A couple (Robert and Cathy) was making out in an alley off Bedford Street.  Cathy noticed there was someone lying down and asked Robert to check it out.  Robert checked on the man, who started groaning. Robert then noticed that the man was bleeding all over and seemed to be homeless. They called 911, and the man was taken to hospital.

This is the information you will provide:

You worked on him for over three hours.  He had multiple fractures of the skull, intracranial hemorrhages.  It’s a miracle he’s alive.  He also had a broken kneecap and a broken leg. It seems that he got beat up real hard! Based on your observation, apparently, he was beaten up with a narrow pipe, leaving crisscross patterns on the wounds.  The man is in a comma, and you don’t know when he will wake up.  He might not even make it through the night. You don’t know his identity.  You had to cut through his clothes, and you didn’t search his pockets for an ID. Give the clothes to the police.

Report the following information to the Captain and your team:

You searched through the man’s clothes, which really smelled bad.  This is what you found:

A few coins, a broken pencil, a string, paper clips, and a crack pipe. You also found an appointment card from Friedland Psychiatric for Roland Kirk.  The appointment had been made for 8 days ago. You find no wallet, no credit cards but, surprisingly, you find a bundle of twenty-dollar bills, which amount to about 2,000 dollars.

Tell the detectives to go to Bedford St and interview the police officers who were first on the scene and residents around the alley, where the man was found.

This is the information you will provide:

You were the first one at the crime scene.  The couple who found the man did not want to talk to the police, probably because they were married to other people.  You noticed that their wedding rings did not match. Before the couple went into the alley, they had been approached by a beggar who asked them for some money.  He was a white man wearing a red hat.

You knew Kirk. He lived in the streets, and he was always stoned.  You don’t understand how he had 2,000 dollars on him because he was always high and getting into fights with other homeless people. He wouldn’t have had the energy to sell drugs.

He was usually alone and didn’t have any real friends, only imaginary ones.

You have found a rebar in the alley with blood stains on it. Give it to the police.

This is the information you will provide:

You do your rounds on Bedford Street.  You know who the white man with a red hat might be and where he can be found (where? Use your imagination).

Tell the detectives that his name is George Siddell, and that he is one of the homeless people living around Bedford Street.  Tell them that Mr. Siddell is quite harmless and that there is no record of any violence.  Mr. Siddell usually panhandles up and down the streets and usually sleeps at the park.

Although the police officer believes that George Siddell is harmless, evidence points to his being on the scene on the night of the crime. He is a person of interest. He is a suspect. Before you interview him, search him.

This is the information you will provide:

You’re homeless and you live at the park (Why? For how long? Use your imagination).

The police have got some questions for you. If they ask you where you were last night after midnight, tell them you’re not sure. You’ve lost your watch. (Show contempt.  You don’t like the police).

When the detectives search you, they find Kirk’s Medicaid card in your pocket. This makes you look really suspicious.

When they tell you that Kirk was beaten up bad last night, you are shocked and desolated.  You respected the man and actually feared him.

If the police accuse you of clubbing Kirk to get the card, tell them that’s not true.  He gave it to you a long time ago. You can prove that you had the card before Kirk was beaten up. You used the card a week ago, on Tuesday. You bought some pills at Friedland Psychiatric: 60 pills of lithium. You sold the pills and used the money to buy wine.

This is the information you will provide:

You see the police and you walk to them. Ask them what is happening. You are a dentist, an oral surgeon. You’re married, and you’ve got an 11-year-old son. You have lived on Bedford Street for over 12 years. It used to be a good place, but it’s deteriorated in the last few years. There are all those homeless people around, vandals, drug users, drug dealers…  You used to call the police, but now you don’t bother.  You know who Roland Kirk was.  You always saw him around.  In fact, everybody did. He was a problem in the neighborhood, a real nuisance, but you don’t know whether he was a problem to anyone in particular.  You have to leave because you have an appointment to perform a root canal.

