RE: 917 motion US v. Wacker

[Haytham Faraj <haytham@puckettfaraj.com>]

Excellent case.  This is very much on point.  Easley got out of bed,
remembered her purse, left the room and immediately got on the phone as Cook
will say.  She remembered the room number, remembered her room number, went
to the elevator, pressed the right button, went to her floor, walked to her
room, took out her key card, entered the room and was lucid when she spoke
to Barker.  She told her that Jess was having sex with Doug.  Understood
Barker's direction to go get her. Went to get her, dressed her, walked her
out, accused her of having sex, walked back down and began to console her
friend.  She then began to build a case against Wacker by returning to
supposedly speak to him and by fashioning the testimony of so called
witnesses.



-----Original Message-----
From: Christian Hur [mailto:christian.hur@gmail.com] 
Sent: Thursday, March 03, 2011 1:47 AM
To: Hur Capt Christian P
Cc: Haytham Faraj; Douglas Wacker
Subject: 917 motion US v. Wacker

Gentlemen,

Here is an interesting case that bears relevance for our upcoming 917
motion.  The facts from Collins could not support a conviction for
substantially incapacitated where the woman in question jumped out of bed
and was shortly thereafter seen playing video games.

As in Collins, in our case, there is zero evidence Liz Easley was
substantially incapacitated.   She was fine at the bar.  She said we
want to stay.  She was flirty, but not she never slurred her speech
and she never appeared drunk.   She remembered being at the daquri
stand.  She walked back to the hotel.  She remembers standing and talking in
the lobby as Doug orders the room.  She said she gave Doug a back massage in
the room before she said "I can't do this."  She was fine when she entered
the room with Becky and had been telling her boyfriend she would never cheat
on him.

Same argument with Jess Brooder:  at bar she was standing on her own 2 feet.
She was awake and talking.  Maybe she was intoxicated, but she was not
substantially incapacitated.  Then, Jess was standing and talking with Liz
in the hotel lobby.  When she entered the room with Becky she was awake,
talking, walking and wanted to call her boyfriend.

--
Christian P. Hur