated the possibility. On one hand, it’s hard to fault Officer Hillenbrand – s/he
doesn’t have the knowledge, experience, or training to recognize or deal with an
organized crime case like this. But on the other hand, it would be a serious miscarriage
of justice if Officer Hillenbrand’s shortcomings meant that an innocent person went to
jail.
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My billing rate for this case has been $150 an hour plus expenses, which is both
reasonable and competitive in the Columbus marketplace. I am also charging $1500 a
day to testify in court. Prior to my appearance at trial, I will have invoiced Phillips $7000
for my services. I do not expect to charge anything beyond that amount before trial.
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This statement was given under oath. The undersigned has had an opportunity to
read, review, and update this statement, and attests that this is a true and accurate
statement.
/s/ Cameron Wolfe
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 28
STATEMENT OF PAT HOFFMAN
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My name is Pat Hoffman and I am thirty-two years old. I'm a lifelong resident of
East Arbor, and if I have my way, I'll always live here. I'm not too sure that'll happen,
though – what with the economy the way it is these days and the politicians and big
businessmen shipping all them jobs out of the country, I don't think that the factory will
be open a couple years from now.
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Like I said, I work at the ShethCo factory on the packing line. It ain’t a heavy
duty job, and it sure ain’t a mentally-challenging job, but I ain't exactly an intellectual,
neither. I don't really know what them doohickeys is used for, but Morgan says that
they're some important part of some other kind of factory machinery. So I make
machines that make machines, I guess. I don’t know.
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But I bet Morgan does know for sure. S/He's always been the smart one. I been
friends with him/her since elementary school, really. Heck, I'm not even sure I would
have made it through high school without Morgan helping me out with my homework.
But that's the thing about Morgan: s/he's loyal to his/her friends. If you stand by Morgan,
Morgan will stand by you.
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Seeing as how I just barely made it through high school, I knew college wasn't for
me. I started work at the plant right after we graduated back in 1993.
Morgan going
to college didn't affect our friendship none. We ended up living together off campus for
three years. I had to get out of my old man's house, and Morgan hated the dorms, and
when we pooled our money together we usually found that we had enough to pay rent
each month. I don't really remember much of the specifics. Morgan would just tell me
what to do and how much to pay, and I'd do it. It was easier than trying to figure it out
for myself.
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Anyway, it was probably around that time that Morgan stopped being a plain old
fan of the basketball team and became ... well, I don't want to say obsessed with the team,
but that's how plenty of other people have described it. People still talk about how
Morgan was the most enthusiastic equipment manager the team ever had. S/He was
always the first to cheer the players or heckle the other team or boo the ref, all while
taking care of the water and the towels and that sort of thing. Morgan kind of became the
unofficial mascot for the Chargers.
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Course, s/he took it a little overboard sometimes. I remember a couple games I
was at where Morgan had to be held back so s/he wouldn't go after one of the refs after a
bad call. Or s/he'd get into a big old argument with the other team's bench. Things
always got a bit more intense at the Cross-Town Classic, too. I mean, you all remember
the big to do at the 1995 game that Morgan got into with that Robin Anderson character,
right? I still don't know how they ever went into business together. It sure seems like
they hated each other from day one, and it ain't like things have gotten better since then.
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Yeah, I was at the Cross-Town Classic this year. I went with Morgan, just like I
always do. S/He's the head of the Logan University Basketball Boosters, so his/her seats
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 29
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are always great. I've actually attended most of the games with Morgan over the last few
years in these seats – I can count on one hand the number of home games I've missed.
This time we had seats right on the dividing line, and that's always a trip.
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I guess the refereeing was bad that night, just based on some of the chants I
remember going around. I don't know if Morgan was chanting, too – my guess is that s/he
wasn't, just cause s/he never does at any of the games.
