350 Words
Introduction: For your special activity, watch both videos (Resources folder)
• (1) Opening Statement Fact Pattern “State v. Forrest,” and
• (2) Opening Statement – Your First Two Minutes During Opening Statement.
• (3) Prepare an opening statement for either the prosecution or the defense based on the fact pattern from the case of “State v. Forrest” (below) and
• (4) Prepare a minimum of ten cross-examination questions. The cross-examination questions should be written from the perspective of the prosecutor cross-examining the defendant, i.e. – the man who shot his dad.
https://www.youtube.com/watch?v=fck0lZRtykQ&t=2s
Opening Statement Fact Pattern
Opening Statement Fact Pattern
The following facts are from the case of State v. Forrest, 362 S.E. 2d 252 (N.C. 1987)
“On 22 December 1985, defendant John Forrest admitted his critically ill father, Clyde Forrest, Sr., to Moore Memorial Hospital. Defendant’s father, who had previously been hospitalized, was suffering from numerous serious ailments, including severe heart disease, hypertension, a thoracic aneurysm, numerous pulmonary emboli, and a peptic ulcer. By the morning of 23 December 1985, his medical condition was determined to be untreatable and terminal. Accordingly, he was classified as “No Code,” meaning that no extraordinary measures would be used to save his life, and he was moved to a more comfortable room.
On 24 December 1985, defendant went to the hospital to visit his ailing father. No other family members were present in his father’s room when he arrived. While one of the nurse’s assistants was tending to his father, defendant told her, “There is no need in doing that. He’s dying.” She responded, “Well, I think he’s better.” The nurse’s assistant noticed that defendant was sniffling as though crying and that he kept his hand in his pocket during their conversation. She subsequently went to get the nurse.
When the nurse’s assistant returned with the nurse, defendant once again stated his belief that his father was dying. The nurse tried to comfort defendant, telling him, “I don’t think your father is as sick as you think he is.” Defendant, very upset, responded “Go to hell. I’ve been taking care of him for years. I’ll take care of him.” Defendant was then left alone in the room with his father.
Alone at his father’s bedside, defendant began to cry and to tell his father how much he loved him. His father began to cough, emitting a gurgling and rattling noise. Extremely upset, defendant pulled a small pistol from his pants pocket, put it to his father’s temple and fired. He subsequently fired three more times and walked out into the hospital corridor, dropping the gun to the floor just outside his father’s room.
Following the shooting, defendant, who was crying and upset, neither ran nor threatened anyone. Moreover, he never denied shooting his father and talked openly with law enforcement officials. Specifically, defendant made the following oral statements: “You can’t do anything to him now. He’s out of his suffering.” “I killed my daddy.” “He won’t have to suffer anymore,” “I know they can burn me for it, but my dad will not have to suffer anymore.” “I know the doctors couldn’t do it, but I could.” “I promised my dad I wouldn’t let him suffer.”
Defendant’s father was found in his hospital bed with several raised spots and blood on the right side of his head. Blood and brain tissue were found on the bed, the floor, and the wall. Though defendant’s father had been near death as a result of his medical condition, the exact cause of decedent’s death was determined to be the four point-blank bullet wounds to his head. Defendant’s pistol was a single-action .22 calibre five-shot revolver. The weapon, which had to cocked each time it was fired, contained four empty shells and one live round.”
“First-Degree murder is the intentional and unlawful killing of a human being with MALICE and with premeditation and deliberation. Premeditation means that the act was thought out
