WRITING AND LEGAL ADVOCACY
SUMMER 2013
TRIAL COURT MEMORANDUM ASSIGNMENT
The assignment this semester is based upon a real case. Accordingly, names of
people involved and all other identifying information have been changed. Alan Logan
was charged with first-degree murder based on an incident that resulted in the death of
Mark Rodriguez on May 5, 2011. Alan was sixteen (16) years old at the time of the
incident and was placed in secure detention at the Department of Youth Services (DYS)
Detention Center in Plymouth. On his 17th birthday, he was transferred to the Plymouth
House of Correction which is an adult facility. Alan was tried in Middlesex County
Superior Court for the stabbing death of Mark Rodriguez. The jury concluded that Alan
was guilty of first-degree murder. Alan’s attorney then filed a motion to reduce the
verdict pursuant to Massachusetts Rule of Criminal Procedure 25(b) (2). For this
assignment, half of the class will represent Alan Logan and the other half will represent
the Commonwealth. Each party is required to write a memorandum of law in support of
or in opposition to the motion to reduce the verdict. For this assignment, assume that the
jury heard the following evidence:
Alan Logan, who lived in Lowell, Massachusetts, was sixteen (16) years old when
he was indicted for the fatal stabbing of Mark Rodriguez. Alan, the youngest of fourteen
(14) children, spent his childhood with a mother who continually struggled with drug
addiction. He mostly lived with his father and dropped out of school in the 10th grade.
By the time of the May 5, 2011 incident, Alan was living without any parental or
extended family support. As a result, he lived in various places with “acquaintances.”
On April 25, 2011, the Department of Children and Families (previously this
agency was called DSS, the Department of Social Services; this document will refer to it
as DCF) assumed legal custody of Alan. The relevant court documents reveal that Alan
had defaulted on a Child in Need of Services (CHINS, now called CRA, Children
Requiring Assistance) case. Alan, however, had no criminal record prior to his arrest by
Lowell police.
On the night of the Rodriguez murder, Alan stole his father’s car and ran away.
He felt abandoned and alone at the age of 16. He took refuge in an apartment where
other run-away youths and possible gang members gathered. After the Rodriguez
stabbing, the Lowell Police obtained statements from witnesses who described Alan as
“homeless.”
On May 5, 2011, the Lowell Police responded to a call from a Broadway Street
apartment for a reported stabbing. The initial interviews led police to believe that Alan
Logan was their suspect. Subsequent interviews with witnesses at the police station
confirmed the detectives’ beliefs that Alan stabbed Mark Rodriguez. Police received
information concerning where Alan might be found and took him into custody the
following morning.
While at the police station, Alan appeared to be willing to speak with the
detectives. Thus, the Lowell Police called Alan’s home in order to have an “interested
adult” present when Alan spoke with them. The police spoke with Alan’s sister, Maria,
on the phone. Shortly after, Maria and Alan’s father, Arthur, arrived at the police station.
2
Initially, Maria and Arthur were brought into an interview room. Rather than asking to
see his son, Arthur asked the Lowell detectives, “Where is my car and when can I get it
back?” The detectives informed Arthur that they wished to talk with his son about the
murder of Mark Rodriguez. Arthur Logan made inquiries concerning his vehicle several
times during the interview of his son. Other than an initial comment to Alan when the
interview started, this was the only thing that Arthur spoke about throughout the
interview.
Arthur spoke broken English; the police, however, were content to have Alan’s
sister Maria translate for Arthur regarding the seriousness of the situation and what was
taking place during the interview. Alan refused to provide the police with the identities
of other people who were present at the time of the stabbing. His refusal was not an
indication that he was either unaware of or protecting his constitutional rights. Rather,
Alan simply understood that he would face a threat of serious bodily harm if he divulged
the identity of anyone present at the Broadway Street apartment to the police. As noted
above, Arthur was more concerned with the return of his vehicle than he was with the
fact that Alan was being charged with murder. Furthermore, Maria suffered from mental
health issues, including anxiety and paranoia and had recently been hospitalized.
Defense counsel moved to dismiss the statements that Alan made to the police.
The court found that Alan had no prior experience with Miranda warnings, was extremely
distraught with the situation, had been awake all night, and did not voluntarily consent to
the interview. The court also found that neither Arthur nor Maria acted as an “interested
adult” for purposes of the interview. Thus, the court allowed the motion to suppress.
