SCENARIO 4
You represent Ralph Tower who is accused of selling drugs. The prosecution's chief witness is Lorna Doone who now admits to being a partner of Tower in the drug trade. When first arrested she denied knowing the defendant and explained on direct examination that she told this lie "to keep out of jail."
The penalty for drug dealing is twenty years,. Lorna has agreed to testify against the defendant and the prosecutor will charge her with possession only and recommend a three year suspended sentence. Lorna has previously been convicted of possession of a controlled substance and admits to using (but denies present use) of heroin, crack and marijuana.
Lorna Doone, c.ross
(Read facts)
(assume Ralph was her lover)
The story: Lorna has been around drugs a lot. Used heroine and crack and mj.
She has been convicted of possession of a controlled substance and has been to pen.
She doesn't like pen. A second convicition could put her away a long time. On the other hand, if she lays it on Ralph who has no record he might be in as a first offender for a much shorter time.
She is a person who lies very easily and will lie if it is to her benefit. She has lied to the prosecutor before when she told him she didn't even know Ralph
when in fact they were lovers.
It is hard to tell when she is lying and when she is not. If she is asked how she looks when she is lying she is hard pressed to tell. She cannot tell us how to determine ' if she is lying by looking 'at her. She is very skillful.
The one thing we know: If it will benefit her she will lie. We can count on that.
She does not want to go back to pen. It is horrible there. She will say she goes crazy in jail. She is unable to get
ahold of her crack and heroine at will in jail. It is hard to come by. She is lonely there. The other women harrass her, sexually and otherwise. The food is terrible. There is nothing to do.
No one loves her. she is marched
around by guards who abuse her. She is
beaten there. She is hurt. She lives in
hell.
There is nothing but four bare walls.
Family doesn't write. You are
ashamed. You are lower than the
2
Lorna Doone, cross
(Read facts)
(assume Ralph was her lover)
l,
The story: Lorna has been around drugs a lot. Used heroine and crack and mj.
She has been convicted of possession of a controlled substance and has been to pen.
She doesn't like pen. A second convicition could put her away a long time. On the other hand, if she lays it on Ralph who has no record he might be in as a first offender for a much shorter time.
She is a person who lies very easily and will lie if it is to her benefit. She has lied to the prosecutor before when she told him she didn't even know Ralph
when in fact they were lovers.
lowest. You feel as if you are going to die. The days drag on.
And you would do anything to keep from going there for twenty more years. You would die there. \
THAT'S WHY SHE LIED ABOUT RALPH.
Lorna, we have a problem here, the jury and I:
When you were first arrested you told the officer, absolutely, positively, on the grave of your mother, that you did not know Ralph Tower, my client, lIT
And now you say you not only knew him, but that you were his partner in the drug selling business.
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So we know, Lorna, that' you will sort of bend the truth. lIT
We just need to determine when it is you are bending.
When the officers first talked to you and you told them you didn't know my client, Ralph Tower, you tried to make them believe you, lIT
How did you look when you told them that? How did your voice sound?
Did you look like you look now?
Is there someway we can tell by how
you look as to whether you are lying or not?
Well, let us see:
The drugs were yours, weren't they? Ralph was your lover
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He'd been trying to get you out of the drug business for a long time
Are you speaking to us in the same way as you spoke to the officers when you told them
y6~:tiB;&W?=:Rfttph?-->
What difference?
Ralph loved you
He said you have to straighten up if we are going to have a family
Y ou said, I will after I get fifty
thousand in the bank. It costs a lot
to raise kids nowadays
Ralph said, we can work like other
folks
And you said, don't be silly. I know the ropes.
5
Ralph said, Lorna, I love you and I need you and if you go to prison I will die
And you said, "Don't worry, I will never go to prison," and you '.
l
laughed.
How do we tell you are not lying now?
By the deal you made with the prosecutor you won't ever go to
•
prIson
Been there before
Terrible place, isn't it
Tell us about it
If you stuck Ralph with this crime, you figured it was his first offense and he would get off on parole too.
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'"
-~~---.-----~~-And
that's what you told him when you told him you were going to put the blame on him.
And that's what you did.
If the prosecutor told you that poor Ralph was going to get ten years because of your testinl0ny would it be the same?
(OBJECTION_I HOPE)
--You didn't know poor Ralph may get ten years if he is convicted.
Would you like a recess to reconsider your testimony?
Why are you looking over at the
prosecutor?
Did he give you a signal