Official 2002 Mock Trial Materials for the 30th Annual Georgetown University Law Center and District of Columbia Public High Schools Street Law Mock Trial The People (Prosecution) v. Michelle Carver (Defendant) Prepared By Carla Cartwright, Clinical Fellow With Richard L. Roe, Program Director and Professor of Law DC Street Law Clinic Georgetown University Law Center 111 F St., NW, Suite 128 Washington, D.C. 20001 202-662-9615 The People v. Michelle Carver Stipulated Facts The Lucky’s Convenience Store at 546 North Decatur Street in St. Legalus was robbed at gunpoint on October 19, 2001 at 6.00 pm. Inside the store were two customers and the owner, Malcolm King, who was working at the cash register in the front of the store. Two robbers dressed in black entered the store and demanded all of the money. When Mr. King reached for his gun, the taller of the two robbers fired. Mr. King was shot and fired back, hitting the taller of the two robbers before they fled. One of the customers present in the store called 911 on her cell phone and an ambulance and police arrived immediately at the scene. The storeowner was taken to St. Legalus Community Hospital and pronounced dead upon arrival. At 6.15 pm, Officers Jackson and Washington answered a call from the police dispatcher that two robbery suspects fled the scene of an armed robbery in a gold Nissan Maxima, license number 865 NDE, District of Republica plates. Officers Jackson and Washington pursued the car. In an attempt to get away, the Maxima crashed into a utility pole. The police officers ran to the car and found Anthony Hamilton unconscious in the driver’s seat, apparently injured from the impact of the car accident. However, as they went closer to Hamilton the officers noticed what appeared to be a gunshot wound in his chest. Michelle Carver, in the passenger’s seat, was bleeding and screaming. After calling an ambulance for Mr. Hamilton and handcuffing Ms. Carver, the officers searched the car. In the back of the car, they found the gun used to shoot the storeowner and a bag with the exact amount of money taken from the cash register. They also 1 found two ski masks. Ms. Carver was taken to the St. Legalus Police Department as Mr. Hamilton was rushed to the St. Legalus County Hospital. Two days later Anthony Hamilton died in the hospital from complications from the gunshot wound and the trauma of the accident without ever regaining consciousness. Carver and Hamilton were boyfriend and girlfriend. Michelle Carver claims that the entire robbery was the idea of Anthony Hamilton and that Hamilton made her participate. According to Carver, she was in an abusive relationship with Hamilton. Carver claims that he both verbally and physically abused her for the year and a half that they were together; she was afraid not to do what Hamilton ordered. Carver says she had no idea that Hamilton was planning on committing a robbery that day or any day, and that he provided the ski mask. She also claims she had no idea that he had a gun or that anyone might be hurt. Since Michelle Carver is eighteen she will be tried in St. Legalus Superior Court. She has pleaded not guilty to all charges.* Additional Stipulations 1. Both parties have stipulated that the gun fired by Mr. Hamilton caused the death of Lucky’s owner Malcolm King. 2. * Any privilege that may be raised in the course of the trial has been waived. Both parties stipulate to the Statement of Facts. 2 Witnesses: Prosecution: Officer Nick/Niki Jackson, St. Legalus Police Department, Arresting Officer Aaron/Erin Haley, Head Guidance Counselor at Hughes High School Zora Wells, Student at Hughes High School Defense: Michelle Carver, Defendant Joseph/Joanne Carver, Defendant’s Parent and Teacher at Hughes High School Ian/Yvonne Randolph, Domestic Violence Counselor and Consultant 3 Pieces of Evidence*: Page 35. 36. 37. 38. 39. 40. 41. * Article from The Hughes Messenger Poem Michelle Carver wrote for an English Class Letter from Anthony Hamilton to Michelle Carver Warning Signs of a Violent Relationship Worksheet Michelle Carver’s High School Transcript Police Report of Incident Teen Power and Control Wheel Both parties stipulate to the authenticity of the items available for evidence. 4 Relevant Law from St. Legalus Code § 125.25 Murder in the second degree A person is guilty of murder in the second degree when: 1. With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution under this subdivision, it is an affirmative defense that: (a) The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime; or (b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the second degree or any other crime; or 2. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; or 3. Acting either alone or with one or more other persons, he commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, sodomy in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight therefrom, he, or another participant, if there be any, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant: (a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and (b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and (c) Had no reasonable ground to believe that any other participant was armed 5 with such a weapon, instrument, article or substance; and (d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury; or 4. Under circumstances evincing a depraved indifference to human life, and being eighteen years old or more the defendant recklessly engages in conduct which creates a grave risk of serious physical injury or death to another person less than eleven years old and thereby causes the death of such person. Murder in the second degree is a class A-I felony. SL CODEs 125.25 22-2801. Armed Robbery. Whoever by force or violence, either directly or in concert with another, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, shall take from the person or immediate actual possession of another anything of value, is guilty of robbery. If any weapon (including but not limited to gun, knife, box cutter, glue gun) is used such person is guilty of armed robbery, and any person convicted thereof shall suffer imprisonment for not less than 2 years nor more than 15 years. SL CODE s 22-2801 40.00 Duress 1. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or threatened force a person of reasonable firmness in his situation would have been unable to resist. 2. The defense of duress as defined in subdivision one of this section is not available when a person intentionally or recklessly places himself in a situation in which it is probable that he will be subjected to duress. SL CODEs 40.00 Burdens of Proof In all criminal proceedings the prosecutor has the burden of proving the defendant guilty beyond a reasonable doubt. When presenting an affirmative defense the defense has the burden of persuasion by a 6 preponderance of the evidence. Charges Michelle Carver has been charged with armed robbery (SL Code 22-2801) and second degree murder (SL Code 125.12(3)). 