John Clark Legal Argument Rules & Fact Pattern

John Clark Legal Argument 2021

John Clark Legal Argument Rules

Although the event is called “legal argument,” it encompasses both opening statements, which are expository in nature, and closing arguments, which are akin to persuasive oratories.  The purpose of an opening statement is to preview what the evidence will show in a manner supportive of the proponent’s position – but in a non-argumentative fashion.  This is usually done in a story fashion with introductory phrases such as “the evidence will show.”  Closing argument “marshals the evidence” and argues it in a manner consistent with the proponent’s position.  Visual aides may be used in both opening statements and closing arguments.  Competitors may choose to deliver either an opening statement or a closing argument for either the prosecution or the defense.  Speeches must be based on the facts stated in the hypothetical fact pattern.  Washington State law applies and students are encouraged to research applicable legal issues.  The hypothetical fact pattern is attached to this invitation along with copies of the applicable criminal statutes.  The time limit for this event is 8 minutes. Judges will be given access to the hypothetical fact pattern. 

Suggestions for Competing in John Clark Legal Argument

From a debater standpoint, the beginning Legal Argument competitor should think of a modified oratory and or a modified expository.  When lawyers present their opening statements or closing arguments in front of a jury or judge, they do not really argue with each other.  In a legal drama, one might hear an objection raised during one of these presentations, but in reality such objections are extremely rare. For example, think how often you have ever heard the other side in an LD or CX debate shout out objection during the opponent’s affirmative case.  It never happens does it! It should not happen in this Legal Argument event. Instead, the contestants simply present their opening statements or closing arguments as they would if they were presenting the case to a jury.

The first thing the Legal Argument competitor must do is read the fact pattern through to get a general flavor for the facts. The student should then decide whether he or she wants to be a prosecuting attorney or a defense attorney.  Then the competitor should decide whether to present the opening statement or the closing argument. Although both are allowed, most debaters seem to pick closing arguments; although a few students, mostly those with experience in expository speech have chosen to do opening statements and have done very well. Sometimes, doing something different helps one to stand out.

After deciding what side of the argument the competitor wants to represent and whether to take the closing argument or opening statement, the competitor should go back to the fact pattern and carefully read it.  The fact pattern is designed so that both sides (prosecution and defense) can win. Look for any discrepancies in the factual statements or the opinions of the experts.  Look at timelines. When did things actually happen, and how exactly did the event occur. Carefully go over the law provided with the fact pattern.  This is the basic law. A student may research other aspects of Washington law if s/he wishes to do so and add it to his/her argument. No facts stated in the official fact pattern may be changed. However, a student is free to draw any reasonable inferences from the facts (in closing argument) to argue his or her case.

Remember, opening statement is designed to show the jury what the evidence at trial will show. Like a good informative speaker, in a non-persuasive manner, the event will be “explained” in such a manner that the jury is convinced that the defendant is guilty (prosecutor) or not guilty (defense) just from the manner and clarity of the way the evidence is presented. In the closing argument, the contestant will argue how the evidence meets the legal criteria (law) to convict the defendant or how doubt exists such that the defendant could not possibly be found guilty beyond a reasonable doubt.

When the competitor has written his/her argument, s/he may decide to create visual aids to help present his case. The use of visual aids is totally up to the competitor. I have seen students win this event with and without visual aids. Sometimes visual aids help and sometimes they detract from the presentation. Thus, their use is up to each individual competitor.

The time limit for legal argument is eight minutes with a 30 second grace period. Students will present their cases in a pattern consistent with any typical IE.  Competitors do not actually cross examine each other. Students may use note cards.

One closing suggestion is that some competitors in the past have watched a courtroom drama or two (e.g. the movie, The Verdict or a similar TV drama) and modeled the manner in which they walk up and down in front of the jury or the way they speak after the movie/television lawyer(s). It sometimes helps, and at least the kids can enjoy a good courtroom drama.

I hope that everyone who attempts this event has a lot of fun with it.

John Clark Legal Argument Fact Pattern 2021

Note: The following fact pattern is a work of fiction. Any resemblance to real persons, places, facts, establishments, or locales is entirely coincidental.

State vs. Lisawer

Introduction

This is an action for negligent homicide arising out of a vehicular accident involving a Someplace Police Department police cruiser driven by Sargent Wynona Lisawer and a motorcycle operated by Stanly Nonseq. The decedent, Miss Karalyn Smelter, was a passenger on Nonseq’s motorcycle.

The accident occurred on or about the 22nd day of November, 2020 at approximately 02:27 hours at or near the intersection of East Egg Boulevard and Clevemerang Avenue in the City of Someplace, Washington.

Witness Statements/Testimony follows:

Vladimir “Vlad” Blew

Vlad Blew, male, age 37, is president of the Washington State Interscholastic Croquet Administrative Agency, which is under the auspices of the Washington State Department of Mental and Physical Education. As such, he is in charge of the hugely popular State High School Croquet Tournament, known as “Mallet Madness.”

