No. CR-01-2020
DAPHNE BLAKE § IN THE DISTRICT Plaintiff, § COURT § § v. § IN AND FOR § § § § SALLY MCKNIGHT § CRYSTAL COVE Defendant. § COUNTY, § LONE STAR
Prepared by Conner Haugen & Kalle Riner Texas Tech University School of Law ’20 3311 18th Street Lubbock, TX 79409
Copyright 2020 All Rights Reserved
This case file was commissioned by the Texas Tech Board of Barristers for the Spring 2020 1L Mock Trial Competition.
STATEMENT OF THE CASE
This is a civil case for Intentional Infliction of Emotional Distress brought by Daphne Blake against Sally “Thorn” McKnight for kidnapping. Daphne Blake has been an investigator in Crystal Cove for 6 years and has put away numerous dangerous criminals during her time. Ms. Blake is what some would call a drifter, going from town to town investigating the latest mystery. Rightfully so, she has a few enemies. On July 13, 2018, Daphne Blake was kidnapped by a masked assailant. Locked in a concrete prison, Daphne never saw the face of her kidnapper but did observe the mannerisms and physical attributes of the criminal. As she sat in her underground cell, she realized she had an opportunity to escape. That plan succeeded when her kidnapper entered the cage to bring breakfast and Daphne hit him/her over the head with a blunt object.
Fred Jones is Daphne’s best friend and long-time therapist. Not surprisingly, Fred often sits and helps Daphne mull through the trauma that she experiences from her job. According to Fred, Daphne’s kidnapping is affecting her mental state so badly that she is unable to investigate mysteries like she has always loved to do. This is evident through the symptoms that Ms. Blake has been experiencing— including, but not limited to, excessive weight loss, frequent anxiety, screaming in middle of the night, and thoughts of suicide. Fred opines that he has two opinions in this case. First, that there is no question Daphne was kidnapped. Fred was with Daphne on the night of July 13, 2018. They were about to attend the famous Lone Star theme park, Spooky Island, when a late-model van quickly grabbed her and drove off. Fred’s second opinion is that Daphne’s emotional distress stems directly from the kidnapping and false imprisonment. Fred went to Amherst College for his undergraduate studies where he majored in psychology. He then went on to Mount Holyoke graduate school to obtain his master’s in counseling and his license to practice therapy. Eventually, Fred went back to night-school and obtained his PhD in counseling. He then opened shop in Crystal Cove back in 2005.
Velma Dinkley is a seasoned SVU investigator. According to her, in the criminal justice system, kidnapping-based offenses are considered especially heinous. In Crystal Cove, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit. Following is Velma’s story. Velma has been looking into the mysteries of Crystal Cove since 1978 when she was a brand-new officer. Over that period, she has investigated 49 mysterious disappearances and solved all 49. Crystal Cove knows that if they have a monster lurking amongst their city, Velma is the person to call.
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She will testify that it would have been impossible for Sally to kidnap Daphne—she had a broken leg! Additionally, that Sally played 4 concerts during this time and was touring the road on her “Spooky-Wooky” tour. Because Sally would have been physically incapable of kidnapping Daphne, she firmly believes that Sally was not involved. With no DNA evidence and no physical description of the assailant’s face, Velma holds firm in her position.
Norville “Shaggy” Rogers has been friends with Daphne since they were tots. Daphne has since been betrayed by Shaggy when she found out he will be testifying against her. Shaggy just knows that even if he loses their relationship, he has to tell the truth. No longer does Daphne let him come around on her people-hunting parties, AKA catching the criminals. Despite that, Shaggy’s testimony is paramount to understanding the self-centered Daphne. Ever since they were children, Daphne was always looking for attention and this time was no different. Shaggy doubts that the kidnapping ever actually happened. In fact, she has made up a similar story in the past to bring Fred back into her life. All of this alleged depression and made-up kidnapping story is so that Fred will stop cheating on her and tend to her fragile ego. Whatever happened, it feels like a repeat of the past. Its just that this time, she filed civil charges against the one person that Fred was sleeping with, Ms. Sally Thorn McKnight.
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STIPULATIONS REGARDING EVIDENTIARY MATTERS
Procedural Matters
1. Federal Rules of Civil Procedure and Federal Rules of Evidence apply.
2. All witnesses called to testify who have previously identified the parties,
other individuals, or tangible evidence in their respective depositions or
other testimony can, if asked, identify the same at trial.
3. Each witness who gave a deposition agreed, under oath, at the outset of
his/her deposition to give a full and complete description of what occurred
and to correct the deposition for inaccuracies and completeness before
signing the deposition.