3
There was overwhelming evidence against Alan, however, from several teens that
had witnessed the fatal stabbing. The eyewitnesses, four of whom testified at trial,
provided the following description of the events of the evening of May 5, 2011:
Alan Logan and Mark Rodriguez were hanging out with friends and began to
argue about Mark’s cousin having been beaten by a person possibly known to Alan.
After the two exchanged words, Mark left the apartment. A short time later, Alan left the
apartment and discovered that the windows to his father’s car had been shattered. Alan
then drove to Nick Alden’s house and asked his friend to return with him to the
Broadway Street apartment to “watch his back.” Although Alden refused to accompany
him, Alan returned to the apartment.
According to eyewitnesses, when Alan returned to the apartment, he and Mark
exchanged words. Witnesses maintain that Mark apologized to Alan and asked whether
they were “cool.” Alan then sat down on the bed, picked up a knife that was on the
mattress, and began to play with it, twirling it around in his hands. Meanwhile, Mark was
speaking with other individuals in the kitchen. By all accounts, the argument was over,
no threats were made and only a moment or two had passed since Mark had apologized to
Alan. Alan suddenly jumped from the bed and lunged at Mark, plunging the eight-inch
knife into Mark’s chest. The knife caused a five-inch wound which pierced Mark’s liver,
vena cava and the lumbar vertebrae. After Alan plunged the knife into Mark’s chest, he
proceeded to punch him about the head with his free hand. In response to this sudden
attack, the other people in the room attempted to get Alan off of Mark. Joshua Stuller
was able to place Alan in a chokehold and “choke [d] him out” to subdue Alan and stop
4
the attack. After Alan fell to the floor, he quickly recovered and ran from the apartment.
Stuller then began to administer CPR to Mark.
According to Alan, Mark had been brandishing a BB gun; Alan felt threatened
and thought that the gun may have been real. At trial, the District Attorney (DA),
however, described the attack as unprovoked and, based on its verdict, the jury appeared
to agree. After the jury found Alan guilty of murder in the first degree, the Superior
Court judge scheduled a sentencing hearing to determine if Alan should get life without
parole.
Alan Logan’s counsel has filed a motion to reduce the verdict pursuant to
Massachusetts Rule of Criminal Procedure 25(b) (2). In support of the motion, counsel
included the Psychological Evaluation performed on Alan and various medical reports
concerning adolescent brain development. These published reports contain discussions
regarding brain development in juveniles and its effect on a juvenile’s maturity level and
criminal culpability. In its consideration of this motion, the court will decide “whether a
reduction in the level of culpability is more consonant with justice.” Commonwealth v.
Woodward, 427 Mass. 659 (1998).
Defense counsel argues that there are several factors which support the motion to
reduce the verdict. Those factors include, but are not limited to the following: Alan
Logan was 16 years old at the time of the stabbing and claims that he spontaneously
responded to what he perceived as a threat. He had no prior criminal record. Alan had
dropped out of school and was therefore academically deficient. His mother was not
involved in his life, having been incarcerated since Alan was 10 years old. She had a
long history of drug abuse and had used drugs while she was pregnant with Alan. In
5
addition, Alan’s mother had caused the death of Alan’s sibling. Arthur Logan, who was
74 years old at the time of the incident, suffered from several serious medical conditions.
As a result, Alan’s family history was “utterly dysfunctional.”
At the time of the incident, Alan was a runaway. Dr. Beatrice Keller performed
the Psychological Evaluation and testified at Alan’s trial. In the written evaluation, Dr.
Keller discusses the significant volume of research which shows that the adolescent brain
is still developing and, thus, an adolescent lacks the capacity of adults for “reasoning,
judgment or impulse control.” Dr. Keller testified about the studies published by the
American Bar Association’s Juvenile Justice Center, the American Psychologist, the
Science Journal, and the National Institute of Mental Health. Based on studies such as
these, the United States Supreme Court concluded that the Eighth Amendment prohibited
the execution of juveniles under the age of 18, and, most recently, that juveniles cannot
be sentenced to life without parole without a hearing that considers their circumstances.
Keller testified that adolescents simply do not have the capacity to purposefully plan their
conduct and weigh the consequences of their actions as an adult would. In the case of
Alan Logan, whose development was stunted by privation and neglect, the adult capacity
to premeditate was particularly impaired.