Vlad Blew states:

“When the COVID-19 virus pandemic struck in March, I foresaw the need to take quick action to save the sport. Although most of my colleague’s believed everything would be back to normal by summer, or fall at the latest, I couldn’t stop this nagging feeling I had that if we didn’t take immediate action, Mallet Madness might not happen. I couldn’t let that occur.

I came upon an idea that was later adopted by the pros. We simply built a giant covered field complex. It was also my idea to name it the Gumption Bubble, because, as everyone knows, it takes a lot of gumption to be an effective croquet player and champion. We built the bubble in Octafest, Washington. Octafest’s central location made it easier for teams from across the state to access it, and since the beautiful fall scenery in and around Octafest creates a tourist mecca, there would have been lots of hotel rooms to choose from if we had been able to allow spectators.

Even though finances have been tight, due to the huge economic impact the tournament has on the state economy, state legislators were more than willing to fund the bubble. The tournament is so popular that even without being allowed spectators this year, revenue from pay per view television alone allowed for a respectable profit on the games.

I know Stanly well, and I was quite close to his girlfriend, Karalyn Smelter. I understand the two planned to marry after high school and they both wanted to turn pro. It’s such a shame what happened to her. She was a real star.

We finished the championship match a few minutes after 10:00 PM on Saturday evening. That would have been the 21st of November. In a broadcast at the end of the game, I advised all players to stay in the bubble for the night and go home in the morning. It was getting late. I knew there would be celebrating before anyone left, and some of these players had been playing nonstop for twelve or more hours that day. They were obviously tired, and I didn’t want them out on the roads. Coaches were giving their players the same advice, but kids who had signed permission slips from their parents were allowed to leave. You have to remember these kids had been locked in the bubble for the entire three-month season. They wanted to go home.

Fortunately, Karalyn was the only kid who got hurt that night. Obviously, her death breaks my heart, but I take pride in the fact that we had no cases of COVID during the entire bubble experience.

The last time I saw Karalyn, she was getting on the back of that fancy chopper Stanly was riding. That must have been sometime between 11:30 and midnight or so. I’m not exactly sure on the time, but I know it was pretty late. She waived goodbye and they rode off into the moonlight. 

That’s all I remember.”

Andy Smackle

Andy Smackle is a seventeen-year-old junior croquet player from St. John Chrysostom Preparatory School in Ocean Tidy, Washington.

Andy Smackle states:

“I have known Stanly Nonseq for three years. To his buds, like me, he goes by Stan. We call him Stan the Man!

I was a freshman when we met at our first state tournament. Stan was a sophomore for Someplace High. Even though he was only a sophomore, you could tell he was going to go pro someday. He was just terrific. I was still sitting on the bench and he was already starting for the strongest team in the state. I knew his girlfriend, but I didn’t hang out with the two of them. I was just Stan’s friend. I would have liked to go to her funeral though to pay my respects, but of course the family wasn’t allowed to hold a funeral because of the virus. Pretty sad. Really.

I used to hang out with Nonseq when his girl wasn’t around. His grandad actually loaned him that retro chopper to get him to and from the tournament. I don’t think the old guy thought the bike would be used during the tournament much, but Stan and I took it out almost every day. We must have put a thousand miles on that thing by the end of the season!

The bike is really cool and retro. It’s painted to look just like the one Peter Fonda rode in Easy Rider. Stan said that was his grandfather’s favorite movie. He and his grandad must have watched it twenty times. Stan knew a lot of great lines from that movie. I liked the ones about freedom. Stan and I watched the movie together the night they showed it in the bubble’s cineplex. I thought it was just about some hippies riding motorcycles, but Stan explained it to me. It’s really pretty cool. Like deep. I always wished I was as smart as Stanly. Man, that guy knows more about movies than anyone I ever met.

When we first started riding the bike around the complex, Stan had some trouble making quick turns. He almost dropped the bike once, but got his feet down and was able to hold it up. I wasn’t on the bike at the time, but I saw it start to fall, and ran over and helped Stan straighten it up. It’s a good thing we croquet players got such muscular legs or he’d have dropped that baby! Man, I bet his grandfather would have killed him for that!

I remember Stan saying the bike was a lot different from his Honda Rebel. He’d brought that bike last year. It’s pretty small compared to the Harley chopper. I think the Rebel was like a 1995 250 or something; so, he was up quite a bit in power with the Harley and those forks on a chopper take a bit of getting used to, but he got it down after a few weeks, and we rode the bike almost every day.

We were in the bubble for like three months. After we’d been playing with the bike for a while, he finally got to where he could make the turns without the problems he had when he started, and man could that baby move when he gave it gas. Wow! It was cool! It smoked, man!