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So the game ended and we lost. I don't know by what score, but the important
thing is that we lost. I was sitting there trying to figure out how I was going to deal with
the Miller jerks at the plant on Monday, and we're getting all sorts of trouble from the
Knights fans sitting on the other side of the Line. I can’t stand them folks from the south
side of town. Far as I’m concerned, if you live south of the tracks, you don’t deserve to
live in East Arbor at all. I mean, you got to have some standards, right? I got up and was
fixing to give them a piece of my mind – I mean, really lay into them – when I noticed
that Morgan wasn't there no more.
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I saw him/her out of the corner of my eye, marching onto the court right toward
the head ref of the game. Well, I tell you what, I took off down them stairs after
Morgan. I know that s/he gets a little excitable in these kinds of situations, and I didn't
want nothing to happen.
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Don’t get me wrong, now. For all the spots of trouble Morgan and me have
gotten into over the years, I ain’t never seen Morgan throw a punch at another person.
S/He talks a big game and I know s/he’s got a bad temper, but it’s my job to settle the
situation, which more often than not is to talk Morgan down. I don’t want to think about
what might happen if I wasn’t around when Morgan gets into one of them moods. I
mean, Morgan gets a bad rap when s/he goes around to evict those deadbeats, but she
doesn’t do nothing wrong when s/he gets there. Morgan don’t want that lawsuit, so s/he
never crosses the line. At least while I’m there, anyway.
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By the time I got down there, Morgan had his/her finger up in the ref's face and
was screaming about how the ref had screwed up the most important game of the year.
Morgan was just going to town on this guy. Just to prevent things from going any
further, I grabbed Morgan by the arm and hauled him/her off the court.
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I noticed a couple of security people giving us the old stinkeye, so I got us out of
the building lickety-split. No one came after us or yelled at us or nothing, so I figured
they didn't think it was a big deal. If I'm in charge of security or a cop or whatever, and
I'm on duty at the game and see someone getting in the ref's face, I'm going to go check
them out, you know what I mean? I reckon since they didn't, it meant that it wasn't a big
deal or it happened all the time or something like that. Anyway, aside from a dirty look
or two, them rent-a-cops didn't do nothing.
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But I hustled Morgan out of there, just in case. S/He was still steamed about the
game, so I suggested what I normally do in situations like this: go fire off a couple rounds
out at the old Buckhold place. It was going to be a little cold, sure, but ain’t nothing
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 30
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beats the stress relief you get from squeezing off a couple shots at a tin can. Nobody gets
hurt, and you feel like a new person afterwards. God bless the Second Amendment.
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We ran into a bit of a problem when we swung by Morgan’s place. Turns out s/he
had misplaced his/her gun, which ain’t a smart thing to do. We looked around for it for a
while, but I could tell it was just making Morgan angrier, so I told him/her to cut bait on
it and we’d use a couple of mine. S/He could come back and look for it later. Morgan
agreed, but called the cops first about the gun. I don’t know what they said to him/her,
but Morgan was even madder after s/he hung up. I bet they wasn’t taking Morgan
seriously – s/he says they always blow him/her off.
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We was out at the farm for maybe an hour or so, and I felt a whole mess better
afterwards. We talked out the whole situation some, and I think I calmed him/her down a
touch. S/He was still steamed, but seemed more focused about it now, like s/he had a
plan on how to deal with it or something.
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As we pulled out of the farm, I said we should go rent a movie or two and kill the
rest of the evening that way. I was a little short on cash then, because payday wasn't until
the end of the month, so this was a good cheap option. Plus it didn't involve any more
drinking – I'd already had more than enough that day. This sort of thing seems to calm
Morgan down, too. S/He can lose him/herself in the movie, and kind of forget what
happened at the game, I guess.
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We decided on renting V for Vendetta and a couple other flicks. V for Vendetta
had come out for rental months beforehand, and I like action flicks but I hadn't gotten to
see it because it didn't play at the Bijou, our movie favorite theater here in East Arbor.
So we rented that, and headed back to my place to watch it. Let me tell you, though – it
was a terrible, terrible mistake, because that movie was maybe the worst picture I've ever
seen. It started off good, but then got all weird and I didn’t get the ending. I mean, I
guess there was a silver lining because at the end, Morgan was so mad at how bad the
movie was that s/he kind of forgot about the game.
