Criminal Law and Procedure
Unit Six Culminating Performance Task
“Commonwealth v. Wheaton and Arroyo”
Creator:
Matthew Rossettini, Esq., Social Studies Teacher
Legal 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)
-0-
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.
Category
Content –The
topic is stated
and explained in
an organized
trial brief.
Above Standard
(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.
Meets Standard
(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.
Approaching Standard
(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.
Below Standard
(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.
-1-
GRASP Task Design
Unit 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).
-2-
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, and
3. 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
Detective Jackie Hammond, VBPD
Alex Wheaton
Shelly Petrelli, fingerprinting expert
For the Defendant
Sam Wheaton
Ronnie Arroyo
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,
2. The trial brief must be submitted by .
and
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.
2.
3.
4.
5.
Two minutes to argue for or against any motions filed with the court (4 minutes total),
Four minutes for each party’s opening statements (8 minutes for all opening statements),
Eighteen minutes for each party’s case-in-chief (36 minutes for all cases-in-chief),
Twelve minutes for each party’s cross-examination (24 minutes for all cross-exams), and
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, and
2. Groups are responsible for keeping their own time (official time keepers will be present).
Good Luck!
1
Groups may be changed as required by the size of each respective Criminal Law and Procedure class.
-3-
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.
-4-
The Commonwealth of Virginia
v.
Sam Wheaton and Ronnie Arroyo
A Mock Trial created by the 2011 LSA Criminal Psychology class
-5-
COMMONWEALTH OF VIRGINIA
CIRCUIT 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, and
b. 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 Judge
Virginia Beach Circuit Court
-6-
COMMONWEALTH OF VIRGINIA
CIRCUIT COURT
CITY OF VIRGINIA BEACH
Commonwealth of Virginia
v.
Sam Wheaton and Ronnie Arroyo
|
|
|
|
|
|
|
|
|
Indictment for Violations of
Code of Virginia §18.2-48
(Abduction with intent to extort
money) and §18.2-22 (conspiracy
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
-7-
COMMONWEALTH OF VIRGINIA
CIRCUIT COURT
CITY OF VIRGINIA BEACH
Commonwealth of Virginia
v.
Sam Wheaton and Ronnie Arroyo
|
|
|
|
|
|
|
|
|
Case No: Crim-00-6273
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, Judge
Virginia Beach Circuit Court
-8-
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.
-9-
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
- 10 -
Jackie Hammond
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.
- 11 -
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.
Drop it off at the Wheaton Green Hotel. If
not, I’ll kill your precious child!”
- 12 -
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
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.
- 13 -
I hereby swear that all that is stated in my sworn affidavit is true
Alex Wheaton
Alex Wheaton
- 14 -
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?
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.
- 15 -
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.
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
- 16 -
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
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
- 17 -
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?
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?
- 18 -
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
- 19 -
Jackie Hammond
Exhibit 6: Ronnie’s Ledger
Name
Product
Amount Owed in $
Aaron
Ankrom
Bennet
Berman
Brown
Cook
Crandall
Cowen
Drum
Drescher
Danielson
Dahmer
Ellison
Everett
Earhart
Erving
Frank
Francis
Fromm
Gampel
Grimm
Hart
Holmes
Hines
Holman
Hopper
Hoake
James
Johnson
Jacobs
Jacobson
Jackson
Long
Leak
Mann
Munson
Manson
Moss
Napp
O’Flattery
O’Donahue
Robertson
Wheaton
Wylde
Zachary
Ice
007’s
Boomers
Angel dust
Caps
Cat killer
Cloud Nines
Circles
Doses
Aderol
E-bombs
Elephants
Gum
Four-Leaf clovers
Golden Eagle
Goop
Scary Rabbit
Ivory wave
Pikachu
Peace
Party Pack
Xanax
Xanax
Peace
Coke
E
Pink Panthers
Playboy Bunnies
Cloud Nines
Caps
Soaps
Stacks
Stars
Blue
Soaps
Ice
Xanax
Coke
Soaps
Oxy
Ice
Party Pack
Xanax
Xanax
Xanax
300
526
200
300
1100
800
751
100
450
780
650
390
420
2200
560
670
150
1000
200
280
2000
250
250
450
650
765
320
410
521
460
530
540
300
120
400
200
130
400
230
100
300
50
5000
150
180
- 20 -
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.