We’d mess around on the bike most afternoons. His girlfriend took forever to get ready after practice. Most of us just hit the showers and were on our way. Stan once told me she said she had to take a luxury bath after every practice to remind herself she was the “epitome of femininity.” I guess it took her forever to do her hair too. She had this natural blond curly hair that hung down to her butt. I’ve seen chicks with straight hair that was that long, but she had like curly long hair. It was all tucked up in braids during the day, but she never went out after practice without her hair down the way she liked it.

I remember one time, Karalyn made everyone at dinner laugh. She came into the dining hall and said out really loud, “Rapunzel; eat your heart out girl!” Everybody laughed really hard. I laughed too, although I still don’t get the joke. I never even met anyone named Rapunzel in the bubble… and believe me, I looked. I still want to know why that joke was funny, but man it was funny.”

Koretta Jameson

Koretta Jameson is an eighteen-year-old senior at Close By High School in Someplace, Washington. She is co-captain of the Close By croquet team.

Koretta Jameson states:

“This was a big year for our family. My twin brother, Heathrow, and I are co-captains and it was our school’s first trip to the state tournament in several years. Even though we blew it and went down in the first match, I still had a blast living in the bubble. My team, including my brother, left Thursday night, but I continued living there until the end of the tournament. I wanted to see how far Someplace got. They won it all! 

Karalyn Smelter and I were best friends since kindergarten. We only lived a block apart, but when the district drew new lines, we ended up having to go to different high schools. We still saw quite a bit of each other though.

I didn’t used to like Karalyn’s boyfriend, Stanly, very much. I thought he was a know it all jerk. However, he was terribly fragile following Karlyn’s death. You know, they were going to get married. Anyway, I kept trying to comfort him and, well, one thing led to another and, well, we’ve been going out now for a couple of weeks. I guess Karalyn was right all the time. He is just as dreamy as she said.

After the championship match, Stanly was upset before leaving. Karalyn didn’t want to leave until morning, but Stanley was insistent upon getting home. He has a little brother and sister. They are twins like me. Anyway, it was their third birthday. He told Karalyn they were leaving, and to get ready quick because he wanted to get on the road. It’s more than a three-hour drive to Someplace. As usual, Karalyn was taking forever to get ready. Even though she was going to be riding on the back of a motorcycle for three hours and then go home and go to bed, she insisted on having one of her “luxurious baths” and she insisted that her hair be properly taken care of.

When she was getting on the bike, Stanly asked her if “all that stuff was really necessary.”

I’ll never forget her reply. She said, “You get all the benefit of how I pamper myself. If you want a lady this fine on the back of your bike, you’d better always make sure that my fine lines are taken care of the way your granddaddy takes care of that fine ride we’re taking home.”

You got to admit the girl had style.

The bike had saddlebags. They each put their stuff on different sides of the bike. I’m surprised she could cram all her things into one of those bags. She insisted that her “girl things” were not to be mixed with his “boy things.” She put her gear into the bag which would be on the right side of the rider. She said, “The right side for the right girl.”

Of course, Stanley had no problem loading his saddlebag. He hardly brought any clothes or anything. Since all of the croquet gear including uniforms was transported on the school bus, he only had his jeans and T-shirts. He was wearing his leather jacket and pants. So, he didn’t need much room.

I don’t know why they shoved all her junk into one bag. It would have made more sense to just mix it up.

It was close to midnight when they left. I remember thinking they really looked cool riding off into the moonlight together. So romantic!”

Janis A. Habackling

Janis Habackling is the night manager of Pequad’s Total Teas and Coffee. She is a twenty-nine-year-old single mother of two children. She is working toward her masters in business administration at Sant ‘Ignazio University. She works nights so she can spend more time with her kids.

Janis A. Habackling states:

“I didn’t see the accident, but I heard it. I ran to the window. There was a full moon that night so I could see the accident. I could see the headlights of the cop car. I didn’t see the flashing blue and red lights, which I found strange.

I called 911. I know exactly what time I called 911 because call times are recorded on my cell phone. For some reason, I never deleted the calls. You can see right here on my phone that my call to 911 was placed at 2:30:18 AM on November 22, 2020.

The 911 people kept me on the phone until the paramedics arrived. You can see right here that the call ended at 2:37:12 AM; that would be when the paramedics arrived.

I didn’t want to be a looky loo, so I went back to my work when the paramedics came. Besides, I was the only one in the store at the time, so I had to get back to work.

It’s a real shame that that girl had to die. I always thought that stupid game that witch of a cop played was going to get somebody killed. I guess I was right. 

