Criminal Law and ProcedureUnit Six Culminating Performance Task

“Commonwealth v. Wheaton and Arroyo”

Creator: Matthew Rossettini, Esq., Social Studies TeacherLegal Studies Academy, First Colonial High School

Table of Contents:

Page 1 – Performance Task Rubric

Page 2 – GRASP task design

Page 3 – Statement of performance task rules

Page 4 – Statement of tested objectives

Page 5 – Commonwealth v. Wheaton and Arroyo (a mock trial)

Page 6 – Order of the Assignment Judge (filing requirements)

Page 7 – Indictment of the defendants

Page 8 – Subpoena ad Testidicandum for Alex Wheaton

Page 9 – Report of Detective Jack Hammond, Virginia Beach Police Department

Page 22 – Report of Shelly Petrelli, Forensics Expert

Page – 27 Report of Randy Royce, Graphologist

Page 29 – Credits

Page 30 – Unit Sixe Performance Task answer key (do not distribute to students)

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Category Above Standard Meets Standard Approaching Standard Below StandardContent –The topic is stated and explained in an organized trial brief.

(4) - There is a clear statement of topic explained in a properly formatted trial brief that includes: (a) an opening (topic) statement, (b) an explanation of the topic, and (c) an organized opinion with a statement of facts, analysis and conclusion section.

(3) – One of three requirements is missing: (a) a clear opening (topic) statement, (b) a clear explanation of the topic, or (c) a clearly organized opinion with a statement of facts, analysis and conclusion section.

(2) – Two of three requirements are missing: (a) a clear opening (topic) statement, (b) a clear explanation of the topic, or (c) a clearly organized opinion with a statement of facts, analysis and/or conclusion section.

(1) – Three of three requirements are missing: (a) a clear opening statement, (b) a clear explanation of the topic, or (c) a clearly organized opinion with a statement of facts, analysis and conclusion section

Evidence – Accurate evidence supports the content statement.

(4) – There are no inaccuracies in the judicial opinion.

(3) – One inaccuracy is in the judicial opinion.

(2) – Two inaccuracies are in the judicial opinion.

(1) – Three or more inaccuracies are in the judicial opinion.

Analysis –Understanding of the topic is seen via an analysis of Unit Six topics.

(4) – The learner is able to analyze all goals.

(3) – The learner is unable to analyze one goal, i.e.: (a) CLP.6.4, (b) CLP.6.6, (c) CLP.6.7, (d) CLP.6.8 or (e) CLP.6.9.

(2) – The learner is unable to analyze two goals, i.e.: (a) CLP.6.4, (b) CLP.6.6, (c) CLP.6.7, (d) CLP.6.8 or (e) CLP.6.9.

(1) – The learner is unable to analyze three or more goals, i.e.: (a) CLP.6.4, (b) CLP.6.6, (c) CLP.6.7, (d) CLP.6.8 or (e) CLP.6.9

Application – Application of the analysis to the ultimate outcome of the motion is demonstrated.

(4) – The learner is able to apply their analysis to the ultimate outcome of the motion.

(3) – The learner is unable to apply their analysis to one ultimate outcome, i.e.: (a) CLP.6.4, (b) CLP.6.6, (c) CLP.6.7, (d) CLP.6.8 or (e) CLP.6.9.

(2) – The learner is unable to apply their analysis to two ultimate outcomes, i.e.: (a) CLP.6.4, (b) CLP.6.6, (c) CLP.6.7, (d) CLP.6.8 or (e) CLP.6.9.

(1) – The learner is unable to apply their analysis to three or more ultimate outcomes, i.e.: (a) CLP.6.4, (b) CLP.6.6, (c) CLP.6.7, (d) CLP.6.8 or (e) CLP.6.9.

Creator: Matthew Rossettini, Esq.

Subject/Topic Areas: Criminal Law and Procedure – Unit Six (Criminal Procedure II: “Bail and Jail”)

Explanation: You will demonstrate your knowledge of the principles applicable to Criminal Procedure II through criminal pre-trial and trial practice. This rubric explains the requirements for successfully submitting your pre-trial motion, trial brief and trial performance. Both writing tasks will be graded separately. The trial will be included as part of the grade for the trial brief.

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GRASP Task DesignUnit 6 Performance Task

GOAL: You will demonstrate your understandings regarding five elements of Criminal Procedure II, i.e.: (a) CLP.6.4, (b) CLP.6.6, (c) CLP.6.7, (d) CLP.6.8 or (e) CLP.6.9.

ROLE: Commonwealth’s attorney or criminal defense attorney engaged in criminal trial practice. Certain students will also be witnesses at a criminal trial.

AUDIENCE: Circuit Court Judge of the Commonwealth of Virginia and/or a jury.

SITUATION: Sam Wheaton and Ronnie Arroyo are indicted by the Virginia Beach Commonwealth’s Attorney’s office for kidnapping Alex Wheaton. Acting either as the Assistant Commonwealth’s attorney or defense counsel, you will try this case to determine the guilt or innocence of the defendants. Your work will include filing any appropriate pre-trial motions, preparing trial briefs and conducting the trial.

PRODUCT AND PURPOSE: There are three products, all of which will be separately graded per the attached rubric:

1. Pre-trial motions and a supporting brief (drafted by each student individually),

2. A trial brief supporting your position at trial (drafted by each student individually), and

3. Your performance within a set role at trial supported by your notes, writings and research conducted prior to trial (only your performance is graded).

The purpose is to determine your knowledge and understandings regarding five elements of Criminal Procedure II, i.e.: (a) CLP.6.4, (b) CLP.6.6, (c) CLP.6.7, (d) CLP.6.8 or (e) CLP.6.9.

STANDARDS AND CRITERIA FOR SUCCESS: Please review the attached rubric for a detailed explanation of the standards and criteria for success. You should rely on the information on how to write a trial brief from Unit One of this course and how to write a motion and supporting memo from Unit Five of this class (both parties will file motions in this case).

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Statement of Performance Task Rules

Congratulations! Welcome to your final performance task for this year. This task will require you to use all of the understandings and knowledge you acquired in this class.

