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2014 Monroe County Invitational

Mock Trial Competition

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COMMONWEALTH v CECIL PANSY

a/k/a C-ROC

2014 County Mock Trial Problem

COMMONWEALTH OF PENNSYLVANIA * # 15682 Criminal 2014

vs *

CECIL PANSY, a/k/a C-ROC * AA, SA, DC, CM, Harassment

STIPULATED FACTS:

The annual Pocono Jazz Festival was held on the weekend of August 23-25 2013. Due to its ever increasing popularity, it attracted a large number of celebrities. There was an informal reception for numerous dignitaries, musicians and other VIPs held on the evening of Friday, August 23 at 8:00 PM. The large number of celebrities scheduled to attend attracted a crowd of photographers known as paparazzi. The paparazzi were located outside of the resort hotel where the reception was being held. The defendant and his girlfriend were invited celebrities and were attempting to enter the reception when a fight broke out. Alex Bishop, a member of the paparazzi, was injured during the fight, suffering a broken nose, bruises and abrasions. The camera being used by Bishop was destroyed. After an investigation, a warrant was issued for the arrest of the Defendant. The Defendant surrendered himself and following an arraignment was released on bail. A search warrant was obtained by the investigating officer to obtain all posting on the Twitter accounts of the Defendant and his girlfriend, including deleted postings. All Twitter postings were obtained through a properly obtained and executed search warrant. There is no need for either side to call anyone from Twitter to authenticate them. The parties have agreed that all Twitter postings were done by them. The restraining order from California against Ryanne Cohen has been authenticated and the parties agree no one from California needs to be called as a witness to authenticate it. The photos of the Defendant’s twin children that were sold to Celebrity Kids Today do not need to be authenticated since the Defendant has admitted the photos were sold to Celebrity Kids Today. Ryanne Cohen committed suicide on August 30, 2013.

The statements of all witnesses are affidavits given under oath.

The following witnesses must be called by the Commonwealth: COMMONWEALTH WITNESSES:

Alex Bishop: Photographer and alleged victim

Jordan Nungesser: Paparazzi/eyewitness

Jesse/ie Mannock: Investigating Detective

The following witnesses must be called by the Defense:

DEFENSE WITNESSES:

Cecil Pansy a/k/a C-Roc: Defendant/celebrity rapper

Sage Simpson: Girlfriend/celebrity reality TV star.

Kyle O’Gouin: Eyewitness/bodyguard

EXHIBITS:

The following are exhibits that either the Commonwealth or the Defense can use, provided the rules of evidence are fulfilled:

1. Photo of Incident

2. Additional photo of incident

3. Photo of broken camera

4. Criminal record of Defendant

5. Criminal record of Victim

6. Tweets from Simpson’s account

7. Tweets from Defendant’s account

7b. Recovered Tweets from Defendant’s account

8. Injunction against Ryanne Cohen

9. Photo of Defendant’s twins with their nanny sold to Celebrity Today

AFFIDAVIT OF ALEX BISHOP 1

2

Getting The Shot, that’s what it is all about. I have been a photo-journalist for 3 over 10 years and if there is one thing I have learned it is that this job is all about getting 4 that perfect shot. I started out doing independent work, selling my photos to any 5 newspaper that would buy them. I have traveled into war zones and have taken shots 6 there that would blow you away. I received the Press Photographer of the year award 9 7 years ago for war photos I took in Iraq. For the last few years I have switched my 8 emphasis to celebrity photography. Awards don’t pay the bills. No more bullets and 9 danger for me…or so I thought. 10

Yeah, I know what you are thinking: s/he is a member of the paparazzi…those 11 rude people with cameras that keep trying to get photos of celebrities. Well, I try not to 12 be rude, but I do take photos of celebrities for a living. Celebrity won’t go away. For 13 actors, actresses, performers, even politicians, fame is the name of the game. A recent 14 survey of middle school children showed that the majority would rather be famous. I 15 help make people famous or keep celebrities famous. I capture the moment. I get The 16 Shot. 17

Paparazzi are part of the entertainment industry. Don’t kid yourself, there is 18 nothing real about any of this. We get calls from managers, agents and even celebrities 19 telling us where to go for a good shot. We all show up and there is a big scene, just 20 what they wanted. We take photos and they complain, just like they planned. Their life is 21 about being in the public eye. If the paparazzi goes away, so do they. Who makes the 22 celebrities famous? I do. 23

There is fierce competition among the paparazzi to get The Shot. 40% of 24 magazines have paparazzi photos in them. These pictures well magazine…get hits on 25 web pages. TMZ, OK!, ET,Star, US weekly, National Enquirer, Confidential, Daily 26 Mirror, In Touch, Wonderwall, heck an entire network, E, is dedicated to celebrity. 27 Celebrity, and news about celebrities, sells. There is a bidding war among the celebrity 28 outlets for good photos, for The Shot. The public creates the demand, the paparazzi 29 meets the demand. 30

Sure, I’ve done some crazy things to get The Shot. I have rented boats, jet skis, 31 helicopters and ladders to get The Shot. I have run street lights tp keep up with fleeing 32 celebrities. I have even climbed over walls to try and get a shot of celebrities in their 33 homes. Sometimes I get The Shot, sometimes I get hassled by the bodyguards and 34 sometimes I get arrested by the police. But sometimes, sometimes I get The Shot. It is 35 all part of a day’s work. 36

So, it was this past summer and they were having a jazz festival somewhere in 37 the middle of nowhere, Pennsylvania. This isn’t usually the kind of thing I would work at, 38 but I had gotten information that there would be a number of celebrities attending due to 39 the increased popularity of the festival. My life is kind of like playing the lottery…take a 40 day off and that’s the day you would have won. So, I packed up my gear and headed to 41

Pennsylvania the weekend of August 23-25 to see what I could get. What I got was a 42 broken nose. 43

There was a red carpet reception being held in a local hotel. I showed up along 44 with a bunch of fellow paparazzi. Sure enough, celebrity sitings were located in the 45 mountains. Who knew? I started taking pictures, knowing that this would be a little 46 different than a typical LA type of reception, celebrities sloumming it in the 47 mountains…you know, short-shorts, Daisy Dukes, ripped t-shirts, trees and mountains 48 in the background. C-Roc and Sage got out of a Hummer limo…of course it was a 49 Hummer, they were in the woods, right? What a bunch of shallow idiots. Anyway, once 50 they got out, the usual circus began. Paparazzi calling out their names, asking 51 questions, doing whatever they could to get The Shot. 52

I was doing my usual thing, calling out their names, asking about their twin kids, 53 anything to get a reaction. I knew that C-Roc had recently been convicted of tax 54 evasion. I thought that might mean his probation for an earlier assault could be revoked. 55 So I asked him about who would take care of his kids while he sat it jail. A pretty 56 provocative question, I’ll admit, but one likely to get a good reaction that could lead to 57 The Shot. What it lead to was a shot in my face from his fist. 58

