2010-2011 TMMTC Problem by National Black

About the Problem

Greetings mock trial competitors!    PLEASE READ THIS MESSAGE IN ITS ENTIRETY BEFORE GOING ANY FURTHER INTO  THE 20102011 NBLSA THURGOOD MARSHALL MOCK TRIAL COMPETITION  PROBLEM PACKET!    A few things about this year’s problem:  This problem was written in such a way that the prosecution and defense have their choice  of two (2) out of three (3) available witnesses to use during trial. This new feature DOES  NOT alter the number of people on a team. There are still only four members per team.  After reading through the problem, both prosecution advocates and defense advocates  from a team of four will be able to choose which two witnesses to call at trial that best suit  the theory of their case. Witnesses for each side are listed in the special in the special  instructions on page 8. A decision MUST be made by December 1, 2010. On December 1,  2010, I must be notified by email at mocktrial@nblsa.org about each teams intended  witnesses for both the prosecution and the defense. The notification is only for the  purposes of ensuring that teams can be notified in enough time beforehand of the opposing  side’s witness list. In the email mention your schools name and the two witnesses being  used by the team’s prosecution and defense advocates. If your school has more than one  team registered, indicate the names of the team members along with the witnesses.    In summary:  • 4 – The number of individuals per team  • 3‐ The number of witnesses from which to choose (for both prosecution and defense)  • 2‐ The number of witnesses that are allowed per prosecution and defense pairing  • December 1‐ The date by which I must be notified about chosen witnesses    Substantive Q&A:  The substantive Q&A period begins August 30, 2010 and ends October 2, 2010. Questions  submitted after the October 2, 2010, deadline will not be answered. All questions will be  answered at the end of the question period and posted in a single document to the TWEN  page and the Google Group. Send all questions about the problem to the National mock trial  director at mocktrial@nblsa.org.    Notification of witness lists:  Prior to Preliminary Round I, teams will be notified of their opponents chosen witnesses.  Barring unforeseen circumstances (last minute withdrawals, illness, etc), this will occur  following the competitors meeting for preliminary rounds I and II, after preliminary round  II for quarterfinals, and after semifinals for the championship and third place rounds.     *Please note: Due to the short time period between quarterfinals and semifinals, the  extended advance notice given prior to other rounds is not available here.      1

What this means for you:  Each advocate must be prepared to cross‐examine every witness available to the opposing  team.     Best of luck on your preparations for competition!        National Director  Thurgood Marshall Mock Trial Competition  National Black Law Students Association

This problem is the property of the National Black Law Students Association (NBLSA) and any use of this problem for purposes outside of preparation for and participation in one of the six (6) NBLSA regional qualifying competitions or the NBLSA national competition is expressly prohibited without the direct permission of NBLSA. 2

2010-2011 NBLSA MOCK TRIAL PROBLEM

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PANHANDLE VISTA BEACH DIVISION

UNITED STATES OF AMERICA

Criminal No. 2010cr45

PAT MARSHALL, Defendant.

INDICTMENT THE GRAND JURY CHARGES THAT: COUNT ONE BEGINNING ON OR ABOUT FEBRUARY 2010, AND CONTINUING THROUGH ON OR ABOUT APRIL 2010, THE EXACT DATES BEING UNKNOWN, IN THE WESTERN DISTRICT OF PANHANDLE AND ELSEWHERE, DEFENDANT PAT MARSHALL, JAMIE MARSHALL, CASEY MARSHALL, MEL STYLES, AND JACKIE COLLINS, AND OTHERS KNOWN AND UNKNOWN TO THE GRAND JURY, KNOWINGLY AND UNLAWFULLY CONSPIRED TO INVEIGLE AND KIDNAP MINORS IN INTERSTATE AND FOREIGN COMMERCE, COMMITTING AN OVERT ACT IN FURTHERANCE OF THAT CONSPIRACY, AND HOLD THEM FOR RANSOM, REWARD, OR OTHER BENEFIT OR REASON, (IN VIOLATION OF 18 U.S.C. § 1201(c) and (a)(1)).

COUNT TWO ON OR ABOUT APRIL 23, 2010, IN THE WESTERN DISTRICT OF PANHANDLE, DEFENDANT PAT MARSHALL, JAMIE MARSHALL, CASEY MARSHALL, MEL STYLES, AND JACKIE COLLINS, AND OTHERS KNOWN AND UNKNOWN TO THE GRAND JURY, KNOWINGLY, IN AND AFFECTING INTERSTATE AND FOREIGN COMMERCE, ENGAGED IN SEX TRAFFICKING OF CHILDREN, KNOWING, AND IN RECKLESS DISREGARD, OF THE FACT THAT MEANS OF FORCE, THREATS OF FORCE, FRAUD, AND COERCION WOULD BE USED TO CAUSE THOSE PERSONS TO ENGAGE IN A COMMERCIAL SEX ACT, AND THAT THOSE PERSONS, HAVING NOT ATTAINED THE AGE OF 18, WOULD BE CAUSED TO ENGAGE IN A COMMERCIAL SEX ACT, (IN VIOLATION OF 18 U.S.C. § 1591(a)). COUNT THREE ON OR ABOUT APRIL 23, 2010, IN THE WESTERN DISTRICT OF PANHANDLE, DEFENDANT PAT MARSHALL, JAMIE MARSHALL, CASEY MARSHALL, MEL STYLES, AND JACKIE COLLINS, AND OTHERS KNOWN AND UNKNOWN TO THE GRAND JURY, HAVING CUSTODY OF A MINOR, SOLD AND OFFERED TO SELL THAT MINOR WITH KNOWLEDGE AND INTENT TO PROMOTE THE PORTRAYAL OF THAT MINOR IN A VISUAL DEPICTION ENGAGING IN, OR ASSISTING ANOTHER IN ENGAGING IN, SEXUALLY EXPLICIT CONDUCT, (IN VIOLATION OF 18 U.S.C. § 2251A(a)).

STATEMENT OF THE CASE Jamie Marshall established the Church of the Marshallites in 1999, while serving time in a Panhandle state prison for possession of child pornography. He/she met and married Casey Marshall in April 2002 in the state of Wiley, during a vacation, and then returned to live in Panhandle. The following year, Jamie informed Casey that the Church of Marshallites would be a church that practices polygamy. Though Casey objected, Jamie married Pat Marshall in the state of Panhandle in 2003. The three resided in Vista Beach, Panhandle from that time until the present. In 2009, Pat, Casey, and Jamie watched a documentary discussing the vile industry of child trafficking. Specifically, the documentary discussed the country of Trinity, a three-island country about 50 miles off the southeast coast of Panhandle. While watching that program, Jamie stated to Casey and Pat that “It is God’s will that we get involved.” In early 2010, an earthquake shook the foundation of Trinity, resulting in widespread desolation. Many children were left orphans, and the infrastructure of the island was destroyed. As a result of the widespread desolation, droves of volunteers entered the country in relief efforts, going into the tent cities and decimated villages. For Jamie, this was a prime opportunity to travel to Trinity to “get involved.” Jamie, Casey, and Pat planned to travel to the country by plane and upon nightfall would go and collect about five children to bring back to Panhandle by boat. If successful, they would repeat this program. Jamie contacted a friend, Mel Styles, a felon convicted under the laws of Panhandle for prostitution, to help find a number of people in Swank County that would help finance the trips to Trinity and would take custody of the children when they were brought back to Panhandle. In April 2010, Jamie and Pat traveled to Patria, the largest island of Trinity, to complete the mission. Once there, they carried out the plan, with Pat acting as a lookout, and Jamie, in possession of a gun that he/she purchased while on the island, going through the tents looking for orphaned children. Jamie collected five children between the ages of 9-15, three boys and two girls. Once Pat and Jamie returned to Vista Beach, they met Mel Styles at the Vista Beach pier. Mel took only two of the children, the oldest two, and handed Pat an envelope with $5,000 in cash. Mel also told Pat that the other three children would have to be taken to Robert’s Park in Swank County, where Jackie Collins was waiting. A mile away from the park, Jamie was stopped by State Trooper Lee Stephenson, who called upon FBI Special Agent Brett Adams to help with the stop. When Special Agent Adams arrived he/she looked into the backseat and noticed that one of the children appeared to be crying. The child told Special Agent Adams that “they took me from my mommy, and took my sister away.” Jamie and Pat were then asked to step out of the car, when Agent Adams noticed the handle of a gun between the passenger seat and the center console of the vehicle. FBI Agents collected the gun and ammunition, and a further search of the vehicle turned up a travel itinerary in the passenger side visor, showing the dates of arrival and departure for Trinity and that Jamie and Pat were the only two traveling. Additionally, FBI Agents searching the vehicle found the envelope of cash in the center console of the car. Soon after that, Pat and Jamie were brought to FBI headquarters for questioning, along with the three children. While at FBI headquarters, the FBI interviewed Pat and Jamie separately, but neither were given their Miranda rights, initially. In the meantime, the police arrested Jackie Collins and 6

