Total Posts:180|Showing Posts:1-30|Last Page
Jump to topic:

TBJ- Darnell Murder Trial

medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/19/2012 11:36:14 PM
Posted: 4 years ago
Welcome to the trial of Kate Darnell. She has been charged with Murder in the First Degree.

Prosecution Team is DetectableNinja and Tuf.
Defense Team is Drafterman and HardcorePwnography.
Jury Team is Vmpire, IFH, MIG, Logic, Greyparrot, Blackhawk, and DaytonaNerd.

The prosecution will begin with their opening statement.
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 12:01:45 AM
Posted: 4 years ago
http://www.debate.org...

Some of the stuff in the case will not show up in the forum, so the link above is a little easier to read. But, as per request from Medic, I will post the bulk of it in here as well, though I reccommend reading the link first.

OPENING STATEMENT:

Good Afternoon to everyone in Attendance today! My name is TUF, and I along with my companion DetectableNinja, will be leading the prosecution for the trial: The State of Florida VS Kate Darnell (Trial by Jury).

Before we get started, I feel it is justified to make a few things clear about our intentions. We believe Peace, Safety, and Equality must be upheld in order to provide Justice, and will strive at all of our greatest efforts to provide that today. We are committed to making sure that no crime goes un-punished, as we are a stand for the Citizens of Florida. I would like to formally thank all here in attendance today, for your undivided attention, and participation. I come to you all today bearing news of a tragedy, unfortunately. We have the death of innocent man, Edwin Gregory Darnell. Edwin was a hard working, and motivated man, who would let nothing stop him from achieving that in which he desired. Unfortunately, Edwin was found dead on Wednesday July 11, at approximately 3:00pm. This event saddens me, but not so much as the knowledge that his killer is still free, going un-punished for their crimes. An even eerier thought to add to that is knowing that this individual is here today, in this very courtroom! Today we will prove, that beyond reasonable doubt, Mrs. Kate Darnell is guilty of the murder of Edwin Gregory Darnell.In this case, there are no eye witnesses. The defence may try to lead you, the Jurors, the Judge, and the rest of those in attendance, that there is no reason to believe in Mrs. Darnell's guilt without them. However, guilty verdicts can and should be reached on circumstantial evidence, and I trust you, the Jury, will do your job as many other juries have done before you with exactly this kind of evidence and see that there is no other choice but to find the defendant guilty on all counts.For this trial, the phrase you will hear quite a bit, is beyond reasonable doubt. That is our Burden of Proof today.Reasonable doubt is a standard of proof used in criminal trials. When a criminal defendant is prosecuted, we the prosecutors must prove the defendant's guilt Beyond a Reasonable Doubt. This we feel we will be able to pursue today, through all evidence and logic obtained. If the jury—or the judge in a bench trial—has a reasonable doubt as to the defendant's guilt, the jury or judge should pronounce the defendant not guilty. Conversely, if the jurors or judge have no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty. With no eye witnesses, limited victims, and a mass amount of evidence, Reasonable doubt is the only way to prosecute someone here today.

"Reasonable doubt is required in criminal proceedings under the due process clause of the Fifth Amendment to the U.S. Constitution. In in re winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970), the U.S. Supreme Court ruled that the highest standard of proof is grounded on "a fundamental value determination of our society that it is far worse to convict an innocent man/woman than to let a guilty man/woman go free."

Now I know we are not using U.S. Law specifically in this Court case, so I cite the above only to show the moral principle in reasonable doubt becoming a bearing factor here. We will provide a motive, a story, and present evidence that we believe is enough to convict Kate Darnell of murder in the first degree.

"In order for someone to be found guilty of first degree murder the prosecution must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated.
To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life.
Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing."


This was stated by Medic, our Judge, will be be the precedent for this debate.

We believe that this murder was pre-meditated, planned, and carefully designed, as is obvious by the lack of DNA evidence leading to our murderer, as well as eye witnesses. The death of Mr. Darnell was by no means, an accident.
Mrs. Darnell had:

1. Intent to kill,
2. Intent to inflict grievous bodily harm.
3. Reckless indifference to an unjustifiably high risk to human life (sometimes described as an "abandoned and malignant heart"), or
4. Intent to commit a dangerous felony (the "felony-murder" doctrine).
All of which fall under having Malice intent. We will offer more on this later in the case.