It is important for you to remember that this is a graded performance task. You will be graded pursuant to the enclosed rubric. You will also work as part of a group of students.1 Your groups will include:

1. Two lead attorneys who will deliver the opening and closing statements,2. Two attorneys who conduct direct/cross examination and argue a pre-trial motion, and3. Three witnesses who will testify on behalf of their respective side.

Lead attorneys are responsible for organizing trial preparation but do not do all of the work. Attorneys may keep notes on their trial table but they may not carry notes in the well of the courtroom. All witness testimony must be memorized. The witnesses in this case are:

For the Prosecution For the DefendantDetective Jackie Hammond, VBPD Sam Wheaton

Alex Wheaton Ronnie ArroyoShelly Petrelli, fingerprinting expert Randy G. Royce, handwriting expert

You will file (1) a pre-trial motion and (2) a trial brief. Teams may prepare for trial and discuss the type of motion to be filed; however, all written work must be completed by each individual team member.

The motion schedule for this trial is as follows (see the enclosed order to filing requirements):

1. All pre-trial motions must be submitted by, and 2. The trial brief must be submitted by .

You must further abide by specific timing requirements at trial. These requirements will be strictly enforced at trial. You should honor these requirements as if they were testing time limits.

1. Two minutes to argue for or against any motions filed with the court (4 minutes total),2. Four minutes for each party’s opening statements (8 minutes for all opening statements),3. Eighteen minutes for each party’s case-in-chief (36 minutes for all cases-in-chief),4. Twelve minutes for each party’s cross-examination (24 minutes for all cross-exams), and5. Four minutes for each party’s closing statements (10 minutes for all closing statements).

The total time to complete this trial is 80 minutes. You must follow these requirements as well:

1. There is no movement of time from one part of the trial to another part of the trial, and2. Groups are responsible for keeping their own time (official time keepers will be present).

1 Groups may be changed as required by the size of each respective Criminal Law and Procedure class.

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Good Luck!Statement of tested objectives

Unit Four Cumulative Performance Task

The following objectives will be graded during each of the three final performance tasks:

CLP.6.4 Explain the due process requirements prior to and during a criminal trial.

CLP.6.6 Examine issues related to the defendant’s right to counsel.

CLP.6.7 Explain the essential components of a defendant’s right to a jury trial.

CLP.6.8 Describe laws pertaining to the effective administration of justice.

CLP.6.9 Evaluate issues regarding the punishment of convicted offenders.

You will need to rely on your learning and understanding of all prior objectives to successfully complete this performance task. Some of the specific objectives you will need to rely include, but are not limited to:

CLP.1.2 Describe the elements of criminal laws.

CLP.1.3 Analyze the differences between general criminal laws and inchoate offenses.

CLP.1.4 Examine the classification of criminal laws and suspected offenders.

CLP.2.4 Examine laws prohibiting abduction and kidnapping.

CLP.5.2 Describe the roots and processes of search and seizure.

CLP.5.4 Describe the purpose and requirements of probable cause.

CLP.5.3 Describe the purpose, effects, and limits of the exclusionary rule.

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The Commonwealth of Virginia

v.

Sam Wheaton and Ronnie Arroyo

A Mock Trial created by the 2011 LSA Criminal Psychology class

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COMMONWEALTH OF VIRGINIACIRCUIT COURT

CITY OF VIRGINIA BEACH

ORDER

Filing Requirements for criminal pre-trial motions and trial briefs

NOW COMES the Virginia Beach Circuit Court, which ORDERS that all parties filing motions in criminal cases adhere to the following guidelines, to wit:

1. Motions and responses must be submitted and replied to by the deadlines set forth by the court.

2. Any motions received after a deadline will be deemed out of time; however, each party must file a motion whether or not it is out of time.

3. The following motions must be submitted prior to trial:

a. Motions to suppress evidence due to constitutional defects, andb. Motion requesting a jury or bench trial.

4. All motions must be supported by a brief and signed by the submitting attorney. Motions must include a caption and can be no longer than two pages double spaced at Times New Roman or Arial 12 point font.

5. All trial briefs must be signed by the submitting attorney. Trial briefs are required to be filed with the Court within the deadline set by the trial judge. Trial briefs must include a caption and can be no longer than five pages double spaced at Times New Roman or Arial 12 point font.

Emma M. Rossettini Emma Mae Rossettini , Assignment JudgeVirginia Beach Circuit Court

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COMMONWEALTH OF VIRGINIACIRCUIT COURT

CITY OF VIRGINIA BEACH

|Commonwealth of Virginia | Indictment for Violations of

| Code of Virginia §18.2-48 v. | (Abduction with intent to extort

| money) and §18.2-22 (conspiracySam Wheaton and Ronnie Arroyo | to commit a felony)

|| Case No: Crim-00-6273

|

THE GRAND JURY DOES HEREBY CHARGE:

1. On or about October 5th of this year, in the City of Virginia Beach, Sam Wheaton, a principal in the 1st degree, did knowing and willfully abduct Alex Wheaton, a minor, with the intent to extort money in violation of Code of Virginia §18.2-48.

2. On or about October 5th of this year, in the City of Virginia Beach, Ronnie Arroyo, a principal in the 2nd

degree, did knowing and willfully abduct Alex Wheaton, a minor, with the intent to extort money in violation of Code of Virginia §18.2-48.

3. On or about October 5th of this year, in the City of Virginia Beach, Sam Wheaton and Ronnie Arroyo did knowingly conspire, confederate or combine with each other to abduct Alex Wheaton, a minor, with the intent to extort money in violation of Code of Virginia §18.2-22.

A TRUE BILL OF INDICTMENT

Jennifer Aubrey Scanlon

Foreperson of the Grand Jury,City of Virginia Beach, Virginia

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COMMONWEALTH OF VIRGINIACIRCUIT COURT

CITY OF VIRGINIA BEACH

|

Commonwealth of Virginia ||

v. | Case No: Crim-00-6273|

Sam Wheaton and Ronnie Arroyo |||

|

SUBPOENA AD TESTIFICANDUM

TO: ALEX WHEATON. RANDY ROYCE and SHELLY PETRELLI

YOU ARE HEREBY COMMANDED to appear and testify at the Virginia Beach City Circuit Court, Room 101, 2425 Nimmo Parkway Building 10, 4th Floor, Virginia Beach, VA 23456-9017 at the time of the trial.

