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서울 서초구 반포대로 14길 30, 센추리 412호. TEL: 010-6350-1799 이메일:jawala.lee@gmail.com. Attorney at Law, Tax, Patent. Lee,Jae Wook is a member of the Korean Bar Association and Illinois Bar Association. Licensed to practice in KOREA and U.S.A., Illinois. Attorney Lee has worked since 1997.3. as a prominent Attorney in the legal service field including tax, law, patent, immigration, transaction across the border. You can find more at http://taxnlaw.co.kr

2013년 7월 8일 월요일

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An example of an opening and closing statement of Torture case in California?

I am doing an jury trial for my law class, and I am the prosecutor. I have to give a opening and closing statement, but I have no clue to where to start. Torture is California Penal Code 206. Here is my police report, that has the crime and what happened

On Saturday 05/25/2011 around 12:25 am, I was on patrol when I noticed a suspicious male wearing dark colored jeans and black hoodie sweatshirt carrying a small black duffle bag. The male was exiting a residence and got into his blue sedan and drove away. When I approached the residence at 2240 Munchkin Lane, S. Lake Tahoe, CA, the front door was left open. I got out of my patrol car and went to knock on the open door; I announced myself as Officer Norris of the South Lake Tahoe Police Department and got no response. I heard some moaning noises coming from inside. I proceeded to go inside the residence. I walked into the kitchen where the noises were coming from and saw a male tied to a chair with his mouth covered with duct tape and wearing only underwear. There was puddle of what appeared to be blood underneath the victim’s feet. I walked over to the male and removed the duct tape that was covering his mouth and a rag that was stuffed inside of his mouth.

I asked the male “what is your name” and he said “Andy Barclay”. The male had several cuts on his body and missing all 10 toes. I asked Barclay what happened and he said “I was tied up by Charles”. I asked Barclay who Charles was and Barclay said “Charles, Charles Lee Ray is my co-worker and he came to my house saying he wanted to get to know me better and be friends and I invited him in for a beer.” Barclay also stated “we were watching TV when suddenly Charles started hitting me and kicking me until I couldn’t stand and I think I passed out. Then, when I woke up, I was tied up to this chair with a rag inside my mouth and duct tape over my mouth. He started cutting me all over my body with a kitchen knife and poring alcohol on me. Then he grabbed bolt cutters from a duffle bag and started cutting my toes off one by one”.
Barclay appeared weak. I called Emergency personal and Barclay was transported to Barton Memorial Hospital for treatment.
I took pictures of the kitchen and booked them into evidence along with the kitchen knife, duct tape, rag, and bottle of rubbing alcohol.
On 05/25/2011 I obtained an arrest warrant for Charles Lee Ray to bring him in for questioning. Ray was found at the 711 on Carson Ave around 9:30 am on 05/25/2011; he was read his Miranda rights and taken into custody. We searched Ray’s home and found a pair of players soaking in a bucket in what smelled like bleach. I took the bolt cutters and booked them into evidence.

This report will be forwarded to El Dorado county District Attorney’s office for review.

Thanks, any good examples would help a lot!
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