C-Roc jumped at me and started swinging. He hit me numerous times in my face 59 and about my body. I dropped my camera. I didn’t see what else was going on, all I 60 could see was blood. I could hear cameras clicking and people shouting. “Get off…you’ll 61 kill him/her.” I heard a woman yell “My babies, my babies.” I also heard Sage yell “Get 62 him, baby.” 63

I know C-Roc’s body guard. Kyle had called me in the past with tips about where 64 C-Roc and Sage would be. I would slip Kyle of few bucks now and then if the tip would 65 lead to a good shot. All paparazzi have their tipsters. Anyway, I heard Kyle yelling 66 “Boss, what should I do?” I also heard Kyle scream “Sage, get off. Boss, what do I do 67 about her?” I kept getting hit until I passed out. 68

I woke up in the hospital. My face was a mess. My nose had been broken in at 69 least 2 places. I was covered in bruises. They had cleaned up the blood pretty well, but I 70 ached all over. The biggest problem was my eyesight. Something happened when C-71 Roc hit my nose. The bone went into some of my eye ducts and now I have blurred 72 vision. I can no longer do the type of photo-journalism I became famous for due to my 73 inability to quickly focus my camera. I am now relegated to doing wedding pictures and 74 high school yearbooks to make a living. I was a photo-journalist, I was an artist. Now, all 75 I do it snap pictures of pimply-faced kids at their prom or phony people trying to look 76 happy at their weddings. I wanted to make money…and history. Now, all I do is take 77 staged photos. No more making history…no more chance at The Shot. 78

Alex Bishop 79

Affidavit of Jesse/ie Mannock 1

2

Police detective for 10 years, before that a beat cop. Shield number 34, Pocono 3 Police Department. Some people think living and working in a rural area is like Andy of 4 Mayberry. It’s not. I am not Barney Fife. I am a professional police officer. I keep this 5 tranquil rural community tranquil. I carry a badge. My name is Jesse/ie Mannock. 6

I live in a community that is situated as the third point of a triangle between New 7 York City and Philadelphia. We gets lots of tourism…we thrive on tourism. Whether it is 8 people coming for trips on the Delaware River, skiing in the winter, hiking/camping or 9 gambling at the casino, we get all sorts of city people. Some nice, most trash. My job is 10 to make sure these outsiders don’t upset the natives. Most of the time that means being 11 polite and explaining to them “Lady, you ain’t in New York anymore. That’s not how we 12 do things here in the country.” Sometimes it means cracking a few heads on St. 13 Patrick’s Day or for Pocono University’s homecoming. All in a day’s work. 14

The Pocono Jazz Festival is another kettle of fish; lots of laid back old hipsters 15 lounging in the sun, listening to some quiet, Kenny-G style jazz. About the only problem 16 they cause is all of the marijuana use. I swear there is a smoke cloud that hangs over 17 the festival area for a week after it is over. No violence, just stoned city folk. 18

All that changed in 2013. The festival organizers decided they wanted to get 19 some more publicty for the festival, so they decided to invite a bunch of A-list celebrities 20 from California to come and “be seen” according to festival organizer Betty Bumpus. 21 “This will help put the festival on the national instead of regional map,” according to 22 Betty. So, the Chief schedules a meeting with all of the department to let us know that 23 2013’s crowd would be different. More “beautiful people”, fewer local hipsters and, this 24 is the important part, more media. Great, just what we needed, more bloggers 25 pretending to be journalists and paparazzi pretending to be photographers. 26

In spite of the Chief’s directive to treat the celebrities with kid-gloves, I treat 27 everyone the same. Break the law, get busted. Break someone’s face, get busted and I 28 break your face. It works the same for everyone, famous or not. Punch somebody in my 29 jurisdiction I make sure you know what it feels like to be on the receiving end. 30

So I am on duty Friday evening for the big reception. There was a bug crowd of 31 jackals known as paparazzi creating a disturbance outside the hotel. People you see on 32 TV start showing up and the paparazzi start going crazy, screaming at the people, 33 calling out their names, following the cars as they arrive, big bright video lights blinding 34 people…and all the time nothing but flash bulb after flashbulb going off. I did not envy 35 those fake celebrities one bit after seeing all this. 36

In with all the paparazzi gang I notice someone I knew, Alex Bishop. I knew 37 Bishop from when I served in Iraq on detached duty from the Department. We weren’t 38 friends, but we respected each other and sometimes grabbed a beer together after a 39 mission he would cover. Bishop was a straight shooter, never afraid to go where the 40

danger was to get a good shot. Bishop wasn’t a back stage dilettante…Bishop was the 41 real deal. I was going to approach Bishop and say hello when this insane Hummer Limo 42 showed up with Cecil and Sage. If I thought things were crazy with the paparazzi 43 before, was I ever in for a surprise. 44

All hell broke loose when the limo door opened. I kept my eyes open for a 45 suspect named Ryanne Cohen, a known stalker of Cecil. I saw her approach Cecil and 46 it looked like she was screaming something. I couldn’t make out what she was saying 47 because of all the other noise…the cameras clicking, the paparazzi yelling things out 48 and the security the festival hired for the event, rent-a-cop clowns, telling people to 49 “move back.” Then, in the blink of an eye, I saw a fight break out. Cecil took a swing at a 50 photographer. A fight ensued and Sage jumped into the fracas. I fought my way through 51 all the flashing cameras and broke things up. It was only then that I realized the victim 52 was my old acquaintance Bishop. Blood was pouring from his nose and it appeared 53 Bishop was unconscious. There was a broken camera lying next to Bishop. 54

Cecil was standing over Bishop’s body yelling “How’s that, dog!” Sage was sort 55 of hiding behind Cecil saying “You got him good, Baby.” Then this other person, later 56 identified as a “bodyguard”…what a joke. S/he didn’t look capable of guarding a school 57 crosswalk…kept saying “Boss, I’m sorry. I screwed up.” I stabilized the scene and 58 began getting the names of possible witnesses. Betty came out and asked if I could 59 question people after the festival and just let the reception go on. I know who butters my 60 bread and agreed. An ambulance arrived and took Bishop to the hospital. 61

Over the next week or so I interviewed the relevant witnesses: Cecil, Sage, 62 Bishop, Nungesser and O’Gouin. I didn’t think it was necessary to question Cohen due 63 to her fragile psychiatric background. I obtained statement from Bishop and Nungesser 64 and they are contained in their Affidavits in this case. I also ran a criminal records check 65 on all the witnesses and found out both Nungesser and Cecil had priors. 66