7 Relevant Case Law from St. Legalus People of St. Legalus v. Chavez, 89 St.Legalus Reporter 806, 1998. Facts: Maria Chavez, Defendant-appellant, was tried for felony murder that resulted from a home invasion robbery. Defendant-appellant and her boyfriend, Arnold Fields, were involved in a series of armed robberies. She and her boyfriend had been together off and on for seven years. The defendant-appellant claimed that she drove the car used during the robberies because she was afraid of Fields shooting her. When she testified to participating in a home robbery by closing the blinds, Chavez said that she feared that if neighbors saw what was happening and called the police, Fields would shoot her and then the police. Chavez feared Fields and believed that if she did not do what he told her to she would be beaten or killed right there or her family would be in trouble. Holding: The court held that Chavez failed to show that there were no other reasonable alternatives than to participate in the criminal acts charged. She failed to show that any threat made to her placed her in immediate and imminent danger as required in raising the defense of duress. In determining whether a defendant’s belief in immediate danger is reasonable, the court looks to whether a reasonable person in the defendant’s position would have believed that the danger existed. In making this determination, the court must consider all of the relevant circumstances in which the defendant found herself. United States v. Smith, 979 U.S. Cases 1280, 1992. Facts: Defendant-appellant Michael Smith confessed to driving his co-defendant to the subway station where his co-defendant robbed and killed a man. Smith knew his codefendant was a violent man, but he also knew that his co-defendant was not armed when he made the threat to stab Smith and tear up his car if he did not drive him. Holding: Smith failed to prove the elements of the affirmative defense of the nonkiller participant in a felony murder. The threat made to the Smith was not capable of being exercised immediately and the defendant had multiple opportunities to extricate himself from the situation. 8 People v. Cavanaugh, 214 St. Legalus Reporter 70, 1999. Facts: The defendant-appellant claimed that he participated in the armed robbery at the behest of co-defendant Timothy Burns. At the time of the robbery, Cavanaugh was eighteen and Burns was twenty-nine. Burns had shot and critically wounded Cavanaugh when the defendant was twelve years old and Burns was twenty-three. To support his duress defense, Cavanaugh claimed that Burns threatened to shoot him if he did not participate. In addition Cavanaugh presented evidence that Burns exploited his younger codefendants in an attempt to avoid liability. Holding: The court held that the Cavanaugh acted under duress. He was clearly aware that Burns was capable of carrying out his threat of imminent harm and the evidence reasonably supported the view that Cavanaugh did not intentionally or recklessly place himself in a situation in which it was probable that he would be subjected to duress. People v. Bernhard, 702 District of Republica 3rd 194, 2000. Facts: Defendant-appellant appealed his conviction for felony murder claiming that the prosecution did not prove his guilt beyond a reasonable doubt. Co-defendant Young testified that Bernhard visited the residence that was the sight of the robbery and burglary. Defendant-appellant opened a specific window so that it could later be entered by Scott, another accomplice. Bernhard, Scott, and Young then entered the home and found a young woman who they bound and covered with a blanket. When they finished taking everything they wanted from the home they noticed that the woman did not have a pulse. It was later determined that she died of asphyxiation. Holding: The court held that the defendant-appellant did not prove by a preponderance of the evidence that he did not “in any way cause or aid” in the victim’s death. Bernhard planned the robbery, left the window unlocked, directed Scott to it and helped bind and move the victim. Since the very nature of the criminal plan contemplated and effected the surprise attack on a person in her home, Bernhard did not demonstrate that he had “no reasonable ground to believe that any other participant intended to engage in conduct likely to cause death or serious physical injury.” When an affirmative defense is raised at trial the defendant has the burden of proving such a defense by the preponderance of the evidence. 9 Officer Nick/Niki Jackson of the St. Legalus Police Department: My name is Nick/Niki Jackson and I have been an officer with the St. Legalus Police Department for ten years. I am currently assigned as an undercover officer in the Pawn Unit. On the evening in question, I was conducting surveillance of a pawn shop a few blocks from the Lucky’s Convenience Store. We were waiting for a known jewel thief to come out of the pawn shop without the merchandise she went in with when a call came across. The police dispatcher said that a robbery had been committed at the Lucky’s Convenience Store at 546 North Decatur St. in St. Legalus. He said that an eye witness described a gold four door sedan that fled the scene with two suspects dressed in all black and wearing ski masks. The getaway car was seen driving north on North Decatur and the license plate was 865 NDE, registered in St. Legalus. My partner, Officer Washington, and I responded that we were in the area and that we would pursue the car. As I was on the radio with the dispatcher Officer Washington, who was driving, spotted the car. We began chasing the car as it turned into a residential neighborhood. After racing about three blocks, the driver of the getaway car, Anthony Hamilton, tried to make a sharp right turn at a very high speed. He hit a pole and both suspects seemed hurt. Officer Washington determined that Anthony Hamilton was unconscious and seriously injured. While he called for an ambulance I checked on Ms. Carver, who was slumped over (she did not have on a seat belt). It looked like she might have hit her face on the dashboard, but she was able to stand and get out of the car. I placed her under arrest. At that time, I observed that her face was bruised and she was bleeding from the left eye. I was trying to determine the nature of her injury, but it was difficult because she was crying and screaming. When I tried to move her hair and look at her eye she screamed. She kept looking at Mr. Hamilton and saying, “I’m sorry, Anthony, I’m 10 sorry.” Once our back up arrived we were able to search the car they were driving. The registration in the glove compartment indicated that the car was registered to Phillip Hamilton, the uncle of Anthony Hamilton. Inside the car we found the .38 caliber pistol that later matched the shells taken from the scene, as well as the bullets found in the victim. Mr. Hamilton was wearing gloves at the time of the arrest, but later examination revealed his prints and a set of unidentified prints. The serial number was filed off, and we are still trying to determine from where Mr. Hamilton obtained the gun. Mr. Hamilton never regained consciousness so we were never able to question him about any of these matters. On the passenger side of the car we found a backpack containing books and notebooks with Michelle Carver’s name and handwriting. We also found an earring with some blood on it on the passenger’s side floor mat. However, there was blood all over the front of the car from where Anthony Hamilton and Michelle Carver both hit the dashboards, and it was unclear how and when the earring became bloody. Back at the station, Ms. Carver seemed to be in a state of shock. She would not stop crying and started trembling when we said that we were going to call her parents. She kept whispering, “They’ll never forgive me, they’ll never forgive me.” By that time her left eye was swollen and it was unclear whether she had been hit prior to the car hitting the pole. Although I am now in the Pawn Unit, I had been a member of the Robbery Division until the Department decided to transfer anyone who failed to close 70 percent of cases out of the Division. I really missed handling robberies so I was excited when allowed to 11 head this investigation and left nothing to chance. My partner and I were determined to bring the responsible parties to justice. We carefully reviewed the security