Drop it off at the Wheaton Green Hotel. If
not, I’ll kill your precious child!”
- 21 -
WU
Weigl University
School of Forensic Studies
Salem, Virginia
To:
Re:
Detective Jackie Hammond, Virginia Beach Police Department
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
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
- 22 -
Shelly Petrelli
CURRICULUM VITAE
Shelly Petrelli
Virginia Beach, VA
Education
B.S. Criminal Justice Administration
Marymount University
Arlington County, Virginia
Graduate, FBI National Academy Quantico, Virginia
Session 203
December, 2000
Fingerprint Training
FBI Basic Fingerprint Course - 40 hours- April, 1982
FBI Advanced Latent Print Techniques – 40 Hours – April, 1982
FBI Academy – Advanced Administrative Latent Fingerprint Course – 120 Hours – November, 1983
MD Forensic Lab – Crime Scene Technician Certification Course – 80 Hours December, 1984
FBI Academy – Identification Photography –80 Hours – March, 1987
1982-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 Experience
Fingerprint examiner 1982-present
Professor, Weigl University School of Forensic Studies, 2000-present
Qualified to present and provide expert testimony on fingerprint identification in courts in Virginia and Maryland
Manager, fingerprint section of the Bethesda, MD Police Department 1982-1987
Developed and managed the crime lab and crime scene investigation staff in Virginia Beach, VA 1988-2000
February 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 Fingerprints
1974-1977 Patrol Officer – Bethesda, MD Police Department
1977-1982 Detective, Crime Scene Specialist, and fingerprint examiner – Bethesda, MD Police Department
1982-Present – Instructor – Crime Scene and Fingerprints – Various institutions since 1982 –VA. Police Academy; VA
Police Academy; and Weigl University.
Professional Affiliations
Member, International Association for Identification
Member, International Association of Fingers and Finger Related Studies
- 23 -
Exhibit: Sam Wheaton’s Fingerprints
Exhibit: Katie Wheaton’s Fingerprints
- 24 -
MAY 1975 IDENTIFICATION NEWS PAGE 7 and 8
A Family Fingerprint Project
By JAMES S. McCANN
The 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 and
Practice 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.
- 25 -
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
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 the
W 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.
- 26 -
Randy Royce
A certified Handwriting Expert and Graphologist
33 Gordon Place
Glen Rock, New Jersey 07452
January 1st
To:
Re:
Defense counsel for Alex Wheaton and Ronnie Arroyo
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
4
R Royce
All parties agree to the authenticity of the exact simile sent to Dr. Royce for examination.
- 27 -
CURRICULUM VITAE – Handwriting Expert
Randy G. Royce
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.
- 28 -
Sample Ransom Note
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!”
- 29 -
Sam’s Writing
Sam Wheaton AEIOU
Alex’s Writing
Alex Wheaton AEIOU
- 30 -
Roy Fenoff
Forensic Document Examiner
HTTP://WWW.HANDWRITINGDOCUMENTEXAMINER.COM/HANDWRITING_
SCIENCE.HTML
HANDWRITING SCIENCE
Handwriting 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.
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.
- 31 -
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 Babb
Indictment: Frances Doughty
Police Report: Keyana Beale
Exhibits: William Ryan Keep, Reggie Willie, and Leah Dickerson
Ronnie’s Ledger: Zak Hines
Alex Wheaton’s testimony: Dani Mullis, Rachel Smith, and Louisse Bermudo
Sam Wheaton’s testimony: Frances Doughty, Dani St. George, and Tori Davis-Gillis
Ronnie Arroyo’s testimony: Matthew Rossettini, Esq. and Jami Muse
Randy Royce testimony: Anthony Christopher Caputo and Leah Dickerson
Shelly Petrelli’s testimony, Jeremy Hall
911 Call and Transcript: Sherry Constantine and Dani St. George
- 32 -