INTRODUCTION TO THE CASE PROBLEM
People v. Peterson is a criminal case set ina fictional Illinois state court. Pat Peterson has been charged with aggravated assault in connection with a hazing incident.
At about 6:30 p.m. on October 7, 2006, Kerry Doyle went to the home of Pat Peterson to participate in an initiation ritual for the high school soccer team. At 3:00 a.m. the following morning, after drinking an undetermined amount of water, Kerry Doyle passed out. Paramedics arrived on the scene and transported Kerry to the hospital. He/she was later diagnosed by the emergency room physician with hyponatremia, or “water intoxication,” and was provided an intravenous fluid with the appropriate nutrients. Kerry Doyle regained consciousness the following morning.
The details of the night are provided by the enclosed witness statements. Kerry Doyle was a freshman at Grand Lake High School and a member of the high school soccer team, of which Pat Peterson was captain. The soccer team was engaging in the Varsity Crucible – an annual event in which the older players on the team take the younger players to the captain’s house, and put them through a series of “tests” to make sure the younger players are tough enough to warrant a spot on the varsity team. In attendance were 22 upperclassmen running the event, led by Pat Peterson. Fivefreshmen, including Kerry Doyle, were also in attendance. At one point the freshmen were brought into the basement, where they were told to stand in line and alternate between doing jumping jacks and chugging water. After approximately one hour in the basement, Kerry Doyle collapsed.
The parties have stipulated (agreed) to the following facts, which you should assume to be true:
- Kerry Doyle was properly diagnosed with hyponatremia.
- Kerry Doyle was admitted to County Hospital at 3:42 a.m. on October 8, 2006.
- Ten witnesses have provided statements under oath, verified copies of which are attached. These statements were recorded by a trained and licensed court reporter, whose job is to record on paper exactly what someone says.
Provided in the problem are witness statements, exhibits, applicable statutes, the bill of indictment, and sections of the applicable Rules of Evidence. All teams are expected to be familiar with the parameters of the case problem contained in these materials. Judges and/or evaluators will penalize substantial deviations from the procedural rules established for the case problem and substantial deviations from the facts set forth in the introduction to the case problem and the witness statements.
All individuals and entities in this problem are fictional. Any resemblance to real persons, places, or things is merely coincidental. Although the case is set in a fictional Illinois state court and although Illinois has its own rules of evidence, the Federal Rules of Evidence will apply to this case problem.
LAW APPLICABLE TO THE CASE
Pat Peterson has been charged with aggravated assault under 720 ILCS 5/12-2. Under Illinois criminal law, a person is guilty of aggravated assault when he or she commits an assault while using a deadly weapon.
Illinois defines assault as conduct which places another in reasonable apprehension that the offender will either cause the victim bodily harm or will physically contact the victim in an insulting or provoking nature.
Courts have defined a deadly weapon as an instrument that is used, or may be used, for the purpose of an offense and is capable of producing death.
In the indictment, the Prosecution claims that Pat Peterson used water as a deadly weapon when Pat forced Kerry Doyle to drink excessive amounts of it during a soccer team initiation, which resulted in physical harm to Kerry.
In order to succeed, the Prosecution must prove each of the following elements beyond a reasonable doubt:
- Pat’s conduct placed Kerry in reasonable apprehension of being physically harmed or touched in an insulting or provoking nature;
- The water Pat forced Kerry to drink was a deadly weapon because it is capable of producing death; and
- At the time of the incident, Pat either intended to cause Kerry harm, knew that s/he was causing Kerry harm, or recklessly or negligently disregarded the potential harm that could result from forcing Kerry to consume excessive amounts of water.
Illinois defines recklessness as the conscious disregard of a substantial and unjustifiable risk, where such disregard is a gross deviation from the standard of care that a reasonable person would exercise in the same situation.
Illinois defines negligence as the failure to be aware of a substantial and unjustifiable risk, where such failure deviates from the standard of care that a reasonable person would exercise in the same situation.
The Defense might argue that water is not a deadly weapon. The Defense might also argue that Pat did not have the necessary state of mind for aggravated assault because Pat did not know, and a reasonable person would not know, that the amount of water Kerry drank could create a substantial and unjustifiable risk of harm to Kerry.
1
Indictment No. B01897
In the CCLRE Court of Cook County, State of Illinois
December Term, 2006
THE STATE OF ILLINOISOFFENSE(S)
VERSUSAggravated Assault
PAT PETERSON
TRUE BILL
November 15 , 2006
WITNESS(ES)
OFFICER ROBERT FORD
______FOREPERSON
Filed in office this 16th day of
November , 2006
______
Deputy Clerk, Superior Court of
Cook County
______
Defendant, on November 24, 2006 , being in open court, pleads not guilty .
/s/ Pat Peterson . /s/ John P. Doe .