YOU SHALL RESPOND TO THIS SUBPOENA unless otherwise excused by the issuing party with the consent and/or independent approval of the trial court issuing said subpoena.

If you need a special accommodation please contact the Circuit Court Clerk’s Office immediately to make arrangements.

A M Rossettini Alexa McKenzie Rossettini, JudgeVirginia Beach Circuit Court

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CITY OF VIRGINIA BEACH POLICE DEPARTMENT

Police Report

Case Number: 45964569 Charges: Va. Code §18.2-47

Suspect 1: Sam Wheaton Address: 8200 Buffalo Ave, Virginia Beach, VA

Sus pect 2: Ronnie Arroyo Address: 2349 Crimson Drive Apt. 101, Chesapeake, VA

Reporting Officer: Jackie Hammond, Detective I2 Date of Report: 05 November

Narrative:

On December 5th at 7:10 pm I responded to a 911 call3 placed to dispatch regarding the kidnapping of 12 year old Alex Wheaton. (Transcript Attached as “Exhibit 1”). VBPD thereafter issued an Amber Alert at 7:15 as children 12 and under are in grave danger of being killed within the first 3 hours of being kidnapped. I arrived at the home of the Wheaton family about 10 minutes later and found Mrs. Sara Wheaton (the caller) crying in the living room. Mrs. Wheaton told me that her son Alex Wheaton had been kidnapped but she was not aware of how long. Mrs. Wheaton explained that she arrived at her residence at 7 PM, at which time she called out to her children Alex and Sam to tell them that she was home. Mrs. Wheaton told me that Sam Wheaton (the oldest child) was the only one who answered. She told me that she instinctively knew something was wrong because Alex Wheaton is usually downstairs when she arrives home from work.

Mrs. Wheaton explained that she began to panic as she checked downstairs for Alex Wheaton. Sam Wheaton quickly came downstairs and asked what was wrong. Mrs. Wheaton told him that Alex was not downstairs, and Sam Wheaton told Mrs. Wheaton that he would check upstairs for Alex. When Ms. Wheaton went upstairs to Alex’s bedroom a minute later she found a ransom note on Alex’s bed.

I went to Alex Wheaton’s room accompanied by Mrs. Wheaton and found a note sitting on the bed. The note said, “We got your little angel! We know you got that dough! You got 24 hours to give me my money! $25,000 in cash. Drop it off at the Wheaton Green Hotel. If not, I’ll kill your precious child!” (Attached as “Exhibit 2”). I put gloves on, picked up the note and placed it into a plastic bag for analysis.

I walked back downstairs and met with Sam Wheaton. I asked Sam to describe what happened. Sam stated that (s)he dropped Alex off at home after picking him up for school at 3:00 PM. Sam then went to get a sandwich from Chick-Fil-A and a Slurpee from 7 Eleven. Sam came back to the home around 4:30 PM. I asked Sam if Alex was in the residence when (s)he got home. Sam replied told me he was not sure because (s)he went into his room and fell asleep.

2 Detective Hammond has been a member of the Virginia Beach police department for 6 years. He was a decorated patrol officer before joining the detective bureau this year. This is the detective’s first kidnapping investigation. 3 Detective Hammond can testify as to the veracity of the 911 call per agreement between the Commonwealth’s Attorney and defense counsel.

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At 9:30 PM I received a call from the Chesapeake police department. Chesapeake Police pulled over an individual for a traffic violation at 8:40 PM and found a child in the car that matched the Amber Alert regarding Alex Wheaton. The driver of the car was identified as Ronnie Arroyo. I proceeded to Chesapeake headquarters and met the child, who was in fact Alex Wheaton. I requested that Chesapeake police bring Alex Wheaton to the Virginia Beach Police Department headquarters to be released into Mrs. Wheaton’s custody after I debriefed him. (Debriefing attached as “Exhibit 3”).

I then asked Chesapeake Police to run a criminal background check for Ronnie Arroyo. The result of that report indicated that Ronnie Arroyo is a well-known drug dealer with three prior arrests for assault and battery. With this information in hand, I took Ronnie Arroyo into custody read him his Miranda warnings, and brought him to the Virginia Beach Police Department headquarters for further questioning. (Attached as “Exhibit 4”).

I brought Arroyo to the Precinct. By the time I got there the Wheaton’s had already arrived and been reunited with their child. I proceeded to ask another officer on duty to book Arroyo and escort (her/him) to the interrogating room while I spoke to the Wheaton’s. I told them where Alex was found and that I needed them to stay so I could get Alex’s statement on the kidnapping. I noticed at that point that Sam seemed tense. As Arroyo was being booked I noticed an intense eye contact signaling strong nonverbal communication between Arroyo and the oldest Wheaton sibling.

I arrived at the Bran field St. at 9:50 PM. I asked the child (his/her) name. The unidentified child told me (his/her) name was Alex Wheaton. I told Officer Wilkes that this was the child from the Amber Alert and asked (him/her) to escort the child to the Virginia Beach Precinct. Officer Wilkes told me that the suspects name was Ronnie Arroyo, a well-known drug dealer. I proceeded to arrest Arroyo while reading (his/her) Miranda Rights.

I proceeded to take Sam into an interrogating room for questioning. (Attached as “Exhibit 5”). Sam came to the police station on his own and was free to leave at any time. I took Sam to room 20445, asked (him/her) if (she/he) wanted some water. Sam Wheaton’s demeanor and answers to my questions gave me a strong indication that he was involved with this case as well. I thereafter read Sam Wheaton his Miranda warnings and arrested him.

After Sam confessed to knowing and being in debt to Arroyo, I proceeded to go into room 45322to interrogate Arroyo. Arroyo was not opposed to talking. Arroyo was very charismatic yet seemed shallow, lacking emotions. (He/She) continued to lack remorse for the kidnapping of the youngest Wheaton. (He/She) told me he lacked a family when (He/She) was younger and it led (Him/her) to the streets. I got an idea of how the conversation was going to proceed from there. Arroyo began to seem very unremorseful and cocky.