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After the movie ended, Morgan said s/he needed some smokes, so s/he offered to
go fill up Bessie at the gas station down the block. Bessie's my ride – she's a black
Escalade, and she drives like a dream, but she guzzles that gas something fierce. Since
Morgan was buying, I said to go right ahead. Morgan was gone, I don't know, maybe ten
or fifteen minutes or so. Probably not longer than that. I didn’t really look at a clock,
and I had poured myself a stiff one or three to deal with the movie and the game and the
lost gun and everything.
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I can prove that this all happened, though. I kept the receipt from Lackluster
because I wanted to get my money back since the movie was so horrible. That there
receipt's got the date and the time and everything stamped right on it, so you can see that
we was there.
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As far as I know, no one else saw me and Morgan that night after we left
Lackluster, unless someone saw Morgan when s/he went out to pick up his/her smokes.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 31
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After Morgan got back, we popped in another movie. I forget which one. I guess I fell
asleep in there sometime, because when I woke up the next morning, the TV was off, the
tapes was rewound, and Morgan was gone.
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It's true that I'm thinking about buying up a duplex from Morgan, sure. It's also
true that s/he's offering me a rock bottom price, and that s/he first brought it up in early
March, though I don't see how that's any business of yours. If I'm getting a sweetheart
deal out of it, that's just because Morgan's a good friend. Lord knows I've helped him/her
out enough times kicking deadbeats out of his/her apartments. Look, if you do Morgan a
favor, s/he'll take care of you right back. That's what friends are for, right?
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This statement was given under oath. The undersigned has had an opportunity to
read, review, and update this statement, and attests that this is a true and accurate
statement.
/s/ Pat Hoffman
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 32
EXHIBIT 1
MICHIGAN STATE POLICE
CRIME LABORATORY DIVISION
An ASCLD Accredited Laboratory
Forensic Laboratory Report
Lab Number: L-140759
Date Rec’d: 02-12-07
Time Rec’d: 1205
Received From:
Police Department
Telephone #:
555-5776
Location:
East Arbor, MI
Date of Crime:
02-10-07
Type of Crime:
Homicide
Delivered By:
Detective A. Lee Hillenbrand
Agency Report #:
C97-2923
Container(s):
See Below
Type of Examination(s):
Prints (Process, Latents, 10-Prints)-Firearms Id. –Ballistics
Analysis
* * * * * * * * * * * (Names and possible association to case) * * * * * * * * * * *
Stevens, Mitchell, deceased
Phillips, Morgan
VICTIM
SUSPECT
* * * * * * * * * * * * (Description of Evidence) * * * * * * * * * * * * * * * *
CONTAINERS:
1.
One sealed box containing:
A.
One 9-mm Smith and Wesson VIII series handgun, serial number
T223l4.
B.
One sealed plastic bag labeled “spent cartridges” containing two
cartridges retrieved from the scene of the crime.
2.
One sealed manila envelope containing several unused bullets retrieved from the
residence of Morgan Phillips.
3.
One sealed plastic bag containing 10-prints and palm prints of Mitchell Stevens.
4.
One sealed plastic bag containing 10-prints and palm prints of Morgan Phillips.
5.
One sealed plastic jar containing two metal fragments taken from the body of
Mitchell Stevens.
6.
One sealed plastic tube containing two specimens of blood labeled “Mitchell
Stevens”.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 33
7.
One sealed plastic tube containing two specimens of blood labeled “Morgan
Phillips”.
8.
One sealed manila envelope labeled “Logan T-shirt”.
9.
One sealed paper bag labeled “Phillips’ Footwear” containing:
A.
One Adidas, right sneaker.
B.
One Adidas, left sneaker.
10.
One sealed manila envelope containing one gunshot residue kit taken from
Mitchell Stevens.
11.
One sealed manila envelope containing one gunshot residue kit taken from
Morgan Phillips.
12.
One sealed plastic bag containing one sealed cardboard box containing four
cigarette butts.
13.
One sealed plastic bag containing a blue collared shirt worn by Mitchell Stevens
at the time of the shooting.