camera tape from the Lucky’s. It shows quite clearly that at 6.03 pm two individuals wearing all black clothing and ski masks walked into the store. There was no audio on the tape, but the video is very clear and the sequence of events is plain to see. My partner and I slowed the tape to read the lips of everyone filmed; the shorter of the two said nothing, but carried a large black bag. The taller of the two seemed to shout at the storeowner that this was a robbery and if he did not want to be hurt he should cooperate; he opened his jacket to show that he had a gun. He ordered him to empty all cash into the bag carried by the other robber. The shorter robber then moved slightly to the right, closer to the lottery machine, and the owner placed some money in the bag. All the while the customers inside the store were frozen and silent. The taller robber looked in their direction, taking his eyes off of the cash register and according to the customers who were present “Don’t play with me– remember, I am armed.” As the taller robber was talking to the customers, the owner reached under the counter and pulled his gun. The shorter suspect screamed, the taller robber turned and pulled his gun. The owner fired as the taller robber shot him once in the chest. The taller robber was hit in the stomach, held his abdomen, and then pulled the shorter robber by the arm and they ran from the store. One of the customers rushed to call 911 from her cell phone. She went to the door and looked out to see the robbers fleeing and described the car to the operator. It all happened in a matter of moments. This robbery certainly seemed planned. In addition to the black clothing and ski masks, it seemed that the assailants had made decisions about how to show the weapon and how one robber would control the people in the store while the other got the money. When the owner pulled his gun, Mr. Hamilton was ready to fire, meaning he was 12 carrying a loaded weapon on his person in such a way that it could be easily accessed. In addition, this was not just any convenience store in that neighborhood; two winning tickets had been purchased there. The people in the community thought it was a lucky store and it did a lot of lottery business, meaning it often had a lot of cash on hand. Hamilton and Carver, like everyone else in that community, must have been aware of all of that. When we questioned Michelle Carver we could not get a word out of her. Most teenagers are very intimidated by simply being in the police station and the entire experience. Carver on the other hand, after the initial shock, seemed to regain her composure. She was clearly shaken when we told her the storeowner had been killed, and she kept asking if we were going to call her parents. It was also surprising that she never asked about Hamilton’s health. 13 Witness Statement of Aaron/Erin Haley I am Aaron/Erin Haley, guidance counselor at Hughes High School. I studied psychology and criminology at Washington University. I obtained my masters degree from Georgetown University where I specialized in adolescent and post-adolescent counseling services. I have been a guidance counselor in the St. Legalus School System for fifteen years, seven of which I have spent at Hughes. I head the guidance department there and founded and facilitate the Teens Talk it Through Program. Teens Talk it Through is designed to help teens talk through any problems they may be experiencing that manifest themselves in unhealthy behaviors, such as criminal activity. That’s how I first met both Michelle and Anthony. Michelle was referred to us after an incident at a local department store. She was very bright and capable, and everyone wanted to help her before any more significant problems appeared. Michelle seemed to feel a lot of pressure to have certain clothes and accessories. She was friends with popular girls who wore expensive designer clothes and had lots of money to spend on the things they liked. When she took the sweater from that department store, I believe she was trying to fit in and have the clothes that would allow her to look like the other girls in her social group. I began seeing her once a week privately, and then thought she would benefit from the group sessions with other teens. Michelle had low self esteem and did not believe that people would like her for herself. Michelle was an active participant in Teen Talk it Through for two years, and as a junior she helped lead the first few sessions. She stopped a few weeks into her junior year, around the same time she began dating Anthony, probably to focus on her other activities and have more time to spend with him. She was very involved in clubs and sports at Hughes. 14 Ironically, Anthony came to my attention in the same program. He had been in a couple of fights, and was recommended by one of his teachers as a freshman. That teacher believed that he had an anger management problem and would benefit from counseling. A large component of Teens Talk it Through is peer mediation, learning how to deal with conflict and use productive, healthy words instead of violence. When Anthony came to us he did have a temper, but I really watched him mature as the years passed. He only remained in the program for a few sessions, but I saw the great strides he made as a result of that and the natural process of maturing. Having observed his mother being abused by a boyfriend when he was younger, Anthony had not always been exposed to the best role models. As a freshman, Anthony was involved in several scuffles, but by the time he was a senior the most conflict he had was on the basketball court. He was known to be an aggressive player who fouled out on occasion and had a few shouting matches with the referees, but he was managing his anger much more productively. I was always a little concerned about Michelle and Anthony because I knew that Anthony dated Zora first. I even met with Zora, to see how she was handling having her former boyfriend date one of her closest friends. I was relieved to learn that Zora was very mature and though sad, seemed to keep her high school romances in perspective. Michelle and Anthony seemed like the average high school couple. They were both popular and smart, both initially had lots of friends. Michelle did seem to become more of a loner after they began dating, but I believe that is in part due to the fact that she was dating her best friend’s ex. Girls can be very judgmental about that type of thing. I was truly shocked to learn about the robbery Michelle and Anthony committed. I found Michelle’s allegations of abuse even more shocking. As a trained counselor and 15 one who works with teenagers, I realize that abuse takes place. A study done a few years ago found that in the St. Legalus 12% of high school students are involved in physically abusive relationships. In fact, it is women between the ages of sixteen and twenty-four who experience the highest rates of violence by their partners. I am also sensitive to warning signs, including wearing excessive make up or clothing that is inappropriate for the weather; truancy, failing subjects, and withdrawing from activities; sudden or increased social isolation; sudden changes in mood or personality; difficulty making decisions; use of alcohol and drugs; and crying easily or overacting to minor incidents. Though Michelle and I had not been as close as in her first couple of years of high school, we were still in contact and spoke about her well-being. I knew she had potential and wanted to make sure she was making the most of it. Michelle was not involved in as many organizations in school, but still had good grades and was still making plans for the future. She