I got a tip from a reliable informant that there were a lot of what are called 67 “tweets” from Cecil and Sage about the assault. I asked their publicist for a copy of 68 Cecil’s Twitter postings and received it 3 days later. What I got from the publicist is 69 Exhibit 7. I read through them and nothing stuck out. Something smelled rotten. I 70 remembered hearing at a seminar about social media that accounts could be 71 “scrubbed” to remove incriminating evidence. That’s what this looked like, so I went and 72 got the necessary warrants and executed them. Surprise, surprise, all sorts of 73 incriminating tweets had been carefully removed from the postings provided by Cecil 74 and Sage. Exhibit 7b shows what was tweeted before someone scrubbed Cecil’s 75 account. Exhibits 6 76

Cecil lawyered up after that, after already having given his affidavit. Sage 77 seemed the weaker of the two and I interviewed her without counsel. I tried to bluff her a 78 little bit, telling her I didn‘t believe what she had written in her affidavit and that she 79 would be arrested if she didn’t come clean and cooperate. I really didn’t have enough 80 evidence to charge her with anything other than disorderly conduct, but she didn’t know 81 that. I stressed all I needed was to be sure she wasn’t involved in the assault, only 82 Cecil. She orally stated that Cecil threw the first punch. Cecil had told her in the limo 83

“watch this honey-bun, I’m going to pop me a paparazzi.” When I asked her to put this 84 into writing, she got a little nervous and said she wouldn’t say anything else until she 85 could talk with her mother. No big deal, she said it and I heard it. Case closed. 86

87

Jesse/ie Mannock 88

AFFIDAVIT OF JORDAN NUNGESSER 1

2

I am Jordan Nungesser, a proud member of the paparazzi posse. I have been a 3

professional photographer for 7 years, making a good living taking candid, non-posed 4

shots of celebrities and selling the shots to various magazines, newspapers, television 5

programs and web sites. I view myself as a member of the entertainment industry. 6

Northing they do is real, from their fake boobs, botoxed lips and weaves right down to 7

their faked anger over having their picture taken. It’s all part of the game they play when 8

they go for celebrity. I am just a small but important part in their fame game. I take the 9

photos they love to hate. 10

Look, celebrity photo chasing is nothing new. Charlie Chaplin, the silent film star, 11

Marilyn Monroe, The Beatles, they all have paparazzi taking photos of them when they 12

were in their prime. It was just another way to sell their movies or records. It is the same 13

today. Fame is the name of the game. I regularly get calls from Agents for celebrities 14

telling me where they will be so I can be part of the paparazzi pack that creates a 15

scene…buzz…when the arrive. I swear half of the people would faint is they actually 16

existed a car and no one was their to photograph it. 17

Today’s paparazzi are part of a long tradition of “attack photographers.” This stuff 18

goes back to the 1920s when studios tried to pre=package their stars as squeaky clean 19

people to help sell movies. The gossip columnists like Hedda Hoppe and Walter 20

Winchell along with photographers cut through the fog and showed their fans what 21

celebrities were really like. It was the famous Italian movie producer Fellini in his 22

masterpiece La Dolce Vita who coined the word “paparazzi” to describe the 23

photographers who followed celebrities around trying to get that perfect, non-staged, 24

candid shot. 25

I have known Alex Bishop for 4 years. Alex was new to the paparazzi, having quit 26

his job as a combat photographer for the better paying, less dangerous job of a 27

paparazzi. Or at least s/he thought it was less dangerous. Like all the paparazzi, Bishop 28

competed with the rest of us to get the right shot and then sell it. Many times there were 29

bidding wars between magazines for the photos. I competed against Bishop and won as 30

many as I lost. That’s the name of the game. 31

Although we are competitors, we often call each other when we are notified by 32

publicity agents for the celebrities of a possible “sighting” for their clients. We text each 33

other and try to get a good crowd. This results in lots of pandemonium around the 34

celebrity. Pandemonium creates chaos and chaos results in some great candid shots. 35

We call out the stars’ names, ask about their family, ask about who the slept with last 36

night, you know, anything to get a reaction. That’s the beauty about the picture…the 37

picture doesn’t lie. 38

I received a text from Sage’s publicist about their attending a jazz event in NE 39

Pennsylvania in late August. That is a little off the beaten track for me, but I figured that 40

is exactly what the rest of the paparazzi would think, so maybe I would have less 41

competition and get some good shots. I arrived and was outside the informal reception. 42

There were paparazzi, of course, but not as many as usual. I saw Bishop there along 43

with some other regular members of the posse. 44

Talk about being in the backwoods! The resort hotel looked like a log cabin that 45

Davy Crockett could have lived in. The celebrities were dressed “casual”, befitting the 46

location. I took some photos of the local yokels, figuring I could maybe sell them to the 47

festival organizers. Once the celebrities started to arrive, that’s when things started 48

happening. Maybe it was the relaxed atmosphere of the woods, maybe it was the 49

“normal” clothing worn by the celebrities, maybe it was the heat combined with all the 50

mosquitoes, I don’t know, but everyone just went crazy yelling things out to the 51

celebrities as they exited their HumVee limos. 52

I saw Ryanne Cohen in the posse. She yelled along with the rest of us. We all 53

knew about her and her restraining order. Anyway, she kept yelling “See, 100 feet. 54

What can you do? I love those twins. They are mine. You are mine. You can never get 55

rid of me. I love you.” We all know she’s a little bit obsessed with them, but she makes 56

for good camera moments. 57

C-Roc and Sage got out and someone in the posse, I think it was Bishop, yelled 58

out “Hey, Crock, who’s going to raise your twins when they put you back in jail? The 59

baby-momma is too busy getting implants to do the job!” All hell broke loose. Someone 60

may have taken a swing at C-Roc, I can’t be sure. C-Roc leaped at Bishop and started 61

hitting him. I took the picture. Sage jumped on Bishop. I took the picture. Cohen jumped 62

into the fray. I didn’t take a picture, She’s one of us and a little fragile. We all stood 63

around taking as many pictures as we could, hoping to get the shot that would make us 64

big tabloid money. I got 2 good shots, admittedly a little out of focus, showing the fight 65

and showing Sage’s involvement. 66

Someone else got their’s in focus better than mine, so I lost out on a big payday. 67

I was able to make some money from the 2 photos, but it wasn’t like I hit the lottery. As 68

for Bishop, there was blood all over. C-Roc and Sage were hustled into the reception by 69

their bodyguard, who just stood by during the whole event, laughing at Bishop while the 70

fight was going on. O’Gouin said “How’s it feel, jerkwad? How do you like being 71

hassled?” That’s it. That’s all I know. 72

Jordan Nungesser 73

AFFIDAVIT OF KYLE O'GOUIN 1

2

I used to like to say that it’s my job to sense danger before danger becomes 3

dangerous. But I don’t think I can say that anymore. Not after what happened on my 4

watch at the Pocono Jazz Fest. 5

6

I am a bodyguard by trade and by blood –my parents were in the Secret Service 7

and my siblings and cousins are all officers in one capacity or another and I myself have 8

been an esteemed member of the International Association of Close Protection Officers 9

for the last twelve years. Like a good chess player, I think five moves ahead of 10

everyone else. I have eyes everywhere. But for a few key moments on August 23, 11