On December 6th Virginia Beach Police Officers searched the home of Arroyo without a search warrant. We did the search pursuant to Arroyo’s arrest. In this search we found drafts of the ransom note, as well as a ledger in the trash can detailing Arroyo’s drug business. Sam Wheaton’s name was indicated to have the most debt out of all the clients identified. (Attached as “Exhibit 6” and ‘Exhibit 7” respectively).

Sworn as a true and accurate copy

Jackie Hammond Jackie Hammond

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Exhibit 1: 911 Transcript (audio recording available)

Dispatcher: 911, Where’s your emergency?

Mrs. Wheaton: 8200 Buffalo avenue.

Dispatcher: Okay ma’am what seems to be the problem?

Mrs. Wheaton: My son is gone! He is gone!

Dispatcher: Ma’am, I need you to calm down. What do you mean your son is gone?

Mrs. Wheaton: I…came…home and he was gone! Kidnapped!

Dispatcher: Ma’am, why do you think your son was kidnapped?

Mrs. Wheaton: My other son found a note! A ransom note!

Dispatcher: What did this note say?

Mrs. Wheaton: We have to pay twenty five thousand dollars by tomorrow!

Dispatcher: Okay ma’am, I have officers heading to your house right now.

Mrs. Wheaton: I don’t want them to come here! I WANT THEM TO FIND MY SON!

Dispatcher: Ma’am the officers are going to need as much information as they can get in order to find your son. They will need to investigate the crime scene.

Mrs. Wheaton: My son could be dead right now!

Dispatcher: Ma’am, you need to calm down. You can’t help your son if you keep panicking and I will send you an ambulance.

Mrs. Wheaton: No, no that won’t be necessary.

Dispatcher: Okay ma’am. The officers are en route to your house right now. If anything else comes up, just call 911 right back.

Mrs. Wheaton: Thank you for your help.

Dispatcher: You’re welcome ma’am. Good luck.

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Exhibit 2: Unsigned Ransom Note

We got your little angel!

We know you got that dough!

You got 24 hours to give me my money!

$25,000 in cash.

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Drop it off at the Wheaton Green Hotel. If not, I’ll kill your precious child!”

Exhibit 3: Statement of Alex Wheaton

1. My name is Alex Wheaton and I live with my parents at 8200 Buffalo Avenue in Virginia Beach.

2. October 5 started off like any other day. My dad was already gone when I woke up and Mom was just getting

3. ready to leave. Big surprise. I barely ever see them these days. I went and waited for my bus to pick me up and

4. then went on to school. The rest of the day was pretty normal until right after school. I. got called down to the front

5. office because Sam was there to pick me up. It was strange because Sam doesn’t usually pick me up from

6. school, but Sam said Mom was working. Sam was acting weird the entire ride home, and seemed distracted.

7. When we got back to the house, Sam went upstairs for a few minutes then came down stairs. Sam left, saying he

8. would be back soon. Because Sam was so distracted, Sam didn’t even lock the door. I went to the kitchen to

9. make myself a sandwich and then sat on the couch to watch T.V. while I was eating. I heard the doorbell ring so I

10. went to go see who it was. It was one of Sam’s friends (I think his name is Ronnie) whom I’ve only met once or

11. twice. Ronnie said that Sam had called and told him to take me to Ronnie’s house and wait there for Sam to come

12. get me. I figured my parents were gonna be working late (again) and Sam was gonna watch me while Sam hung

13. out with friends. I can’t remember whether I locked the front door after we left….When we got to Ronnie’s house I

14. waited there like Ronnie said. We played video games for awhile and then I fell asleep. By the time I woke up it

15. was really late, it was close to 10 at night. Sam wasn’t at Ronnie’s. Whether Sam came there while I was

16. sleeping, I’m not sure. Ronnie decided to take me home at that point. I guess we were in a hurry because Ronnie

17. was driving pretty fast; so fast that we got pulled over for speeding. I was sitting in the back of the car and could

18. see the police officer approach Ronnie’s window. As the police officer walked up to the car the officer flashed a

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19. flashlight into the car; I’ve seen those cop shows, so I assumed he was checking for weapons. The entire time

20. the cop was talking to Ronnie, the cop kept glancing back at me; it was really sketching me out. The cop went

21. back to the cop car for a while until the officer came back. The officer had some paper this time and shined the

22. light into the back where I sat again. The officer looked at the paper and looked back at me a couple of times

23. before talking to Ronnie again. The officer told Ronnie to get out of the car and I heard him say that Ronnie was

24. under arrest. The cop put those cuffs you see on cop shows on Ronnie and put Ronnie in the back seat of the

25. car. The cop came back and started asking me questions like what’s my name and stuff like that. I replied that my

26. name was Alex Wheaton and the officer introduced him/herself as Officer Wilkes. I ended up going back to the

27. police station with Officer Wilkes and found my mom and dad waiting for me.

I hereby swear that all that is stated in my sworn affidavit is true

Alex WheatonAlex Wheaton

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Exhibit 4: Transcript of Ronnie Arroyo Interrogation

1. Hammond: Please state your name, address, and occupation for the record?

2. Arroyo: Well, officer, I’m sure you know my name by now. My name. It’s Ronnie. I live at 2349 Crimson Drive,

3. apartment 101, and I am currently unemployed.

4. Hammond: Now your level of education?

5. Arroyo: I ran over a prostitute, got into some trouble, and dropped out my senior year.

6. Hammond: Do you think that this is a joke Ronnie? You’re in a lot of trouble here.

7. Arroyo: Yeah, I think that this is a joke. But whatever. What else do you need to know?

8. Hammond: Family history, abuse, neglect, anything?

9. Arroyo: My family is all hypochondriacs. They have always put getting unnecessary medication before me.

10. Hammond: Ronnie you have a long line of past offenses, truancy, drug offenses, runaways…

11. Arroyo: What’s wrong with having a little fun? We had no money and I needed a way to make money.

12. Hammond: Because your parents sold drugs?

13. Arroyo: Yep. That’s not a big secret of anything around here.

14. Hammond: Do you know Sam Wheaton?

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15. Arroyo: I know him from school, well the time I was there. He seemed like an okay kid, till Sam let in what he

16. wanted. Sam wanted to try drugs and I had the supply and I wanted money. So I guess we became drug buddies.

