6 - ITL problem class #6.docx
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PROBLEM CLASS #6 A lawyer in your firm, Ali, has consulted you for help in solving a problem with a client. The client is Doug McKee, a criminal defendant who was arrested three days ago and charged with murder. He is accused of killing his friend, Cara Smith. She was found in her home, bludgeoned to death by a blunt object. A gun cabinet in her home had been forced open and a revolver was missing from the cabinet. Smith’s children, Matt (14) and Tara (10), are missing. McKee was arrested the day after Smith’s murder when his fingerprints were found in blood stains in Smith’s home. Ali was retained by McKee on the day of his arrest and has consulted with McKee several times in jail, where McKee remains. Ali tells you that when he first met with McKee, he said that he was “being framed” for the murder and had not killed Smith. Ali reports that McKee sometimes seemed lucid, but also engages in “bizarre ramblings” that McKee presents to Ali as fantasies, but which contain information about Smith and the children. During one conference, McKee told Ali: “I have been places with the family. We all have hiding places—back roads and remote places we know about—where we might go.” McKee then asked Ali: “Would you like me to draw you a map, just to give you an idea of what I am talking about?” Ali said “Yes” and McKee drew a map, showing a rural location about 25 miles away. The next day, Ali received a phone call from McKee who said, “I need to speak with you right away. I know who did it.” When Ali arrived at the jail later that day, McKee told him “Satan killed Cara.” Ali replied “What about the kids?” McKee responded: “Jesus saved the kids.” Ali then said to McKee: “Finding the children alive would spare you additional murder charges.” In response, McKee said only: “See you tomorrow.” Ali is now convinced that McKee killed Smith. Ali is consumed with concern that, four days after the murder, the children may still be alive. He wants you to help him make a decision about
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Transcript of 6 - ITL problem class #6.docx
PROBLEMCLASS #6
A lawyer in your firm, Ali, has consulted you for help in solving a problem with a client. The client is Doug McKee, a criminal defendant who was arrested three days ago and charged with murder. He is accused of killing his friend, Cara Smith. She was found in her home, bludgeoned to death by a blunt object. A gun cabinet in her home had been forced open and a revolver was missing from the cabinet. Smiths children, Matt (14) and Tara (10), are missing. McKee was arrested the day after Smiths murder when his fingerprints were found in blood stains in Smiths home.
Ali was retained by McKee on the day of his arrest and has consulted with McKee several times in jail, where McKee remains. Ali tells you that when he first met with McKee, he said that he was being framed for the murder and had not killed Smith. Ali reports that McKee sometimes seemed lucid, but also engages in bizarre ramblings that McKee presents to Ali as fantasies, but which contain information about Smith and the children. During one conference, McKee told Ali: I have been places with the family. We all have hiding placesback roads and remote places we know aboutwhere we might go. McKee then asked Ali: Would you like me to draw you a map, just to give you an idea of what I am talking about? Ali said Yes and McKee drew a map, showing a rural location about 25 miles away. The next day, Ali received a phone call from McKee who said, I need to speak with you right away. I know who did it. When Ali arrived at the jail later that day, McKee told him Satan killed Cara. Ali replied What about the kids? McKee responded: Jesus saved the kids. Ali then said to McKee: Finding the children alive would spare you additional murder charges. In response, McKee said only: See you tomorrow.
Ali is now convinced that McKee killed Smith. Ali is consumed with concern that, four days after the murder, the children may still be alive. He wants you to help him make a decision about what to do next. Consult with the members of your firm and choose one of the following options. Assume that Florida Bar Rule 4-1.6 (posted under Course Materials with the assignment) applies.
A.Ali should anonymously report the location on the map to the Sheriff.B.Ali should identify himself as McKees lawyer and report the location on the map to the Sheriff.C.Ali should inform McKee that the lawyer will report the location on the map to the Sheriff.D.A and CE.B and CF.Ali should not do any of the above. If you choose this option, you must indicate what you would do.