2013, I let my eyes wander from where they should have been – on my Boss, C-Roc. 12

13

Like everyone else in the protection biz, I hustle to make a little money on the 14

side. I will let certain members of the paparazzi know where we are going and when. 15

That helps create a buzz for my clients. Sage’s publicist told me that the weekend in 16

Pennsylvania would be a total bore and that I could do whatever was necessary to liven 17

things up. I knew what she meant and that’s why I called Alex Bishop. 18

19

Aside from the fact that our destination was somewhere in boonie-town 20

Pennsylvania, Friday August 23 was like any other day. I was escorting C-Roc, Sage 21

and the twins to an invite-only reception. Everyone was dressed casually, since this was 22

Jazz, baby. I stepped out of the limo and scanned the crowd. Not seeing any dangers, 23

I gave the safety signal. It was only after everyone was out of the limo that I saw her. 24

I'm talking about Ryanne Cohen. 25

26

Now, I understand people getting excited about celebrity appearances. But 27

Ryanne takes it to a whole different level. Talk about fanatical. It got so bad with her 28

that Sage had to get a restraining order in California. Ryanne calmed down after that so 29

I never expected to see her again, especially not out in Pennsylvania. But there she 30

was, hysterically spewing her undying love for C-Roc, along with her typical promises to 31

“get rid of” Sage so that the two could live happily ever after. Needless to say, that drew 32

my attention. 33

34

It was while I was looking in Ryanne's direction that it all happened. I didn't see 35

any of it. All I heard was some wannabe big shot photojournalist asking C-Roc “who is 36

going to take care of the twins” while he's sitting in jail. The next thing I know, there's a 37

huge commotion – screams from the crowd drowned out the shouts C-Roc and the 38

paparazzi were exchanging. The jail comment obviously infuriated my Boss but I'm not 39

sure how everyone ended up on the ground scuffling like that. I heard C-Roc say “He’s 40

swinging at me!” I also heard Sage say “He’s trying to hurt my babies.” I was fighting 41

with Ryanne, holding her back, but she kicked me in my privates and I went down. 42

Ryanne jumped into the fray, screaming “you can’t hurt him…he’s mine!” It all happened 43

so fast. 44

45

Well, after the great backwoods fiasco, I was fired. That’s OK, I understand. I let 46

my guard down and my client ended up here. C-Roc was only defending himself and his 47

family. That was supposed to be my job. I let them down. 48

49

I am now writing my memoire, titled “Guarding Stars: my life as a celebrity 50

bodyguard.” Anyway, that is the tentative title. In it I take an unvarnished look at how the 51

paparazzi have ruined many good people who just happen to be celebrities. It used to 52

be that taking photos of celebrities was a form of honoring them and their work. Now it 53

is just a way to find something wrong about them. You know, mug shots when they are 54

arrested, the walk of shame after a brief liaison, cellulite showing at the beach, weight 55

issues, plastic surgery fails, etc. These parasites have gone from legitimate 56

photographers to nothing more than scum. The book comes out in December, 57

58

Kyle O’Gouin 59

60

61

62

AFFIDAVIT OF SAGE SIMPSON 1

I am one of the few who managed to make it into the entertainment business 2

with relatively little scandal but now it just seems to surround me no matter how hard I 3

try to maintain my privacy. I know the paparazzi help build the industry and that if your 4

name isn’t out there constantly you lose your place in the industry but once I had my 5

twins I really could care less about the industry. Besides, my husband C-Roc was 6

plenty famous enough and I still had a very loyal set of followers who loved to read my 7

twitter posts about the twins. Who needs paparazzi now that you can connect with your 8

fans yourself on social media. You don’t need to call paparazzi now to take your photo 9

when all you need is a perfectly staged selfie! 10

I love social media. It allows me to express myself in so many cool ways. I love 11

posting selfies on both my account and on C-roc’s accounts. Sometimes I will post on 12

his account, just to, you know, keep things fresh for our fans. I also know my publicist 13

will sometimes go on both accounts to keep the fans informed. We love all of our fans 14

and want them to experience us as much as possible….Facebook, Instagram, Twitter, 15

you name it, we’re on it. Holla! 16

The biggest concern lately I have is keeping my two babies away from the 17

paparazzi. I know how mean and hurtful they can be when they want to get your 18

attention for, what they call, “the Shot” and I did not want my two girls to be around that 19

kind of negativity. Like I said before, I know they have their job but I have a job as a 20

mother too and that is to protect my babies at all costs. I know C-Roc feels the same 21

way as a father. Most of the time the paparazzi back off when we are with the kids 22

because they know we will slip them information as to when me and C-Roc will be out 23

on our own so they can take some good photos but others just don’t take no as an 24

answer. Alex Bishop is definitely one of those creeps who can’t stand hearing the word 25

“no.” 26

C-Roc and I were really hoping to avoid all the craziness of California when we 27

got invited to some music festival out in Pennsylvania. Our rep promised it would be 28

fairly low key and that there would only be limited paparazzi and that for the most part 29

the photographs would be scheduled. Knowing how important music is to help develop 30

a child’s brain as they are growing, C-Roc and I both thought it would be a good idea to 31

expand the twin’s culture and expose them to some new music. C-Roc wasn’t exactly 32

thrilled at the idea of being in some small town just listening to jazz music but I was able 33

to convince him and promised we would make a trip up to New York afterwards. 34

Hoping to avoid some of the paparazzi while we were in Pennsylvania, we told our 35

bodyguard to let some of the regulars know that we would be in New York afterwards 36

and gave him the lists of places we would be without the kids. 37

We were so surprised when we got to the reception in Pennsylvania to see all the 38

photographers outside of the building. Obviously someone lied to us because the 39

photos weren’t supposed to be until after the reception when the twins would have 40

already been in bed. Because the hotel was where the reception was being held we 41

had no choice but to get out when we got there even though the place was swarming 42

with paparazzi. Besides, even though we had rented the Hummer limo so the twins had 43

plenty of room to play on the long drive into Pennsylvania, the twins were getting 44

restless and wanted to get out of the car ASAP! 45

As soon as we stepped out of the car the paparazzi immediately started shouting 46

at us and started trying to take our photos. I personally am used to all the bright lights 47

that are created when they take our photos but the twins have been protected from it 48

through the most part and were really startled by all the attention. I was doing my best 49

to try to shield them and I know C-Roc was really upset by the twins crying. He instantly 50

went into protective mode. He did his best to shield me and the twins from all the lights 51

and the shouting but that Mr. Bishop just wouldn’t stop. At one point he started yelling 52

at the twins that their father was going to jail and that they would only have their mother 53

to protect them. I know the twins aren’t old enough to understand what exactly he 54