17. Hammond: What did you give Sam?

18. Arroyo: mostly marijuana but he never denied the hard stuff

19. Hammond: do you know Sam’s family?

20. Arroyo: I’ve meet them a couple time, Sam’s younger sibling Is alright, not really a kid person. I didn’t see the

21. parents to much, I couldn’t stand them gloating of their perfect little Alex.

22. Hammond: so Alex was in your car when you were pulled over for speeding?

23. Arroyo: yeah, Sam wanted him out of the house, asked me for help. I was happy to oblige.

24. Hammond: Sam told you to get the brother out of the house?

25. Arroyo: Listen to what I’ve been telling, do you honestly think I’m gonna lie to you?

26. Hammond: I thought you said you were not a kid person?

27. Arroyo: I’m not. Ronnie paid me to take the kid off of his hands. He then told me that he would get the kid

28. from my house later. The kid slept most of the time.

29. Hammond: How much did you get paid to babysit Ronnie?

30. Arroyo: I don’t remember. I think it was something like fifty or seventy bucks.

31. Hammond: You got paid seventy dollars to babysit Ronnie? You didn’t get paid anything!

32. Arroyo: I got paid man!

33. Hammond: I bet that you did. I’m going to be blunt. Did you kidnap Alex for some personal gain?

34. Arroyo: Yeah that’s what I did. Come on man! I told you. Sam asked me to get Alex out of the house for a while,

35. to go chill at my place. So we did. When I brought him home I was pulled over and the officer freaks out cause

36. Alex was considered kidnapped. I was like what was going on? I was asked. I knew the kid.

37. Hammond: But Ronnie, you got a problem. When we pulled you over you were nowhere near Virginia Beach.

38. You weren’t even heading towards Virginia Beach.

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39. Arroyo: So what? What are you trying to get at man?

40. Hammond: Come on Ronnie. We all know why you did this. How much does Sam owe you at this point?

41. Arroyo: What does that matter? You’re really trying to pin a kidnapping charge on me man?

42. Hammond: Well come on, that’s what you and Sam did, Isn’t it?

43. Arroyo: This is ridiculous! You guys have been trying to bust me for years! I’m done! Get me a lawyer.

44. Hammond: No problem Ronnie. You’re definitely going to need one.

Sworn as a true and accurate copy

Jackie Hammond Jackie Hammond

Exhibit 5: Voluntary Interview of Sam Wheaton:

1. Hammond: I appreciate your cooperation in coming down to speak with us. You are not under arrest

2. and are free to leave at any time. You do not have to answer any questions you don’t wish to. Do you

3. understand?

4. Wheaton: Yes I do.

5. Hammond: And do you understand that you are free to leave at any time?

6. Wheaton: Yes.

7. Hammond: Alright. And for the record can you please state your name, age, current occupation, and residence

8. for the record, please.

9. Wheaton: My name’s Sam Wheaton. I’m 18 now, which means I’m a legal adult. It might seem bad, but I don’t

10. have a job right now, but for real I don’t need one. Truth is I live with my parents at 8200 Buffalo Avenue in

11. Virginia Beach, anyways.

12. Hammond: Why don’t you need a job?

13. Wheaton: My parents are loaded. My mom’s a real estate agent, and my dad’s the CEO of a chain of hotels, so

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14. we definitely got money. I don’t see a reason why I need a job if my parents are making that much so I’m

15. planning on staying unemployed until they cut me off completely. I mean, it’s the least my family can do to give

16. me some cash.

17. Hammond: What do you mean it’s the least that your parents can do?

18. Wheaton: Because, honestly, I do a lot more for them than they do for me.

19. Hammond: Would you care to elaborate? What do you do for your parents, exactly?

20. Wheaton: Man, I take care of my little sibling more than they do. They’re always gone and out on business trips

21. or whatever. They’re never home. Like the afternoon my little sibling was kidnapped, I was the one who picked

22. Alex up from school. S/he gets out at like 3:00, so I guess it was about 3:15 when I dropped him/her off at the

23. house. I pulled up, went in and grabbed my wallet from my room, and told Alex I’d be back. I don’t really

24. remember if I locked the door or not, but hey, s/he’s old enough to run his/her mouth to me, then s/he’s old

25. enough to lock a door, right? I’m not a babysitter.

26. Hammond: So you left your twelve year old sibling at home, alone? When? Why?

27. Wheaton: What? It’s not like it’s illegal to leave him there. But I guess I left the house around 3:30, ‘cause I

28. wanted to get something to eat.

29. Hammond: So where did you go and how long were you gone?

30. Wheaton: I got some Chick-Fil-A and then I got myself a Slurpee. I was probably gone for like an hour, tops.

31. Hammond: And then what did you do?

32. Wheaton: I went home and went straight up to my room and chilled. I guess I fell asleep ‘cause my parents

33. woke me up when they got home. I came downstairs and they were like, “Where’s your brother?” So I checked

34. upstairs and found the note. Next thing I knew, there were police all over my house.

35. Hammond: So you didn’t notice that your sibling was not there when you got home?

36. Wheaton: Nope. Alex isn’t my responsibility. I figured he was out playing or something.

37. Hammond: So you are the one who found the note? Where did you find it?

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38. Wheaton: On Alex’s bed.

39. Hammond: Do you know Ronnie Arroyo?

40. Wheaton: Yeah, I know him from high school. Why do you ask?

41. Officer Hammond: Mr. Arroyo is a known drug dealer. Have you ever purchased any drugs from him?

42. Sam Wheaton: Yeah, yeah I’m really sorry about that. I know that I’m in big trouble for that.

43. Hammond: How much have you bought from him?

44. Sam Wheaton: Just a little back in high school.

45. Hammond: Just a little? Are you in debt to him for drugs old to you?

46. Hammond: Do you owe him any?

47. Wheaton: I might owe him a little. Why are you asking me about this?

48. Hammond: Well Sam, if you owed Ronnie money, how were you going to pay him back?

49. Wheaton: What do you mean? I thought this was about my little brother getting kidnapped.

50. Hammond: It is Sam, isn’t it?

51. Wheaton: Are … Are you trying to say … that I’m involved in this?

52. Hammond: I don’t know Sam … are you involved in this?

53. Wheaton: Can I leave now Officer?

54. Hammond: No Sam, I think we’re going to need to keep you here for awhile (at which point Miranda warnings

were read and the suspect requested counsel).