This is the information you will provide:

You see the police and you walk to them. Ask them what is happening. You are a college student. You’re single, and you live with your roommate Michelle. You went to the movies last night and got home at 11:00.  You were awake around midnight, but you didn’t hear anything because you had the TV on.  You have lived on this street for eight years and stopped listening to the street a long time ago.  You know who Kirk was.  He made life miserable for everyone.  He’s absolutely nuts! You were really scared of him and tried to keep out of his way. Nobody on the street liked him.

This is the information you will provide:

You see the police and you walk to them. Ask them what is happening. You’re an old lady in your seventies.  You live alone (Why? Use your imagination), and your bedroom window opens to the alley where Kirk was beaten up. However, you didn’t hear anything.  You were fast asleep around midnight, as usual.  You do know who Kirk was.  He was a homeless man who scared everyone on the street.  Residents had tried calling the police.  They would take him away but, after a few weeks, he’d be back.

This is the information you will provide:

You see the police and you walk to them. Ask them what is happening. You are in your 50s, and you have had a restaurant in this neighborhood for more than twenty years. You know everybody on the street. It was a nice place to live in the past, but today it is more like Calcutta: people living and dying on the streets. The police will ask you where you were last night around midnight. You closed your shop at 11:00, and by 11:30, you were already halfway across town. You didn’t see Roland Kirk last night when you closed the restaurant, although you have seen him around with other lowlife.

You’ve got Roland Kirk’s rap sheet:

Roland Kirk, 43. Multiples for vandalism, misdemeanor assault, criminal mischief, disorderly conduct, possession. He is not in jail because he has been diagnosed as an emotionally disturbed person. Blood and hair found on the rebar is Kirk’s.  No prints were found.

Instruct the detectives to go to Friedland Psychiatric to get more information.

Check the file for Roland Kirk and give the police the following information:

• first admitted in June 1977 for drug-induced psychosis
• admitted again in ’78, ’79, every year
• The last time he was admitted was about 8 months ago

Most of the admissions were for court-ordered evaluations. Kirk would receive a two-week treatment, after which he would be discharged. Once the patient is no longer a danger to himself and others, you have to release him. In the case of Roland Kirk, he was supposed to come in once a month to refill his prescription.

According to his file, the last time he came in was last week and received 60 pills of lithium. When patients come in, they do not have to show any ID, just their Medicaid card. He was a loner and did not have any friends.  Your records show that he has a sister, Sharon Kirk, who signed him out about two years ago.

This is the information you will provide:

You are Roland Kirk’s sister. When your father died, about five years ago, Kirk did not show up for the funeral.  That’s when you found out that he was living in the streets.  There had been signs of mental problems.

Every time he was admitted to the hospital, they would put him on a routine and medication and, as soon as he seemed to be well, they’d release him. He would be fine so long as he took his medication.

You signed him out from a psychiatric hospital about two years ago, and he stayed with you for some time. But then, one day, he was gone. He had gone back to his street and said that it was his home. He told you that it had something to do with a sonic convergence. He tried to explain it to you, but it never made any sense.

You have no idea how he came upon 2,000 dollars. He panhandled! How could he have? A couple of weeks ago he sent you a check for $108 dollars. You didn’t think the check was worth anything, so you didn’t cash it.  He told you it was for a doll he broke when you were four years old. You still have the check.  Give it to the police.

This is the information you will provide:

An account in the name of Roland Kirk was opened five weeks ago with a balance of $15,000.00.  It was set up as a trust, with a daily withdrawal limit of $200.00 a day. Mr. Kirk has withdrawn a total of $7,000 in five weeks. The trustee is Richard Gillrich, Mental Health Legal Advocates. Mr. Gillrich’s signature is required for withdrawals over $200.00.

This is the information you will provide:

You are a lawyer. On behalf of Roland Kirk, you filed a civil rights lawsuit against the residents of Bedford Street for harassment. They tried to have him classified as a habitual offender. They tried to get him committed to Friedland Psychiatric Center. The Block Association, an organization comprised of the residents of Bedford Street, have settled. They insisted on a gag order and settled for $30,000 plus your costs, half this year and half next year. The Block Association does not have any assets, but individual members do.  They had been harassing Mr. Kirk, and the minutes of their meetings showed clear premeditation.