* * * * * * * * * * * * (Other Evidence Reviewed) * * * * * * * * * * * * * * *
14.
The body of Mitchell Stevens.
15.
Crime scene photographs taken by A. Lee Hillenbrand.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 34
MICHIGAN STATE POLICE
CRIME LABORATORY DIVISION
An ASCLD Accredited Laboratory
Forensic Laboratory Report
LABORATORY NUMBER: L-256016
SUBMITTING AGENCY:
TYPE OF CRIME:
DATE OF CRIME:
LOCATION OF CRIME:
ASSOCIATED NAME(s):
East Arbor Police Department
Homicide
February 10, 2007
East Arbor, MI
Stevens, Mitchell, deceased (victim)
Phillips, Morgan
FIRST REPORT OF THIS CASE
PRINT PROCESSING EXAMINATIONS:
Two sets of latent fingerprints were found on the item in Specimens 1A. One set of
fingerprints was consistent with the prints of Morgan Phillips found in Specimen 4. The
other set is unidentified.
No latent prints of value were developed in the items submitted in Specimen 12.
CIGARETTE EXAMINATION:
The material in Specimen 12 is tobacco. The design on the cigarette butts and the type of
tobacco found in the cigarettes was consistent with the brand “Clarks.” Unfortunately,
the state of the Specimen was such that no DNA evidence could be recovered.
FIREARM IDENTIFICATION AND IMPRESSION EXAMINATIONS:
The Specimen 1A handgun was examined and test fired. Two sets of sample bullets were
used: one set provided by the police department, and one recovered from Morgan Phillips
home as Specimen 2. All bullets were the brand “Winchester.”
The metal fragments of Specimen 5 were each found to be in damaged and distorted
conditions, and had minor rifling engraving. However, despite the damage, testing of the
handgun indicated that the metal fragments taken from the body of Mitchell Stevens were
highly likely from the Specimen 1A handgun.
Comparisons revealed characteristic agreements indicating the two expended cartridge
cases of Specimens 1B were likely fired in the Specimen 1A revolver.
The athletic type shoes of Specimen 9 were examined and compared to the partial
footwear-like impressions observed in the pictures of the scene of the crime in Item 15.
Similarities in class characteristics indicate some of the impressions could have been
made by the Specimen 9 shoes, however, there were so many footwear impressions at the
scene that no formal conclusion could be made.
SEROLOGY EXAMINATIONS:
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 35
Human blood was detected on the T-Shirt in Specimen 8 and the shoes in Specimen 9.
Comparison of the enzyme types of the whole blood standards of Mitchell Stevens
(Specimen 6) and Morgan Phillips (Specimen 7) resulted as follows:
Two types of blood were found on the T-shirt (Specimen 8). DNA testing
indicated that one of the types of blood was consistent with Morgan Phillips.
The other type of blood was limited in amount and could not be tested for
consistency with the blood of Mitchell Stevens.
There were two types of blood on the shoes (Specimen 9), and DNA testing
indicated that one of the types of blood was consistent with Morgan Phillips.
The other type of blood was not consistent with the blood of Mitchell Stevens or
Morgan Phillips and could not have come from either individual.
The occurrence of the DNA patterns of the blood found that was consistent with Morgan
Phillips has an approximate frequency of one in 50,000,000,000 in the general
population.
Blood was not detected on the handgun (Specimen 1A).
TOXICOLOGY EXAMINATIONS:
The blood from Specimen 6 contained a relatively high amount of alcohol, resulting in
approximately a .11 blood alcohol content.
The blood from Specimen 7 contained very little alcohol, resulting in approximately a .01
blood alcohol content.
TRACE EXAMINATIONS:
Analysis of the residue kit (Specimen 10) taken from Mitchell Stevens confirmed the
presence of gunshot residue.
Analysis of the residue kit (Specimen 11) taken from Morgan Phillips confirmed the
presence of gunshot residue.
Two bullet holes were present in the shirt of Specimen 13 taken from Mitchell Stevens.