Defendant Attorney for Defendant
______
Defendant, on ______, in open court, pleads guilty and waives the right to trial by jury; the presumption of innocence; the right to confront witnesses against oneself, the right to subpoena witnesses; the right to testify and offer other evidence; the right to assistance of counsel during trial; the right not to incriminate oneself; and understands that by pleading not guilty or by remaining silent and not entering a plea, one obtains a jury trial.
______
Defendant Attorney for Defendant
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Prosecution Witness – Officer Steele
STATE OF ILLINOIS,
COUNTY OF COOKBILL OF INDICTMENT
IN THE CCLRE COURT OF SAID COUNTY
THE GRAND JURORS selected, chosen and sworn for the County of Cook, to wit:
1. Clara ZydloFOREPERSON
2. Sally Elvart10. Ilene Strawner
3. Yvonne Payrits11. Brett Rodriguez
4. Jason Thornton12. Doug Rollins
5. Colette Broussard13. Christopher Raia
6. Sean Hawk14. David Humphreys
7. Irena Stewart15. Evan Datish
8. Trudy Michas16. Theodore Brown
9. Lavern Miller17. John Doby
In the name and behalf of the citizens of Illinois, charge and accuse
PAT PETERSON
with the offenses of:AGGRAVATED ASSAULT (720 ILCS 5/12-2)
for that said accused, in the County of Cook and the State of Illinois, did, on October 8, 2006, commit the offense of AGGRAVATED ASSAULT by committing an assault with a deadly weapon, contrary to the laws of the State of Illinois, good order, peace and dignity thereof.
_____/s/ Carol A. Clark .
Hon. Carol A. Clark
District Attorney
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Prosecution Witness – Officer Steele
OFFICER LEE STEELE
My name is Lee Steele and I have been a member of the County Police Department here in Illinois for the past twelve years. I responded to a 911 call received at approximately 3:30 in the morning on October 8, 2006. The dispatcher informed me that a teenager had collapsed at a friend’s party. I arrived at the Peterson residence after the responding paramedics had already taken the victim to the hospital. When I knocked on the front door, the defendant, Pat, answered. I asked to speak to Pat’s parents, but Pat said that they were out of town on vacation. I then asked if it was alright for me to take a quick look around the house. Pat said that it was fine and let me in.
There were about a dozen high school students milling around the first floor of the house, mostly watching TV in the living room. I saw no indication that they had been drinking or doing drugs. Nor were there any other signs that anything unusual or illegal had been going on. When I asked Pat to show me the basement s/he seemed to pause before taking me downstairs. The kids must have turned up the air conditioning because the basement was at least fifteen degrees colder than the rest of the house. There were pieces of tape on the floor,looking like portions of a line stretching across the room. The floor around the tape was covered in water. There were also a number of buckets, large jugs, and one-liter soda bottles strewn about. I looked around for signs of alcohol. There was a six pack of beer in the refrigerator in the corner that was missing a couple of cans, but I didn’t see empty beer cans anywhere. I thought I could smell alcohol on Pat’s breath but I did not check his/her blood alcohol level at the time.
I talked with a number of the kids about what happened that night. It was a team initiation event. One of the players told me that Kerry and the other freshmen had been doing various physical exercises all night. They all agreed that at the time Kerry collapsed s/he was drinking water and doing jumping jacks, though none of them were in the basement at the time. No one would say for sure how much water Kerry drank over the course of the evening. They said that the last event included chugging water, and that the freshmen had been at it for about an hour. Estimates of how much Kerry drank ranged from two liters to over five liters.
I also asked the kids about what had taken place the rest of the evening. They all talked about how the freshmen had to run wind sprints and participate in other physical challenges. When I asked if anything unusual had happened to Kerry they all said that s/he seemed fine the entire night. It is my understanding based on their statements that Pat was being particularly rough on Kerry. All of the kids expressed surprise at how insulting and aggressive Pat was acting towards Kerry in particular.
I asked Pat to describe what happened. Pat explained that s/he had been in charge of the evening. The freshmen were put through a variety of physical events as a group in order to make them feel like they were earning their acceptance with the rest of the team. Pat said that during the last event three seniors were in the basement making sure that the freshmen were safe while they were drinking and doing jumping jacks. Pat said that Kerry hadn’t had any more to drink than the rest. Pat said that Kerry was a “melodramatic cry baby” and that s/he needed to be taught a lesson. Pat also said that the reason Kerry collapsed from drinking water was because Kerry was “weak.” I asked Pat how much water Kerry and the others drank, and Pat responded that they had been given about two liters. S/he said that the freshmen had only been in the basement for about an hour when Kerry collapsed. When I asked Pat what s/he did when Kerry fell, s/he replied that s/he didn’t do anything at first. Pat thought that Kerry was faking it to get out of having to finish the event. Once Kerry didn’t get up for a few minutes, Pat told one of the other students to call 911.