meant by that but they started panicking and C-Roc was trying so hard to keep it all 55

together just so we could just get inside. 56

Before I knew what was happening I saw that Bishop guy following us and even 57

though C-Roc demanded he leave us alone Bishop kept yelling things about C-Roc 58

going to jail. I kept looking around for our bodyguard, Kyle, but he was preoccupied 59

with that crazy stalker and he seemed to be miles away. To be honest, I wouldn’t be 60

surprised if Bishop called the stalker himself to let her know we would be there to cause 61

a distraction. He probably expected me to make a scene when I saw her but that girl 62

means nothing to us; she’s just one of the many star crazed girls who believe she has a 63

chance with C-Roc. 64

Anyway, I could tell C-Roc was starting to tense up since we were blocked from 65

getting into the hotel. All those “rental cops” were in the way. They thought they were 66

doing crowd control but they were just causing a back up in people entering the 67

reception. Out of the corner of my eye I saw C-Roc turn around and swing at Bishop. I 68

was surprised but then I realized how close he was to the twins. He looked like he was 69

about to try to pull at them to get their attention. Of course C-Roc would feel 70

threatened. He was just protecting his children. 71

As soon as he swung I started yelling at Kyle to have him come help me protect 72

my children. I know I was definitely yelling “my babies.” I truly believe that if C-Roc 73

hadn’t hit Bishop he would have tried to grab one of the twins just to try to get an up 74

close photo of them. I also was yelling at C-Roc to get the babies since he was 75

stronger than me and he had a better chance of pushing past those rental cops to get 76

inside. 77

After the incident some local police officer interviewed us but it was so clear that 78

he hated anyone not from his precious little town. I’m sorry that I’m not sorry I was able 79

to escape my little town life and move somewhere larger! He couldn’t care what we had 80

to say and all he wanted me to admit was that C-Roc threw the first punch. He also said 81

I could be charged. As if!!!! I did nothing wrong. I kept telling him that Bishop was trying 82

to physically grab a hold of the twins so he could take their photo but he wasn’t even 83

listening. He kept questioning me for what felt like eternity. All I wanted to do was 84

check to see if C-Roc was alright and how my twins were doing. They were so shaken 85

up that they had to sleep in our bed for weeks afterwards and didn’t feel safe enough to 86

go outside or do anything! If anyone should be getting into trouble it should be that 87

Bishop guy for harassing our family when all we wanted to do was enjoy time away with 88

our family! 89

When we got back to Cali my publicist told me it would be best to go onto my 90

account and remove any postings that fans would find offensive, so I did that. But, in 91

keeping it real, I stand by the postings. I always back up my man, my baby daddy and 92

the twins’ role model. Peace, out, as C-roc would say. 93

94

Sage Simpson 95

AFFIDAVIT OF CECIL “C-ROC” PANSY 1 2

3 Rap is the new rock 'n' roll - and I’m the biggest rock star on the planet. So what was 4 an internationally-renowned music mogul like me doing in a Podunk town like this? 5 Good question. Ask my (now former) agent. He thought attending the Pocono Jazz 6 Fest would expose my music to a different demographic. Did he forget I am one of the 7 world's best-selling artists of all time? I’ve sold more than 20 million albums! Time 8 named me one of the 100 most influential people in the world! It seemed to me 9 attending Pocono Jazz Fest would only expose my music to the woods, patchouli and 10 snuggling hippies. 11 12 Interest in Jazz Fest was through the roof once we made the announcement that we 13 would attend. My publicist told me the organizers were concerned because there was 14 five times the amount of requests for press credentials than they were anticipating. My 15 latest album “#Hashtag” just hit number one on Billboard but most people don’t seem to 16 care about my music as much anymore. Most people just want to know about my 17 relationship with Sage. The tabloids went nuts when we started dating. We were 18 photographed everywhere: dinner, shopping, the ball game — you name it. And now 19 that we have kids? Well, we are single-handedly keeping those rags in business. Do 20 people have such pathetic lives they need to live vicariously through my family? 21 22 I knew there would be buzz for Jazz Fest simply because where we go the paparazzi 23 follows. Sage always seemed to handle the paparazzi better than me. She was used 24 to all of the attention since her family had been in the limelight for so long. They had 25 their own reality show for years on the E! Network called “Stepping Up with the 26 Simpsons.” As the show became more popular so too did Sage and her family. With 27 this newfound celebrity came more and more attention from the paparazzi. My 28 upbringing couldn’t be any more different. I was raised in a middle-class household in 29 Chicago, Illinois. I graduated from the Berklee College of Music where I majored in 30 music production and engineering. I was blissfully ignorant about the paparazzi on my 31 way up. I got a small taste when my music started to take off. But it was only once 32 Sage and I got together and the twins were born that we began to learn just how 33 relentless those creeps could be on the hunt for the “exclusive” pic. 34 35 The paparazzi claim to be an important part of the entertainment 36 industry. Personally, I find the paparazzi’s behavior to be synonymous with stalking. In 37 fact, I even hit up my boy Obama at a fundraiser to urge him to support anti-stalking bills 38 to reduce harassment of public figures and celebrities, especially in regard to minor 39 children. I’m also sick of the idea of paparazzi making money from taking pictures of my 40 family. I want to change the law so that I get a check for image copyright for every 41 picture of my family that's sold by a photographer. 42 43 I can’t tell you how many times I’ve had to chase photographers off our 44 property. One time a photographer jumped the gate and climbed a tree near the kids’ 45 nursery and was snapping pics of us putting the twins to bed. What would you do if 46