Casey Marshall and brought them both in for questioning. The FBI also interviewed the children that were in the car during the stop in order to learn the whereabouts of the other children. The youngest child said that Pat told them that they were going to the United States and that they were going to become “movie stars.” The FBI was not able to discern the exact whereabouts of the other two children prior to this trial. On August 31, 2010, a federal grand jury charged the defendant with violating 18 U.S.C. §§ 1201(c) (Conspiracy to Kidnap Minors in Foreign Commerce); 1591(a) (Sex Trafficking of Children); and 2251A(a) (Selling Children). This case has come to trial in 2010.

SPECIAL INSTRUCTIONS 1.

Federal Rules of Criminal Procedure and Federal Rules of Evidence apply.

Participants’ statutory research is limited to the statutes mentioned in the indictment, 18 U.S.C. § 2256, which is incorporated into the indictment and jury instructions by reference, and statutes referred to in the Federal Rules of Evidence and the Federal Rules of Criminal Procedure.

All exhibits are either originals or admissible duplicates pursuant to FRE Rules 10011003.

Motions in limine may be heard prior to the commencement of trial.

The United States may call any two of the following witnesses: 1) Casey Marshall; 2) Jamie Marshall; 3) FBI Special Agent Brett Adams. The Defendant may call any two of the following witnesses: 1) Dr. Stacey King; 2) Jackie Collins; 3) Pat Marshall. All witnesses are gender neutral.

No witness is permitted to “invent” any other individuals that are not included in the facts.

Aside from the Defendant, all individuals that are included or mentioned in the facts, but not listed as potential witnesses, are unavailable to testify at trial, pursuant to FRE 804.

All participants are expected to make reasonable inferences only from the facts that are given.

Only exact copies of the exhibits included in this packet are permitted during competition unless pre-approved by the TMMTC Mock Trial Board.

10.

Pat Marshall has pled not guilty of all charges in this case.

11.

Any modifications to the jury instructions are not permitted.

12.

The “Statement of the Case” is not evidence in this case.

13.

This case has come to trial in 2010.

14.

Though the indictment refers to multiple persons, this case only pertains to the guilt or innocence of the instant defendant, Pat Marshall.

STIPULATIONS OF FACT 1.

The FBI has obtained images and videos depicting the two minors delivered to Mel Styles involved in child pornography produced by Mel Styles. The parties have stipulated that Agent Adams may testify to the contents of the pictures and videos without actually producing the documents.

The FBI has not been able to discern the whereabouts of the two children delivered to Mel Styles prior to this trial.

This trial court has denied the motion to quash the indictment.

The parties have stipulated that the traffic stop of Jamie and Pat Marshall was proper under the laws of the state of Panhandle and the United States Constitution.

Neither side is permitted to argue for any lesser-included offense not listed in the indictment.

Vista Beach and Swank County are within the Western District of Panhandle.

Bigamy and Polygamy are illegal in the state of Panhandle. The state only officially recognizes the first-occurring marriage.

The defendant has given notice, pursuant to Federal Rule of Criminal Procedure 12.2(b)(1), to introduce expert evidence. The defendant hired both Dr. Melrose Jenkins and Dr. Stacey King in this case.

TheStylishSensei@tellnex.com is the email address for Mel Styles.

1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45

GRAND JURY TESTIMONY OF FBI SPECIAL AGENT BRETT ADAMS BEING DULY SWORN, THE WITNESS TESTIFIED AS FOLLOWS: ASSISTANT UNITED STATES ATTORNEY (AUSA): introduce yourself to the grand jury? AGENT ADAMS: Investigations.

Sure.

Agent Adams, could you please

I am Special Agent Brett Adams with the Federal Bureau of

AUSA: You are a member of a specialized unit with the FBI? AGENT ADAMS: Yes, I’m with the ICAPP Unit, which stands for International Child Abduction and Prostitution Prevention Unit. Our assignment is to investigate and arrest individuals suspected of trafficking children into the United States from various foreign countries. AUSA: How long have you been with that unit? AGENT ADAMS: For about two years, since 2008. AUSA: Let’s back up a moment. How long have you been in law enforcement and with the FBI? AGENT ADAMS: I’ve been in law enforcement since I was 26. At 22 I joined the United States Marine Corps, right after September 11th. I was discharged in 2005, and I joined up with the Panhandle State Police. While there I worked with a joint task force unit between the Panhandle State Police and the FBI designed to stop child trafficking. After a year there, I was recruited by the FBI because of my work with the joint task force, and went on to attend Quantico and have been with the FBI ever since. AUSA: Okay. In your work with the ICAPP Unit, how many arrests have you made. AGENT ADAMS: I have made approximately 72 arrests, which has led to 58 convictions. Ten cases are still pending. Usually the defendants plead guilty. AUSA: What methods do you employ in conducting your investigations of child trafficking? AGENT ADAMS: One method is simply to keep up to date with convicted sex offenders within the country that have been released. Those persons are usually under federal supervision for life, so we want to keep tabs on them. On other occasions, we may pay particular attention to individuals with international connections, usually through various surveillance techniques. Also, it’s important for us to stay up on current events because many times you will have an influx of child trafficking activity in countries that are impoverished and/or have suffered some sort of crisis. Those places are most vulnerable. Additionally, we have maintained our 10

46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91

relationship with the Panhandle State Police by way of the joint task force I was telling you about, and they often give us tips on potential child trafficking operations. AUSA: Okay. Let’s turn our attention to April 23, 2010. You were called to the Robert’s Park section of Swank County, correct? AGENT ADAMS: Yes. I received a call from the Panhandle State Police at about 11:30pm that they had a person stopped on Anders Ave with three small children in the car. At that location, at that time of night, with that many children in the car, it was not unusual for me to get that kind of a call. AUSA: What do you mean by that? AGENT ADAMS: Swank County is well known by law enforcement and the locals as a place where child trafficking goes on and a place where numerous child pornography busts have been made over the past decade. Anyone who is from here or has spent a lot of time here knows about Swank County. It’s one of those places where a lot of illegal immigrants are brought into the country and, consequently, a lot of untoward activity can go on without, unfortunately, a lot of disruption from law enforcement. But, we’re trying to change that. AUSA: How long did it take you to arrive at the scene? AGENT ADAMS: It only took about 5-10 minutes. I was familiar with the area as we sometimes stake out in that area because of the prevalence of sexual abuse and child pornography cases coming out of Swank County. AUSA: What happened when you got there? AGENT ADAMS: When I arrived, I briefly spoke with Trooper Stephenson, who I worked with during my time at the Panhandle State Police and who mentored me when I got into a little trouble on the job in 2005. He was on the joint task force, as well, but was never recruited by the FBI. I learned that he stopped the vehicle for failing to signal a lane change and failing to signal a left turn. When I arrived, I saw that the vehicle was a black Chrysler 300, 2010 model. At that time, Trooper Stephenson had in his hand a driver’s license and registration for the driver, which he showed me, and he was beginning to walk back over to the driver’s side of the vehicle. I walked back over to the car with him, and saw the three children in the back seat. The oldest looked to be no more than 12. I also noticed that one of the children in the back seat was crying, and I said something like “it’s ok, little one,” to help her stay calm. When I said that, she shook her head no and yelled in a very strong accent “they took me from my mommy, and took my sister away.” Trooper Stephenson then asked the driver to step out and I walked around and asked the passenger to step out, as I was suspicious that these children had been kidnapped, or worse. When the driver and passenger were exiting the vehicle, the lights in the car came on, and I could very clearly see the wood-handle of a firearm between the passenger side seat and the center console. At that point we placed the driver and passenger in the back of Trooper Stephenson’s patrol car, and put the children in the back of my car. By that time, some other agents had arrived, and I had them search the front seat of the vehicle while I watched. First, 11