Examination of the bullet holes as well as the gunshot residue concentration and patterns
indicates that Mitchell Stevens was shot from a distance of approximately two feet.
BALLISTICS ANALYSIS:
An examination of the body of Mitchell Stevens (Specimen 14) was conducted at the
Medical Examiners office. Stevens had two gunshot wounds to the chest, and two metal
fragments were found in his body (Specimen 5). The gunshots were the cause of death.
The angle of entry of the bullet wounds in Stevens’ body show a downward angle,
meaning that at the time the weapon was fired, it was at a higher elevation than the bullet
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 36
wound entry location. The angle of entry was thirty degrees from the horizontal. This
entry angle is consistent with a kneeling victim and a standing shooter.
“The undersigned, do and hereby certify that the above and foregoing is a true accurate copy of
the results of Lab tests conducted.”
Signed this
12
day of February
, 2007.
/s/ Brittany Savabi
Brittany Savabi - Lab Technician
/s/ Mariam Harris
Mariam Harris - Medical Examiner/Criminalist
PLEASE REFER TO THE ABOVE MICHIGAN STATE POLICE CRIMINAL
LABORATORY NUMBER FOR ALL CORRESPONDENCE AND SUBPOENA
INFORMATION REGARDING THIS CASE.
The specimen(s) submitted should be picked up as soon as possible.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 37
EXHIBIT 2
MICHIGAN STATE POLICE
CRIME LABORATORY DIVISION
An ASCLD Accredited Laboratory
Forensic Laboratory Report
Lab Number: L-140761
Date Rec’d: 02-24-07
Time Rec’d: 1215
Received From:
Police Department
Telephone #:
555-5776
Location:
East Arbor, MI
Date of Crime:
02-22-07
Type of Crime:
Homicide
Delivered By:
Detective A. Lee Hillenbrand
Agency Report #:
C97-2925
Container(s):
See Below
Type of Examination(s):
Ballistics Analysis
* * * * * * * * * * * (Names and possible association to case) * * * * * * * * * * *
McGee, Eustace, deceased
VICTIM
* * * * * * * * * * * * (Description of Evidence) * * * * * * * * * * * * * * * *
CONTAINERS:
1.
One sealed plastic jar containing two metal fragments taken from the body of
Eustace McGee.
* * * * * * * * * * * * (Other Evidence Reviewed) * * * * * * * * * * * * * * *
2.
The body of Eustace McGee.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 38
MICHIGAN STATE POLICE
CRIME LABORATORY DIVISION
An ASCLD Accredited Laboratory
Forensic Laboratory Report
LABORATORY NUMBER: L-256018
SUBMITTING AGENCY:
TYPE OF CRIME:
DATE OF CRIME:
LOCATION OF CRIME:
ASSOCIATED NAME(s):
East Arbor Police Department
Homicide
February 22, 2007
East Arbor, MI
McGee, Eustace, deceased (victim)
FIRST REPORT OF THIS CASE
FIREARM AND FRAGMENT IDENTIFICATION:
The metal fragments of Specimen 1 were each found to be in damaged and distorted
conditions, and had minor rifling engraving, indicating they were bullets. Based on the
size and shape, they are likely 9-mm bullets.
No weapon was provided and thus no determination is made with regard to firearm
identification.
BALLISTICS ANALYSIS:
An examination of the body of Eustace McGee (Specimen 2) was conducted at the
Medical Examiners office. McGee had two gunshot wounds to the chest, and two metal
fragments were found in his body (Specimen 1). The gunshots were the cause of death.
The angle of entry of the bullet wounds in McGee’s body show a slightly downward
angle, meaning that at the time the weapon was fired, it was at a higher elevation than the
bullet wound entry location. Examination of the bullet holes as well as the gunshot
residue concentration and patterns indicates that Eustace McGee was shot from a distance
of approximately two feet.
[THE REST OF THIS PAGE HAS DELIBERATELY BEEN LEFT BLANK]
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 39
“The undersigned, do and hereby certify that the above and foregoing is a true accurate copy of
the results of Lab tests conducted.”
Signed this
26
day of February
, 2007.