We believe we have mounted enough evidence here today to convict Mrs. Darnell for Murder, and will do everything in our power to convince this to the masses. I would once again like to thank those in attendance today, and will now proceed on with the trial.

Brief Summary of happenings:

Edwin Gregory Darnell was found dead in his vehicle, which was parked at Acme Warehouse, just a couple miles from his office. He was an accountant who owned his own small business, employing one person, Jeannie Francis. He was married to Kate Darnell, who says that Edwin admitted to her that he had been skimming money from clients for several years. She also states that, according to her husband, Jeannie had caught this during an audit 6 months ago, and began blackmailing him. Kate says that Jeannie had nearly $200,000 from Edwin so far. Kate also says that Edwin confessed to her that he had been having an affair with Jeannie. Jeannie freely admitted this fact to investigators without being asked.
All evidence was recovered from the scene. The only thing implicating anyone else was a blanket with a mixture of bodily fluids, containing that of both Edwin and Jeannie, found in the back floor of the vehicle. Edwin's ID and credit cards had been taken from his wallet, which was left open on his lap. A small amount of cocaine was also found in his glove box. His ID and credit cards were later found by investigators inside the trash barrel at the Darnell home, prior to investigators gaining an official search warrant. Kate was detained and interrogated, denying knowledge of these items. She is also adamant that Jeannie killed him and is trying to frame her for the murder.
The cause of death was ruled cardiac arrest due to ingestion of rat poison and cocaine. His death was ruled suspicious, probably homicide. His body also had five .38 calibur bullets fired into it. These shots were determined to have happened after his death.
After gaining a search warrant, investigators searched the Darnell property and found a .38 calibur handgun in the glove box of Kate's Lexus, along with rat poison which was found in the garage. The gun was determined to have been the same one that fired the shots into Edwin's body. The rat poison was found to be consistent with that found in his body.
Edwin's office was also searched. In a closet a duffel bag was found containing $20,000.

We now turn the time over to the Defence for their opening statements.
"I've got to go and grab a shirt" ~ Airmax1227
drafterman
Posts: 18,870
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 7:48:03 AM
Posted: 4 years ago
Good morning, ladies and gentlemen of the jury. The prosecution has painted you a nice picture. They have told you that Mrs. Darnell discovered an affair her husband was having with his coworker, Ms. Francis. Mrs. Darnell then, with intent to kill, used the rat poison in their own home to poison him. Next she used his own gun to shoot him, put him into his own car, drove across town, took his credit cards and ID from his wallet, then walked back home, across town, and disposed of those cards in her own garbage can. After, of course, wiping down any and all fingerprints that could possibly link her to the evidence at hand.

That's a key point that I should reiterate. Whatever the prosecution has discovered, none of it actually links Mrs. Darnell to this crime. What they told you is, essentially, their case. Granted they'll get experts and witnesses to attest to what they've said, and they'll show you the cards and the gun and the poison, but that's it. While they can show you the evidence, they can't show you that the evidence links to Mrs. Darnell. They can't show you that events happened the way they did. Not just in terms of Reasonable Doubt, but to any degree at all.

The prosecution says that Mr. Darnell was poisoned with rat poison, as the toxicology report shows. They say that this is consistent with the rat poison found in Mr. Darnell's home, but the toxicology report doesn't show that. In fact, no report in evidence makes this connection. The prosection says that the gun found on Mr. Darnell's own premises was the gun used to shoot him, as the ballistics report shows. However, no effort was made to determine that Mrs. Darnell had recently, or ever, fire the gun. No testing for gunpower, no questioning of neighbors to see if they heard a gunshot. They don't even know if Mrs. Darnell can fire a gun. The prosecution's report indicates that Mr. Darnell was shot post-mortem, and before being put in the car, as evidenced by the lack of blood in the car itself. They can't, however, tell you where he did die or was shot. They found no blood on Mrs. Darnell or anywhere within their house. The prosecution's story requires that Mrs. Darnell drove her husband's body across town, then walked back across town, all without being seen. Not by any people and not caught on any surveillance whatsoever.