92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  122  123  124  125  126  127  128  129  130  131  132  133  134  135  136  137

they collected the gun that I had seen which was unloaded. Then, they found a travel itinerary which was sticking out of the passenger’s visor, showing that the driver and the passenger had traveled to Trinity on April 21. Finally, in the center console, they found some ammunition for the firearm and a single, white envelope containing $5,000.00 in cash. AUSA: What did you do next? AGENT ADAMS: Afterwards, one of my agents took the children, and another of the agents transported the two suspects, Pat Marshall and Jamie Marshall, to the FBI headquarters for questioning. Neither of the suspects was handcuffed, and at that point we didn’t know exactly what was going on. The items we collected were sent to the forensic lab, which sent me a report a few weeks later. AUSA: What happened at FBI headquarters? AGENT ADAMS: We interviewed the suspects first, Jamie Marshall and then Pat Marshall. AUSA: Let’s start with the interview of Jamie Marshall. AGENT ADAMS: I told Jamie I needed to know what was going on, and who these children were. At first, he/she said that the children were his/her nieces and nephews. I told him/her I didn’t believe him/her because of the gun we found in the car and the travel itinerary. At that point, he/she got annoyed and yelled at me saying “We didn’t do anything wrong, ask Pat.” At this point, he/she seemed to be getting really nervous, and I was getting anxious because it seemed he/she was hiding something, and I wanted to make sure these children weren’t in any danger. I told him/her I was going to go talk with Pat to see if I could get the truth. When I said that, he/she said that “Pat can’t tell it like I can” and that he/she would tell me what was going on. At that point, he/she said he/she, Pat Marshall, and Casey Marshall had came up with this plan where they would go to Trinity to bring children back to the United States for people in Swank County. They brought back five children, including the three that were in the car, and when they got back to Panhandle that night, they called Casey to find out where to take the children. Casey told them that Mel Styles would be waiting at Vista Beach Pier; but, when they arrived, Mel Styles only took the two oldest children and directed that they take the other three children into Swank County, to leave them with Jackie Collins. I knew Mel Styles from his criminal record, and I really got worried at that point about where those other two kids were. AUSA: What else did Jamie Marhsall say? AGENT ADAMS: Jamie Marshall said that the defendant told Jamie he/she was worried that Casey “was up to something unrighteous,” and told Jamie that, from then on, “she wanted to handle all the details of this thing by herself.” After that, Jamie Marshall said “that’s all I know and that’s all I’m saying. I want my lawyer.” Jamie seemed to be agitated about saying that much to me. I read Jamie his/her Miranda rights and took him/her to a holding cell. Based upon the information we received from Jamie, we procured arrest warrants for Casey Marshall and Jackie Collins, and search warrants for Collins’ house and the Marshalls’ house. 12

138  139  140  141  142  143  144  145  146  147  148  149  150  151  152  153  154  155  156  157  158  159  160  161  162  163  164  165  166  167  168  169  170  171  172  173  174  175  176  177  178  179  180  181  182  183

AUSA: You interviewed the defendant next? AGENT ADAMS: Yes. At that point, time was of the essence for finding those kids. AUSA: What did the defendant have to say? AGENT ADAMS: As I said, we were still pressed for time at this point, trying to locate the children, so we pressed the defendant hard to give us answers. First, I asked where they had left the children, to confirm that Jamie was telling the truth. The defendant stated that “we took the kids to Vista Beach Pier.” I asked who did they leave the kids with, and the defendant said “I don’t know, some convict named Mel. I knew it was a bad idea to bring him/her in.” Then I asked the defendant where the kids were being taken and he/she said “you figure it out. You can’t get us on anything and you aren’t going to stop us from doing what we’ve got to do.” The defendant kept saying that he/she “did what I had to do.” AUSA: After that what did you do? AGENT ADAMS: At this point, we read the defendant his/her Miranda rights, and told him/her that he/she was being arrested for kidnapping and on suspicion of selling children with intent to promote sexually explicit conduct. We then left him/her a notepad and told the defendant that he/she could write a statement if he/she wished. We didn’t have time to really conduct an interview at that point because we wanted to try and find any way we could to find those kids. Eventually the defendant did write a statement, which we typed up and he/she signed. AUSA: Did you speak to any of the children that were in the car? AGENT ADAMS: Yes, again we were trying to find those other children, so we asked them where they were from, whether they were hurt, and where the other children had gone. The children were able to tell us that they were 12, 10, and 9, and they gave us physical descriptions of the other two children. The youngest was very upset when we talked to her and was crying the entire time. She told us that her name was Ora. When we asked her where the other children were, she said that “the bad people with guns had put them in the boat” and that the defendant told them that the other kids were taken somewhere to be “movie stars.” AUSA: Have you found the other two children? AGENT ADAMS: No. But, we do know that they have been used in child pornography. Based on their physical descriptions, we have found images and videos of them in relation to other cases. Those images and videos, we were able to determine, were created around the same time that the children were brought into the United States. AUSA: Earlier you mentioned getting arrest warrants for Jackie Collins and Casey Marshall. Did you arrest them? AGENT ADAMS: Yes. We took statements from them, as well. 13

184  185  186  187  188  189  190  191  192  193

AUSA: You also mentioned search warrants; did you find anything pursuant to those searches? AGENT ADAMS: Yes. At Jackie Collins’ home we discovered a stack of magazines on his/her computer desk with JC Penney Kids’ catalogs. We took a picture of that stack and one of the catalogs in the stack. Additionally, we found on his/her computer a set of pictures that appeared to be cut and pasted from the internet and saved under the name “Kids.” We printed out those pictures and have kept them, along with the pictures of the catalogs in evidence. We also found at the Marshalls’ home a chain of emails between Mel Styles and the defendant. AUSA: Thank you, Agent Adams.

1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46

GRAND JURY TESTIMONY OF JAMIE MARSHALL BEING DULY SWORN, THE WITNESS TESTIFIED AS FOLLOWS: ASSISTANT UNITED STATES ATTORNEY (AUSA): Could you please introduce yourself to the grand jury? JAMIE MARSHALL: I am Jamie Marshall, founder of the Church of the Marshallites. AUSA: Have you been convicted of any crimes before? JAMIE MARSHALL: I was convicted of possession of child pornography. I got out in 2001. AUSA: You were convicted of that in the state of Panhandle, correct? JAMIE MARSHALL: Yeah. AUSA: And, you are facing charges from the United States right now, are you not? JAMIE MARSHALL: Yes. I am going to plead guilty to conspiracy. AUSA: You’ve entered a plea agreement which only requires you to be convicted for Count One of the indictment, in exchange for truthful and forthright testimony in this case? JAMIE MARSHALL: Yeah. And I might get a 5K or Rule 35. AUSA: You are referring to a motion under United States Sentencing Guidelines Section 5K1.1, and Federal Rule of Criminal Procedure 35, which could reduce your sentence, correct? JAMIE MARSHALL: Yeah. My lawyer just called them a 5K or Rule 35. AUSA: You could also receive a reduction to your sentencing guidelines range for acceptance of responsibility, under United States Sentencing Guidelines Section 3E1.1? JAMIE MARSHALL: Yeah. AUSA: Let’s talk about your relationship with the defendant. Who is the defendant to you? JAMIE MARSHALL: He/she is my spouse. We got married in 2003 in Panhandle. AUSA: But, you were already married, then, weren’t you. JAMIE MARSHALL: Yeah, I was already married to Casey. AUSA: Casey Marshall?