some stranger was taking photos of you while inside your house and selling the photos 47 for the whole world to see? Did you know the paparazzi are now using drones to try 48 and get their big shot? Yeah, drones. Are your kids stalked by drones? Are there 49 drones flying above your pool when you’re teaching your kids how to swim? What 50 happens if a drone falls right next to the kids in the pool? Would it electrocute them? I 51 don’t know and I sure as hell don’t want to find out. Yet for celebs like Sage and me it’s, 52 what? Part of the job? That’s a load of BS. 53 54 Anyway, we showed up for Jazz Fest’s “informal” reception on Friday, August the 23rd 55 around 8:00 p.m. and to no one’s surprise the paparazzi was out in full force. The first 56 thing I noticed was the lack of barriers separating us from the media. It was as though 57 the press could come right up to us as soon as we got out of the limo. Maybe that’s 58 what they meant by “informal.” I also noticed that there was hardly any security on 59 hand. I saw a police officer or two but not enough to handle a crowd like that. Maybe 60 it’s because this was the first year the Jazz Fest had some bigger names and the 61 organizers didn’t know what they were doing? I don’t know. It just seemed like as soon 62 as we got out of the limo we were forced to defend against a whole swarm of those 63 maggots snapping photos at us. 64 65 On the way out of the limo, I turned to Sage and said “watch the babies, hun —I don’t 66 see many cops only paparazzi.” I’m not sure if she heard me or not. As we began to 67 make our way through the throng, I saw Ryanne Cohen — a nut job stalker Sage got a 68 restraining order against in Cali. I signaled to Kyle, our bodyguard, who went to handle 69 her. I then heard some poser photog ask me who would take care of my twins while I 70 was in jail. I can only assume he was referring to my recent conviction for tax evasion 71 or my probation for assault. He also said something about how my wife couldn’t do the 72 job of watching the kids while I was away b/c she is always getting breast 73 implants. WTF? See what I’m talking about? I mean what kind of world do we live in 74 where a person can talk to you like that and get away with it? But I totally kept my 75 cool. I didn’t start throwing down or anything. I approached the mouth breather to see if 76 he was man enough to say all that again to my face. Instead, he pressed his camera 77 about an inch from the twins (my kids — not my wife’s artificial enhancements, lol) and 78 starts snapping away. Sage yelled “he’s trying to hurt my babies.” I reached to grab his 79 camera at the same time he swung his camera back in my direction and made contact 80 with me. I took that as a physical provocation. I yelled to Kyle my bodyguard “he’s 81 swinging at me!” in order to get his attention. In the ensuing scuffle, the photographer 82 dropped his camera and I dropped him, so to speak. I don’t remember anything about 83 what happened next other than there was a pile of people on the ground and dude 84 ended up with a busted face. I don’t get why I’m here and why I got charged. I took his 85 actions as a threat against me and my family and responded in kind. Honestly, I should 86 be viewed as a hero for standing up to this vermin not a criminal forced to defend 87 myself. This is some hillbilly justice for sure! 88 89 I want it to be known that I have fully cooperated with law enforcement because I 90 have nothing to hide. I did not start this incident but make no mistake I ended it. Never 91 will I let the paparazzi hurt my family. Believe that. 92

93 94

Cecil Pansy a/k/a C-Roc 95

96

Exhibit 1

Exhibit 2

Exhibit 3

N.C.I.C. CRIMINAL HISTORY CHECK FOR RELEASE TO AUTHORIZED

PERSONS ONLY

BACKGROUND INFORMATION

SUBJECT: Cecil Pansy, a/k/a C-Roc SOC.SEC.NO.: 092-62-9903 FILES SEARCHED: United States. All reporting jurisdictions.

REPORTED HISTORY

Date Charged Offense Prosecuting Disposition Sentence/ Entity Fine

9.22.2012 Disorderly Conduct

L.A.P.D. Guilty $300.00 + costs

10.14.2012 Simple Assault

S.F.P.D. Guilty by Trial 30 days in jail, 1 year probation costs + rest.

4.15.13 Tax Evasion Federal Court Guilty Plea 3 years probation

Exhibit 4

N.C.I.C. CRIMINAL HISTORY CHECK FOR RELEASE TO AUTHORIZED

PERSONS ONLY

BACKGROUND INFORMATION

SUBJECT: Alex Bishop SOC.SEC.NO.: 046-44-6667 FILES SEARCHED: United States. All reporting jurisdictions.

REPORTED HISTORY

Date Charged Offense Prosecuting Disposition Sentence/ Entity Fine

8.22.2012 Trespass L.A.P.D. Guilty $100.00 + costs

9.25.2009 Harassment L.A.P.D. Plead Guilty 5 years probation costs + rest.

2.14.2011 Domestic Battery

Monroe P.D. Not Guilty

EXHIBIT 5

EXHIBIT 6

C-Roc @formerlyCecilPansy – Aug. 16

Hey, yo! This is Sage rockin C’s twitter. He will always be my man no matter what h8ers say. H8ers hate, we roc. Catch C’s gig 2nite.


All you Roc-heads, check me out tonight on the Tonight Show! I’ll be performing my new single “Strip, Woman” off of my no. 1 album #Hashtag


Sage throwing out the first pitch at today’s @Dodgers game. instagram.com/p/r2k6WsN9De/


#PoconoJazzFest about to get ROCked. Pack up the young uns, @SageSimpson. It’s time to hit the woods.


Peace and Love, my peeps. That is what I believe in.

Exhibit 7


Hey, yo! This is Sage rockin C’s twitter. He will always be my man no matter what h8ers say. H8ers hate, we roc. Catch C’s gig 2nite.


All you Roc-heads, check me out tonight on the Tonight Show! I’ll be performing my new single “Strip, Woman” off of my no. 1 album #Hashtag


Sage throwing out the first pitch at today’s @Dodgers game. instagram.com/p/r2k6WsN9De/


Working on a new song called “The Requiem of a Paparazzo.” I got a feeling it’ll go to #1 w/ a BULLET. Ya heard?

Yeah, baby, I like that idea. Holla! (It’s me, Sage, again.)


I can accept failure, everyone fails at something. But I can't accept not trying. - Michael Jordan


#PoconoJazzFest about to get ROCked. Pack up the young uns, @SageSimpson. It’s time to hit the woods.


Blasted a paparazzo at #PoconoJazzFest for touching me. #anotheronebitesthedust


Peace and Love, my peeps. That is what I believe in.


My publicist told me the piece of sh*t I beat down has priors: stalking, harassment, trespassing, etc. #notsurprised


Alex Bishop is the name of the photog who got too close to my twins. DM me if you know Bishop.


Yo, Yo, Yo, it’s me again, Sage. This picture is lol funny,

Exhibit 7b

1 of 3 Approved by Board of District Court Judges, June 2013

Temporary Civil Stalking Injunction Ex Parte Order

Case Number: 148 District: 76

County: Orange State: California

Judge: Crater Petitioner (person who asked for the stalking injunction): Sage

First Name Selery

Middle

Simpson

Last

Other people protected by this order:

Address and phone # (to keep private, leave blank): Name Age Relationship to Petitioner

___________________________________ Street

North West and South East Simpson (Twinsies)

3 Son and Daughter

___________________________________ City --- State --- Zip

____________________

____________________

____

____

_____________

_____________

___________________________________ Phone #

____________________

____________________

____

____

_____________

_____________

Petitioner’s attorney (if any): Ron Gallega Phone # 312-775-1087

Respondent Describe Respondent

(person who must obey this stalking injunction): Sex Race Date of Birth

Height Weight

Ryanne

First Name

UNK

Middle

Cohen

Last

F Unk Unk 5’5” Fat

Other Names Used _______________________

____________________________________

Eye Color Blue

Hair Color Black

Social Security Number (last four digits only)

UNK

Address 124 Selfie Lane ______________________________ Street

Distinguishing features (like scars, tattoos, limp, etc.) __”Sage Soars” right forearm ________________________________________

Los Angeles, California City --- State --- Zip

Driver’s license issued by

(State): UNK Expires ______________

Warning! [__] Weapon involved (Box to be initialed by Court, if applicable)

Findings: The Court has reviewed the Petitioner’s Request for Stalking Injunction, and finds that:

a. The Court has jurisdiction over the parties and this case, b. There is reason to believe stalking has occurred, and c. the Respondent is the stalker. d. The Respondent has the right to a hearing, if he or she asks for it.