did seem to grow more timid as time passed, but many teenagers have varying levels of self-esteem as they deal with the changes and challenges of becoming adults. I had actually spoken to Michelle in my office just a few weeks before the robbery. She had written a poem about a victim of domestic violence for her English class. Her teacher, Mrs. Petry, was concerned about the graphic way in which Michelle described the assault. I was alarmed when I first read the poem and asked Michelle about it. Michelle explained that the assignment was to write a poem that represented or described different types of love. She said she had been very moved by a Lifetime made for television movie about spousal abuse and decided to write about that since she didn’t have any other ideas. Michelle found the idea that someone could love you and abuse you at the same time compelling, and told me that she had done some research on domestic violence for her sociology class project. She even said that she was thinking about going into a field that would allow her to help the victims of abuse. We spent 16 almost two hours talking and while she did not seem her happiest, she did not exhibit signs of abuse. Often physical dating violence leads victims to have an increased risk of alcohol, tobacco, and cocaine use, sometimes they begin drinking and driving, and they frequently have unhealthy weight control behaviors like using laxatives, diet pills, and vomiting. I asked Michelle about her weight loss, which I had noticed, and she explained that she always dropped weight after the basketball season. We spoke more about her family and future plans than about her social life. She did shed a few tears when I asked how she felt about her personal relationships, but said that she was sad that she and Zora were not as close as they once were, which seemed a perfectly reasonable explanation. After our conversation I felt confident in spite of Mrs. Petry’s concerns, Michelle Carver was not in an abusive relationship. Having known both Anthony and Michelle for a few years, and having worked with both of them in individual and group counseling sessions, I can more easily believe that Michelle would concoct this story than I would believe that Anthony abused her for the last year. Anthony’s temper was no greater than that of any other young man at Hughes, and I find it hard to believe that he would have ever hurt Michelle, especially after he witnessed what his mother went through. Anthony’s death is a great loss to our community. Having two young people in whom we had such hope and confidence commit such an act is especially sad, and we must ask ourselves where we fell down, what signs did we miss. 17 Witness Statement of Zora Wells My name is Zora Wells and I am a senior at Hughes High School in St. Legalus. I have known Michelle since we were in middle school and met Anthony my freshman year at Hughes. Michelle and I were best friends for a long time and I know her really well. It’s hard to believe that it took me so long to see her true character. I used to trust her and think of her practically as a sister. We would spend hours at the mall together shopping and talking about clothes (Michelle always had wonderful taste). She always liked flashy, bright-colored clothing that caught people’s attention. That was before I realized that she would step over anyone to get what she wants. She was desperate to be accepted by the most popular girls in school, and they only hung out with girls who had the best clothes and the newest stuff. When Michelle picked up a nasty habit of borrowing other people’s stuff and “forgetting” to return it, I used to stick up for her. It took a while for me to realize that Michelle plays the role of being sweet and innocent; she’s really smart so she gets away with it. I have seen her use her intelligence to manipulate others. Not only did she maneuver to get sharp, new and expensive stuff that her family could not afford, she also convinced Anthony that he needed to be with her and not me. I used to date Anthony, pretty much up until last year. We were totally in love and really happy. I was his first girlfriend and he was my first boyfriend. Things between us were pretty serious, at least until Michelle set her sights on him. Don’t get me wrong, I am far from bitter about the way things worked out. Even though he was a great boyfriend, I had just begun to think it was time for us to move on, see other people. Of course, I never intended for other people to include my former best friend. Before I even had a chance to discuss how I felt with Anthony, before anything was said, Michelle 18 moved in. Of course I was a little upset when it first happened, but nothing I couldn’t handle. I remember going to tell my other friends and they had this really weird reaction. They said that Michelle had been after Anthony for ages, always claiming that she wanted to talk about basketball and get help with her jump shot. Little did I know that she had been flirting with him the whole time. Michelle claims that it just “happened,” kind of like the robbery just happened. But when Michelle is involved, things don’t just happen, that is, unless she plans them. That’s part of how I know that Anthony did not plan this robbery. If anything, Michelle put him up to it. Michelle has very expensive taste and is the kind of person who always wants more. The fact that she would hold up a convenience store to get it doesn’t surprise me at all. Anthony was a really great guy. He was lots of fun and very thoughtful. I am really glad that he was my first boyfriend because he really taught me what a trusting and supportive relationship should be like. I hadn’t really seen that with my own parents. My dad never asked where my mom was, but Anthony always wanted to know where I was and whom I was with, you know, to make sure that I was safe. I think he was so protective because he was used to looking out for his mom. He was so sweet about that. I love my boyfriend, Lawrence, and I think that part of what makes our relationship so strong is the strong foundation I got from Anthony. He really modeled all the best in a boyfriend for me. And he certainly never, ever hit me. The only thing he ever did was yell at me, but I yelled right back. Sometimes yelling and calling each other names is a natural part of a relationship. You yell and fight and scream and then apologize and make up. It’s true that he had a temper, but only when provoked. He only got angry in response to something I did or did not do, all natural reactions to what was going on. 19 I am convinced that Michelle was in on the planning of the robbery, if not the mastermind. After some time, things between me and Michelle calmed down, we became pretty friendly again. We even joked and she said I was right for telling her that she should be careful what she wished for when she got Anthony. Right before the robbery we had been talking about our fall formal that was coming up. I said that I wanted this dress I saw in a store, but it was too expensive. Michelle said she was sparing no expense and showed me a magazine with a picture of the dress she was going to buy. I wondered how she could afford something so expensive– Michelle didn’t even have a job. She said that she was going to be getting some money and was going to buy lots of new clothes and some jewelry. I thought it was just yet another of her many schemes. When the robbery happened later the next week, everything that she said earlier suddenly made sense. I was with Michelle the afternoon of the robbery. We had just left Ms. Fauset’s room where we work on the yearbook. It was about 5.30 pm and we were planning on going to the