47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91  92

JAMIE MARSHALL: Yeah. AUSA: Casey is also involved in this conspiracy, correct? JAMIE MARSHALL: Yeah. AUSA: You mentioned earlier that you founded the Church of the Marshallites. What is that? JAMIE MARSHALL: It’s my church, which I founded in 1999. We preach a transcendental message of love and unity. We believe that people should be able to love whomever they wish, and we do a lot of work in the community to push that message. We are politically active in the support of polygamy, promoting the right to equal marriage rights for all, ending wars, and stuff like that. A lot of people give us donations to continue our work. AUSA: Let’s talk about what happened in April 2010. You and the defendant planned to bring children to the United States from Trinity, correct? JAMIE MARSHALL: You’ve got to know the whole story. See, you’ve got to know from the beginning. We watched this documentary about Trinity, and me and Pat and Casey thought that we had to get those children from that island. It just wasn’t safe down there. They would be better here in the United States. They were orphans with nobody to love and take care of them. And, that government down there is dysfunctional, so we decided that when we got a chance, we were going to bring some of those kids back here to live. AUSA: What did you all do in preparation to go to Trinity? JAMIE MARSHALL: Me and Casey came up with a plan. We decided that we would fly into Trinity and get some guns once we got there for protection. We would go where orphaned kids were being kept and would bring some of them back with us on a boat. I knew a friend at the port authority who could help us get a boat over there and help us get back into the United States, which he did. Eventually, though, I decided that Casey should stay behind and help coordinate and that Pat would go to the island with me because Casey is a little sharper than Pat. Pat would be more help if he/she were with me on the island so I could just tell him/her exactly what I wanted him/her to do and he/she’d do it. AUSA: What’s your friend’s name? JAMIE MARSHALL: Marlon McVey. AUSA: What else did you do in preparation for the trip? JAMIE MARSHALL: I called Mel Styles so that we could set something up. I knew that Mel could get us the money we needed, as long as we came through with the kids for him/her. He/she usually only deals with older kids, but I knew he/she had enough connections in Swank County that we could find a place for the other kids. Either way, we could make a little money in the mean time for the church. Sure enough, when I called him/her, he/she told me that there 16

93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  122  123  124  125  126  127  128  129  130  131  132  133  134  135  136  137  138

were some people in Swank County that could help me finance the trip to Trinity, and would take care of the children once we brought them back. That was the plan. AUSA: You knew Mel Styles’ history as a convict? JAMIE MARSHALL: Of course, that’s why I called him/her. I met him/her in prison. He was convicted of running a prostitution ring with some 16 and 17 year old girls. AUSA: Did the defendant know about Mel Styles’ history? JAMIE MARSHALL: Yeah, I told them about that. AUSA: You also knew the reputation of Swank County as a place where child pornography is made? JAMIE MARSHALL: I’ve definitely heard that from Mel before, and I believed him/her. AUSA: Did you exchange money with Mel Styles before leaving for Trinity? JAMIE MARSHALL: No, I never saw any money. My understanding was that we would get the money at a later time. AUSA: What did the defendant do in preparation for the trip? JAMIE MARSHALL: Casey and Pat made all of the travel arrangements for the trip. I can usually count on Casey to take charge when I tell them to do something. AUSA: When did you all leave for Trinity? JAMIE MARSHALL: We took a late flight to the island on April 21, 2010. We touched down on the morning of the 22nd. AUSA: What did the defendant say to you while you traveled? JAMIE MARSHALL: He/She said he/she was worried that Casey had made a side deal with Mel. He/She didn’t trust Casey. AUSA: What did she mean? JAMIE MARSHALL: He/She thought that Casey and Mel were going to “sell us out to the cops” and would “take all the money for himself/herself.” There was always some sort of tension between Pat and Casey. I think Casey was a little jealous that I married Pat, and Pat was always worried Casey would do something to push him/her out of the family. AUSA: What did you do when you arrived? 17

139  140  141  142  143  144  145  146  147  148  149  150  151  152  153  154  155  156  157  158  159  160  161  162  163  164  165  166  167  168  169  170  171  172  173  174  175  176  177  178  179  180  181  182  183

JAMIE MARSHALL: We did like we planned. We found a group of what looked like volunteers and told them we were there to help. We were directed to this area not too far from the homeless camps and the volunteer shelters. On the way, I met a man on the street outside the house and he sold me a .357 pistol and a few bullets. That part was actually pretty easy—I did that within the first 20 minutes of touching down. After that, we just went into the tent cities--I don’t know exactly where it was--looking around. I found this one tent and went inside while Pat kept lookout outside. I found five kids there together, three boys and two girls. Nobody else was there. I woke them up and brought them outside together—I think they thought we were some of the volunteer workers. AUSA: Where was the weapon when you were taking the children? JAMIE MARSHALL: I had it in my hand when I first went into the tent. Then, I put it in my belt when I was moving the children outside to Pat. AUSA: Did the defendant have a weapon? JAMIE MARSHALL: I gave him/her my gun while I was working to get the boat ready that Marlon had somebody put near one of the piers for us—it was exactly where he said it would be-and I told Pat to watch the kids. I think he/she kept it while we were in the boat too, ‘cause I was trying to steer the boat. AUSA: What happened when you got back to Panhandle? JAMIE MARSHALL: I had left my car near the Lakefront pier before we left for Trinity, and that’s where we pulled up the boat. So, we got everybody into the car and called Casey to find out where we were supposed to meet Mel. Casey told us to meet him/her at the Vista Beach Pier. We drove down there, which was only about 10 minutes from where we were. AUSA: Was Mel there? JAMIE MARSHALL: Yeah, he/she was in his/her car. I told Pat to get out and go to the car to talk to him/her. He/She did like I told him/her and came back to the car, saying that Mel was only going to take the two oldest ones and the other ones we had to take into Swank County ourselves. He/She took the two oldest looking kids back to Mel’s car and then came back. AUSA: How much were you all supposed to get for the children? JAMIE MARSHALL: Mel was supposed to pay us $1000 per child. But, like I said, Casey and Pat worked out those details. AUSA: Did you see the defendant bring the money back to the car? JAMIE MARSHALL: I really wasn’t paying attention to any of that, at first. The kids had started crying, so I was trying to keep them quiet. I remember him/her telling me that we had to 18

184  185  186  187

take the rest of the children to Robert’s Park. Along the way, though, I saw him/her put a white envelope into the center console. Not long after that, was when we were stopped. AUSA: Thank you.

WRITTEN STATEMENT OF CASEY MARSHALL TO THE FBI I was born on February 26, 1980 in Swank County, Panhandle. I was a victim of child pornography as a child when my father and uncle took pictures and videos of me. Unfortunately, that happened to a lot of kids I grew up with in Swank County. For some reason, Swank County is a popular place for that kind of stuff. I was taken away from my parents when I was twelve and grew up in foster care. I attended the University of Panhandle from 1998 to 2002, which was the same year I met Jamie Marshall at the Vista Beach Mall. He/she gave me a pamphlet for his/her church, and I have been in love with him/her ever since. He/she was a lot older, but he/she seemed very sincere and I wanted very much to be a part of his/her church. I was very excited when he/she asked me to marry him/her. We went on a trip to the State of Wiley for spring break, and he/she proposed to me. I accepted and didn’t go back to finish my last semester of college. But, that was the best year of my life when it was just the two of us, loving each other and spreading the message of the Church. In 2003, he/she married Pat, and the church and our family has been going downhill ever since. After the earthquake in Trinity, Pat told Jamie that we should bring some of the kids in Trinity to the U.S., and get some money for them to help build up the church. Jamie was excited about this idea; he/she said it was “God’s will.” Jamie called his/her friend Mel Styles to help us get the money to get to Trinity. He/She told us that he/she met Mel in prison and that Mel was convicted of prostitution. One night when me, Jamie, and Pat were talking about the plan to bring the kids back, Jamie told us that we would be selling the kids to Mel so that they could be used “in movies.” Pat and I both knew what he/she meant, and I went along because I didn’t want to defy Jamie or let him/her go back to jail. Jamie then told Pat and I to take over the planning of the trip with Mel. Pat, because it was his/her idea, wanted to take charge. We don’t get along that well, so to avoid a fight, I let him/her do it. He/She talked on the phone and by email with Mel setting up all the details, and she passed on the information to me by telling me what he/she and Mel had talked or showing me emails. He/She was the mastermind of this whole thing, and I was just there to assist. I would basically just sit there while he/she was on the phone or writing emails, listening and watching. I know that they were supposed to sneak into Trinity at night, and find some kids to bring back. They were supposed to get guns for protection and to make the kids come with them if they needed to. When they got back, Pat was supposed to get $5,000 from Mel as payment for the kids. Before Pat and Jamie left for Trinity, Pat gave me his/her email password, and told me that Mel would be sending him/her an email about where to bring the children once they got back to the United States. So, when they called me about where to take the children, I was to go into his/her email and give them the location. On April 23, 2010, Pat called me at about 11:00pm, telling me that they had come back with five children and asking me where they were supposed to take them. I told him/her that Mel Styles wanted them to be brought to Robert’s Park and that he/she had the money with him. That was the extent of our conversation that night. About an hour later, the FBI kicked in the door at the house and arrested me. I was kind of relieved because it meant I didn’t have to be a part of this anymore. Perhaps after this is all over, everything can get back to normal with me and Jamie. I pled guilty to conspiracy and entered into a plea bargain, where I’m supposed to get a reduced sentence if I testify truthfully. I have not been sentenced, yet.