Sworn as a true and accurate copy

Jackie Hammond Jackie Hammond

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Exhibit 6: Ronnie’s Ledger

Name Product Amount Owed in $

Aaron Ice 300Ankrom 007’s 526Bennet Boomers 200Berman Angel dust 300Brown Caps 1100Cook Cat killer 800

Crandall Cloud Nines 751Cowen Circles 100Drum Doses 450

Drescher Aderol 780Danielson E-bombs 650Dahmer Elephants 390Ellison Gum 420Everett Four-Leaf clovers 2200Earhart Golden Eagle 560Erving Goop 670Frank Scary Rabbit 150

Francis Ivory wave 1000Fromm Pikachu 200Gampel Peace 280Grimm Party Pack 2000Hart Xanax 250

Holmes Xanax 250Hines Peace 450

Holman Coke 650Hopper E 765Hoake Pink Panthers 320James Playboy Bunnies 410

Johnson Cloud Nines 521

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Jacobs Caps 460Jacobson Soaps 530Jackson Stacks 540

Long Stars 300Leak Blue 120Mann Soaps 400

Munson Ice 200Manson Xanax 130

Moss Coke 400Napp Soaps 230

O’Flattery Oxy 100O’Donahue Ice 300Robertson Party Pack 50Wheaton Xanax 5000

Wylde Xanax 150Zachary Xanax 180

Exhibit 7: Draft Ransom Note

We got Alex!We got your little angel!

We know you got that dough!

You got 48 24 hours to give me my money!

$100,000in cash$25,000 in cash.

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Drop it off at the Wheaton Green Hotel. If not, I’ll kill your precious child!”

WUWeigl University

School of Forensic StudiesSalem, Virginia

To: Detective Jackie Hammond, Virginia Beach Police DepartmentRe: Fingerprint Analysis of Ransom Note, case 45964569

Thank you for contacting me. My name is Shelly Petrelli. I am a faculty member of the School of Forensic Studies at Weigl University. A copy of my Curriculum Vitale is attached to this report.

As requested I conducted a fingerprint analysis of a document set forth as “Exhibit 2” in the police report 45964569 labeled “Unsigned Ransom Note.” This request was made due to the similarities between two sets of fingerprints retrieved from the note. I can certify that the above-mentioned document and remained in the chain of custody at all times. A copy of retrieved fingerprints is attached to this report.

I dusted and lifted the prints off of the subject document. I determined that there were 2 sets of prints on the document. One set of fingerprints consisted of a partial right thumb print and a damaged unidentifiable other digit. The other set of fingerprints consisted of a partial left and right palm print, a right and left thumb print, a right and left index print, a right and left middle print, a right and left ring print, and a right and left pinky print.

I ran both sets of fingerprints through IAFIS, the integrated automated fingerprint identification system used by the FBI, and found 2 possible matches for the partial right thumb print, and no matches for the other set of prints. The 2 possible matches for the partial print belonged to Sam Wheaton and Alex Wheaton, both of whom were fingerprinted as part of an early childhood safety initiative. After manually reviewing the prints, I found

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that they belonged to Sam Alex Wheaton as they have 11 matching points in line with Sam Wheaton’s thumb print. An acceptable number of matching points for a court is 10 points, and a very-likely match starts at 15. Because the print was only partial, I was not able to determine anything more than 11 matching features.

I determined that the thumb print only met 10 points in line in Alex Wheaton’s thumb print. I ruled out this set of fingerprinting as there is evidence of fingerprint similarities within family members (see the attached article).

An additional set of fingerprints was further found on the document. Detective Hammond advised me that there was a likely candidate for the other set of fingerprints. The detective explained that Katie Wheaton, Sam and Alex Wheaton’s mother, found the ransom note and picked it up bare handed. Sure enough when I took her fingerprints and compared them to those on the ransom note, they were a perfect match with no discrepancies. These prints were similar to the prints of Sam and Alex Wheaton as well.

Sworn as a true and accurate copy

Shelly Petrelli Shelly Petrelli

CURRICULUM VITAEShelly Petrelli

Virginia Beach, VAEducationB.S. Criminal Justice AdministrationMarymount UniversityArlington County, Virginia

Graduate, FBI National Academy Quantico, VirginiaSession 203December, 2000

Fingerprint TrainingFBI Basic Fingerprint Course - 40 hours- April, 1982FBI Advanced Latent Print Techniques – 40 Hours – April, 1982FBI Academy – Advanced Administrative Latent Fingerprint Course – 120 Hours – November, 1983MD Forensic Lab – Crime Scene Technician Certification Course – 80 Hours December, 1984FBI Academy – Identification Photography –80 Hours – March, 19871982-Present – Regular refresher training, professional training, new techniques, updated courses in fingerprint techniques and identification issues through the Virginia Division of the International Association of Fingers and Finger Related Studies.

Fingerprint Related ExperienceFingerprint examiner 1982-presentProfessor, Weigl University School of Forensic Studies, 2000-present Qualified to present and provide expert testimony on fingerprint identification in courts in Virginia and Maryland

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Manager, fingerprint section of the Bethesda, MD Police Department 1982-1987Developed and managed the crime lab and crime scene investigation staff in Virginia Beach, VA 1988-2000February 2005 Presenter at the Bureau of Justice Assistance Crime Lab improvement program conference on the development of an improved fingerprinting technique and the effect of quarks on finger oils.Certified by the International Association for Identification as a Senior Crime Scene Analyst with a discipline in Fingerprint Identification.

Professional Experience Related to Fingerprints1974-1977 Patrol Officer – Bethesda, MD Police Department1977-1982 Detective, Crime Scene Specialist, and fingerprint examiner – Bethesda, MD Police Department1982-Present – Instructor – Crime Scene and Fingerprints – Various institutions since 1982 –VA. Police Academy; VA Police Academy; and Weigl University.