4. All depositions were signed under oath.
5. For the purposes of this competition, no team is permitted to impeach a
witness by arguing to the jury that a signature appearing on the
deposition does not comport with signatures or initials located on an
exhibit.
6. Other than what is supplied in the problem itself, there is nothing
exceptional or unusual about the background information of any of the
witnesses that would bolster or detract from their credibility.
7. This competition does not permit a listed witness, while testifying, to
“invent” an individual not mentioned in this problem and have testimony
or evidence offered to the court or jury from that “invented” individual.
8. Each party must call the two witnesses listed as that party’s witnesses on
the witness list.
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9. The four witness roles are not intended to be gender-specific; i.e., a male
may play Daphne Blake for a round despite the female gender in the
problem. By the same token, teams should make considerable efforts to
adapt to the witnesses in each round and refer to their appropriate
genders.
10. All exhibits in the file are authentic. In addition, each exhibit contained in
the file is the original of that document unless otherwise noted on the
exhibit or as established by the evidence.
11. All exhibits are preadmitted.
12. A party may tender an expert during trial. Experts have not previously
been tendered as so.
Substantive Stipulations
1. The Corona Virus existed during Fred and Daphne’s high school years.
2. The Defendant is present for trial but has elected not to testify.
3. Fred and Daphne knew each other in high school.
4. If asked, Norville Rogers is able to make an in-court identification of Sally
McKnight.
5. Daphne Blake’s sentencing for the perjury conviction is correct according
to Lone Star state law.
6. Witnesses have not seen each other’s depositions.
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WITNESS & EXHIBIT LIST
Witnesses for the Plaintiff:
1. Daphne Blake
2. Fred Jones
Witnesses for the Defendant:
1. Velma Dinkley
2. Norville Rogers
Exhibits
1. Daphne’s Handcuff Injury Photo
2. Broken Femur Photo
3. Conspiracy to Commit Grand Theft Auto Indictment
4. Perjury Conviction
5. Sally’s Medical Records
6. Concert Poster
7. Plane Ticket
8. Nutrition Report
9. Group Text Photo
10. DNA Analysis of Gravel
11. Bloody Glasses Photo
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No. CR-01-2020
DAPHNE BLAKE § IN THE DISTRICT Plaintiff, § COURT § § v. § IN AND FOR § § § § SALLY MCKNIGHT § CRYSTAL COVE Defendant. § COUNTY, § LONE STAR
PLAINTIFF’S ORIGINAL COMPLAINT
TO THE HONORABLE JUDGE CHILES:
Plaintiff Daphne Blake brings this action against Defendant Sally Thorn
McKnight for Intentional Infliction of Emotional Distress.
I. Jurisdiction and Venue
1. This is an action for intentional infliction of emotional distress within the
jurisdictional limits of this Court.
2. Daphne Blake is a resident of Crystal Cove County, Lone Star.
3. Defendant is a resident of Crystal Cove County, Lone Star.
II. Background Facts
4. Daphne Blake has worked as an investigator in Crystal Cove for six years.
5. On July 13, 2018, Daphne Blake visited Spooky Island with her friend,
Fred Jones.
6. Daphne Blake owns a dog named Scooby-Doo.
7. Daphne brought Scooby-Doo to Spooky Island.
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8. On July 13, 2018, Daphne was approached and abducted by two masked
assailants.
9. The assailants drove a late-model van and placed Daphne in the van after
abducting her.
10. Daphne was taken to an unknown location and chained to a wall with her
feet tied by rope.
11. Daphne was missing for twenty-three days until she escaped.
12. Daphne escaped by hitting the Defendant over the head with a plastic
tray.
13. Daphne found her way back to Crystal Cove and immediately went to the
hospital. Fred met her there.
III. Intentional Infliction of Emotional Distress
14. Daphne recognized the voice and mannerisms of her abducted to be those
of Sally Thorn McKnight.
15. The Defendant was the perpetrator who abducted Daphne from Spooky
Island.
16. The Defendant intended to abduct and keep Daphne for twenty-three
days.
17. The Defendant acted with extreme and outrageous conduct by keeping
Daphne chained, starved, and confined.
18. Daphne experienced physical and emotional manifestations as a result of
being kidnapped by the Defendant.
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IV. Jury Demand
19. Plaintiff hereby requests a trial by jury.
V. Prayer for Relief
WHEREFORE, Plaintiff, individually requests that the Defendant be cited to answer and appear, and that upon final hearing the Plaintiff have judgment for damages, exemplary damages, pre-judgment and post-judgment interest as allowed by law, costs of suit and such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.