Yeah. I know the cop. She used to come in here every night. I guess I should say every morning, because it was always after midnight. We’re one of the only all-night coffee shops in the area. She was a jerk. She wouldn’t wear a mask…. Ever! I tried a couple of times to remind her that by law, I wasn’t even supposed to let her in without a mask. The first time, I pointed out the mask required sign on the door, she said, “Well, I’m the law; so, don’t worry about it. Aren’t you over with COVID? I am so over hearing about COVID, and I certainly don’t want some minimum wage coffee servant telling me what I can and can’t wear. Just get me my coffee and shut up, Okay.”

What could I do. The last thing you want when you work nights is to have the cops hate you. She also never tipped. When you work for minimum wage, it’s nice to get some tips. The kid was nice though. She always brought him in on Saturday nights dressed in his boy scout uniform. The kid always tipped, was polite, and just plain nice.

Anyway, about the game. On Saturdays, Officer Lisawer had an Explorer Boy Scout who rode along with her. It was always the same kid. He was with her the night of the accident.

She was always showing off and talking like a big shot when the kid was there to follow her; he was like a puppy lapping up her every word.

She liked to have a cup of coffee and then ask me to watch her cup while they “stepped out for a minute.” She was too cheap to pay for another cup of coffee when they got back. So, she’d leave her cup and then get a refill when she returned. I always thought it was funny that the kid could pay for a second cup of coffee, but Ms. Big Shot was just too cheap.

Lisawer had the kid all jacked up about how she had one of the few interceptor vehicles on the force. They’d go out and race around the park to see how fast they could do the mile loop. It was stupid, but she did it almost every Saturday.

They had been gone less than ten minutes when I heard the accident. They crashed just off the park, so there’s no question in my mind. I’m sure she was playing her little Indy game. What an idiot.”

Lieutenant Minorca Smiley

Someplace Police Department Lieutenant Minorca Smiley is a twenty-three-year veteran of the city’s police force.

Lieutenant Minorca Smiley states:

“As a lieutenant on the force, I don’t usually investigate accidents myself. However, since the accident involved a Someplace officer, I was called in to assist with gathering facts.

I arrived at the scene of the accident at 2:58:07 AM on the morning of November 22, 2020.

When I arrived at the scene, I saw the police interceptor vehicle lying on its side up against the porch of a house on the south side of Clevemerang. I took photographs of the scene, coned and taped (caution) off the accident scene, laid out barriers with flasher lights, and assigned two patrolmen to guard the scene and direct traffic away from the area. I also identified witnesses, and arranged for the department’s accident reconstructionist to investigate first thing in the morning.

I noted what appeared to be tire marks in wet leaves in the intersection of Clevemerang and East Egg Boulevard. I photographed the marks, took measurements and had plaster casts made.

The paramedics had already arrived. They were dealing with both of the victims.

When I first arrived, an explorer scout came running up to me. I know the boy from being around the station. His name is Heathrow Jameson. He is a high school student.

Heathrow ran up and just started blurting everything out,

“I am so glad you are here. I am scared. Those are my friends on the bike. Is she going to be okay?”

“I got the video camera out of the patrol car like Sargent Lisawer told me, and I filmed her giving Karalyn mouth to mouth.”

“We were racing around the park like we’re always supposed to do when we have spare time. I was watching the stopwatch and Sarge was driving. She always says we’ve got to make the green traffic light at the corner of West Egg and Wrigley Place within ten seconds if we’re going to break a minute. We hit it in eight seconds. We start and end at the yield sign at East Egg and Clevemerang. Sarge always revs the engine at the start, and blows through the sign when we hit the mile, but there’s never anyone there, and she’s going too fast to stop anyway.  She told me once it doesn’t matter if you run yield signs when you’re a cop. Other people should be watching for you; besides, we have lights and we can blip the siren. I don’t know why we didn’t have our flashing lights on this time. We usually do. We had just hit 48 seconds when we went through the yield sign and the motorcycle was right there.”

At that point, I realized the kid could be involved in a crime. I said, “Woah there. You might want to talk with a lawyer before you say anything more. Heathrow asked me why he would be in trouble since they were just doing what they were supposed to do. He said,” Why would I be in trouble? Sargent Lisawer said we have to do the racing to make sure we’re able to catch crooks in a car chase.”

I told him I wasn’t placing him under arrest, but I thought he might want to talk with a lawyer before he said anything more to me. Since I kind of knew the kid, I handed him a card for John Clark’s law firm. I suggested, “Why don’t you just call this John guy before you say anything more?” John’s firm handed my brother’s divorce. I’d testified in the divorce case and met John a couple of times at the office. He seemed like a nice guy. I’ve also seen him in action and he’s good. I just happened to have the firm’s card in the pocket of my trench coat.

The kid took the card and walked over to the side of the road. He called Mr. Clark. When he returned, he said Mr. Clark told him not to answer any questions without his being present.

Later, at the station house, we tried to interview Jameson with his lawyer. However, Heathrow refused to answer any questions on the basis of his fifth amendment rights.