Professional AffiliationsMember, International Association for IdentificationMember, International Association of Fingers and Finger Related Studies

Exhibit: Sam Wheaton’s Fingerprints

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Exhibit: Katie Wheaton’s Fingerprints

MAY 1975 IDENTIFICATION NEWS PAGE 7 and 8

A Family Fingerprint Project

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By JAMES S. McCANNThe author is a Senior Identification Analyst with the New York State Division of Criminal justice

Services, Albany, N. Y., and a member of the Subcommittee of Fingerprints of the I. A. I. Science andPractice Committee. His father, Paul D. McCann is a Past President of I. A. I.

There seemed to be several good reasons for embarking on a project to take the fingerprints of the 24 members of our family. Primarily, the prints would provide a positive means of identification should the need ever arise in the future. Secondly, an analysis of the pattern distribution might just possibly reveal some inherited trends. Thirdly, some interesting or unusual patterns might turn up. And finally, an article about such a project might well prompt several other members to undertake similar projects, and follow-up articles for publication in IDENTIFICATION NEWS conceivable might result.

For purposes of clarification, and in all due modesty, I hasten to explain that the 24 family members involved in the project do not represent my wife and myself and our 22 children! On the contrary, the group is made up of my parents, their four sons and three daughters, and their 15 grandchildren. The spouses of the married children were not included in the project, with one exception that will be explained later in this article.

The spouses of the married children were not included in the project, with one exception that will be explained later in this article. Hopefully, in the years ahead, all of the spouses and additional grandchildren and great grandchildren will be fingerprinted in order that a complete and continuing “family chart” will be recorded.

Pattern Designations and Symbols:

Many readers may not be fully aware of the various fingerprint pattern types, so a brief word of explanation seems appropriate at this point. Generally speaking, the patterns that randomly appear on the outer joint of the fingers are referred to as Ulnar loops, Radial loops, Whorls, Arches and Tented Arches. For purposes of this article, the symbols U, R, W, A and T will be used to designate these patterns.

Perhaps one additional statement should be made for those readers who are not fingerprint oriented. Statistics compiled during the past 50 years or more by various researchers show that approximately 65% of all fingerprints are Loops (Ulnar or Radial), about 30% are Whorls, and the remaining 5?40 are composed of Arches and Tented Arches. Any type of pattern (i.e., U, R, W, A or T) may appear on any one of the fingers.

The pattern distribution on a person’s right hand may be the same as on the left hand, or it may be completely different. All of this, of course, is well known to fingerprint technicians who, in their daily task of classifying and searching, come across just about every combination of patterns . . . although, I guess, it is still true that no one has yet run across a set of prints in which all 10 patterns are Radial Loops.

Project Results:

Using the symbols referred to earlier, Figure 1 represents the pattern distribution of the 24 members of the family. In each case, the 10-section box containing the symbols shows the right hand across the top row, from thumb to little finger, and the left hand across the bottom row from thumb to little finger. The two boxes at the top of Figure 1 represent my parents; the seven boxes running horizontally below them represent their seven children (including myself) in order of birth from left to right, and the vertical rows of boxes represent the grandchildren in order of birth in each instance.

O. K., now, you fingerprint technicians, do you see in Figure 1 any indication of inherited trends as regards general pattern distribution? How about any rather unusual combinations of pattern types? Well, more about that later. In case you are wondering whether the family is statistically normal, the distribution shows that there are 122 (or 5170) Ulnar Loops, 5 (or 2%) Radial Loops, for a total of 53% Loops, 101 (or 42%) Whorls, 10 (or 4%) Arches, and 2 (or 1%) Tented Arches. In other words, when compared against the statistics compiled by the researchers, we are short on Loops, heavy on Whorls, and just about average on Arches and Tented Arches. There certainly seems to be nothing particularly unique as

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regards the pattern distribution of my parents when compared to their seven children. However, we did notice that Annette, the oldest of the seven, has patterns which are patterns of both parents.

Conversely, David and Mary Beth, who are next in succession, have Arch patterns. The next three in succession (myself, Therese and Kevin) all have theW R combination in the right thumb and index, and Dennis has the same W R combination, but in his left hand. Whether these factors give any hint of inherited trends is something that could undoubtedly provide the basis of a lengthy debate, and I will leave the decision to the researchers.

Interesting Patterns:

Half of the fun of such a project for a fingerprint technician is to see whether there are any interesting patterns in the family. We noticed a couple in looking over the results of our work. For example, the two patterns shown in Figure 2 are the thumb prints of my brother, Dennis. They are Whorl type patterns, and to the technician would be more accurately defined as Central Pocket Loops, which are quite common in fingerprint work.

The prints are somewhat unusual in this case, however, because the pattern in his right thumb had the ridge flow that would normally appear in the left hand, and the pattern in his left thumb has the features of a right hand print. According to brother Kevin, “he either has his arms on backwards, or else the arms are O.K. but his body is facing in the wrong direction”. Well, maybe there is some truth to what he says, because Dennis also has a “wrong way” Nutant loop in his left index finger, as shown in Figure 3.

About the only other pattern that was slightly off the beaten path was the left index of my brother David, shown in Figure 4. Technically, it is a Whorl type pattern of the lateral pocket sub-group, and for single print classification purposes would require a reference as an Accidental.

Mirror Prints:

If you will refer to Figure 1 again, you will notice that Annette and her four sons all have Whorl patterns in their index fingers in both hands. The term “mirror prints” is used by researchers in such cases, to indicate that a particular finger in one hand has the same pattern type as the corresponding finger of the other hand. Such “mirroring” is not at all uncommon when applied on a finger to finger basis, and statistical probabilities of such occurrences have been well documented over the years.

When the entire pattern distribution in the right hand conforms to the entire pattern distributions in the left hand, it is referred to as “whole hand mirroring”. Some combinations are quite common as, for example, the U type patterns in all 10 fingers. As fingerprint technicians know, there are several other combinations that also appear with some degree of regularity in the daily intake of fingerprint cards in a large identification bureau. Figure 1 shows that “whole hand mirroring” occurs in several instances within our family, including the prints of my mother, my sister Annette, my own two children, my nephew Kevin, and all four children of my brother David.

We felt that this might be quite an unusual coincidence. As you can see, David’s prints have no such interesting mirroring trend, so we thought it would be interesting to check the prints of his wife, Nancy. Sure enough, analysis of her patterns showed that she indeed has the same type of mirroring that is true of the four children. Figure 5 shows this interesting situation quite clearly.