library. We had just walked out of the front door of the building and Anthony’s car pulled up. We walked towards his car and he opened the door. Michelle told him that we were going to the library and he said he really needed to talk to her. He was kind of loud and sort of seemed angry, but I figured they had an argument or something and he wanted to talk it out. Michelle told him that she and I were supposed to work on our sociology research project on domestic violence together. He said again that he really needed to talk to her. I told her to go ahead, that I would be at the library for a while and she could meet up with me later. She didn’t seem to want to go, but she didn’t really seem scared; more like she didn’t want to be bothered then. Then Anthony kind of raised his eyebrows, and she got right in the car like she understood what he wanted. I wondered what happened when she never showed up at the library, then I heard about the robbery and Anthony being hospitalized. Two days later he was dead. 20 I really miss Anthony, and I really hate that Michelle and Anthony got themselves into this trouble, but Michelle placing all of the blame on Anthony just isn’t right. He isn’t even alive to defend himself. I can’t believe that he would ever have hit her. I would have known. We even had gym together and I saw her in the locker room all the time. There is no way she could have been battered and I would not have known. Not only was I spending a lot of time with Michelle just before the robbery working on our project, but I was reading about domestic violence and the warning signs. I can’t believe that I wouldn’t have noticed anything. 21 Witness Statement of Michelle Carver My name is Michelle Carver. I am 18 years old and a senior at Hughes High School. I am an honor student and a member of the girl’s basketball team. I guess I was pretty popular before all of this happened, mainly because I was dating Anthony. I knew Anthony since we were in the seventh grade, and I probably always liked him. He was smart and tall and really cute, and he knew how to talk to people. He used to date my friend Zora until last year. I noticed him flirting with me on a basketball trip. He was telling me how nice it was to talk to a girl who played basketball and understood sports. We’re both point guards, and it seemed meant to be. At first I felt terrible because Zora seemed so into Anthony. She used to talk about them getting married, so I knew she’d be upset. She cried a lot at first and refused to look at me, but over time we became friends again. At first, everything with Anthony was great. We’d hang out and practice together, we went to the movies and parties and the mall and did all kinds of fun stuff. We hung out a lot with the other basketball players– at least, until Anthony started accusing me of flirting with this other guy on the team named Marcus. We really weren’t flirting, Marcus and I had English together and used to just joke around about stuff that happened in that class. But Anthony said that Marcus was up to no good and I was encouraging him, so Anthony and I stopped hanging out with the team. Zora hated me at first for dating Anthony and stopped speaking to me, and so did most of my girlfriends, so I started spending all of my time with Anthony. That was cool at first, because he liked it that way. But then, if anything ever happened and I couldn’t hang out, he got really upset. 22 I still remember the first time he hit me. It was like a dream. We were watching videos at his house, and I said something about Tyrese being hot, and he jumped up and started yelling about how I was always checking out other guys and disrespecting him. I was telling him to calm down and not take everything so seriously. Then he said that everything was a joke to me, and I said that no, not everything was a joke, but that him getting upset about me saying something about a guy in a video was crazy. Then he was like, “Oh, so now I’m crazy!” and he slapped me so hard that I fell back into the couch. We were both shocked, and neither of us said anything for a long time. Then I started crying and he was shaking and saying how sorry he was and how it would never, ever happen again. I grabbed my jacket from the kitchen table and walked out. I had only been at my house for about thirty minutes when the bell rang. It was Anthony and he brought me roses and my favorite cookies. He was so sweet and I knew he was really sorry. I told my parents that I got fouled hard at basketball practice when they asked about my face. He didn’t hit me again for a really long time. Anthony and I just spent more and more time together. When basketball season ended I was going to get my job at the Donut Den again, but Anthony said that we wouldn’t have as much time to spend together. It was hard for me not having money, especially since I had been working since I was fifteen and was used to having my own money to shop and go out, but I agreed not to work. Since I didn’t have a job, I spent all my time with Anthony. We would even skip school and just hang out at his place. Anthony wanted to be the only person in my life, for everything to be about him. It got to the point that I didn’t really like being around other people because no matter what I did he accused me of being unfaithful. Every time I looked in the direction other than where he was, he was screaming at me. Once, on the metro, I thought I saw my cousin Kevin and was looking to see if it was he. Anthony saw me looking in the direction of a guy and punched me in the stomach. No 23 one saw because it was really crowded. After that, he hit me and yelled at me pretty much all the time. He yelled at me for disrespecting him, for caring about everything and everyone more than him. He called me stupid all the time, and especially at school. If he saw me coming down the hall he’d yell, “See my stupid girlfriend. You won’t believe what I have to put up with.” And all the guys would laugh. Anthony would tell me not to wear any make up and to stop dressing to attract attention, so I’d wear baggy jeans and try to look plain. That was really hard for me because I had always loved designer clothes and dressing up. But I did it to please him, and afterwards he’d say I was so ugly that no one else would ever put up with me and that if he ever dumped me no one else would want me. He’d also tell me about all the girls who were giving him their numbers and trying to buy him stuff. Anthony was the star of the basketball team and really funny at school and everyone thought I was so lucky to be with him. I guess I didn’t want to lose him. When I was bruised, I would wear long pants in gym class and I would get there early so I could change without anyone seeing me. When my friend Robin asked why I was never in the locker room with everyone else, I said I had a skin rash that I didn’t want anyone to see. I felt like I had to lie all the time, to everyone. I did everything I could to make Anthony happy. Things were so great when he was happy. He’d make me laugh, and we’d cuddle and talk. I just wanted things to be like that all of the time. Things were going fairly well for us last summer. I wanted to keep Anthony happy and wanted for both of us to have good senior years. But instead of getting better, things got worse. His mother lost one of her jobs. She had always worked two jobs to take care of Anthony and his younger brother. I knew that Anthony was really stressed about not being able to help more, but his mother wanted him to do well in school and have a regular life. He really admired how hard she worked and felt bad 24 when she was laid off. Anthony was totally stressed about money. I tried to be supportive