/s/ Brittany Savabi
Brittany Savabi - Lab Technician
/s/ Mariam Harris
Mariam Harris - Medical Examiner/Criminalist
PLEASE REFER TO THE ABOVE MICHIGAN STATE POLICE CRIMINAL
LABORATORY NUMBER FOR ALL CORRESPONDENCE AND SUBPOENA
INFORMATION REGARDING THIS CASE.
The specimen(s) submitted should be picked up as soon as possible.
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 40
EXHIBIT 3
EAST ARBOR POLICE DEPARTMENT
Official Police Report
2-10-2007
Initial Time of Report: 17:45
Case Number:
05-89763
Receiving Officer:
Jeffrey Pusczek
______________________________________________________________________________
SUMMARY OF REPORT
A phone call was received at approximately 17:45 from Morgan Phillips, a resident of East
Arbor, Michigan. Phillips notified the Department that he believed that his/her handgun, a 9-mm
Smith and Wesson, had been stolen from his/her residence. The East Arbor Registered Weapons
database indicates that the serial number of Phillips’ weapon is T22314. An Officer Crump was
dispatched to Phillips’ residence to investigate.
/s/ Jeffrey Pusczek
Jeffrey Pusczek - Officer
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 41
EXHIBIT 4
EAST ARBOR POLICE DEPARTMENT
Police Investigation Report
2-10-2007
Time of Commencement of Investigation:
20:00
Case Number:
05-89763
Investigating Officer:
Gabriel Crump
______________________________________________________________________________
SUMMARY OF INVESTIGATION
A phone call was received at approximately 5:45 p.m. from Morgan Phillips, a resident of East
Arbor, Michigan. Phillips notified the Department that he believed that his/her handgun, a 9-mm
Smith and Wesson, had been stolen from his/her residence. The East Arbor registered weapons
database indicates that the serial number of Phillips’ weapon is T22314. I arrived at Phillips’
residence at 20:30 to investigate, but Phillips was not home. At 22:15, this officer learned that
Detective Hillenbrand had located the 9-mm with serial number T22314 at a location just off
McClellan Lane.
Investigation closed.
/s/ Gabriel Crump
Gabriel Crump - Officer
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 42
EXHIBIT 5
EAST ARBOR POLICE DEPARTMENT
East Arbor, Michigan Registered Weapon Database
2-11-2007
Time of Search:
12:53
Case Number:
05-89764
Requesting Officer: A. Lee Hillenbrand
______________________________________________________________________________
SEARCH PARAMETERS: “Serial Number=T22314”
RESULTS
Name:
Weapon Type:
Morgan Phillips
Handgun
Make and
Model:
Smith and
Wesson VIII
series handgun
Serial Number:
Other:
T22314
Reported Stolen:
2-10-2007 (Case
No. 05-89763)
Recovered at
Crime Scene
(Case Number
05-89764)
This report is an official report of the East Arbor Police Department under local ordinance No.
4132. Ordinance 4132 requires all residents of East Arbor, Michigan who own weapons to
officially register those weapons with the East Arbor Police Department.
/s/ Peter Griffin
Peter Griffin – Custodian of Records, East Arbor Police Department
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 43
EXHIBIT 6
CUSTOMER COPY
LACKLUSTER VIDEO
2348 Beauregard Blvd.
East Arbor, MI
(555) 555-5309
Register 1
2/10/2007 7:45:26 PM
Acct:
Hoffman, Pat
V for Vendetta
The Notebook
Bridges of Madison County
$3.00
$2.00
$2.00
Sub Total
Discounts
Tax
Total
$7.00
$0.00
$0.46
$7.46
VISA
#XXXXXXXXXXXX3694
PHILLIPS MORGAN J
Exp: 0209
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 44
EXHIBIT 7
Peckham
Logan
$300
Manuel
Miller
$500
Pierce
Logan
$150
M. Stevens
Miller
$10K
Boyer
Logan
$1K
Nilsen
Logan
$750
Aussieker
Logan
$3K
2008 Michigan High School Mock Trial Tournament CASE MATERIALS Page 45