The Witnesses for Each Side of the Case Are As Follows

CASE BACKGROUND

The defendant, Lou Slipps, has been charged with the crimes of intimidation, stalking, and conspiring or aiding and inducing Robin Goodes to commit the crimes of burglary, theft, criminal trespass, and criminal mischief. Lou Slipps is a journalist and blogger who authored scathing articles against the victim Terry/Terri Fyde and Fyde’s ghost tour business, Ghostly Paths.

After Fyde posted a photo and “joke” on social media, thought to be accessible only to Fyde’s friends, Slipps called for a public shaming campaign against Fyde and Ghostly Paths. Fyde, unsatisfied with the internet traffic for the public shaming campaign, posted two anonymous responses. One of Slipps’ anonymous posts said that “someone needs to destroy [the] business.”

Someone did destroy the business. On November 1, 2016, Robin Goodes broke the windows and the door of Ghostly Paths, then vandalized the property and stole several items. Facing additional sentencing as a habitual offender, Goodes entered a plea agreement confessing to the crimes but claiming that Lou Slipps inspired the crimes.

The witnesses for each side of the case are as follows:

Prosecution witnesses:

Terry/Terri Fyde – Victim/Ghost Tour Operator

Jay Hull – Indiana State Police Sergeant – Cyber Crimes Expert

Aaron/Erin Guntley – Social Psychologist

Defense witnesses:

Lou Slipps – Defendant/Journalist/Blogger

Robin Goodes – Vandal/Thief

Cy Keyes – Psychologist

Exhibits:

1. Lou Slipps’ Blog dated June 9, 2016

2. Fyde’s Response of June 12, 2016 to Blog

3. Photograph of Fake Grave Marker at the President Benjamin Harrison Grave

4. Lou Slipps’ October 27, 2016 Update to June 9, 2016 Blog

5. Excerpts of Sample Emails, Posts To Blog, Voicemail Messages

6. Indianapolis Police Dept. Incident Report of Vandalism

7. Statement of Confession of Robin Goodes

8. Sgt. Hull’s Notes of Suspect Electronic Messages

9. Curriculum Vitae of Aaron/Erin Guntley

10. Curriculum Vitae of Cy Keyes

This case is an original work of fiction, authored by Susan K. Roberts. These Case Materials are created solely for the Indiana Bar Foundation for purposes of its Mock Trial Competitions. Reproduction of these case materials are not permitted for any other purpose, unless permission is granted by Susan Roberts. The names and events described herein are intended to be fictional. Any similarity or resemblance of any character to an actual person or entity should be regarded as only fictional for purposes of this mock trial exercise. The Case Background is not to be used as evidence in the case, but rather is provided for background purposes only.

STATE OF INDIANA )

) SS: IN THE MARION SUPERIOR COURT

COUNTY OF MARION ) CRIMINAL DIVISION 6

STATE OF INDIANA

Cause No. 49G06-1707-F6-01619

LOU SLIPPS

Defendant.

INDICTMENT

The Grand Jury of the County of Marion upon their oath or affirmation do present that LOU SLIPPS on or about the 27th day of October, 2016 in Indianapolis, Marion County, in the State of Indiana knowingly and intentionally, (1) communicated a threat to Terry/Terri Fyde with the intent that he/she be placed in fear of retaliation for a prior lawful act in violation of Indiana Code 35-45-2-1; (2) engaged in a course of conduct involving repeated or continuing harassment of Terry/Terri Fyde and/or Ghostly Paths, LLC that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually caused said victim to feel terrorized, frightened, intimidated, or threatened violation of Indiana Code 35-45-10-5; and (3) conspired, induced and/or caused another person, Robin Goodes, to (a) damage and deface the property of Ghostly Paths, LLC without consent in violation of Indiana Code 35-43-1-2; (b) break and enter the building of Ghostly Paths, LLC, with intent to commit theft in violation of Indiana Code 35-43-2-1; (c) entered the real property of Ghostly Paths after having been denied entry in violation of Indiana Code 35-43-2-2; and (d) exerted unauthorized control of the property of Ghostly Paths LLC, without its consent, in violation of Indiana Code 35-43-4-2.

I swear, under penalty of perjury, as specified by IC35-44-2-1, that the foregoing representations are true.

/s/ Foreperson

APPLICABLE LAWS

Statutes

IC 35-41-4-1 Standard of proof

(a) A person may be convicted of an offense only if his guilt is proved beyond a reasonable doubt.

IC 35-41-2-2 Culpability

(a) A person engages in conduct "intentionally" if, when he engages in the conduct, it is his conscious objective to do so.

(b) A person engages in conduct "knowingly" if, when he engages in the conduct, he is aware of a high probability that he is doing so.

(c) A person engages in conduct "recklessly" if he engages in the conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.

IC 35-41-2-4 Aiding, inducing, or causing an offense

(a) A person who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense, even if the other person:

(1) has not been prosecuted for the offense;

(2) has not been convicted of the offense; or

(3) has been acquitted of the offense.

IC 35-41-5-2 Conspiracy

(a) A person conspires to commit a felony when, with intent to commit the felony, the person agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same level as the underlying felony. However, a conspiracy to commit murder is:

(1) a Level 2 felony if the conspiracy does not result in the death of a person; and

(2) a Level 1 felony if the conspiracy results in the death of another person.