Before I left the accident scene, I talked with Stan Darland, who owned the house where the interceptor came to rest, and a homeless man who’d been sleeping in the park and goes by the name of Palms Seaquist. Seaquest was kind of funny. He volunteered that he hadn’t been drinking. He appeared sober to me. No one answered at the house where the victim’s body came to rest.

One thing was strange. The paramedic came up and asked me what was up with my officer. She said that when she arrived at the scene, our cop (Sargent Wynona Lisawer) was giving mouth to mouth to a dead girl with a broken neck.

I cleared the scene at 4:09 AM.

After leaving the scene, I stopped for a cup of coffee at Pequad’s. the manager, A Ms. Janis A. Habackling told me she had heard the accident, so I took a statement from her as well.”

Judicial Ruling on Jameson Hearsay

At a pretrial hearing, the court ruled that all of Mr. Heathrow Jameson’s statements to Lieutenant Minorca Smiley would be admissible under various exceptions to the hearsay rule.

Stan Darland

Stan Darland is a 57-year-old male. He is married with three minor children. He owns the home at 237 W. Clevemerang Avenue where the police interceptor came to rest.

Stan Darland states:

“I’ve been awakened by that cop car zipping through the neighborhood before. She’s a menace. She does this almost every week. The last time she did it, I got a picture of her license plate. A couple days before, I had been so angry that I went out and rented a fancy camera that could get a picture of a moving vehicle. Pretty cool.  Got the picture, and I called the cops and complained. They said she’d stop.

She’s always had her flashing lights on before and has always kind of blipped the siren at the end. I didn’t hear any kind of siren this week and I didn’t see any lights except for white headlights that were kind of turning and then I heard a loud crash when the cop car hit my house.

I looked out my bedroom window and saw a cop car on its side blocking my front door. I told my wife to call 911. I had to go out the back door. By the time, I ran around the house and got to the front, the lady cop was giving mouth to mouth to the young girl. The girl was bleeding bad. I thought you were supposed to take care of bleeding like that. There was a kid in a boy scout uniform climbing out the driver’s side car window. I also saw a boy, who turned out to be the other kid on the bike. I went over and tried to help him. He was moaning. He was dressed in motorcycle leathers. His outfit was scraped up, but it held. I think he might have broken something because he seemed to be in a lot of pain. It wasn’t long before the paramedics arrived.”

Palms Seaquist

Palms Seaquist appears to be in his late twenties to early thirties. He says he doesn’t know how old he is or have any identification. He gives his residence as “I usually sleep in the park, but when it’s really cold, I go to the mission. I don’t like the mission because they make me follow rules and I can’t drink. I don’t like no rules, but I do like to drink. So, I sleep in the park.”

Palms Seaquist states:

“I was stone sober that night. I had a bad day with money. I tried collecting cans in the park for recycling, but I couldn’t find any. I stood on the street corner with a cup. I got enough change to buy a burger at the burger joint, but didn’t get near enough to buy a bottle. I had a bottle of Spud Light beer, but it was frozed up. I broke it and tried to lick the ice cube, but that didn’t work; so, I remember everything real good.

I seen the cop car come around the corner of Kasper and Parkwood, turn around the loop at the top of the car and shoot that way (points southward).  I’ve seen them before. That car just appears out of nowhere like some kind of ghost and then disappears. That’s how fast they go. I didn’t see the crash cuz there’s too many houses and trees in the way.

How would I know what time it was? I don’t got no blasted watch.

Yeah. I’ve seen that car racing around the area before. It always comes out of the alley, down Kasper and then goes around the top of the park like a bat out of heck. Didn’t I just say that?

Usually, the car gots its cop flashing lights on and it lets out a little siren noise just after it disappears. I don’t know why it wasn’t flashing no lights that night. Listen lady, I’m not hallucinating. That’s the way it was.

Yea, it had its headlights on. It was night! What do you think?

It didn’t make no siren noise. I heard the crash. I walked over there to see what was going on. Biggest thing that’s happened around this park.”

Dr. Vienna Hyacinths

Dr. Vienna Hyacinths holds three PhDs. She earned a doctorate in engineering from The University of London, a doctorate in mathematics from the University of Idaho, and a doctorate in aerospace engineering from the University of Washington. She worked twenty years for the National Aeronautics and Space Administration. For the last five years, she has worked for the Someplace Police Department in Accident Reconstruction.

Dr. Vienna Hyacinths states:

“I was assigned to investigate the accident. I arrived at the intersection of East Egg Boulevard and Clevemerang Avenue in the City of Someplace, Washington on the 22nd day of November, 2020 at approximately 09:23 hours. I had reviewed the photographs, interview notes, and plaster casts that had been prepared by Lieutenant Smiley prior to my visiting the scene.