Randy RoyceA certified Handwriting Expert and Graphologist

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33 Gordon PlaceGlen Rock, New Jersey 07452

January 1st

To: Defense counsel for Alex Wheaton and Ronnie ArroyoRe: Handwriting analysis of ransom note

Greetings Detective Hammond:

Thank you for your request for consultation regarding the “ransom note” in your case. I have over thirty years of experience as a certified handwriting analyst. I am also Board Certified / Court Qualified in many State and Federal Courts including courts in Virginia. My experience includes over 500 court appearances in 10 states.

Some people believe handwriting can reveal a person’s personality. I don’t know what I think about that, but handwriting can definitely reveal the person’s emotions at the time of writing. This can be done through the proven science of Graphology. Handwriting analysis can also be used to find a match between two samples.

I reviewed the exact facsimile of the “Unsigned Ransom Note” you provided me.4 I confirm that the facsimile you sent to me (see attached) is identical to the original note. To complete my analysis I obtained written examples of Sam and Alex Wheaton’s handwriting (both individuals wrote their names and vowels).

I can identify with reasonable certainty that the handwriting on the ransom note is not that of Sam Wheaton. I came to this conclusion by analyzing several elements of Sam’s handwriting. Sam’s handwriting consists of a right slant. The size of Sam’s slant was about a 9mm per zone which is a relatively large sized handwriting style. The note showed wide spacing between words middle angled letters and nearly identical uses of letter formations. All of these were matched from the ransom note to the sample from Sam Wheaton. But, while the style on the document is nearly identical to Sam’s handwriting, the document handwriting is smaller. The pressure of the handwriting was light as well.

The handwriting instead appears to be that of a younger person. I cannot confirm that the handwriting is that of Alex Wheaton; however, the writing is consistent with youth. This concept, while not conclusive, is supported by handwriting experts (see the attached document for further information).

In conclusion I am reasonably certain that the handwriting on the ransom note is indeed that of Sam Wheaton. While no forensic science is 100% perfect, my determination is conclusive.

Please contact me if you have any additional concerns or questions regarding this case.

Sworn as a true and accurate copy

Randy Royce R Royce

CURRICULUM VITAE – Handwriting Expert

Randy G. Royce4 All parties agree to the authenticity of the exact simile sent to Dr. Royce for examination.

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Glen Rock, New Jersey

Education:

-Degree in Graphology from Felician College - 1980

- BS in Criminal Justice from University of Virginia - 1977

- Trained with FBI and US Army durig the course of my career.

Experience:

- Examination of handwriting, signatures, and mechanical impressions. - Detection of alterations to documents. - Thirty years experience.- Board Certified / Court Qualified in State and Federal Courts.- Over 500 court appearances in 10 states.

Sample Ransom Note

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We got your little angel! [Consistent wide slant]

We know you got that dough!

[Consistent size differential]

You got 24 hours to give me my money!

$25,000 in cash.

Drop it off at the Wheaton Green Hotel. If not, I’ll kill your precious child!”

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Sam’s Writing

Sam Wheaton AEIOU

Alex’s Writing

Alex WheatonAEIOU

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Roy Fenoff       Forensic Document ExaminerHTTP://WWW.HANDWRITINGDOCUMENTEXAMINER.COM/

HANDWRITING_SCIENCE.HTML

HANDWRITING SCIENCEHandwriting is a complex learned motor behavior that generally develops in three stages:1. Formative Stage During this stage, handwriting development begins, letter designs are being developed and writing skills are being mastered.2. Impressionable Stage:During the second stage, writing skills are mastered, but the writing characteristics are still being developed. During this stage it is common for the writer to be influenced by some other source such as a parent or role model. The writer will try and imitate someone else’s writing and as a result, the changes that occur may be quite pronounced in form depending on the source of the influence responsible for the change.3. Mature Stage: This is the stage in which graphic maturity is finally reached and the writing has become habitual in execution. The unique individual writing characteristics are present and will remain relatively constant throughout much of the writer’s life.Because handwriting is habit-formed, once graphic maturity is reached a person’s writing becomes relatively stable and individual characteristics, unique to the writer, become important identifying features. It is the individual writing features that forensic document examiners rely on when identifying the author of a sample of questioned writing.The following is a partial list of the principles that underlie writing identification:1. No two people write exactly alike.2. Each person has unique handwriting features which distinguish his or her writing from every other writer.3. Because people are not machines, their handwriting has some degree of variation which prevents them from writing the exact same way twice.4. No person can reproduce all of the unique writing habits of another individual in an extended writing sample.

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5. A person’s handwriting can be influenced by numerous intrinsic and extrinsic factors such as age, health, injury, mental states, medications, drugs and alcohol, writing instrument used, writing surface, and environmental factors.

Credits:

The trial packet portion of this performance task is based on the answer to a final performance task assigned to students in the 2011 Introduction to Criminology and Criminal Psychology class at the Legal Studies Academy, First Colonial High School, in Virginia Beach, Virginia. The goal of that performance task was to create authentic evidence, witnesses and situations which reflect understandings learned in class.

The original trial packet was thereafter significantly edited and formatted to be used as the final performance task in the LSA Criminal Law and Procedure class. The result is an authentic criminal trial that tests multiple objectives and understandings found within Unit Six of the Criminal Law and Procedure class.

The following students from the Criminology and Criminal Psychology class are acknowledged for their excellent work in creating the original trial portion of this performance task:

Project manager: Aaron BabbIndictment: Frances DoughtyPolice Report: Keyana BealeExhibits: William Ryan Keep, Reggie Willie, and Leah DickersonRonnie’s Ledger: Zak HinesAlex Wheaton’s testimony: Dani Mullis, Rachel Smith, and Louisse BermudoSam Wheaton’s testimony: Frances Doughty, Dani St. George, and Tori Davis-GillisRonnie Arroyo’s testimony: Matthew Rossettini, Esq. and Jami MuseRandy Royce testimony: Anthony Christopher Caputo and Leah DickersonShelly Petrelli’s testimony, Jeremy Hall 911 Call and Transcript: Sherry Constantine and Dani St. George

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