To: (Respondent’s name): Ryan Cohen

Obey all orders initialed by the judge. Violation of these orders is a criminal Class A Misdemeanor, punishable by up to one year in jail and a fine. A second or subsequent violation can result in more severe penalties.

1 [X] Personal Conduct Order Do not stalk the Petitioner. This means that you must not do things such as follow, threaten, annoy, or harass the Petitioner in a way that would cause a reasonable person to suffer emotional distress or to be afraid for the person’s safety or the safety of another person.

2 [X] No Contact Order

Do not contact, phone, text, mail, e-mail, or communicate in any way with the Petitioner and any person listed on page 1 of this order as well as any person listed below, either directly or indirectly.

Other people you must not contact: ______________________________________________

___________________________________________________________________________

3 [X] Stay Away Order

Stay away from:

[__] a. The Petitioner’s current or future: [__] Vehicle Job [__] School [__] Home, premises and property (list current addresses below)

Home address: ________________________________________________________

Work address: _________________________________________________________

School address: _______________________________________________________

Describe vehicle: ______________________________________________________

[X] b. Other (specify): Cannot come within 300 feet of Petitioner or her twin

children

4 [___] Child Custody & Parent-time Orders

The Petitioner will have temporary custody of the minor children listed below. If you do not obey the custody and parent-time orders listed here, the Petitioner may ask for the court’s help (such as an order to show cause for contempt):

___________________________________________________________________________

___________________________________________________________________________

You will have parent-time as follows: _____________________________________________

___________________________________________________________________________

You can only communicate with the Petitioner about parent-time through the following person:


___________________________________________________________________________

___________________________________________________________________________

The custody and parent-time orders are effective until modified by this court or superseded by another court order.

5 [___] Other Orders (List below): ___________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Warnings to the Respondent: Attention: This is an official court order. No one except the court can change it. If you disobey this order,

the court may find you in contempt. You may also be arrested and prosecuted for the crime of stalking and any other crime you may have committed in disobeying this order.

If you do not agree with this order, you can ask for a hearing to tell your side. Your request must be in writing, and must be filed at the court listed below within 10 days of the date you were served with this order. If you do not ask for a hearing within 10 days, this order will last for 3 years after it is served. You can still ask for a hearing after 10 days, but then you must persuade the court that the injunction is not needed.

This order is valid in all U.S. states and territories, the District of Columbia, and tribal lands. If you go to another U.S. state territory or tribal land to violate this order, a federal judge can send you to prison.

No guns or firearms! It is a federal crime for you to have, possess, transport, ship, or receive any firearm or ammunition, including hunting weapons, while this civil stalking injunction is in effect.

Date: July 2, 2013 Time: 10:00 [X] a.m. [__] p.m. Aloysius P. Crater

Judge: Crater

Disability and Interpreter Services Assistive listening systems, sign language and oral language interpreter services are available at no charge in stalking proceedings. Contact the clerk’s office at least 5 days before your hearing.

Exhibit 8

EXHIBIT 9

1

JURY INSTRUCTIONS AND LAW

The crimes with which the defendant is charged are defined in this section. In

order to find the defendant guilty, the Commonwealth must prove the crimes beyond a

reasonable doubt, a burden that is defined in the first jury instruction below.

Several jury instructions in addition to the burden of proof and the definitions of

the crimes charged are also given in this section. The applicability of each of the

instructions, or portions thereof, may depend on the evidence that is admitted during the

trial.

BURDEN OF PROOF

A fundamental principle of our system of criminal law is that the defendant is pre-

sumed to be innocent. The mere fact that [he] [she] was arrested and is accused of a

crime is not any evidence against [him] [her]. Furthermore, the defendant is presumed

innocent throughout the trial and unless and until you conclude, based on careful and

impartial consideration of the evidence, that the Commonwealth has proven [him] [her]

guilty beyond a reasonable doubt.

It is not the defendant’s burden to prove that [he] [she] is not guilty. Instead, it is

the Commonwealth that always has the burden of proving each and every element of

the crime charged and that the defendant is guilty of that crime beyond a reasonable

doubt. The person accused of a crime is not required to present evidence or prove

anything in his or her own defense. If the Commonwealth’s evidence fails to meet its

burden, then your verdict must be not guilty. On the other hand, if the Commonwealth’s

evidence does prove beyond a reasonable doubt that the defendant is guilty, then your

verdict should be guilty.

Although the Commonwealth has the burden of proving that the defendant is

guilty, this does not mean that the Commonwealth must prove its case beyond all doubt

and to a mathematical certainty, nor must it demonstrate the complete impossibility of

innocence. A reasonable doubt is a doubt that would cause a reasonably careful and

sensible person to hesitate before acting upon a matter of importance in his or her own

2

affairs. A reasonable doubt must fairly arise out of the evidence that was presented or

out of the lack of evidence presented with respect to some element of the crime. A

reasonable doubt must be a real doubt; it may not be an imagined one, nor may it be a

doubt manufactured to avoid carrying out an unpleasant duty.

So, to summarize, you may not find the defendant guilty based on a mere

suspicion of guilt. The Commonwealth has the burden of proving the defendant guilty

beyond a reasonable doubt. If it meets that burden, then the defendant is no longer

presumed innocent and you should find [him] [her] guilty. On the other hand, if the

Commonwealth does not meet its burden, then you must find [him] [her] not guilty.

AGGRAVATED ASSAULT – CAUSING OR ATTEMPTING TO CAUSE SERIOUS

BODILY INJURY

The defendant has been charged with aggravated assault. To find the defendant

guilty of this offense, you must find that each of the following elements has been proven

beyond a reasonable doubt:

First, that the defendant caused or attempted to cause serious bodily

injury to the victim.

“Serious bodily injury” is bodily injury that creates a substantial risk

of death or that causes serious, permanent disfigurement, or protracted loss or

impairment of the function of any bodily member or organ.

“Attempted” means that the defendant engaged in conduct that

constituted a substantial step toward causing bodily injury to the victim. An act is

a “substantial step” if it is a major step toward commission of the crime and one

that strongly corroborates your belief that the defendant, at the time [he] [she] did

the act, had a firm intent to commit the crime of simple assault. An act can be a

“substantial step” even though other steps would have to be taken before the

crime could actually be carried out; and

3

Second, that the defendant acted intentionally, knowingly, or recklessly

under circumstances manifesting extreme indifference to the value of human life.

A person acts intentionally with respect to serious bodily injury

when it is his or her conscious object or purpose to cause such injury.

A person acts knowingly with respect to serious bodily injury when

he or she is aware that it is practically certain that his or her conduct will cause

such a result.