and offered to help him find a job. That just seemed to make him mad and after that argument, he beat me worse than ever before. He realized that he should avoid my face and other visible parts of my body. So instead of slapping me he would punch and kick me in the stomach. I was more afraid of him than ever, and I think he sensed it because he would always say that I better not think about leaving him, that if he couldn’t find me he could take his frustration out on my family, even one of my little sisters. I really didn’t want to get in the car with him that day. I had just left the yearbook office and was walking out with Zora. Anthony pulled up in his car and threw the door open. I said that Zora and I were heading to the library and that I would call him later, but he yelled that he needed to talk to me right then. Zora looked a little startled and said that I could meet her later, she would be at the library for hours and I should just go along with Anthony. Reluctantly, I got in the car. I was afraid of what would happen if I didn’t. I didn’t say anything at first, because I could tell that he was really focused on something. He started driving like a maniac and I asked where we were going. He said that he needed my help and that if I knew what was good for me I would just shut up and do what he said. He stopped in front of a park near the school and then reached into his back seat. He pulled two ski masks out of a bag that was on the floor of his car. He handed one to me and told me to put it on. I said that I wouldn’t and tossed it back into his lap while trying to get out of the car. He yanked me by the arm and pulled me back into the car. He locked the doors and then smacked me so hard across the face that my earring flew off. As he started yelling I could feel the warm blood running down my face. Anthony grabbed me by the shoulders and just started shaking me. He said, “I 25 need this money for my family and I will do whatever I have to do to get it! You are going to help me and keep quiet! If you don’t help me I will hurt you worse than ever.” He told me that since his mom got laid off they were really behind in their bills. He was about to lose his car. I knew how stressed he had been about money, so when he said he would hurt me if I didn’t help him, I believed him. He continued driving to the Lucky’s Convenience Store. I just sat there, shocked and wondering how bad my face looked and what he was getting us into at Lucky’s. I had been there a million times, even with Anthony. We used to buy his mom’s lottery tickets there and they always had good slushies. I could not believe that we were going to go into this store where our families and friends shopped and hold it up. It never occurred to me that he would be driven to such a step. When he stopped the car, he pulled me close to him and whispered, “I’ll do all the talking. All you have to do is hold the bag and put the money in. Just do what I say and I’ll be able to help my family and take care of you like I used to.” I asked how he was going to make them give him the money- what he was going to threaten them with-- he said not to worry about it. Then he took the ski mask out of my lap and pulled it down on my face. I almost screamed because it hurt so bad being pulled over my face where he had punched me. We walked into the store and Anthony told the owner to give me the money. I felt totally numb as I held the bag. I was just hoping that the guy would hurry up before anything went wrong when he suddenly pulled this huge gun from under the counter. I thought he was going to shoot me and Anthony. Then I heard two shots and it was like time stood still. The owner was shot—he had fallen into the cash register still clutching his gun. I turned to see Anthony standing near the door. He was bleeding—trying to hold the gun and clutch his chest. The customers in the store were screaming and crying. I felt even more numb and I just wanted to collapse and cry. Anthony grabbed 26 me and pulled me towards the door. I still can’t believe I didn’t drop the bag with the money. I think all of my muscles were frozen. The next thing I remember we hit the pole and all I could think of was my family and Anthony and how terrible everything was. I couldn’t get Anthony to open his eyes or speak or anything. Then the cops pulled me away. When the ambulance arrived I was so relieved; I knew that Anthony would make it. Then I heard that the storeowner died and wished I was dead. I don’t remember saying anything in the store or at the crash. I had no idea that Anthony had a gun, and certainly never thought that I would see him use it. Honestly, I thought that he was only violent in relation to me. I tried to explain that to the police, but they didn’t care. All they knew was that I was in the car and that I held the moneybag. Now Anthony is dead and no one believes that the entire thing was his idea. I never would have been in that store if he had not forced me. 27 Witness Statement of Joseph/Joanne Carver I am Joseph/Joanne Carver and Michelle Carver’s parent. My spouse and I believe our daughter and know that there is no way that she was involved the planning of any robbery. She would never do anything so terrible unless she was forced and I know that Anthony made her do it. Michelle was always a wonderful child and excellent student. She is our oldest, and from the beginning she would look after her young sisters. She and I would talk for hours and we were a very close family. We ate family dinners, spent time together on weekends, and supported Michelle at all of her school functions. I never missed a single basketball game and we baked cookies for the team each week. When I’m not busy with my family I am hard at work at Hughes High School where I teach Algebra. Anthony Hamilton was never actually a student in my class, but I certainly knew him by reputation. Almost everyone at Hughes thought that he was a wonderful young man, but why wouldn’t they? He wasn’t dating their daughters. Before Anthony, Michelle had never given us a moment’s worry. There was that one incident when she was a freshman in high school. She was picked up for shop lifting at JW’s, a local department store. My spouse and I were very concerned. We thought maybe Michelle was trying to steal things that we could not afford for her. Michelle had always loved clothes and jewelry, but the shoplifting proved to be an isolated incident, the result of a silly dare, and Michelle never gave us any other trouble. She liked expensive clothes and had wonderful taste. Michelle had a knack for putting together colors and patterns. Sometimes my spouse used to joke that giving Michelle a subscription to In Vogue, a popular fashion magazine, was a big mistake because it made Michelle want even more. But I disagreed. Michelle wanted the best out of life and she worked hard in school and at her job to reach her goals. 