Defense counsel argues that the facts of this case bear out the essentially
unplanned and “senseless” nature of the assault on Mark Rodriguez. There was neither a
history of animosity between Alan Logan and Mark Rodriguez nor were they engaged in
a long simmering feud. To the contrary, the stabbing arose out of a brief argument
between two apparently “hot-headed” teens who barely knew one another. Even as Alan
left the Broadway Street apartment only to return a short while later, he did not do so to
6
obtain a weapon. Rather, Alan sought the help of a friend. Upon his return, Alan found
the knife on a mattress and, in front of seven witnesses, used it to inflict a single wound.
Here, even if these facts constitute premeditation, it is far different from the sort of
premeditation which ought to characterize the worst and most blameworthy form of
homicide.
Defense counsel urges the court to bear in mind that premeditation is best
understood as an aggravating factor that distinguishes the most heinous form of murder
from the typical case. To consider the facts of this tragic case to stand as the sort of
aggravated murder deserving of a severe punishment such as life is not consonant with
justice. Here, Alan’s capacity to “plan and weigh the consequence of conduct, that is, the
capacity to premeditate, was particularly impaired.” Defense counsel now seeks to use
the results of Alan’s psychological evaluation and the research regarding adolescent brain
development and neuroscience to support the motion for a reduction in the first-degree
murder verdict.
7
Beatrice Keller, Psy.D., M.S, R.N.
Lowell Memorial Hospital
Law and Psychiatry Service
1 Hospital Drive
Lowell, MA 01845
978-567-5447
Name: Alan Logan
Docket No.: Middlesex Superior Court No. 2011-000-001
Date of Birth: 7/12/1994
Referral Source: Defense Attorney
Date of Referral: 9/27/2011
Date of Report: 7/17/2012
Identifying Information:
Case Type and charges:
Alan Logan was charged with First Degree Murder of Mark Rodriguez for an incident
that occurred on May 5, 2011. Alan was 16 years old at the time and placed at the
Division of Youth Services (DYS) Detention Center in Plymouth until his seventeenth
birthday when he was transferred to Plymouth house of Correction, an adult facility. His
Defense Attorney requested a forensic evaluation.
Structure of Evaluation
Sources of Information:
• Lowell Public Schools educational record.
• Lodi Unified School District, CA, educational record.
• Lowell Community Health Center medical records dated 1998-1999.
• Middlesex Health Services medical record dated 7/12/11-10/13/11.
• Alan Logan’s CORI.
• DYS Clinical Discharge Summary dated 7/12/11.
• Lowell General Hospital medical record dated 6/23/04-8/30/10.
• Department of Children and Families (DCF) records.
• Grand Jury testimony dated 6/27 and 6/21/11.
• Police reports and related documents including witness statements.
Non- confidentiality Warning:
Prior to my interviews with Alan, I informed him that I am a licensed psychologist in the
state of Massachusetts, and that I was asked to see him at the request of his attorney. I
informed him that I would be preparing a report of the interviews and my observations to
his attorney and that I might be asked to testify in court regarding my report. I told Alan
that he did not have to participate in the interviews if he chose not to and that he could
refuse to answer any or all of my questions. Alan agreed to the interviews and indicated
that he understood my warnings that this information would not be confidential.
8
Course of Evaluation:
I interviewed Alan a total of four times on 11/27/11, 3/15/12, 6/28/12, and 7/7/12 for a
total of eleven hours for the purpose of assessing his psychological functioning. His
attorney was present on 1 l/27/11 and 6/28/12. During the second interview, I was
concerned about Alan’s mental status. He informed me that he had been on mood
stabilizing medication while at DYS and at Middlesex Jail. After transfer to Plymouth
Correctional Services, Alan did not receive the medication. He requested an appointment
at Health Services but had not yet seen a psychiatrist. I wrote a letter to Health Services
indicating that I was concerned about Alan’s mental status and asked that he be seen.
When I interviewed him on 6/28/12, Alan indicated that the prison doctor had prescribed
two drugs, which had improved his mental status.
I also administered two personality tests, the Rorschach Inkblot Test and the Minnesota
Multiphase Personality Test-2nd Edition.