I had a strong feeling that what happened to Kerry was more than an accident, but I did not find sufficient evidence to pursue a criminal investigation against Pat at the time. I filed an incident report when I returned to the police station to ensure that the evening was documented. Teenagers always push the envelope when it comes to sports and peer pressure, but that doesn’t excuse their behavior.
It wasn’t until later that I learned that Kerry Doyle, Bob and Marcy’s kid from down the street, was the one sent to the hospital. I coached Kerry when s/he was in grade school and on the club soccer team with my own kids. Even then s/he showed great potential. What a shame, Kerry is such a good kid.
/s/ Lee Steele
SWORN AND SUBSCRIBED TO BEFORE ME
THIS 5th DAY OF MARCH2007.
/s/ C.M. McCormack
NOTARY PUBLIC
My commission expires: 05/01/08
WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct.
/s/ Lee Steele
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Prosecution Witness – Officer Steele
DR. REILLY CLARK
My name is Reilly Clark and I am 47 years old. I am an emergency room physician at County Hospital. I have worked there for approximately eleven years. I attended the University of Illinois where I received my undergraduate degree, a Bachelor of Science in Biology, and my graduate degree in Medicine. From 1992 to 1995, I did my residency in emergency medicine at Rush University Hospital in Chicago. I am board certified in emergency medicine and I am licensed to practice emergency medicine in Illinois. I am a member of the American Medical Association. In 2001, an emergency room patient sued me for malpractice, alleging that I had misdiagnosed a potentially fatal heart condition as heartburn. That case was settled out of court. There have been no further complaints filed against me, and I am a member in good standing of the American Medical Association.
On October 8, 2006, I was one of two doctors on staff when the ambulance arrived with Kerry Doyle. Kerry was unconscious when they brought him/her in. According to the paramedics, they found Kerry unconscious on the floor of a cold basement. The kids at the scene told the paramedics that Kerry had been drinking an unusual amount of water for at least an hour, that they had not seen Kerry eat anything since at least 7:00 pm, and that Kerry had been exercising for more than three hours. To the best of their knowledge Kerry had not taken any illegal substances or had any alcohol. The paramedics said that Kerry had a mild seizure on the drive to the hospital.
I am a runner and a volunteer medic for local marathons, so my first reaction was that Kerry was suffering from hyponatremia, often referred to as water intoxication. Hyponatremia occurs when a person takes in so much water that the sodium levels in thebody are diluted. Typically, hyponatremia occurs when the sodium level in the blood’s plasma falls below 135 mmol/l, but this may vary case by case. The balance of water to sodium in the blood is called plasma osmolarity. The drop in sodium causes fluid that usually flows around cells to enter them, causing the cells to swell. The swelling can cause the cells to rupture or put pressure on nearby cells and organs, causing them to malfunction. The brain is at particular risk because there is little room to accommodate the swelling.
There is no clear science for determining when a person is at risk for hyponatremia. Consuming three liters of water in a single sitting is dangerous for someone on a normal diet. If a person is on a low sodium diet, drinking as little as 1.8 liters could be fatal. However, these numbers have to be measured against the amount of food and salt that a person takes in while drinking water, and also by the amount of water lost by urinating or sweating. Individuals participating in endurance exercise events such as marathons are at a particularly high risk. Hyponatremia, if not treated quickly, can be fatal.
I told the nurses to check the concentration of sodium in Kerry’s blood, in addition to the standard blood labs run when a patient is brought into the emergency room unconscious. We also tested the osmolarity of Kerry’s urine. Kerry woke up momentarily while we were drawing his/her blood. After vomiting up a substantial amount of water, Kerry said that s/he had a headache and felt dizzy. I asked Kerry if s/he knew why s/he had collapsed. Kerry mentioned that s/he had been drinking a lot of water in the basement and had been doing jumping jacks. Kerry was afraid that the water was the reason s/he was in the hospital. Kerry asked if what happened to him/her was like what happened to the woman in the Grand Lake marathon a while back. That woman died as a result of water intoxication. I asked if Kerry remembered collapsing, but s/he didn’t. All Kerry could remember was having a headache at the time.
Kerry’s blood work indicated that the osmolarity of the blood was around 130 mmol/l, which is a dangerously low sodium concentration and is indicative of hyponatremia. Given this low concentration of sodium and Kerry’s unconscious state, Kerry is extremely lucky that s/he didn’t fall into a coma and/or die. In order to combat the condition I administered a saline solution directly into Kerry’s system intravenously at around 4:30 am. I instructed the attending nurses to test for any damage to Kerry’s nervous system and brain. Luckily Kerry hasn’t experienced any permanent damage.
/s/ Dr. Reilly Clark
SWORN AND SUBSCRIBED TO BEFORE ME
THIS 5th DAY OF MARCH2007.
/s/ C.M. McCormack
NOTARY PUBLIC
My commission expires: 05/01/08
WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct.