Final Assignment - Sentencing

ASSIGNMENT #14 The case now proceeds to trial. On their direct case, the People only present two witnesses: Julio Cruz and Detective Crowley. By stipulation, the People also introduce Cruz’s medical records into evidence. The People then rest their case. Randolph does not testify on his own behalf. Nor does the defense call either his wife or daughter to establish his alibi defense. Instead, the defense solely raises a mistaken identification defense. In support of that defense, counsel calls an expert witness on eyewitness identification. Dr. Fulero testifies about the problems concerning cross-racial identifications of strangers. The defense also calls four eyewitnesses to the crime as defense witnesses. Ivan Liriano, Angel Pagan, Julio Leonor and Victoriano Polanco each testify that Randolph is not the man who shot Cruz. They also testify that Randolph does not match the physical characteristics of the man who shot Cruz. Finally, the defense calls a DNA expert and a dactylography expert who provide expert exculpatory evidence on Randolph’s behalf. The defense then rests. The People choose not to present a rebuttal case. After closing arguments, the court charges the jury. The court submits five counts for the jury to consider: 1. Attempted murder in the second degree (Intent to kill) 2. Assault in the first degree (Serious physical injury) 3. Assault in the second degree (Physical injury) 4. Criminal possession of a weapon in the second degree (Possession with the intent to use unlawfully) 5. Criminal possession of a weapon in the second degree (Loaded firearm) The judge charges counts 1, 2 and 3 in the alternative. This means that the jury can only convict the defendant of one of these counts. The judge likewise charges counts 4 and 5 in the alternative. In practical terms, the jury must consider the highest count first. They may not consider the lesser counts unless they first acquit the defendant of the higher count. You are now in the role of the jury. You have the entire case before you. How do you resolve the charges against Randolph? Explain why you reached that verdict.