47  48  49  50  51  52

I declare under penalty of perjury that the foregoing is true and correct. Executed on September 9, 2010. _______________________________ Name

____________________ Date

WRITTEN STATEMENT OF JACKIE COLLINS TO THE FBI I was born on the island of Matris in Trinity in 1975. I came to this country to attend university in 1995, and have lived here ever since. I became a naturalized citizen in 2000, a year after I graduated law school. I am now a practicing attorney with Yah, Wright, LLP in Swank County. However, I have not forgotten about my homeland and want to do whatever I can to help my people. I often will travel back and will work for several weeks as a volunteer. Sometimes my job will give me credit for billable hours to do pro bono work on the island. The biggest problem on the island is that the children are exposed to deplorable conditions. Many are poor, many have no families to take care of them and are resigned to orphanages, and many are the victims of sexual violence. One of the worst facts of life in Trinity is that those children that do have families are sometimes sold into slavery to other families, which is completely legal. I was one of those children until a volunteer on a mission trip was able to convince the family that owned me to let me free so that I could come get an education in the United States. I read the magazines and newspapers all the time, and I see the images of these kids that I can’t get out of my head. Sometimes I keep those pictures so that I never forget where I come from and so that I stay determined to help. I knew that when the earthquake hit in January even more children were going to suffer, so I decided that I was going to try and save as many children from that life as I possibly could. One day in February, while in a cigar shop, I met Mel Styles. We were watching a news program talking about Trinity and the earthquake, and he/she and I just began to talk about what we could do to help save those children. He/She seemed to be a very sincere and nice person. We exchanged information and talked more about the details of our plan. He/She told me that he/she had a friend, Pat Marshall, who was planning to travel to the island to help save children, but he/she would need money to do so. I agreed to front the money for the travel, and we both agreed to find families in the area that were willing to adopt these kids when they were brought back to the United States. We knew that it would be difficult, but we both thought that the risk was worth the reward. One time he/she gave me a note that he/she said was from Pat Marshall thanking me for all my help, and saying that she “knew that we were doing the right thing.” I kept the note, but can’t remember where I put it. I was with Mel one night when he/she was talking to Pat on the phone. He/She told her that this was the opportunity of a lifetime, and those kids would be so much better off here in the United States. He/She also told Pat that for the first time, many of those kids would be free to live and play, would be a part of loving families, and would not have to worry about all the harsh realities of living as a child in Trinity. This made me think he/she was as dedicated as I was to making a difference for these kids. I think I talked to Pat that night, too, and thanked him/her for his/her help. In March, 2010, Mel told me that Pat and Jamie Marshall, Pat’s spouse, were bringing in three children from Trinity, and this was going to be the first of many trips. I was excited about this. I gave him $3,000 in cash to help with the travel about a week before Pat and Jamie left. He/She told me to meet them in Robert’s Park at about midnight on April 23 going into the morning of April 24. While I was there waiting, I was arrested by the FBI and taken to jail. They charged me with all these crimes, but I didn’t do anything wrong. Mel never told me about anything illegal that he/she was planning. I am innocent of these charges.

47  48  49  50  51  52

I declare under penalty of perjury that the foregoing is true and correct. Executed on September 10, 2010. ______________________________ Name

____________________ Date

WRITTEN STATEMENT OF DR. STACEY KING My name is Dr. Stacey King, Ph.D. I completed my undergraduate education at the Liberty City University in the state of Newborough with degrees in Psychology and Criminal Justice. I thought of attending law school, but then decided that I liked the field of Psychology more. I went on to earn my Master’s Degree in Social and Behavioral Sciences and my doctoral degree in Psychology from LCU in 2000 and 2003, respectively. I’ve since published two papers in the American Journal of Psychology. In 2003, I published a modified version of my doctoral thesis, entitled “The Elements of Post-Traumatic Stress Disorder and the Elements of Crime: An Act of Reconciliation.” In 2006, I published a paper entitled “Battered Spouse Syndrome and the Law.” I just recently have come to the South and am currently applying to be an adjunct professor at the University of Panhandle; but, in the mean time, I work, with the benefit of federal and state grants, with the organization I founded called the Psychological Research Organization of Panhandle. My current research is geared toward explaining the behavior of battered spouses, not only in the context of their criminal behavior towards their batterers, but also when they engage in criminal behavior with and on behalf of their batterers. I am trying to develop it as a sub-subset of Post Traumatic Stress Syndrome and Battered Spouse Syndrome, calling it Battered Spouse Accommodation Syndrome. This could revolutionize the field of Psychology. This is my first time testifying in a criminal case, so I am only charging $400/hr for my out-of-court time, and $700/hr, plus travel expenses, for my in-court time. I was asked to review all the evidence in this case, namely the defendant’s background and statements, the circumstances surrounding the defendant’s marriage to Jamie Marshall, the defendant’s psychological examination by Dr. Melrose Jenkins, and the defendant’s alleged involvement in the crimes charged in the indictment. I also reviewed the scientific literature relevant to this case. Over the course of about ten hours of research, I have drawn a number of conclusions about the defendant’s situation. What I have learned from the defendant’s background is that the defendant was both sexually and violently abused as a child by her parents. This likely created in the defendant a coping mechanism whereby accommodating the abuser was much easier than resisting. In fact, there is a wealth of research where children who suffer such abuse do not reveal their abuse until later, often in an unconvincing manner. What I’ve found in my research is that such a mindset often transfers into one’s adult relationships with friends, family, and spouses. Moreover, an abusive marriage only exacerbates those problems. In the defendant’s case, this marriage is very much a mentally and emotionally abusive situation. The defendant does what Jamie Marshall wants regardless of the consequences and regardless of the potential criminality of what Jamie wants in order to avoid any abuse from the one person the defendant feels in love with. That is not to say that the defendant was not already a victim of abuse because, as I said, I think the defendant was very much a victim of emotional abuse. Nevertheless, the defendant would likely not recognize the abuse unless it was physical abuse, given her childhood. Also, it seems as though this whole thing with the trip to Trinity was not only an act of accommodation, but also an opportunity to step in the shoes of Casey Marshall as the favorite spouse to Jamie Marshall.

46  47  48  49  50

I declare under penalty of perjury that the foregoing is true and correct. Executed on November 26, 2010. _______________________________ Name