Upon arrival, I examined both vehicles, skid marks, a line of crushed wet leaves that had been created by a breaking skidding vehicle, marks on the retaining wall in front of 215 W. Clevemerang and a smaller mark on the smaller retaining wall in front of 219 W. Clevemerang. I took extensive measurements and I inventoried and weighed the contents in each of the motorbike’s saddlebags.

Upon returning to my lab, I was able to examine the clothing and the motorcycle helmets worn by both motorcycle riders.  Later, I reviewed the emergency room report relative to Stanly Nonseq and the coroner’s report relative to Karalyn Smelter.

My conclusions are as follows:

Jameson’s statement that they had cleared the mile loop in 48 seconds would indicate that the police intercept cruiser was travelling the mile loop at an average of 75 mph. However, that’s an average. The vehicle would have had to have slowed somewhat as it turned off of Kasper onto Parkwood. The top of the park rounds like an oval because it’s an old horse track.

Seaquist says the vehicle sped up as it entered the oval at the top of the park. This would be consistent with the physical damage. From the leaf debris, skid marks and other physical damage, I would estimate the cruiser’s speed in the area of 90 miles an hour when it went into its reverse skid.

The motorcycle’s tire skid is perfectly consistent with Nonseq’s estimate of 25 to 30 miles an hour for the motorcycle.

There is poor visibility at the intersection for drivers going south on East Egg or going east on Clevemerang. The police cruiser could not have seen the motorcycle until it was right up on the intersection. As for Nonseq, assuming the cruiser’s average speed of 75 mph, if he had been stopped at the intersection, and looked left, he could have seen the police cruiser for a maximum of six seconds if he would have been at the intersection when the cruiser first entered onto East Egg. If he arrived at the intersection during that six second maximum visibility, his opportunity would be proportionately reduced. Jameson’s statement that the motorcycle “was right there” is consistent with the two vehicles entering the intersection at almost the exact same time.

There is a yield sign at the intersection for traffic going south or north on East Egg, but no road signage for traffic proceeding east or west, although there really should be, on Clevemerang.

The cruiser began skidding and turning to its left about fifty feet north of the intersection, slid around on wet leaves and pivoted so that its rear end was moving diagonally in a southeast direction.

The motorcycle braked hard on its back wheel causing the back of the bike to skid forward and turning the bike around. At the same time, the bike began to lean to the rider’s right side. At impact, the bike was sliding backwards in an easterly direction and leaning north.

The back end of the cruiser hit the back side of the motorcycle impacting at the rear wheel of the bike.

The passenger, Smelter, was sitting just above the rear wheel. The impact knocked her off the vehicle causing her body to somersault over the bike in a southwesterly direction. Smelter struck the 12-inch brick retaining wall in the front residence of 219 W. Clevemerang. She hit directly on the top of the skull. Although the helmet worked to resist direct impact the body’s motion continued over the skull causing her to break her neck. When her body was examined by the paramedics and the coroner, her head just flopped. Obviously, she died instantly.

The operator of the bike stayed on the bike and slid with it with the bike coming to rest on top of him. He would have been injured far worse than he was, but for the fact he was wearing full leathers along with protective armor at the major points for bodily impact.

The cruiser continued to slide, knocking the bike to the southeast, while continuing in its diagonal direction. The rear passenger side corner of the cruiser struck the northeast corner of the three-foot-high retaining wall at 215 W. Clevemerang. The backwards impact flipped the cruiser in a backwards twisting roll until it struck the porch of the home. The interceptor came to rest on the driver’s side with the front of the vehicle pointed diagonally to the northwest.”

Carlos D. Beloved

Carlos D. Beloved is a 38-year-old male residing in Someplace, Washington. He is employed by Momma Sal Motorcycles where he is in charge of teaching motorcycle safety courses. He has a BA in traffic education from Midtown State College and is the author of Motorcycle Safety, a Text for Beginning Riders and Perfecting Your Ride – Advanced Techniques in Motorcycle Safety. Beloved has been retained as an expert witness by the defense.

Carlos D. Beloved states:

I examined the motorcycle involved in the accident, inventoried and weighed the contents of the saddlebags, and reviewed the witness statements.

The various contents in the saddlebag on the rider’s right side was 102.3 pounds. The weight of the contents of the left side bag was 7.2 pounds.

To get a motorcycle endorsement in Washington State one has to pass a series of tests. Generally, a rider will take a motorcycle safety class and then take the examinations which includes both a written test and a riding test. I have been teaching these classes for fifteen years.

After reviewing all relevant information in this case, it is my professional expert opinion that the primary cause of the accident was the negligent operation of the motorcycle.

One of the first things we teach in motorcycle safety is to have an escape route and to be constantly scanning the road and planning the escape route at all times. Nonseq had two options available to him. He could have either simply sped up and gone through the intersection, or he could have swerved right to the inside of the roadway. Either maneuver would have prevented the accident.