Clinica1 Data
Social history:
Alan was born in Puerto Rico on 7/12/94 to Arthur Logan, age 54, and Carmen Ramirez,
age 24. Alan was the second child of four of this union. According to DCF and school
records, Alan’s mother used cocaine throughout her pregnancy with Alan. Alan
reportedly had two full siblings who died. One died in utero due to a drug overdose and
the other drowned at age two. Carmen remained involved with Alan and his sister, Rita,
for approximately eighteen months after Alan’s birth. After that, Alan mostly resided
with his father. Alan reported that his mother is currently incarcerated at Framingham
State Prison. Alan’s father raised Rita and Alan as a single parent with significant
medical problems including kidney failure requiring chronic dialysis. DCF became
involved with the family when Alan was 10 years old after Alan’s mother, while
intoxicated, allegedly assaulted Mr. Logan with a knife. Alan’s mother has reportedly
been involved with drugs for most of her life. Alan described his mother as “not right in
the head”. According to the records, Alan has nine half siblings older than him of various
ages.
Alan’s school years were marked by oppositional defiant behavior such as being
disruptive, talking back, failing to do his homework, and violating rules. He was
suspended several times. Alan’s father acknowledged that because he was old and sick,
he was unable to keep track of Alan and could not manage his behavior; Alan had very
little contact with his mother and was apparently unsupervised or parented throughout his
childhood. As he got older, he spent more time on the streets and identified with his peer
group. Mr. Logan filed a CHINS petition on Alan on 6/16/09 for not following the rules
at home and school. DCF became involved on 6/25/09.
On 12/27/09, Mr. Logan transferred guardianship of Alan to his older son, Luis Logan,
Jr., who lived in California with his family. Alan started 9th grade in CA but failed to
9
attend regularly. His brother could not manage Alan’s behavior and sent him back to his
father in Lowell. He dropped out of Lowell High School in the spring of 2011. Alan was
reportedly homeless sometime after that and was allowed to live in the apartment where
the incident took place on 5/5/11.
Medical and Mental Health History:
According to the medical records, Alan’s medical history is unremarkable except for mild
asthma diagnosed at age 4 or 5. After Alan’s arrest for the current charges, the DYS
clinical staff noted that Alan exhibited symptoms of anxiety, labile mood, anger, and
agitation. He tended to be fearful and was aggressive. Alan improved on Neurontin, a
mood stabilizer, He appeared calmer, less angry, and his thinking was clearer. A note
indicated that he became “soft-spoken and polite”.
When Alan was transferred to Plymouth County Correctional Facility, the Neurontin was
not restarted immediately in January 2012. On 4/4/12, Neurontin 200 mg per day was
restarted. The psychiatric evaluation indicated that Alan was moderately depressed with
no symptoms of psychosis. He reported mood swings. A history of substance abuse was
noted. On 6/15/12, propanalol 10 mg twice per day as needed was added for headache.
With the addition of the Neurontin, Alan reported to me that he experienced fewer mood
swings, clearer thinking, and improved impulse control.
Substance abuse history:
Alan stated that he started drinking alcohol at 16 and started smoking marijuana at 10. He
experienced blackouts with alcohol from time to time,
Current Circumstances and Functioning:
Mental Status:
Alan was seen on 11/27/11 at Middlesex Jail; his attorney was present. He was seen the
second time and on 3/15/12 at Plymouth Correctional Facility. Alan presented as a young
man, somewhat short of stature, looking younger than his stated age of 17. He was alert
and oriented to time, place and person. No abnormal movements or behavior were noted.
Speech was within normal limits for rate, rhythm and prosody. He was cooperative and
forthcoming during the clinical interviews. Alan was generally realistic about his
situation.
During the first interview, Alan said that he was managing reasonably well in jail and
denied feeling depressed or anxious. He made good eye contact and spoke spontaneously.
Affect was muted but broad and appropriate to the content of the interview.
During the second interview, Alan appeared depressed as he walked and talked with his
head down and made little eye contact. He acknowledged feeling depressed and said that
he was having difficulty controlling his behavior and felt agitated much of the time. He
said that he was trying to avoid any disciplinary action but was fearful that he would lose
control of his behavior. 1 asked whether he was having difficulty with the older inmates
or correctional staff. He said he was well treated by the staff and there were no specific
10
problems with the other inmates, However, Alan indicated that he is fearful in prison
because he is young and physically small (5’6”). He has experienced increasing
depression and feels despondent about life. He cries at night in his cell and has suicidal
thoughts at times. He said that he thinks about doing “stupid stuff” and that his emotions
are all over the place. “There is so much pain in me but it is hard to cry.”
