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 articlesagainst 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. Slipps, 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:

Lou Slipps’Blog dated June 9, 2016
Fyde’s Response of June 12, 2016 to Blog
Photograph of Fake Grave Marker at the President Benjamin Harrison Grave
Lou Slipps’October 27, 2016 Update to June 9, 2016 Blog
Excerpts of Sample Emails, Posts To Blog, Voicemail Messages
Indianapolis Police Dept. Incident Report of Vandalism
Statement of Confession of Robin Goodes
Sgt. Hull’s Notes of Suspect Electronic Messages
Curriculum Vitae of Aaron/Erin Guntley
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 27thday 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/shebe placed in fear of retaliation for a prior lawful actin 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 causedsaid victim to feel terrorized, frightened, intimidated, or threatenedviolation 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 consentin violation of Indiana Code 35-43-1-2; (b) break and enter the buildingof Ghostly Paths, LLC, with intent to commit theftin violation of Indiana Code 35-43-2-1; (c)entered the real property of Ghostly Paths after having been denied entryin 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 ofserious bodily injury ordeath.

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.

Indiana Felony Sentences

Level 1 Felony: / Range: 20 to 40 years with an advisory sentence of 30 years
Level 2 Felony: / Range: 10 to 30 years with an advisory sentence of 17 1/2 years
Level 3 Felony: / Range: 3 to 16 years with an advisory sentence of 9 years
Level 4 Felony: / Range: 2 to 12 years with an advisory sentence of 6 years
Level 5 Felony: / Range: 1 to 6 years with an advisory sentence of 3 years
Level 6 Felony: / Range: 6 months to 2 1/2 years with an advisory sentence of 1 year

Case law

Evidence that a polygraph examination was taken or refused is, in the absence of waiver or stipulation, inadmissible in a criminal prosecution. The rule prohibiting reference to polygraph evidence absent waiver or stipulation by all parties is properly applied to prohibit a defendant from stating that he/she offered to take a polygraph test. An offer to take a polygraph test is not probative of either the defendant’s innocence or credibility. The defendant may not have wanted to do anything more than make an offer to take the test, if faced with the possibility of actually taking one. On the other hand, the defendant may have thought he or she knew a way to "beat" the polygraph, or may have only desired to take a test administered by either an examiner or by use of an instrument unacceptable to the State.Moore v. State (1977), 267 Ind. 270, 273,369 N.E.2d 628, 630.

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.

STIPULATIONS

Note: No witness may contradict or deny knowledge of the facts contained in the stipulations.

1.All exhibits included in these Case Materials are authentic and accurate in all respects; no objection to the authenticity of these exhibits will be entertained. Unless stated otherwise herein, the admissibility of the exhibits on other grounds may be challenged.

2.All witness statements were signed by each witness under oath.

3.Exhibits 1, 2, 4, 5, and 7 are admissible without objection and do not need to be offered through a witness.

4.Robin Goodes’ fingerprints were on the bricks located on the premises of Ghostly Paths as a result of the vandalism on or about November 1, 2016. There are no objections to the validity of the fingerprint analysis or the chain of custody of the bricks.

5.Robin Goodes has a criminal record of three prior felony convictions.

6.Robin Goodes entered into a Plea Agreement in connection with the November 1, 2016 vandalism and theft at Ghostly Paths. In exchange for cooperating with the State and identifying Lou Slipps as the mastermind of the crimes against Ghostly Paths, and agreeing to undergo a psychological assessment and therapy for anger management, the State agreed to dismiss all counts against Goodes, except a Criminal Trespass, level 6 felony. The State also agreed to not pursue additional sentencing as a habitual offender.

7.At the discretion of Slipps’ legal counsel, and upon court approval, Robin Goodes may be treated as a hostile witness by the defense.

Statement of Terry/Terri Fyde

My name is Terry/Terri Fyde. I was born and raised in London, England until I was 16, at which time,I moved to Indianapolis with my family. Icurrently live at 424 E. Market Street in Indianapolis, Indiana. I previously lived at 6184 Carvel Avenue in the Broad Ripple area of Indianapolis, but was forced to move after being publicly shamed by Lou Slipps. I am the owner of Ghostly Paths, LLC, located at 1861 Monument Circle in Indianapolis, Indiana.

Ghostly Paths has been conductingtheatrical and lantern guided walking tours of the city for the past four years. The stories shared onthe tours are inspired from local history, legends and myths. However, the company’s focus is as an entertainment venue - - sharing stories in an entertaining way. I draw upon my background, experience and education in the theater world. Growing up and spending my formative years in London, I gained an appreciation for the theater. I pursued a degree in Theater at Northwestern University and I received my Bachelor of Arts degree in 2006. After graduating from Northwestern, I spent several years performing in theaters throughout the country, including performances at the Chicago Shakespeare Theater, The Illinois Shakespeare Festival, the St. Louis, Shakespeare Festival, Indiana Repertory Theater, Milwaukee Repertory Theater, Brown County Playhouse, and Lincoln Amphitheater. I also honed my craft for storytelling while performing for the Philadelphia Founding Fathers Walking and Ghost Tours.

I created Ghostly Paths to pursue my passion in theater in a venue that connects with people through more interaction than a stage production. The main objective is to educate people about the history of the city already well known for its tourist appeal. My goals were to craft something that adheres to the traditions of the city and most important, entertains and creates unforgettable memories. The ghost tour works because there is increased public interest in theparanormal researchofghost hunters. Throughout the country there is an explosion of guided tours geared towards history as a tourist attraction. In addition to the tours, Ghostly Paths offers items for purchase, including books of historical and local interest, storytelling CDs, as well as novelty items, including paranormal equipment. The shop and tours always seem to generate significant traffic as Halloween nears.