Respectfully Submitted,
Law Office of Bronson Stone, PC 2947 St. Memorial Rd Crystal Cove, LS
BY: ______Bronson Stone State Bar No. 10309862
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No. CR-01-2020
DAPHNE BLAKE § IN THE DISTRICT Plaintiff, § COURT § § v. § IN AND FOR § § § § SALLY MCKNIGHT § CRYSTAL COVE Defendant. § COUNTY, § LONE STAR
DEFENDANT’S ORIGINAL ANSWER
TO THE HONORABLE JUDGE CHILES:
COMES NOW, DEFENDANT Sally Thorn McKnight by and through its undersigned counsel and files Defendant’s Original Answer.
1. Defendant admits the allegations in Paragraph 1.
2. Defendant admits the allegations in Paragraph 2.
3. Defendant admits the allegations in Paragraph 3.
4. Defendant admits the allegations in Paragraph 4.
5. Defendant is without sufficient knowledge to admit or deny the allegations
in Paragraph 5.
6. Defendant admits the allegations in Paragraph 6.
7. Defendant is without sufficient knowledge to admit or deny the allegations
in Paragraph 7.
8. Defendant denies the allegations in Paragraph 8.
9. Defendant denies the allegations in Paragraph 9.
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10. Defendant denies the allegations in Paragraph 10.
11. Defendant denies the allegations in Paragraph 11.
12. Defendant denies the allegations in Paragraph 12.
13. Defendant is without sufficient knowledge to admit or deny the allegations
in Paragraph 13.
14. Defendant denies the allegations in Paragraph 14.
15. Defendant denies the allegations in Paragraph 15.
16. Defendant denies the allegations in Paragraph 16.
17. Defendant denies the allegations in Paragraph 17.
18. Defendant denies the allegations in Paragraph 18.
19. Defendant hereby requests a trial by jury.
PRAYER FOR RELIEF
WHEREFORE, Defendant requests that, upon final trial, Defendant have judgment that Plaintiff take nothing by its suit, that Defendant be discharged from any and all liability, that Defendant recover court costs and for such other and further relief, at law or in equity, general or special, to which Defendant may show itself justly entitled.
Respectfully Submitted,
Law Offices of Vincent Van Ghoul 42045 Ghastly LN Crystal Cove, LS
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BY: ______Vincent Van Ghoul State Bar No. 10307154
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Defendant’s Original Answer has been electronically filed and served to Bronson Stone on this 9th day of October,
2018.
BY: ______Vincent Van Ghoul
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1 SCRAPPY LAW OFFICES DEPOSITION OF
2 DISTRICT OF CRYSTAL COVE DAPHNE BLAKE
3
4 IN THE MATTER OF A CIVIL SUIT
5
6 COOLSVILLE SCRAPPY LAW OFFICES
7 2103 Monster Hunt Ln.
8 Crystal Cove, LS 10299
9 December 11, 2018
10 The above-entitled came before both attorneys at the hour of 12:15 p.m.
11
12
13 APPEARANCES
14 FOR PLAINTIFF: BRONSON STONE
15
16 FOR THE DEFENDANT: VINCENT VAN GHOUL
17
18
19
20
21
22 The witness here, having been first duly sworn, was examined and testified
23 on her oath as follows:
1
1 EXAMINATION BY: BRONSON STONE, ATTORNEY FOR PLAINTIFF.
2 Q: Hello, please introduce yourself and spell your name for the record.
3 A: My name is Daphne Blake. D-A-P-H-N-E B-L-A-K-E.
4 Q: You’re here because you were kidnapped right?
5 A: Yep. It was a horrible experience. I am still hurting.
6 Q: Before we get to that Ms. Blake, we need to know a little about your
7 background. What kind of investigations do you do?
8 A: Anytime I hear about a real monster, the kind that you cringe when
9 thinking about, are the people I hunt. I hunt them because they deserve to be
10 behind bars.
11 Q: How long have you been doing that for?
12 A: I don’t even know. Probably around 6 years. I get together with my band of
13 friends and we all make sure that no one ever gets hurt again. I wouldn’t call myself
14 a professional but it’s a stressful job and I am pretty darn good at it. My nickname
15 is Danger-Prone Daphne.
16 Q: You take down bad guys?
17 A: Of course I do. All with my trusty pup by my side. His name is Scooby-Doo,
18 like the TV show. We trained him to pick up a scent and then head after anyone
19 who is up to no good.