____________________ Date

PRELIMINARY STATEMENT OF THE DEFENDANT BY THE FBI I met Jamie, I joined the church, and we got married. When I moved in with Jamie and Casey, I could tell that Casey didn’t like me at all. In fact, he/she hated me so much that he/she would try to do things to get me in trouble with Jamie. For example, when I first moved in, he/she would take some of Jamie’s valuable collectable items and put them in my room as if I were trying to steal them. One other time, he/she hacked into my email and sent flirtatious emails from me to some of my exes, and showed them to Jamie. Jamie got really angry that time, and I didn’t know what he/she was going to do. From then on, Jamie made us all use the same email password, so that he/she could check up on us. I had never seen him/her so angry before and I got scared, so I gave him/her my password. I stayed awake all night in bed for about two weeks. I’ve been through all of that before when I was younger. I was relieved that Jamie never laid a hand on me, and I wanted to keep it that way. All of that stuff with Casey was childish, so I ignored him/her and kept true to the church’s teachings and obeyed Jamie. I love Jamie so much, and would never do anything to hurt him/her. When Jamie came up with the plan to go into Trinity, I was very excited because I always wanted to help kids that are in difficult situations, just like I wished someone would have come and helped me when I was living with my parents. We were supposed to go bring the children back and people in Swank County would take the kids in and raise them in loving homes. I guessed it would be families where they were unable to adopt kids or weren’t able to have kids on their own; and, I guessed there could be some people that just wanted to be nice and helpful. Jamie told us that Casey and I were going to handle all the arrangements. Though Casey usually takes over everything when Jamie tells us to do something, this time I said I was going to do all the travel arrangements, and Casey could handle setting up the kids with families. This was my time to shine. Casey didn’t seem to have a problem with that, so I went online and set up a flight for myself and Jamie to go to Trinity. Jamie had my email password, so Jamie told me to set up the travel plan and he/she would go into my account and pay for the travel at a later time. Casey took care of everything else. I only talked to one person about taking in the kids and that was someone named Jackie. He/she told me that they were excited to help these kids just like I was. When we went into Trinity, the country was awful. There was destruction everywhere, and I couldn’t help but think of home when I saw it. Obviously, I didn’t have it as bad, but I know what it feels like to live with no hope for the future, and that’s what it seemed like in Trinity. When we first got there, Jamie said that we should get a gun for protection because people were so desperate there that they may try to rob us. So, he bought some kind of a gun, I don’t know what kind because I don’t know anything about guns, and some bullets. Then, Jamie and I went into these tent cities, and we found these five kids that seemed like they wanted to come with us. I told them that they would go to the United States and live better and the oldest ones I could see were very excited, but I’m not sure the little ones understood as much. But, they all came with us. We got everyone in a boat and came back to Vista Beach. When we got here, Jamie made a phone call and we dropped off the two oldest kids at Vista Beach Pier. Jamie got out and took them over there because he said “I know this guy. He only deals with the older kids.” While he was doing that, I was trying to keep the younger kids calm; two of them had fallen asleep. When Jamie came back to the car, he put an envelope in the center console and

46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61

then we pulled off. I never saw what he did with the gun. A little while later we got pulled over by some cop and Agent Adams. I knew Casey wasn’t as excited as we were about helping the kids, so I thought he/she might do something to sabotage the trip. But, I didn’t know anything about anything illegal like the police are saying. I should have known that Casey was going to do this. It’s all Casey. I definitely would not do anything to harm anybody’s children. My only goal was to bring those children here so that they could have a better life. If I knew where the other two children were, I would tell you. I did what I was supposed to do, ask Jamie. I did what he/she told me to do. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 24, 2010. ______________________________ Name

____________________ Date

EXHIBIT A

EXHIBIT B

EXHIBIT C

Coast 2 Coast

EXHIBIT D

Travel Company ITINERARY

Print Itinerary                                                                         Log Off

Itinerary Information Today’s Date: Reservation ID:

Monday April 19, 2010 SEA71084

Reservation Information No. of Travelers:

Traveler’s Names:

Jamie Marshall, 455 Urway Dr., Vista Beach, Panhandle 56789 Pat Marshall, 455 Urway Dr., Vista Beach, Panhandle 56789

Registrant’s Name:

Pat Marshall

Contact Phone Number:

855-412-3495

Price:

$3,227.39 VISA: XXXXXXXXXXXX1795

Flight – International Affairs Airlines, Inc. (IAA) – 222

Wednesday, April 21, 2010

Flight No. 222

Non Stop

Class of Service

Economy (V)

Depart:

Panhandle Int’l Airport (PIA)

11:45 PM

Terminal L

Arrive:

Wednesday, April 21, 2010

Patria City Airport, Trinity (PIT)

1:30 AM

Terminal 1

Thursday, April 22, 2010

Seat

Statuts

Passenger

37A (Emergency Exit)

Confirmed

Marshall, Jamie

37C

Confirmed

Marshall, Pat

http://www.coast2coasthighclasstravel.com/newtravel/trinity/reservation/receipt.htiml

4/19/10

1  2

EXHIBIT D

STATE OF PANHANDLE DEPARTMENT OF FORENSIC SCIENCE 123 CONFEDERATION AVENUE SANDY BEACH, PANHANDLE 56790

3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35

MEMORANDUM TO:

UNITED STATES FEDERAL BUREAU OF INVESTIGATIONS ATTN: FBI AGENT BRETT ADAMS FROM: DR. ANGEL MARTINEZ RE: FORENSIC RESULTS August 15, 2010 Dear Agent Adams, You asked me to perform forensic testing, namely fingerprint and DNA testing on items recovered during a traffic stop last spring. Due to the business of my schedule, I was not able to begin testing the items until last month. As a result of several rounds of testing, the results are as follows: 1. 2.

One (1) 357 Magnum Revolver, with wood-grained handle and black barrel, and ammunition: no latent fingerprints were discovered. No DNA was recovered. One (1) Envelope containing $5,000 in cash, white. Latent fingerprints belonging to Jamie Marshall were lifted from the outer portions of the envelope. No DNA was discovered on the lip of the envelope.

Please let me know if you any additional questions regarding these results. Sincerely,

Dr. Angel Martinez Chief Forensic Scientist for the State of Panhandle

1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44

EXHIBIT E FROM: TO: DATE: SUBJECT:

TheStylishSensei@tellnex.com PatMarshallLaw@theword.com March 29, 2010, 2:33pm THE PLAN

Hey, I just checked up with a friend of mine, and I think we’re a go on what we talked about. I’m glad you all brought me in--you know business is booming in this part of town. ;) FROM: TO: DATE: SUBJECT:

PatMarshallLaw@theword.com TheStylishSensei@tellnex.com April 15, 2010, 4:14am Re: THE PLAN

What’s the deal with the money? These travel arrangements are going to be expensive. You better make sure that he is on board . . . Oh yeah, I’m taking over all of the arrangements now, so we’ll talk on the phone for the most part here on out. FROM: TO: DATE: SUBJECT:

TheStylishSensei@tellnex.com PatMarshallLaw@theword.com April 15, 2010, 5:25am Re: THE PLAN

Oh, there’s no doubt my friend’s on board. I’ve got friends in low places, but they always come through when I’m on the job. We’ll have some money for you on the night you all come back. Loved that note, by the way. Brilliant! I’ll call you so y’all can talk. FROM: TO: DATE: SUBJECT:

PatMarshallLaw@theword.com TheStylishSensei@tellnex.com April 21, 2010, 11:52pm Re: THE PLAN

Hey, we’re all set up to be in Trinity on the 22nd and will be back on the 23rd. You won’t be able to get me by phone, so just send an email with the location. FROM: TO: DATE: SUBJECT:

TheStylishSensei@tellnex.com PatMarshallLaw@theword.com April 23, 2010, 9:15pm Re: THE PLAN

Vista Beach Pier. . .

EXHIBIT F Melrose Jenkins, Ph.D., M.D. Jackson Johnson, Ph.D., M.D. Colonel Jeffries, Ph.D., M.D.

JENKINS, JOHNSON AND JEFFRIES Offices of Psychology and Psychiatry Town Centre, Suite 1700 South Beach, Panhandle 56789

CONFIDENTIAL October 27, 2010 Counsel for Defendant, Pat Marshall, Per your request, I conducted a psychological examination of the defendant to determine her mental capacity at the time of the alleged conspiracy in this case. I prepare this letter as a part of any record of a case in which I am asked to provide a medical opinion, and these records are kept by my office for ten years after the patient no longer receives any services, or until such records are ordered destroyed by a court of competent jurisdiction. In the course of examining the defendant, the defendant reported the following regarding her childhood:

I was born in Rolling Rock, Panhandle on July 12, 1985. Rolling Rock is a farm town in the Northwest corner of Panhandle, a pretty good distance away from Vista Beach. I grew up in a family of four kids, and I was the oldest. I dropped out of school at 14 to help raise my two brothers and sister until I ran away from home at 17. When my mother wasn’t drunk, she was out in the streets doing who knows what with who knows who. While she was gone, my dad didn’t waste too much time raping and beating me and my siblings. After while I learned to cope—I wouldn’t tell anyone, tried to do what he told me to do, and I just waited until it was over. Plus, I knew that if I did tell, no one would believe me and it would be cause for another beating. But, I could not take the abuse anymore, so I ran away. It appears that the defendant definitely may suffer some sort of trauma as a result of those childhood experiences. Such a person may develop a social anxiety disorder, could develop significant health problems, or, in extreme cases, suffer from sociopathy. However, the defendant exhibits no signs of any such disorder at the present time. To the contrary, the defendant appears to be a strong-willed individual in many ways, including her capacity to raise her siblings and her self-motivated decision to escape her abusers and live on her own. Accordingly, it is my opinion that the defendant has developed no mental disease which currently impedes her ability to stand trial and assist in her defense. In the course of examining the defendant, the defendant reported the following regarding her involvement with the alleged conspiracy:

47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63

When this whole earthquake thing happened in Trinity, Jamie and I thought it was our opportunity to spread the Church’s message far and wide. We saw this documentary about child trafficking, and Jamie said it was “God’s will that we get involved.” So, we decided we would come up with a plan to go into Trinity to help save the children that were orphaned and poor. We thought if we got about five children at a time to bring back to the United States by boat, we could do a lot of good. And, we could do this as many times as it takes to have a real impact on the country and on those particular kids, if we could get somebody to help us with the costs of the travel. I only wish that Jamie would have left me in charge instead of Casey because I just knew she was up to no good. While the defendant may be somewhat delusional in her thoughts about the “church” and Jamie Marshall, there is nothing about her description of the acts leading up to the trip to Trinity that indicates a lack of capacity to discern right from wrong. She may have erroneously believed her actions were legal, but her suspicion of Casey indicates that she knew that what they were doing could become illegal if left in Casey’s hands.