Alan said that he had not been able to get an appointment with Health Services to get his
medication (mood stabilizer) restarted. He said that he noticed a significant change in his
mood when the medication was discontinued.
Alan denied perceptual disturbances of any kind such as auditory or visual hallucinations.
Speech was logical and goal oriented. Thought processes were within normal limits with
no evidence of psychosis, delusions or unusual preoccupations.
Alan denied suicidal/homicidal thoughts or intent. There was no evidence of excessive
guilt, phobias, obsessions, compulsions or ideas of reference or influence.
Alan was estimated to be of average intelligence. Concentration and memory were
adequate for the exam. Cognition was grossly intact. When asked about neurovegetative
(biological) symptoms of depression on the second interview, Alan said that he was
sleeping and eating but he tended to be apathetic and felt little pleasure. Judgment and
insight appeared to be mildly impaired.
Clinical Interviews:
During the second interview, Alan responded to a number of questions about his family
life. When asked about his mother, he said that his mother killed a younger brother, age
1, by leaving the child alone at the pool to get drugs. The child reportedly drowned. Alan
said that he did not know her well and that she had a “poor reputation” with his family
because of her drug habit, When asked, he said he had no idea what kind of effect his
mother had on his life besides being “disappointed”.
Alan said his father had a tough life and raised his children with “tough love.” He said he
was not affectionate and did not feel loved. “Love is a word, not an emotion. I’ve never
seen it.”
During the last interview, Alan was more forthcoming and relaxed than previously. He
spoke of the difficulties in adapting to prison and his need to keep busy. Alan likes to
read, especially the Harry Potter books. He has identified with a group of Hispanic
inmates who avoid trouble. Alan said that he always believed that his father hated him
because of his father’s severe form of discipline. He thought his father cared for him only
to save face with the larger family. He said, “My friends are more family than my
family.” However, Alan has come to believe that his father does love him because he has
visited him in jail despite rejection by some of his siblings.
11
Personality Testing
MMPT-2
The Minnesota Multiphase Personality Test-2 is an empirically based assessment of adult
psychopathology. The respondent is asked to answer 567 True-False items. The scored
protocol includes 9 validity scales, 10 clinical scales, and a number of supplementary
scales. The results were not statistically valid because of an elevated frequency scale.
Rorschach
The Rorschach is a projective test, which is interpreted structurally and for content.
Structural data yields information in the following categories: affect self-perception,
interpersonal perception and relations, capacity for control and tolerance for stress,
information processing, cognitive mediation, and ideation.
Alan produced a valid profile for interpretation. Results indicated that Alan is often
overwhelmed by emotion and makes decisions based on feelings. Affect is often
dysphoric and he is prone to anxiety. He is often painfully preoccupied by feelings of
inadequacy and low self esteem. He has the capacity to attach to others and is capable of
both cooperation and aggression depending on the circumstances. He demonstrated a low
tolerance for stress and long-term difficulties with coping. Reality testing is generally
intact but he may misperceive a situation when under stress. Content analysis suggests
that Alan views the world as threatening and he is overly concerned with bodily integrity.
Statement of the Case according to District Attorney, Middlesex County
According to the Statement of the Case dated 7/19/11, Alan Logan was at a friend’s
apartment in Lowell, Massachusetts, on May 5, 2011. Alan and the victim in this case,
Mark Rodriguez, had a verbal confrontation, after which the victim apologized.
According to witnesses, the victim was standing talking to others, and without
provocation, Alan allegedly stabbed the victim with a military-style knife. He left the
scene. The victim died of one stab wound to the chest several hours later.
Alan Logan’s Account of Events Related to the Alleged Offense:
According to Alan, at approximately 11:30 pm, the victim, Mark Rodriguez, came to the
apartment where Alan and others were “hanging out” and watching TV. Mark was
angry, stating that friends of Alan’s jumped one of his friends. Alan said that Mark was
verbally threatening and said that he would hurt people with a gun he had on his person if
they did not name the guy who jumped his friend. According to Alan, Mark raised his
shirt to show he had a gun in his waistband. Alan left the apartment and returned
sometime later. Alan said that he went out to get cigarettes and he saw that someone shot
out the windows on his father’s car. Alan returned to the apartment and Mark admitted
that he shot out the windows in retaliation for Alan’s friends jumping his friend.