This is the information you will provide:

Roland Kirk was a real pain in the neck.  You tried everything with him. You tried kindness, tried to find public housing, a job…  When you settled the lawsuit for $30,000, everyone was outraged.  You all thought he belonged in a hospital, but the doctors said his problem wasn’t mental, and the judges said it wasn’t criminal. So, he would be back on the streets after two or three weeks in a mental institution. Apparently, there is no place in the system for someone like him.

On the night he was beaten up, he had mugged one of the residents, Mrs. Irene Morrisey.  He wasn’t just a nuisance. And you can show it to them. The last time he came back from the hospital, your lawyer suggested video-taping Mr. Kirk to show what the neighborhood had to go through.  Show the police the video.

Inform the detectives that Kirk is out of his coma. Tell them to pay him a visit.

This is the information you will provide:

You are in the hospital.  You have just woken up from your comma. You hurt all over. You remember very little about the attack. This is what you remember.  You had gone to the alley to get some sleep. You woke up when someone started screaming that they wanted the bag back. It was the bag a woman gave you earlier that night. You never had a chance to give the bag back.  Suddenly, it felt like your legs were on fire. Everything began to hurt.  You can’t remember how long it went on. Then, you saw a bald woman.  She jumped and started pounding you on your chest.  She was wearing a flowered dress. She was pounding on your chest, and she was kissing you!

Tell the detectives to talk to Irene Morrisey about the mugging the day that Kirk was beaten up.

This is the information you will provide:

You are married to James Morrisey.  You have no children. (Do you work? How long have you been married? Use your imagination.)

You have been living on this street for four years. You were mugged last night. It was about 11:00. You were coming home from an art class, and Kirk just attacked you. He took your bag and ran down the middle of the street. You didn’t call the police because it wouldn’t have made any difference. The last time he was arrested, he was back on the street two hours later. This time he actually hurt you. Apparently, you had a dislocated shoulder and he had scratched you on the face.  You were bleeding a little.

You did not see where he went after he attacked you because you went right home.  Your husband took you to the emergency room over on 12th Street.

This is the information you will provide:

You remember Mrs. Morrisey coming in.  That was some time after 11:00. Her husband looked really upset and acted like his wife was about to die. The doctor took some X-rays, gave her some medication, and sent her home.  That must have been around 12:00 or 12:30. The husband asked you to change some money, and he made two calls using the hospital’s public phone.

The records from the hospital public phone show two calls were made from the emergency room to a Mr. Prosky.

You have also received a summary of the analysis of the minutes of the Block Association made by one of the clerks in the police station.  According to the minutes, in the last month alone there were 216 complaints related to Roland Kirk. For example, one resident said that Kirk had smashed his car window and urinated into the car. They considered him a nightmare. A Mrs. Bundy complained six times that Kirk was keeping her awake.

You remember that Mrs. Bundy said she didn’t hear anything, that she was asleep.   Maybe she was lying because her bedroom window overlooks the alley!  Ask the detectives to go and talk to her again.

This is the information you will provide:

The beating up of Mr. Kirk happened after midnight, and you were fast asleep.  You didn’t hear anything. When the detectives tell you that they know you had complained of not being able to sleep, you change your testimony.  You admit that you were awake in bed and that you heard voices. You didn’t say anything before because you didn’t want to get involved. You couldn’t tell what they were saying.  You got up and looked out the window.  You saw two men leaving the alley, but you couldn’t tell who one of them was. The other one was Dr. Creighton, one of the residents who is a dentist. You recognized him.  He went into his house through the back way, and he was wearing his bathrobe. You didn’t think anything was wrong. That’s why you didn’t mention it to the police before.

This is the information you will provide:

Mrs. Bundy is a sweet little old lady.  One evening last week, she mistook you for her son-in-law!  She’s got night blindness, a common problem among the elderly. She couldn’t have seen you! You were not in the alley last night.