2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43

EXHIBIT G

PANHANDLE STATE POLICE DEPARTMENT State Police Officer Disciplinary Database System (SPODD System) Record Summary for Officer Brett Adams Level 1 Offenses—terminable offenses involving excessive force, dishonesty, or conduct which endangers other officers: One (1) Level 2 Offenses—non-terminable disciplinary offenses involving lapses in personal conduct, which undermine one’s ability to function as an officer: None Level 3 Offenses—non terminable disciplinary offenses involving failure to follow protocol or policies of the Panhandle State Police: -

One (1) -------------------------------------------------------------------2005 May 27 Insub. to Sup. Officer – made arrest of robbery suspect without warrant after Lt. warned him not to; suspect released and not charged; two weeks desk duty (Level 3) - - June 15 Create false report – alleged actions by suspect that were later disproved by video surveillance; susp. w/o pay for 2 months (Level 1)* -----------------------------------------------------------------------

**Officer warned that this will be last disciplinary offense tolerated before termination without pension. *Officer separated from Panhandle State Police Department May 20, 2006.

Attested to, this day, May 20, 2006, by Jose Torres, Captain of the Panhandle State Police Department. _____________________________ Signature

_______________ Date 35

EXHIBIT H (1)

EXHIBIT H (2)

1  2  3  4  5  6  7  8  9  10  11  12  13

EXHIBIT I

Modern Scientific Evidence: The Law and Science of Expert Testimony 2 Mod. Sci. Evidence §§ 13:28-29 (2005-2006 Edition, Database Updated Nov. 2009)

David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders Chapter 13 The Battered Woman Syndrome and Other Psychological Effects of Domestic Violence Against Women II. Scientific Status by Regina Schuller & Sara Rzepa

***

15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40

Despite the difficulties of conducting this research, researchers have gained considerable knowledge about the dynamics of male violence against women within intimate relationships and consistency in findings across the studies can be found. An area in which there is considerable agreement among researchers involves the pervasive nature and scope of woman abuse in intimate relationships. The domineering and controlling behavior on the part of the batterer has also been well documented. Co-occurring with the batterer's physical violence is a range of psychological and emotional abuse including threats to the woman or members of her family, restrictions on her finances and behavior, destruction of property, and the potential for fatal violence when attempts to separate from the abuser are made. Researchers also consistently cite numerous external and social barriers women face when trying to end the abuse, documenting the lack of social resources available to assist battered women in their attempts to terminate the violence. Using the term "entrapment" to characterize the battering experience, Evan Stark argues that a woman's failure to leave the relationship has less to do with learned helplessness than with the "actual level of control enforced through violence, cultural restraints, and institutional collusion with the batterer."1 Researchers in the area have also documented the profound psychological impact that the violence has on a woman, viewing these reactions not as pathologies, but rather as a response to the violence the woman experiences. In addition to PTSD, a range of indicators of distress and dysfunction have been identified in battered women in the literature: fear and terror, depression and grief, nightmares and flashbacks, avoidance, and/or physiological reactivity to violence related stimuli, anxiety, anger and rage, difficulty concentrating or memory problems including amnesia and dissociation, hypervigilance or suspiciousness, feelings of shame, lowered self-esteem, somatic complaints, sexual dysfunction, morbid hatred, addictive behaviors, and other                                                               1

Evan Stark, Framing and Reframing Battered Women, in Domestic Violence: The Changing Criminal Justice Response at 280 (Eve S. Buzawa & Carl G. Buzawa eds., 1992).

41  42  43  44  45  46

forms of impaired functioning.2 With the exception of intrusion, avoidance, and physiological arousal symptoms, "few of these indicators … are specific only to trauma or victimization,"3 thus pointing to the varied responses battered women may exhibit.

47  48  49  50  51  52  53  54  55  56  57  58  59  60

Of concern in any psychological diagnosis is also the problem of false positives and false negatives. For example, with respect to the battered woman syndrome, as defined by PTSD, a woman might exhibit identifiable psychological reactions to the violence that help explain her behavior and responses and not exhibit the symptoms (false negative). Thus, the experiences of many battered women, since they do not fit this "singular" profile, will not be captured if "battered woman syndrome is defined exclusively as PTSD."4 Alternatively, she might be suffering from some other trauma and be classified falsely as suffering from the battered woman syndrome (false positive). Misclassification is of particular concern since the diagnostic category of PTSD for battered women overlaps with several other disorders (e.g., depression and anxiety disorders).5 Thus, although the profound impact of abuse on a woman is generally agreed upon, the discriminate validity of any specific diagnosis has not been adequately addressed in the literature. At present, it is also difficult to determine why a battered woman responds one way as opposed to another. Investigations are now beginning to explore the potential mediating variables that may explain the observed heterogeneity of battered women's responses

***

Dutton, Understanding Women’s Response to Domestic Violence: A Redefinition of Battered Woman Syndrome, 21 Hofstra L. Rev. at 1222 (1993). 3 Id. 4 Id. 5 Id.

JURY INSTRUCTIONS GENERAL INSTRUCTIONS NOW THAT YOU HAVE HEARD ALL OF THE EVIDENCE TO BE RECEIVED IN THIS TRIAL AND EACH OF THE ARGUMENTS OF COUNSEL IT BECOMES MY DUTY TO GIVE YOU THE FINAL INSTRUCTIONS OF THE COURT AS TO THE LAW THAT IS APPLICABLE TO THIS CASE. YOU SHOULD USE THESE INSTRUCTIONS TO GUIDE YOU IN YOUR DECISIONS. IT IS YOUR DUTY AS JURORS TO FOLLOW THE LAW AS STATED IN ALL OF THE INSTRUCTIONS OF THE COURT AND TO APPLY THESE RULES OF LAW TO THE FACTS AS YOU FIND THEM FROM THE EVIDENCE RECEIVED DURING THE TRIAL. YOU ARE NOT TO SINGLE OUT ANY ONE INSTRUCTION ALONE AS STATING THE LAW, BUT MUST CONSIDER THE INSTRUCTIONS AS A WHOLE IN REACHING YOUR DECISIONS. I INSTRUCT YOU THAT YOU MUST PRESUME THE DEFENDANT IS INNOCENT OF THE CRIMES CHARGED. THUS THE DEFENDANT, ALTHOUGH ACCUSED OF CRIMES IN THE INDICTMENT, BEGINS THE TRIAL WITH A "CLEAN SLATE"--WITH NO EVIDENCE AGAINST HIM. THE PRESUMPTION OF INNOCENCE ALONE, THEREFORE, IS SUFFICIENT TO ACQUIT THE DEFENDANTS. REMEMBER AS WELL THAT THE BURDEN OF PROVING GUILT BEYOND A REASONABLE DOUBT IS ALWAYS WITH THE GOVERNMENT, FOR EVERY ELEMENT OF EVERY CHARGED OFFENSE. IF THE DEFENDANT IS PROVED GUILTY BEYOND A REASONABLE DOUBT, SAY SO. IF NOT PROVED GUILTY BEYOND A REASONABLE DOUBT, SAY SO. YOUR VERDICTS MUST REPRESENT THE COLLECTIVE JUDGMENT OF THE JURY. YOUR VERDICT IS ONE RELATING TO THIS DEFENDANT ONLY. YOUR VERDICT AS TO THIS DEFENDANT MUST NOT BE DEPENDENT UPON YOUR PERCEPTION OF GUILT OR INNOCENCE AS TO ANY OTHER DEFENDANT LISTED IN THE INDICTMENT. YOU MUST CONSIDER THIS DEFENDANT AND EACH COUNT RELATING TO THIS DEFENDANT SEPARATELY IN COMING TO YOUR VERDICT. IN ORDER TO RETURN A VERDICT, IT IS NECESSARY THAT EACH JUROR AGREE TO IT. YOUR VERDICTS, IN OTHER WORDS, MUST BE UNANIMOUS. IT IS YOUR DUTY AS JURORS TO CONSULT WITH ONE ANOTHER AND TO DELIBERATE WITH ONE ANOTHER WITH A VIEW TOWARDS REACHING AN AGREEMENT IF YOU CAN DO SO WITHOUT VIOLENCE TO INDIVIDUAL JUDGMENT. EACH OF YOU MUST DECIDE THE CASE FOR HIMSELF AND HERSELF, BUT DO SO ONLY AFTER AN IMPARTIAL CONSIDERATION OF THE EVIDENCE IN THE CASE WITH YOUR FELLOW JURORS. IN THE COURSE OF YOUR DELIBERATIONS, DO NOT HESITATE TO REEXAMINE YOUR OWN VIEWS AND TO CHANGE YOUR OPINION IF CONVINCED IT IS ERRONEOUS. 40