(b) The state must allege and prove that either the person or the person with whom he or she agreed performed an overt act in furtherance of the agreement.

(1) has not been prosecuted;

(2) has not been convicted;

(3) has been acquitted;

(4) has been convicted of a different crime;

(5) cannot be prosecuted for any reason; or

(6) lacked the capacity to commit the crime.

IC 35-43-1-2 Criminal mischief

(a) A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent commits criminal mischief, a Class B misdemeanor. However, the offense is:

(1) a Class A misdemeanor if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000).

(d) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's operator's license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.

IC 35-43-1-2.1 Cemetery mischief

(b) A person who recklessly, knowingly, or intentionally:

(1) damages a cemetery, a burial ground, or a facility used for memorializing the dead; or . .

(3) disturbs, defaces, or damages a cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure;

commits cemetery mischief, a Class A misdemeanor. However, the offense is a Level 6 felony if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary loss is at least fifty thousand dollars ($50,000).

IC 35-43-2-1 Burglary

A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony.

IC 35-43-2-2 Criminal trespass

(b) A person who:

(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent; . . .

(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent

commits criminal trespass, a Class A misdemeanor. However, the offense is a Level 6 felony if the property damage is more than seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000).

(c)A person has been denied entry under subsection (b)(1) when the person has been denied entry by means of:

(1) personal communication, oral or written;

(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public

IC 35-43-4-2 Theft

A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class A misdemeanor. However, the offense is:

(1) a Level 6 felony if:

(A) the value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000).

IC 35-43-4-1 Definitions

(a) As used in this chapter, "exert control over property" means to obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property, or to secure, transfer, or extend a right to property.

(b) Under this chapter, a person's control over property of another person is "unauthorized" if it is exerted: (1) without the other person's consent.

IC 35-45-2-1 Intimidation

(a) A person who communicates a threat to another person, with the intent:

(1) that the other person engage in conduct against the other person's will; or

(2) that the other person be placed in fear of retaliation for a prior lawful act

commits intimidation, a Class A misdemeanor.

(b) However, the offense is a:

(1) Level 6 felony if:

(A) the threat is to commit a forcible felony;

(B) (ix) the person to whom the threat is communicated is a person that owns a building or structure that is open to the public or is an employee of the person; and the threat is communicated to the person because of the occupation, profession, employment status, or ownership status of the person or based on an act taken by the person within the scope of the occupation, profession, employment status, or ownership status of the person;

(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and

(2) Level 5 felony if:

(A) while committing it, the person draws or uses a deadly weapon.

(d) "Threat" means an expression, by words or action, of an intention to:

(1) unlawfully injure the person threatened or another person, or damage property;

(2) unlawfully subject a person to physical confinement or restraint;

(3) commit a crime;

(6) expose the person threatened to hatred, contempt, disgrace, or ridicule.

IC 35-31.5-2-307 "Social networking web site"

"Social networking web site" means an Internet web site, an application, a computer program, or software that:

(1) facilitates the social introduction between two (2) or more persons;

(2) requires a person to register or create an account, a username, or a password to become a member of the web site and to communicate with other members;

(3) allows a member to create a web page or a personal profile; and

(4) provides a member with the opportunity to communicate with another person.

The term does not include an electronic mail program or message board program.

IC 35-45-10-1 "Stalk" defined

"Stalk" means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity.

IC 35-45-10-2 "Harassment" defined

"Harassment" means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes.

IC 35-45-10-3 "Impermissible contact" defined

"Impermissible contact" includes but is not limited to knowingly or intentionally following or pursuing the victim.

IC 35-45-10-4 "Victim" defined

"Victim" means a person who is the object of stalking.

IC 35-45-10-5 Criminal stalking

(a) A person who stalks another person commits stalking, a Level 6 felony.

(b) The offense is a Level 5 felony if at least one (1) of the following applies:

(1) A person:

(A) stalks a victim; and

(B) makes an explicit or an implicit threat with the intent to place the victim in reasonable fear of serious bodily injury or death.

IC 35-31.5-2-86 "Deadly weapon"

(a) "Deadly weapon" means the following:

(1) A loaded or unloaded firearm.

(2) A destructive device, weapon, device, or electronic stun weapon, equipment, chemical substance, or other material that in the manner it:

(A) is used;

(B) could ordinarily be used; or

is readily capable of causing serious bodily injury.

IC 35-50-2-8 Habitual Offender

(d) A person convicted of a felony offense is a habitual offender if the state proves beyond a reasonable doubt that:

(1)the person has been convicted of three (3) prior unrelated felonies; and

(2)if the person is alleged to have committed a prior unrelated:

(A)Level 5 felony;

(B)Level 6 felony;

(C)Class C felony; or

(D)Class D felony;

not more than ten (10) years have elapsed between the time the person was released from imprisonment, probation, or parole (whichever is latest) and the time the person committed the current offense.

(i) The court shall sentence a person found to be a habitual offender to an additional fixed term that is between:

(1)six (6) years and twenty (20) years, for a person convicted of murder or a Level 1 through Level 4 felony; or

(2)two (2) years and six (6) years, for a person convicted of a Level 5 or Level 6 felony.