In addition to these astounding lack of connections, they failed to even remotely follow-up on other viable leads. Ms. Francis, Mr. Darnell's coworker, has been accused of blackmail. The prosecution admits they found $20,000 in the office where Mr. Darnell and Ms. Francis worked, but that is all you are likely to hear of that. Why? Because the prosecution, for whatever reason, did not find this a worthy lead to follow. They checked no bank records, either for Mr. Darnell or Ms. Francis. They checked no business accounts to confirm or contradict the accusations of skimming. They questioned none of Mr. Darnell's clients.

In the end, there is only one piece of evidence that actually connects Mr. Darnell with another individual: The blanket containing DNA of both Mr. Darnell and Ms. Francis. The defense here is not making any accusations of murder. We're not trying to blame or accuse Ms. Francis. We're simply stating the facts and demonstrating that nothing the prosecution has provided is sufficient to convict anyone, at the moment, for murder and what they have found doesn't implicate Mrs. Darnell specifically. What they've found thus far is interesting. Certainly worthy of investigating further. I hope that, once this trial is over, they will continue to investigate in order to determine what actually happened.

Thank you.
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 10:00:42 AM
Posted: 4 years ago
The Prosecution would like to call the Crime Scene Investigator to the stand.
"I've got to go and grab a shirt" ~ Airmax1227
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 10:14:30 AM
Posted: 4 years ago
Thankyou for attending today Mr. (not stated by medic).

We have a few questions that we would like to ask you in order to help the process of this trial.

At about what time did you recieve the call on the murder of Edwin Darnell?
"I've got to go and grab a shirt" ~ Airmax1227
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 10:19:40 AM
Posted: 4 years ago
At 7/20/2012 10:14:30 AM, TUF wrote:
Thankyou for attending today Mr. Hubbarb.

We have a few questions that we would like to ask you in order to help the process of this trial.

At about what time did you recieve the call on the murder of Edwin Darnell?
"I've got to go and grab a shirt" ~ Airmax1227
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 10:23:18 AM
Posted: 4 years ago
The call came in to dispatch at approximately 2:00pm on Thursday, July 12.

Dispatch advised that 2 sanitation workers, on their normal route, reported a body found in a car next to one of their dumpsters at the Acme Warehouse.
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 10:26:31 AM
Posted: 4 years ago
Can you give a brief summary of your findings at the crime scene?
"I've got to go and grab a shirt" ~ Airmax1227
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 11:18:59 AM
Posted: 4 years ago
We found the body of a middle-aged male, in the driver seat of a black Lexus. The door was open and he had 5 bullet wounds to the torso, yet there was no blood on the scene. There was vomitus in his airway and on his shirt.

The deceased's wallet was open on his lap, and contained only a picture of his family, and some business cards. There was no cash, credit cards, or driver's license.

In the glove box we found approximately .5 grams of cocaine.

In the back floor we found a blanket with a yellowish stain, and 2 short hairs. DNA testing revealed the stain to be a mixture of seminal fluid, and vaginal secretions, matching the DNA of the deceased, and Ms. Jeannie Francis. The short hairs were consistent with the deceased's pubic hairs.

In the trunk we found a stain in the carpet. DNA testing revealed it to be consistent with the vomitus found on the victim.

All items, including the keys and the vehicle, were tested for fingerprints. The only prints found were those of the victim.
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 6:24:41 PM
Posted: 4 years ago
At 7/20/2012 3:52:02 PM, TUF wrote:
And how was the seminal fluids from the day of the murder?

We estimated that the stain was made 1-4 days before the day of the murder.
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 7:54:13 PM
Posted: 4 years ago
That's very interesting...

Can you tell us what was found at the home of mrs. Darnell?
"I've got to go and grab a shirt" ~ Airmax1227
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/20/2012 10:02:16 PM
Posted: 4 years ago
At 7/20/2012 7:54:13 PM, TUF wrote:
That's very interesting...

Can you tell us what was found at the home of mrs. Darnell?