COUNT ONE   IN ORDER TO PROVE THE DEFENDANT GUILTY OF THE CONSPIRACY ALLEGED IN COUNT ONE OF THE INDICTMENT, THE UNITED STATES MUST PROVE THE FOLLOWING ESSENTIAL ELEMENTS: (1)

THAT THE DEFENDANT AND AT LEAST ONE OTHER PERSON AGREED TO INVEIGLE OR KIDNAP MINORS, WILLFULLY TRANSPORT THEM IN INTERSTATE OR FOREIGN COMMERCE, AND HOLD THEM FOR RANSOM, REWARD, OR OTHER BENEFIT OR REASON;

(2)

THAT THE DEFENDANT KNOWINGLY AND WILFULLY JOINED IN THAT AGREEMENT, KNOWING ITS UNLAWFUL PURPOSE; AND

(3)

AT LEAST ONE OF THE CO-CONSPIRATORS COMMITTED AN OVERT ACT IN FURTHERANCE OF THE AGREEMENT’S PURPOSE.

The United States need not prove every person listed in the indictment was a part of the conspiracy. The United States need only prove that this defendant, Pat Marshall, was a part of a conspiracy involving at least one other person in the indictment. “Knowingly” Defined: A person acts “knowingly” if that person acts consciously and with awareness and comprehension, and not because of ignorance, mistake, or misunderstanding, or other similar reason.    “Wilfully” Defined: An act is done “wilfully” if done voluntarily and intentionally, and with the specific intent to do something which the law forbids; that is to say, the person acts with bad purpose either to disobey or to disregard the law. “Intentionally” Defined: A person acts “intentionally” when he consciously acts to engage in a particular kind of behaviour, or to cause a particular result. A person may also act intentionally where he knows that certain circumstances exist, or when he believes or hopes that they do. However, a person who acts in “Good Faith,” that is with a belief or an opinion honestly held, but which turns out to be inaccurate, incorrect, or wrong commits an honest mistake in judgment and, thus, does not act with criminal intent.  “Conspiracy” Defined: A criminal conspiracy is an agreement or mutual understanding to violate the law by some joint or common plan or course of action. It is, in a very true sense, a partnership in crime. Accordingly, a conspirator may be held responsible for offenses committed by another, if that person was a member of the conspiracy when the offense was committed, and the offense was committed in furtherance and was a foreseeable consequence of the conspiracy. It need not be formal, written, or even expressed directly in every detail. Moreover, the fact that a defendant did not know all of the details of the agreement or did not participate in each act of the agreement is not a defense to conspiracy. However, merely associating with others engaged 41

in an illegal enterprise does not make a person a conspirator. Nor is mere knowledge, approval or acquiescence in the object of an alleged conspiracy sufficient to find one guilty, absent evidence that the defendant affirmatively cooperated or agreed to cooperate in the object of the conspiracy. “Overt Act” Defined: Any transaction or event, even one which may be entirely innocent when considered alone, but which is knowingly made by a conspirator to accomplish some object of the conspiracy. “Kidnap” Defined – forcibly to hold, detain, or carry away a person against that person’s will. So, involuntariness or coercion in connection with the victim’s detention is an essential part of the offense. Once begun, a kidnapping does not end until the victim is free. “Inveigle” Defined – to lure, or entice, or lead the person astray by false representations or promises, or other deceitful means. To determine whether an inveiglement has occurred, a fact finder must ascertain whether the alleged kidnapper had the willingness and intent to use physical or psychological force to complete the kidnapping in the event that her attempt to gain a victim’s apparent but unknowing consent by deception failed. “For Ransom or Reward or Otherwise” Defined – virtually any benefit or thing which the defendant values. “Transported in Interstate or Foreign Commerce” Defined – transporting a victim from a foreign country to the United States constitutes transportation in “foreign commerce.” COUNT TWO IN ORDER TO PROVE THE DEFENDANT GUILTY OF THE CHARGE ALLEGED IN COUNT TWO OF THE INDICTMENT, THE UNITED STATES MUST PROVE THE FOLLOWING ESSENTIAL ELEMENTS: (1)

THAT THE DEFENDANT KNOWINGLY, IN OR AFFECTING INTERSTATE OR FOREIGN COMMERCE, RECRUITED, ENTICED, HARBORED, TRANSPORTED, PROVIDED, OBTAINED, OR MAINTAINED BY ANY MEANS A PERSON;

(2)

THAT THE DEFENDANT COMMITTED THAT ACT, KNOWING, OR IN RECKLESS DISREGARD OF THE FACT THAT;

(3)

FORCE, THREATS OF FORCE, FRAUD, COERCION, OR ANY COMBINATION OF SUCH MEANS, WOULD BE USED AGAINST THAT PERSON, CAUSING THE PERSON TO ENGAGE IN A COMMERCIAL SEX ACT; OR THAT THE PERSON HAD NOT ATTAINED THE AGE OF 18 YEARS AND WOULD BE CAUSED TO ENGAGE IN A COMMERCIAL SEX ACT.

“In or Affecting Interstate or Foreign Commerce” Defined: The term “interstate commerce” refers to any transaction or event that involves travel or transportation between a place in one state and a place in another state.” The term “foreign commerce” refers to any transaction or event that involves travel or transportation between a place in the United States and a place outside the United States. “Reckless Disregard” Defined: Where a defendant deliberately closes his eyes to what would otherwise have been obvious to them. “Commercial Sex Act” Defined: Any sex act, on account of which anything of value is given to or received by any person    COUNT THREE   IN ORDER TO PROVE THE DEFENDANT GUILTY OF THE CHARGE ALLEGED IN COUNT THREE OF THE INDICTMENT, THE UNITED STATES MUST PROVE THE FOLLOWING ESSENTIAL ELEMENTS: (1)

THAT THE DEFENDANT HAD CUSTORY OR CONTROL OF A MINOR;

(2)

THAT THE DEFENDANT SOLD OR OFFERED TO SELL SUCH MINOR; AND

(3)

THAT THE DEFENDANT EITHER KNEW THAT AT AS CONSEQUENCE OF THE SALE OR TRANSFER, THE MINOR WOULD BE PORTRAYED IN A VISUAL DEPICTION ENGAGING IN, OR ASSISTING ANOTHER PERSON TO ENGAGE IN, SEXUALLY EXPLICIT CONDUCT OR INTENDED TO PROMOTE SUCH CONDUCT.

“Minor” Defined: Any person under the age of eighteen. “Visual Depiction” Defined: Includes any photograph, film, video, picture, or computergenerated image or picture, whether made or produced by electronic, mechanical, or other means. “Sexually Explicit Conduct” Defined: Actual or simulated sexual intercourse, of any sort.