In relation to Kirk, he was a nightmare for everyone.  One day last spring, your 11-year-old son was standing at the corner, waiting for the light to change, and Kirk shoved him out into the traffic. It’s a miracle he wasn’t killed.  You were quite angry at the time, but you’re not as crazy as Kirk was, and you certainly did not hurt him.

You go to the judge to convince him to issue a search warrant for Dr. Creighton’s bathrobe and pajamas.  Here are your arguments:

• Mrs. Bundy claims to have seen him in the alley that night wearing a bathrobe and pajamas.
• Dr. Creighton is bald, and Kirk says he was attacked by a bald woman wearing a flowered dress. Maybe the robe was perceived as a dress by Kirk. Kirk also said the “woman” kissed him.
• Maybe Dr. Creighton was doing CPR. He’s a doctor, so he would know how to do it. And that would leave evidence on his clothes.

Alternatively, instead of giving the detectives the card with the arguments, place students in groups and tell them to go to the judge asking for a search warrant for Dr. Creighton’s bathrobe and pajamas. Tell them to go over the evidence they have (if you are keeping a crime board, it will be very helpful) and come up with arguments to convince the judge. If they have difficulties coming up with arguments, you may conduct a whole class session and help them come to the conclusions in the card.

After talking to the judge, inform the class that they were successful in getting the warrant.

Forensics found blood on Creighton’s slippers. It matches Kirk’s. That puts him at the scene. The old lady puts him there and at the right time. He probably knows what happened that night. Tell the detectives to pick him up and bring him in for questioning.

This is the information you will provide:

After examining Mr. Creighton’s clothes that the detectives brought to you, you were able to ascertain that the blood stains found on the clothes and slippers match Mr. Kirk’s.

You change your testimony when the police tell you they found Kirk’s blood on your clothes and slippers.

You saw Kirk mugging Irene around 10:30. He shoved her and grabbed her bag and ran away.  You talked to her husband, who was furious. Understandably. You advised him to take her to the hospital immediately.  Then, you went home.  Around 12:30 you heard a disturbance in the alley.  You went outside.  Prosky was there, and Kirk was unconscious. His breathing was labored, and he was in obvious cardiac distress, so you performed CPR.  You did not wait for the paramedics to arrive. You performed the CPR and went back home.  You didn’t want to get involved, and Prosky said he would call the paramedics from his restaurant. You certainly did not beat the man up! You actually saved his life!

When the police tell you what Mr. Creighton said, you change your testimony.  You hadn’t said anything before because you like Mr. Morrisey, and he hadn’t done anything wrong. Actually, he had only defended himself.  You were afraid the police would think otherwise.

Mr. Morrisey, Irene’s husband, called you from the hospital twice, and you told him that Kirk was in the alley. After midnight, you saw Mr. Morrisey getting out of a cab, getting the rebar, and going to the alley. Kirk is a dangerous guy, and you were afraid for Mr. Morrisey.  You were afraid that Kirk would hurt him, so you followed him into the alley. When you got there, you saw Mr. Morrisey hitting Kirk with the rebar, first on the legs and then on the head. Kirk must have attacked him, and, in your opinion, Kirk deserved it! You didn’t call the paramedics, and you never told Mr. Creighton that you would. Mr. Creighton is lying to save his own ass.

This is the information you will provide:

All you wanted to do was get your wife’s bag back.  Mr. Kirk was in the alley and the bag was next to him. You got the rebar because you were afraid, and you needed to protect yourself.  Thank God you had the rebar because as soon as Kirk saw you, he was all over you. You only protected yourself. When you saw him lying there, bleeding and unconscious, you panicked.  You were afraid that the police wouldn’t believe you.  But it was self-defense!

Ask students as a group to decide:

1. How do you find Mr. Morrisey? Guilty or not guilty?
2. If you find him guilty, will you send him to prison? For how long?
3. Will you put him on probation? Community services?

Alternatively, split the class into two groups:  Prosecution and defense.  Have a debate.