If Nonseq had simply shifted into a higher gear and hit the gas, he would have cleared the intersection. If he had swerved right to the right third of the southbound lane of East Egg, the cruiser would have passed him on his left, thus avoiding the accident.

Braking in this incident was a terrible mistake for two reasons. First, braking slowed the vehicle’s momentum, placing him and his passenger directly in front of the cruiser. Compounding this problem, Nonseq panic braked, using the rear brake almost entirely. Just the opposite of what he would have been taught to do in class.

Assuming Nonswq wanted to brake, which he absolutely should not have done, he should have braked harder on the front brake and only exerted about half of the pressure he did on the rear brake. His heavy rear braking locked his rear tire, causing the rear tire to skid forward.  This type of rear wheel skid accident is warned about in every book of motorcycle safety I have ever seen. Beginning riders are specifically warned that a panic locking of the right wheel will cause a rear wheel skid.

In addition, steering a chopper is quite a bit different than steering any other type of motorcycle. Young riders should not be riding a chopper, especially a bike of this size, without hours of practice. I spoke with the boy’s grandfather, Kleff S. Birdson, who was the owner of the bike. Mr. Birdson told me he loaned the bike to his grandson to take to the croquet tournament, and that the boy received his motorcycle endorsement a little over a year ago. Birdson thought his grandson could handle the bike because he and the kid had ridden dirt bikes together for years and the kid had a Honda Rebel of his own. But, as I said, a chopper handles quite differently than a dirt bike or even a small street bike.

This bike was far too powerful for a beginner to be riding. This was a 1300 cc twin engine custom chopper with a curb weight of 813 pounds. Added to that weight, the bike’s saddle bags had an extra hundred pounds on the right side. That’s a lot of bike.

The long front forks on a chopper make it difficult to swerve in an emergency. Doing so, takes a lot of practice. It’s not for beginners. Furthermore, the lopsided weight in the saddlebags would pull the bike to the rider’s right in just about any avoidance maneuver.

This accident began with the grandfather loaning a big bike to a kid, was compounded by negligent loading of the saddlebags, and finished off with a panic brake.

Dr. Marcus Ovenoff

Dr. Marcus Ovenoff is a retired highway design engineer. He holds a PhD in highway engineering from Someplace University and worked for thirty years for the Idaho State Highway Engineering Department. After retiring, Ovenoff has been supplementing his income as a hired expert in roadway design cases. He has been retained in this case by the defense.

Dr. Marcus Ovenoff states:

I reviewed the intersection of East Egg Boulevard and Clevemerang Avenue in the City of Someplace, Washington. I took line of sight measurements and reviewed the traffic counts and all citizen complaints in the city’s file on the intersection.

The intersection is controlled for north south traffic on East Egg with a simple yield sign. There is no signage for traffic travelling east or west on Clevemerang.

Citizens have been clamoring for years for the city to install a four way stop. I cannot imagine why the city has failed to do so. It was blatant negligence for the city not to stop traffic travelling on both of the roads. There is virtually no line of sight for traffic moving south on East Egg or east on Clevemerang. The home on the northwest corner of the intersection has an eight-foot back fence on its east side and large evergreens in the front yard. Even if the bushes were moved and the fence was taken down, the street curves in such a manner as to impair visibility around the park, which is only four tenths of a mile to the east of the intersection.

Although the speed limit on city streets in Someplace is 25 miles per hour, this intersection is right off the park. That park was originally designed as a mile horse race track. The park was shrunk to about eight tenths of a mile to make room for more housing adjacent to the park. However, the egg shaped turns on the west and east ends of the park were maintained. On the north and south long stretches of park, houses were built on the inside of the track. The old racetrack straightaways are now in the allies behind Parkland and Wrigley Avenues. The upshot of all of this is that people do speed around that park and highway and road engineers should know that.

This was an accident by design and the designers work for the Someplace Highway Department.

In my professional expert opinion, this accident was caused by the negligence of the Someplace Highway Department. Both the motorcycle and the cruiser should have had to come to a full stop before entering the intersection.

Norella Carpathian

Norella Carpathian is a paramedic with the Someplace, Washington Fire and Rescue Department. She is a 35-year-old mother of two living in Someplace. She has worked for Someplace Fire and Rescue for ten years.

Norella Carpathian states:

I arrived at the accident scene at 02:37:12 hours on the morning of November 22, 2020.

Upon arrival, I saw Sargent Wynona Lisawer giving mouth to mouth resuscitation to a young woman who was later identified as Karalyn Smelter. In one of the strangest things I have ever encountered, there was a boy scout filming her doing so. I have no idea why anyone was filming this. Furthermore, when I took over care of the patient, it was immediately obvious that she was dead and her neck was broken. The young lady obviously died instantly.