A person acts recklessly with respect to serious bodily injury when

he or she consciously disregards a substantial and unjustifiable risk that serious

bodily injury will result from his or her conduct. The risk must be of such a nature

and degree that, considering the nature and intent of the defendant’s conduct

and the circumstances known to him or her, its disregard involves a gross

deviation from the standard of conduct that a reasonable person would observe

in the defendant’s situation. It is shown by the kind of reckless conduct from

which a life-threatening injury is almost certain to occur.

SIMPLE ASSAULT—BODILY INJURY CAUSED OR ATTEMPTED

The defendant has been charged with simple assault. To find the defendant

guilty of this offense, you must find that all of the following elements have been proven

beyond a reasonable doubt:

First, that the defendant caused or attempted to cause bodily injury to the

victim.

“Bodily injury” means impairment of physical condition or substantial

pain.

“Attempted” means that the defendant engaged in conduct that

constituted a substantial step toward causing bodily injury to the victim. An act is

a “substantial step” if it is a major step toward commission of the crime and one

that strongly corroborates your belief that the defendant, at the time [he] [she] did

4

the act, had a firm intent to commit the crime of simple assault. An act can be a

“substantial step” even though other steps would have to be taken before the

crime could actually be carried out; and

Second, that the defendant’s conduct in this regard was intentional,

knowing, or reckless.

A person acts intentionally with respect to bodily injury when it is his or

her conscious object or purpose to cause such injury.

A person acts knowingly with respect to bodily injury when he or she is

aware that it is practically certain that his or her conduct will cause such a result.

A person acts recklessly with respect to bodily injury when he or she

consciously disregards a substantial and unjustifiable risk that bodily injury will

result from his or her conduct. The risk must be of such a nature and degree that,

considering the nature and intent of the defendant’s conduct and the

circumstances known to him or her, its disregard involves a gross deviation from

the standard of conduct that a reasonable person would observe in the

defendant’s situation.

JUSTIFICATION: USE OF FORCE IN SELF-DEFENSE

The defendant has raised the issue of whether [he] [she] acted in self-defense.

Self-defense is called “justification” in the law of Pennsylvania. If the defendant’s actions

were “justified,” you cannot find [him] [her] guilty beyond a reasonable doubt. The issue

having been raised, it is the Commonwealth’s burden to prove beyond a reasonable

doubt that the defendant did not act in justifiable self-defense.

RULES FOR JUSTIFICATION WHEN NON-DEADLY FORCE WAS USED

If the defendant only used non-deadly force during the incident in question, the

Commonwealth may prove that this use of force was not justified if it can show, beyond

a reasonable doubt, any of the following elements:

5

a. That the defendant did not reasonably believe that it was immediately

necessary for [him] [her] to use force to protect [himself] [herself] against the unlawful

use of force by the victim. The Commonwealth must prove either: (i) that the defendant

did not actually believe [he] [she] was in danger of becoming the victim of unlawful force

such that [he] [she] needed to use force to defend [himself] [herself] at the moment [he]

[she] used it; or, (ii) that while the defendant actually believed [he] [she] needed to use

such force, [his] [her] belief was unreasonable in light of all the circumstances known to

[him] [her].

Keep this in mind: a person is justified in using force against another not only

when they are in actual danger of unlawful attack but also when they mistakenly, but

reasonably, believe that they are. A person is entitled to estimate the necessity for the

force he or she employs under the circumstances as he or she reasonably believes

them to be at the time. In the heat of conflict, a person who has been attacked ordinarily

has neither time nor composure to evaluate carefully the danger and make nice

judgments about exactly how much force is needed to protect himself or herself.

Consider the realities of the situation faced by the defendant here when you assess

whether the Commonwealth has proved beyond a reasonable doubt either that he or

she did not believe he or she was actually in danger of unlawful force to the extent that

he or she needed to use such force in self-defense, or that, while he or she did believe

that, his or her belief was unreasonable. Unlawful force means any form of force,

including confinement, that is employed without the consent of the person against whom

it is directed where its use would constitute an offense or actionable tort.

b. That, (i) in the same encounter with the victim, the defendant engaged in

conduct that demonstrated [his] [her] intent to use unlawful force against the alleged

victim, and, (ii) by that conduct, [he] [she] provoked the use of force against [himself]

[herself]. Conduct that is not itself the unlawful use of force does not constitute the kind

of provocation upon which the Commonwealth may rely to prove its case. If you find

beyond a reasonable doubt that it is of such a nature, you must then ask whether it

provoked the similar use of force against [him] [her]. In this assessment, the conduct by

the defendant may be the initial provocation of the fight, or it may be an act that

6

continues or escalates it. However, even if the defendant was the initial aggressor, or

was the person who escalated the incident to one involving the use of unlawful force, if

[he] [she] thereafter withdraws in good faith, making it clear that [his] [her] further

intentions are peaceable, and the victim pursues [him] [her] and renews the fight, [he]

[she] does not forfeit [his] [her] right to claim justifiable self-defense. If, on the other

hand, you find beyond a reasonable doubt that the defendant provoked the use of force

against [himself] [herself] by engaging in conduct that showed that [he] [she] intended to

cause unlawful force to the alleged victim, you may find that [his] [her] conduct was not

justified.

Note that a defendant who has used only non-deadly force has no duty to

retreat from the incident or surrender possession of a thing do or not do any act he or

she has no legal duty to do or refrain from doing, as long as he or she has not provoked

the unlawful use of force, as I have explained that matter above.

Unless the Commonwealth proves one of these two elements, the use of non-

deadly force by the defendant is justified and you must find [him] [her] not guilty of the

offense. If the Commonwealth does prove one of the elements beyond a reasonable

doubt, the actions of the defendant are not justified.

EVIDENCE OF OTHER OFFENSES NOT SUBSTANTIVE PROOF OF GUILT

You may hear evidence tending to prove that the defendant was previously guilty

of a crime or improper acts for which [he] [she] is not on trial.

If presented, this evidence is before you for a limited purpose, that is, for the

purpose of demonstrating proof of motive, opportunity, intent, preparation, plan,

knowledge, identity, or absence of mistake or accident, or to furnish the context or

complete story of the events surrounding a crime, or the natural development of events

forming the history of a case. This evidence must not be considered by you in any way

other than for the purpose I just stated. You must not regard this evidence as showing

that the defendant is a person of bad character or criminal tendencies from which you

might be inclined to infer guilt.

7

IMPEACHMENT—PRIOR CONVICTION (WITNESS)

You may hear evidence that a witness was previously convicted of a crime.

If that crime involved an element of dishonesty, you may consider the evidence.

However, the only purpose for which you may consider this evidence of prior conviction

is in deciding whether or not to believe all or part of the witness’s testimony. In doing so,

you may consider the type of crime committed, how long ago it was committed, and how

it may affect the likelihood that the witness has testified truthfully in this case.

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