People vs. ConchaPeople vs. ConchaUniversity High School Mock TrialUniversity High School Mock Trial

Jury Instructions

Pen. Code Sec. 188 (Second Degree Murder): Murder is the unlawful killing of a human being with malice aforethought

Jury Instructions

Pen. Code Sec. 188 (Definition of Malice): Malice may be express (with intent to kill) or implied (with circumstances that show an abandoned or malignant heart)

Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:

(1) he or she intentionally committed an act;

(2) the natural and probable consequences of the act were dangerous to human life;

Jury Instructions

(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;

AND (4) he or she deliberately acted with conscious disregard for human life

Jury Instructions

CALCRIM 2302 Possession for Sale of Controlled Substance:

(1) The defendant unlawfully possessed a controlled substance (which can include possession with a valid perscription);

Jury Instructions(2) The defendant knew of its presence;

(3) The defendant knew of the substance’s nature or character as a controlled substance;

(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;

Jury Instructions

(5) The controlled substance was amphetamine (Adderall), a controlled substance;

AND (6) The controlled substance was in a usable amount

Jury Instructions

Direct Evidence

Circumstantial Evidence

Page 17 and 18

Jury Instructions

CALCRIM 2302 Possession for Sale of Controlled Substance:

(1) The defendant unlawfully possessed a controlled substance (which can include possession with a valid prescription);

(1) The defendant unlawfully possessed a controlled

substance...prescription;

Did Rae Concha possess Adderall?

Yes, Rae Concha had a prescription for Adderall for his/her ADHD

Jury Instructions

CALCRIM 2302 Possession for Sale of Controlled Substance:

(1) The defendant unlawfully possessed a controlled substance (which can include possession with a valid prescription);

Jury Instructions(2) The defendant knew of its presence;

(3) The defendant knew of the substance’s nature or character as a controlled substance;

(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;

(2) The defendant knew of its presence;

Officer Robin Doherty: bracketed information on page 24

Alex Weaver informed Officer Doherty that Rae kept drugs in his/her SUV

Exhibit A and B

Jury Instructions(2) The defendant knew of its presence;

(3) The defendant knew of the substance’s nature or character as a controlled substance;

(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;

Jury Instructions(2) The defendant knew of its presence;

(3) The defendant knew of the substance’s nature or character as a controlled substance;

(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;

(3) The defendant knew of the substance’s nature or character as a

controlled substance;Officer Robin Doherty: Rae said, “Jason just couldn’t keep up with addy.”

Rae Concha has been prescribed Adderall for the treatment of ADHD since 10th grade (3 years of use) page 35 “I’ve read about the side effects of Adderall when I got my prescription.”

Jury Instructions(2) The defendant knew of its presence;

(3) The defendant knew of the substance’s nature or character as a controlled substance;

(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;

Jury Instructions(2) The defendant knew of its presence;

(3) The defendant knew of the substance’s nature or character as a controlled substance;

(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;

(4) When the defendant possessed the controlled substance, (he/she) intended

to sell it;

Officer Robin Doherty saw Rae Concha buying Ziploc bags

Exhibit A and B

Alex Weaver’s accounts of Rae Concha “handshake” dealing

Jury Instructions(2) The defendant knew of its presence;

(3) The defendant knew of the substance’s nature or character as a controlled substance;

(4) When the defendant possessed the controlled substance, (he/she) intended to sell it;

Jury Instructions

(5) The controlled substance was amphetamine (Adderall), a controlled substance;

AND (6) The controlled substance was in a usable amount

(5) The controlled substance was amphetamine (Adderall), a controlled

substance;

Officer Robin Doherty recognized the pills found in Rae Concha’s car as Adderall (Exhibit A and Exhibit B)

Dr. Ricki Sanchez testifies to the most likely cause of death being Adderall

Jury Instructions

(5) The controlled substance was amphetamine (Adderall), a controlled substance;

AND (6) The controlled substance was in a usable amount

Jury Instructions

(5) The controlled substance was amphetamine (Adderall), a controlled substance;

AND (6) The controlled substance was in a usable amount

AND (6) The controlled substance was in a usable amount

Officer Robin Doherty found one bottle with 62 pills and another with 21 pills; each pill was 20 mg

Jury Instructions

(5) The controlled substance was amphetamine (Adderall), a controlled substance;

AND (6) The controlled substance was in a usable amount

Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:

(1) he or she intentionally committed an act;

(2) the natural and probable consequences of the act were dangerous to human life;

(1) he or she intentionally committed an act;

What is the murder “weapon”?

Adderall

Did Rae Concha intentionally give Jason Johnson, Adderall?

Alex Weaver’s testimony about their “handshake” exchanges

Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:

(1) he or she intentionally committed an act;

(2) the natural and probable consequences of the act were dangerous to human life;

Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:

(1) he or she intentionally committed an act;

(2) the natural and probable consequences of the act were dangerous to human life;

(2) the natural and probable consequences of the act were

dangerous to human life;

Dr. Ricki Sanchez’s testimony to the danger of the general use of Adderall

Dr. Sanchez’s testimony to the danger of Jason Johnson’s use of Adderall

Jury InstructionsCALCRIM 520 - the defendant acted with implied malice if:

(1) he or she intentionally committed an act;

(2) the natural and probable consequences of the act were dangerous to human life;

Jury Instructions

(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;

AND (4) he or she deliberately acted with conscious disregard for human life

(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;

Alex Weaver and Rae Concha testify to having knowledge of Jason Johnson’s heart problem

Rae Concha testifies to knowing the dangers of Adderall (page 35)

Rae Concha “I knew what Adderall could do to someone’s heart.”

Jury Instructions

(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;

AND (4) he or she deliberately acted with conscious disregard for human life

Jury Instructions

(3) at the time he or she acted, he or she knew his or her act was dangerous to human life;

AND (4) he or she deliberately acted with conscious disregard for human life

AND (4) he or she deliberately acted with conscious disregard for human life

Rae Concha “I knew what Adderall could do to someone’s heart.”

Defense

We need to punch holes in the prosecution’s argument

Unfortunately, they have a pretty solid case, so we must dig deep and be creative!

Officer Robin Doherty Sole job was to find the source of drug dealing

Didn’t mention that Alex also had a blue backpack for much of the year (pg 23)

Didn’t investigate anyone else

The Adderall that Jason took could have come from someone else

Alex Weaver

If he/she knew of Jason’s condition, why didn’t he/she warn anyone?

Was a member of “Double Trouble”

Admitted to taking Adderall

Expelled from another school

Not trustworthy

Principal Riley McAlister

Alex vs. Rae - confirmation bias (page 29)

“Oh, no” can be interpreted as - someone broke into my car again

Dr. Ricki Sanchez

Can testify as to what killed Jason Johnson

Cannot testify as to where the Adderall came from

Rae Concha“I think I know where I can get some.”

Car was broken into

Alex and Jason fighting

Counseled others on drug and alcohol abuse

Clean record

Avery Perkins

Alex is “on” something

Jason was a good kid until Alex showed up

Rae was always hard working

Dale Piper

Sees Rae Concha regularly

Rae Concha is dedicated to community service

Ziploc issue

Never appeared to be under the influence of alcohol or any drugs

Dr. Casey Burke

It wasn’t the Adderall

Alcohol was enough to cause arrhythmias in Jason Johnson