28 When she started dating Anthony, Michelle began to pull away. Initially I thought it was just from our family, but at work I realized that Michelle was pulling away from her school activities and many of the things that used to give her the most joy. I was anxious about how to reach her, because Michelle really stopped talking to us. She spent all of her time with Anthony. Even when she wasn’t with him, she would be alone in her room. I was really shocked when Michelle quit her job; I knew she liked having her own spending money and being able to buy things that we could not afford for her. I asked her about it and she said that she would be ok, that she didn’t really need to devote so many hours of time and make so little money. I thought she just wanted to spend her time concentrating on school. Now I am convinced that Anthony just wanted to make her more isolated. Looking back, I wish that my spouse and I had become alarmed sooner. It was tough though, because from the outside Anthony made a good impression. He seemed polite and kind and many of the other teachers envied me and said they wished their daughters could date boys like Anthony. Even I was taken in at first, but Anthony Hamilton was not the young man he appeared to be. Now I know that all of the changes Michelle was going through were the result of her involvement with him and his abusiveness. From the time Michelle first began dating him, I knew that he had a temper. I thought he left it on the basketball court, at least until I heard him yelling at Michelle. He was very controlling. At one point I remember Michelle looking at him when we were all having dinner together in a restaurant as if she was waiting for him to tell her what to order. She lost weight and just seemed unhappy. When I asked what was wrong she said she was stressed about school and scholarships. We always wanted Michelle to 29 attend the University of Republica. It is a wonderful school that both my spouse and I attended. The day she received her acceptance letter was probably the proudest day of my life. I can’t believe that Anthony’s controlling and manipulative behavior is going to stop Michelle from attending college and ruin all of our plans for her. His death was a tragedy, but holding Michelle responsible for his mistakes will not bring him back. The idea that some young thug abused my child makes me so angry I can hardly see straight. We never even spanked Michelle when she was younger. And now, to know that he beat my child– it’s almost more than I can take. My spouse and I didn’t suspect abuse for a while; I just thought he yelled and criticized her too much. I noticed that Michelle wore long sleeves a lot this past summer, but she said she got cold on the metro and at the library. Then one night I walked into the bathroom as Michelle was brushing her teeth. She was wearing a big t-shirt and I saw a bruise on her lower arm. When I asked about it, she said she was hit with a ball during gym class. I believed her, but as I left the bathroom I noticed what looked like a fading bruise above her knee. I didn’t want to believe that anything like that was going on– I mean I heard of husbands beating their wives, but it didn’t really occur to me that a high school boyfriend would be abusive. I didn’t realize what was going on, even when I overheard some boys in the hallway saying how they could never get away with calling their girlfriends “stupid” the way that Anthony always did. I should have put it all together, but I didn’t. Michelle seemed to be going through a lot of turmoil, but having worked with teenagers, it really didn’t seem so unusual. I thought she was experiencing typical high school angst. Michelle and Anthony continued to see each other and were homecoming King and Queen. Everyone thought that they were the perfect couple, but something did not seem quite right to me. Because my fears persisted, I asked Michelle to stop seeing 30 Anthony. She told us that she would. Then a few days later I came home from work and heard a voice yelling. It was Anthony yelling at her through the phone. Michelle was just holding the phone and crying. I hung up the phone and told her I was going to speak to the other teachers at Hughes and ask that they make sure that Michelle and Anthony were not together. Michelle begged me not to, she said that her teachers would think she was weak and stupid, and again she promised she would stop seeing him. It was stupid of me to have believed her. I know that Michelle was very afraid of him, she was visibly shaken, practically trembling, and that was just from his voice over the phone. A few days later I was doing some laundry and checked Michelle’s pockets; she always left her metro card in her jeans. I pulled out a piece of paper, but it was no metro card. I opened it up and realized that it was a letter from Anthony threatening Michelle. The robbery was only three days after that. 31 Ian/Yvonne Randolph I am a counselor with the St. Legalus Battered Women’s Support Service. I am also the founder and director of Stop the Cycle, a full service center that works with women at ending and escaping the cycle of violence. We provide classes to women who are leaving abusive relationships and need job skills, we help them find housing and support services, attorneys and child care; we also provide counseling to the women and their children who come to our drop in center. I have conducted training sessions at over twenty conferences around the country and write a monthly column for The Advocate: A Guide for Those Who Work Against Domestic Violence. Our organization became alarmed by the number of teens who were coming through our doors and being referred for services, so we now run a workshop for teens, male and female, on recognizing the warning signs and ending the cycle of violence. I also provide one-onone counseling and lead group sessions. I have a B.A. in social work from Georgetown University and am a certified domestic violence counselor by the American Social Work Society. I met with Michelle after she was arrested and charged with the crimes in question. I read about what happened in the St. Legalus Dispatch and was moved by her story. Although the article presented both sides of the issue, it was clear to me, as one who deals with victims of domestic violence everyday that Michelle was the victim of abuse and had participated in this robbery against her will. Her parents called me after obtaining some information from a clinic near their home. They asked that I meet with Michelle and help her deal with the aftermath of the violence and robbery, and I was delighted to be able to help someone so talented and with so much potential. When I first met with Michelle it was obvious that she had been in an abusive relationship. She was also an emotional wreck and exhibited many of the warning signs we often see in 32 teenagers. Like 25 to 30 percent of all teens, Michelle equated jealousy, possessiveness, and violence with love. The fact that Anthony always wanted to know where she was, who she was with, and what she was doing comforted Michelle and made her believe that he loved her that much more. Michelle indicated that Anthony was very bossy towards her, never took her opinion seriously, and seemed threatened by her intelligence. When I did an assessment of Michelle using the Teen Power and Control Wheel, I was amazed at how closely she described almost every aspect of the wheel. She had, over the course of her relationship with Anthony, isolated herself, been intimidated, and been made to feel like his servant. She also felt guilty about the robbery and the deaths of Anthony and Mr. King. Michelle was very hesitant to admit to the abuse. She was still blaming herself for making Anthony behave in a certain way. She did not want to describe the physical violence at first, so I began each session by asking her to describe how he usually talked to her. She said that he told her that she was stupid and ugly, no one else would want her; that she doesn’t deserve nice things or to have anyone be nice to her; and that he constantly accused her of cheating on him. Somehow saying it all out loud helped Michelle understand that this was not healthy behavior. Eventually she admitted that he began by slapping her, and that quickly turned into punching and kicking. She admitted that he would throw objects at her, and even when he did not touch her he would threaten her. I think that Michelle was successful in hiding the