I proceeded to attend the young man who was later identified as Stanly Nonseq. He was lying with the motorcycle on top of him. With the help of a partner, I was able to extricate Nonseq from the bike and attend to him. He appeared to have a broken right wrist and a possible break of the right clavicle. We provided the young man with first aid. I called for an ambulance, which arrived and transported Nonseq to Someplace Memorial Hospital and I called for the morgue which retrieved Smelter’s body.

Stanly Nonseq

Stanly Nonseq is an 18-year-old senior at Someplace high school. He was the operator of the motorcycle on the night of the accident.

Stanly Nonseq states:

I have very little recall of the actual accident. I remember that I was quite tired. We had ridden a long time and left Octafest quite late at night. I remember wanting to get home for the twins’ birthday I love my little brother and sister very much.

I remember I was really tired and we were almost home. I just had to drop off Karlayn at her place, and then it would be about ten minutes more to my house. I really wanted to sleep.

I didn’t see any lights and I didn’t hear anything. I slowed for the intersection, but didn’t stop. As I entered the intersection, I saw a car coming toward me extremely fast. I was really scared. I slammed on the brakes and the next thing I can remember is waking up in the hospital.

When I woke up, the nurse told me I had been in an accident and that I had a slight concussion, a broken right clavicle and a broken wrist. The nurse told me I was extremely lucky I was wearing proper riding gear. She said she’d seen kids in motorcycle accidents who died or worse. I can’t imagine what’s worse than dying. I guess I don’t want to know. I remember thinking my pro days were over. Later, I found out about Karalyn. Yeah, my pro days will never happen, but I’m alive. I wish Karalyn was. 

Sargent Wynona Lisawer

Sargent Wynona Lisawer is a twenty-year veteran of the Someplace Police Department. She was driving the interceptor vehicle on the night and time in question.

Sargent Wynona Lisawer states:

“Look. It’s like an unwritten rule. A good cop should get lots of practice in those intercept vehicles. They’re fast and you need to know how to control them. There’s never anyone out at that time of night. Some of the neighbors had complained to the top brass, but nothing came of it. I was just told to be “more careful.”  Obviously, that meant, “don’t get caught.”

Of course, we had our flashers going on the car. The kid must have turned them off when he was climbing out of the car.

I don’t know why the kid was filming me trying to save the girl’s life. He probably wanted to get a merit badge for filming a real hero. Too bad I couldn’t resuscitate her. Then you guys would be pinning a medal on me rather than hassling me like this.

I don’t know where the motorcycle came from. He was probably speeding around like kids do. He shouldn’t have entered the intersection when a cop was coming toward him. What an idiot. You should be going after him, not me.

Pertinent Washington Jury Instructions

Washington Pattern Jury Instructions--Criminal

October 2016 Update

Washington State Supreme Court Committee on Jury Instructions

Part XI. Crimes Involving Operation of Motor Vehicles

WPIC CHAPTER 90. Vehicular Homicide

WPIC 90.01 Vehicular Homicide—Definition

A person commits the crime of vehicular homicide when he or she drives or operates a motor vehicle in a reckless manner or with disregard for the safety of others and thereby proximately causes the death of any person within three years of such vehicle driving or operation.

WPIC 90.02 Vehicular Homicide—Elements

To convict the defendant of the crime of vehicular homicide, each of the following five elements of the crime must be proved beyond a reasonable doubt:

(1) That on or about November 22, 2020, the defendant drove a motor vehicle;

(2) That the defendant's operation of the motor vehicle proximately caused injury to another person;

(3) That at the time of causing the injury, the defendant was operating the motor vehicle in a reckless manner; or with disregard for the safety of others;

(4) That the injured person died within three years as a proximate result of the injuries; and

(5) That the defendant's act occurred in the State of Washington.

WPIC 90.05 Reckless Manner—Disregard for Safety of Others—Definition—Ordinary Negligence Distinguished

To operate a motor vehicle in a reckless manner means to drive in a rash or heedless manner, indifferent to the consequences.

Disregard for the safety of others means an aggravated kind of negligence or carelessness, falling short of recklessness but constituting a more serious dereliction than ordinary negligence. Ordinary negligence is the failure to exercise ordinary care. Ordinary negligence is the doing of some act which a reasonably careful person would not do under the same or similar circumstances or the failure to do something which a reasonably careful person would have done under the same or similar circumstances. Ordinary negligence in operating a motor vehicle does not render a person guilty of vehicular homicide.

WPIC 90.07 Vehicular Homicide and Assault—Proximate Cause—Definition

To constitute vehicular homicide, there must be a causal connection between the death of a human being and the driving of a defendant so that the act done or omitted was a proximate cause of the resulting death.

The term “proximate cause” means a cause which, in a direct sequence, unbroken by any new independent cause, produces the death and without which the death would not have happened.

There may be more than one proximate cause of a death.