12
Alan said that the knife was in the apartment and he took it out from under the day bed he
was sitting on and placed it between the wall and bed. Shortly thereafter, Alan picked up
the knife and stabbed Mark once. Alan said that he “blanked out” and stabbed Alan.
When asked what he meant by blanked out, Alan said that he had no thoughts or feelings
that he was aware of and that he stabbed Alan without thinking about it at all.
Later, in retrospect, Alan said that he was afraid that Mark would shoot him. However, he
was not aware of having any particular thoughts at the time. He acted impulsively
without thought.
Clinical Impressions Related to Criminal Responsibility:
Alan was 16 years old at the time of the crime. Research on adolescent brain functioning
indicates that adolescents do not have a fully developed capacity for reasoning, judgment,
and impulse control. Brain maturation continues until at least 21 years of age. In a 1999
study utilizing functional MRI, Baird and Yurgelun-Todd of Harvard Medical School
demonstrated that the part of the brain that inhibits emotional responses to fear
(prefrontal cortex) were not activated in their adolescent subjects and that they tended to
react with their “gut’ rather than evaluating the consequences of’ what they intend to do.
The executive functions required to anticipate the consequences of one’s actions require
both life experience and advanced cognitive functions. Adolescents lack both.
Based on her research (1999), Dr. Elizabeth Sowell, a neuroscience researcher at UCLA,
described the adolescent frontal lobe as undergoing significant change-more than at any
time during life. The frontal lobe is also the part of the brain to develop last. The frontal
lobe is highly involved in the control of aggression and other impulses.
The frontal cortex is involved with executive functioning such as problem solving,
attention, reasoning, and planning. The frontal lobes help individuals behave
appropriately. When the inhibitory mechanisms of the brain, regulated by the frontal
cortex, do not act as they should, disinhibition results and presents with impulsive
behaviors, quick temper, poor decision-making, and aggression.
When Alan stated that be had no thoughts at the time he stabbed Mark, he was stating
that he acted impulsively without thought or intent.
Opinions:
Clinical Summary Impressions:
Alan Logan was 16 on the night of May 5, 2011 when his behavior resulted in the death
of Mark Rodriguez. During the second interview with Alan, it was clear that he was also
suffering from a depressive disorder that required treatment. In my opinion, Alan became
depressed early in his childhood due to abandonment by his mother, poor self-regard, and
the lack of adequate supervision and attention by his father. This was confirmed in the
fourth interview. An additional diagnosis is that Alan suffers from a milder hut more
pervasive form of depression called Dysthymic Disorder (DSM IV 300.4).
13
In my opinion, Alan interpreted Mark Rodriguez’s verbal threats, his belief that Mark
shot out the windows of his father’s car moments before, and the presence of a gun as
immediately threatening to his bodily safety.
In my opinion, Alan’s behavior is the result of a number of factors acting together. At 16,
Alan had had little experience or practice in learning how to modulate his emotions or
articulate his thoughts. He was a lonely dysphoric child who made his own way in the
world primarily identifying with his peers. The combination of excessive discipline by
his father and absence of a mother left him feeling adrift without coping or problem
solving skills. He lacked the executive functions required to think logically through a
perceived threat, problem-solve effectively, and anticipate the consequences of his
actions because of his developmental status as an adolescent. Alan’s experience is that
the environment is threatening and he must remain alert for danger and protect himself as
needed. Under the circumstances that he was confronted with that night, the sum total of
these limitations prevented him from taking alternative actions.
Alan Logan’s behavior on the night of May 5, 2011 occurred in the context of untreated
depression in an adolescent without psychopharmacological treatment or adequate adult
supervision combined with immature adolescent neurodevelopment. As a result, it is my
opinion that Alan did not have the cognitive capacities required to form intent or
premeditation in the death of Mark Rodriguez.
Respectlly submitted,
Beatrice Keller
Beatrice Keller, Psy.D., M.S., RN
M.S. in Clinical Psychopharmacology
Clinical Instructor, Harvard Medical School
14