abuse because she was smart enough to avoid demonstrating many of the more obvious signs. She was smart, so her performance in school, though it declined, did not fall low enough to attract the attention of her parents or teachers. She never used alcohol or drugs to try to numb the pain of her relationship. Though she scaled back her involvement in school, she 33 continued to play basketball and work on the yearbook staff. For some reason people do not think of smart, popular girls as victims of abuse. But we must recognize that the numbers are staggering; anyone can be abused, even someone like us. Clearly, Michelle lacked any power in their relationship. She had learned a pattern of fear: fear of Anthony’s temper, fear of disagreeing with him, fear of saying “no.” Michelle was afraid to do anything without Anthony’s permission. For her to say no to him when he first asked her to get in the car the day of the robbery was tremendous. However, Michelle had seen the consequences of trying to stand up to him in the past; Anthony would become more violent. After he sent the letter and threatened her family, Michelle began to believe that Anthony would not only hurt her, but would also hurt others to get to her. Initially Michelle did not believe that Anthony would do anything more than slap her. I think she found the entire experience unreal, but as the violence got worse and happened more frequently, she saw that he was capable of much more than she initially realized. I have testified on behalf of over fifty women who have been in abusive relationships that lead to their involvement in criminal behavior. In each case the woman was afraid because of past beatings. Even when the women felt strongly that the criminal act was wrong, as Michelle did in this case, they knew that if they did not do what was necessary to avoid the anger of the abuser, their lives would be in danger. Michelle told me that she had once seen what looked like a gun in Anthony’s gym bag. Though she saw it only briefly, that image and the idea that he was capable of using a firearm never left her mind. I was not surprised when Michelle told me that Anthony had witnessed his mother’s involvement in an abusive relationship. More than 50% of youth who witness domestic violence between parents become involved in an abusive relationship. I believe that is exactly what happened here. 34 The Hughes Messenger Official Newspaper for Hughes High School of St. Legalus Homecoming Couple Hamilton and Carver... Could They Be Any Cuter? By Tomika Reed, Editor-in-Chief September 24, 2001 It came as a great delight, though not much of a surprise, when Anthony Hamilton and Michelle Carver were named Homecoming King and Queen for 2001. Zora Wells and Marcus Garvey Smith came in second place and will serve as their attendants. Michelle and Anthony won by a landslide in a race that many saw as a mere formality. “Who else could be such a perfect couple for the homecoming court. I mean, could they be any cuter?” said one Hughes student. Even our own principal Dr. Evers was pleased, saying to a Messenger reporter, “It’s so nice to see a couple who represent success in academics, athletics, and in social relationships head the court.” Michelle Carver is another Hughes High School basketball star. Michelle, number 75, is the point guard on the girls’ squad and has been a stellar player since her freshman year. When asked about her relationship with Hamilton and their election to homecoming court, Carver said, “I love Anthony. He is the best boyfriend and basketball player. I hope that we will continue to grow together.” We at the Messenger hope that will be the case as well. Anthony Hamilton is the star and captain of the Hughes Wildcats. Despite getting off to a rocky start with losses to several lower ranked teams, all at Hughes are still optimistic about their success and excited to have Hamilton as the team captain. George Porter, forward for the team, said, “Anthony is a great captain. We all know that if we don’t play hard he’ll whip us into shape.” 35 Michelle Carver September 26, 2001 Mrs. Petry’s English Class Poem Describing Different Types of Love when tears don’t ease the painangela was sorry she was always sorry sorry when she didn’t do what she was supposed to do when she didn’t say the right thing do the right thing wear the right thing when she wasn’t right because she knew what was coming she heard it coming she felt it coming she could smell her blood on his hands taste her blood in her mouth feel the fear in the pit of her stomach “how bad will it be this time” “how badly will he beat me this time” angela is bruised angela is broken angela has been beaten again and again and again and angela doesn’t know why 36 Dear Michelle, You know that I love you and that I want us to be together. I want to make this work, but you need to put in the time and effort too. I know that you love me and you don’t want me to do anything that would hurt you, so you better get with the program. You know what I mean. I expect to hear from you (and hear an apology) soon. Love, Anthony 37 Warning Signs of a Violent Relationship Prepared for use by St. Legalus Public School Counselors and Therapist Does Your Partner ....? ____try to control and isolate you ____exhibit constant jealousy ____identify with the macho-male image ____use drug and/or alcohol x___come from an abusive home x___lose his temper ____blame others for his/her actions ____use aggressive language ____restrict you/tell you what to do ____show disrespect for others in authority ____tell you that you are worthless ____embarrass you in front of others x___always wants to have his own way ____not support your relationship with your family and friends x___act very willful and self-centered ____believe he can be violent without any consequences ____blame your for any problems in the relationship x___expect you to agree with his ideas ____not support your activities at home and at school Warning Signs of a Violent Relationship Do you feel....? ____sorry for him x___flattered by all of his attention ____that all you have ever wanted is someone to love and love you back in return x___more relaxed at school now that you have a boyfriend ____that if you could do everything he asks, the violence/abuse would stop ____afraid to break-up because he has threatened to tell someone something bad about you ____responsible for the violence/abuse x___that you are the only person who understands him enough to help him ____that his possessiveness is proof of his love for you ____afraid that if you end the relationship he will hurt himself or someone else ____that things will work out and get better on their own x___no one understands that you really love him Worked through with Michelle Carver on September 28, 2001 A/E.Haley 38 Hughes High School Grade Report/ High School Transcript Student Name: Social Security Number: Michelle Carver 876-29-6543 Academic Years: 1998-2001 Term Fall 98 Grade Spring 99 Grade English Lit Spanish 1 A A+ English Lit Spanish 2 A A Algebra 1 Biology A A Algebra 2 Biology A+ A Social Studies A+ Geography A Grade Spring 00 Grade American Lit Spanish 3 A A+ American Lit Spanish 4 A A Geometry 1 Chemistry A+ A Geometry 2 Chemistry A+ A World History A World History A Grade Spring 01 Grade AP English AP Spanish B+ B AP English AP Spanish B B Pre-Calculus Physics AP American History A+ AB- Pre-Calculus Physics AP American History AB B+ Grade Spring 02 Grade Classic English Lit AP Spanish Lit C C+ Classic English Lit AP Spanish Lit Inc Inc AB Calculus Sociology BB- AB Calculus Ecology Inc Inc AP European History D AP European History Inc Term Fall 99 Term Fall 00 Term Fall 01 39
© Copyright 2026 Paperzz