The items our lab recieved for testing, that were marked as having been found at the Darnell home include the victim's driver's license, his Visa and Discover cards. We also recieved a .38 calibur Smith & Wesson revolver with 5 empty casings in it, and box of Remington ammunition with 6 shells missing. Ballistic tests show that this is the same gun and ammunition that was fired into the victim. The cards had only the victim's prints.

A box of rat poison was also marked as having been found at the Darnell's. It contained no prints.
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 1:01:06 PM
Posted: 4 years ago
At 7/22/2012 10:59:10 AM, TUF wrote:
Can you tell us what was found at the home of mrs. Francis?

The only thing we found at the Francis residence was a picture of Ms. Francis and the deceased, together.
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 2:08:09 PM
Posted: 4 years ago
Thankyou Mr. Hubbard.

I would like to now clarify an answer to a previous question you asked.

Now when you said there was no prints on the rat posion, did you mean recent prints, or did you mean that the prints were completely gone altogether?
"I've got to go and grab a shirt" ~ Airmax1227
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 3:16:15 PM
Posted: 4 years ago
At 7/22/2012 2:08:09 PM, TUF wrote:
Thankyou Mr. Hubbard.

I would like to now clarify an answer to a previous question you asked.

Now when you said there was no prints on the rat posion, did you mean recent prints, or did you mean that the prints were completely gone altogether?

We found no prints at all, recent or otherwise.
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 4:03:37 PM
Posted: 4 years ago
Thankyou Mr. Hubbard, this is extremely interesting information.

Can you tell me on which part of the gun the prints from the victim were located at?

In your professional opinion, was there anything odd about the placement of the fingerprints on the gun?
"I've got to go and grab a shirt" ~ Airmax1227
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 4:24:24 PM
Posted: 4 years ago
Can you tell me what calls were made based on the phone reports, on the day of Edwards death?
"I've got to go and grab a shirt" ~ Airmax1227
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 4:24:53 PM
Posted: 4 years ago
Based on your experience as an investigator, would you say this kill was passioniate, or planned, and why?
"I've got to go and grab a shirt" ~ Airmax1227
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 4:26:05 PM
Posted: 4 years ago
I'll let you answer these questions at your leisure, Mr. Hubbarb.

(Sorry medic, I am back form vacation now, and want to get this trial going now. I'll probably start submitting questions in groups, that way we can get this done faster)
"I've got to go and grab a shirt" ~ Airmax1227
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 6:40:43 PM
Posted: 4 years ago
At 7/22/2012 4:03:37 PM, TUF wrote:
Thankyou Mr. Hubbard, this is extremely interesting information.

Can you tell me on which part of the gun the prints from the victim were located at?

There were no prints found on the gun.

In your professional opinion, was there anything odd about the placement of the fingerprints on the gun?

There were none.
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 6:45:45 PM
Posted: 4 years ago
At 7/22/2012 4:24:24 PM, TUF wrote:
Can you tell me what calls were made based on the phone reports, on the day of Edwards death?
"I've got to go and grab a shirt" ~ Airmax1227
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 6:55:29 PM
Posted: 4 years ago
At 7/22/2012 4:24:24 PM, TUF wrote:
Can you tell me what calls were made based on the phone reports, on the day of Edwards death?

He made calls to several businesses, throughout the day. The last one at 1:15 pm.

He also called Jeannie Francis at 8:45am for 10 minutes, at 12:10pm for 8 minutes, and 9:36pm for 1 minute.

Jeannie called him at 5:38pm for 1 minute, and 9:02pm for 1 minute.

There were also approximately 20 calls from Kate Darnell's phone to Edwin's, between 6:00 and 10:00 pm, on the evening of the murder. All calls were listed as 1 minute long.
medic0506
Posts: 13,450
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 7:14:19 PM
Posted: 4 years ago
At 7/22/2012 4:24:53 PM, TUF wrote:
Based on your experience as an investigator, would you say this kill was passioniate, or planned, and why?

Because the crime scene appeared to have been staged, my guess would be that the murder was planned.
TUF
Posts: 21,309
Add as Friend
Challenge to a Debate
Send a Message
7/22/2012 8:00:17 PM
Posted: 4 years ago
I thankyou Mr. Hubbard. I dismiss the witness and call Kate Darnell to the stand.
"I've got to go and grab a shirt" ~ Airmax1227