20 Q: So let’s skip forward. We need to know about what happened on July 13,
21 2018. Would you please explain?
22 A: Yeah, it was a terrifying night. I was on my way to Spooky Island, you
2
1 know, the theme park. Fred was holding my hand. I love when he does that. It
2 makes me feel special. He is the love of my life. He makes me look so cute as we
3 walk together. Right when I was going to give my man a kiss, I saw this retro 70s
4 style van. It’s the kind you see and think that there may be someone tied up in the
5 back just wishing that they could go back to their family. Well, that van screeched
6 to a halt right in front of the theme park and then two people wrestled me to the
7 ground. I still have deep cuts on my face from being torn up on the gravel. After
8 that it is a little bit hazy. I did not see the face of the assailant; I just know that
9 they were wearing puppet-like masks. It was creepy. Have you ever seen the Saw
10 movies? It was similar.
11 Q: Do you have any other way to identify the people you saw?
12 A: All I could tell you from that night is that someone was definitely wearing
13 glasses under their mask. It’s more important to understand what I observed when
14 I was locked in the stone-cold prison cell.
15 Q: You were in a prison cell?
16 A: Not exactly. It was a concrete room, with no furniture and no lights. As I
17 sat on that bone-chillingly cold floor, I could hear screaming. I was not the only
18 person locked up in that dungeon. Sleep was not an option; I tried my hardest to
19 escape. Unfortunately, I failed until the 23rd day.
20 Q: We will talk about how you got out in a moment. What else are you willing
21 to share about your experience while you were abducted?
22 A: I’m sorry, I’m tearing up. It was an experience that makes you want to
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1 stop living. I can’t believe humans could do that to one another. It was worse than
2 any case I have ever investigated. See, I was chained to the wall with metal
3 handcuffs, my arms above my head and my feet tied with rope. After being fed only
4 once per day, I became malnourished and dizzy. I think I may have been passing
5 out for a few days at a time. It is all a blur.
6 Q: I am sorry to hear that Ms. Blake. You saw the person’s face?
7 A: I never saw her face, but I know the monster that did it. It was the lead
8 singer of the Hex Girls, Sally “Thorn” McKnight. Before you call me crazy and say
9 that there’s no way I could know that, you have to understand that this person was
10 in my cell every day for 23 days. I saw her outline and shadow as she would walk
11 past my cell. She had thick dark hair and was around 5 foot 6 inches. Sometimes,
12 she would even come sit next to me and brag that I could never catch another
13 monster again. What gave it away was one day that she was drunk. She came
14 stumbling into my dark cell, didn’t say a word, and started signing the Hex Girl’s
15 hit single, “Those Meddlin’ Kids.” I have been to her concerts and it was her voice. I
16 can’t get the song out of my head. I can’t sleep because of it. I just feel like she is
17 always around the corner. So, I stay inside. Inside is safest.
18 Q: How did you escape Ms. Blake?
19 A: One day, I had enough. It was either I get out of there or I was going to
20 die. I observed the kidnapper’s behavior, constantly. At 7:00 a.m. she would feed all
21 the poor souls locked up in that wet, disgusting place. It was so bad the rats became
22 my only friends. Anyway, we would not see Thorn again until the next morning.
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1 Sitting there with nothing to do, I realized that the tray the food was on could be
2 used as a weapon. It was a hard-plastic tray, like the ones you find in elementary
3 school. And some of the days, my handcuffs would be loose. Not enough to break
4 free but just enough to move around. It just so happened that on the 23rd day, my
5 handcuffs were loose and she forgot to re-tie my feet. When she walked in hungover
6 from the night before, I smashed her over the head with the might of one thousand
7 elephants, or something like that. She fell to the ground.
8 Q: Did you see anything when you got out of there?
9 A: Yes. Freedom. I did not look back. Unfortunately, I can’t remember where
10 I was being held or even what it looked like in the area. It was some type of freaky
11 forest. I just kept running south for my life until I found civilization.
12 Q: So you know where those women are; we could go save them?
13 I would go search for the women left behind but I am too afraid. Anxiety has
14 crept in and I can’t. I wake up in middle of the night screaming, just like the women
15 from the concrete prison. I have lost 34 pounds, which is not good for me; I didn’t
16 have much to lose. I’m not sure life is worth living like this. She needs to be caught.
17 Q: Last question, do you know someone named Velma?
18 A: Yeah, she’s a real slimy one. She works for SVU but she’s always in the
19 wrong place at the wrong time. For all I know, she’s the one committing the crimes.
20 Signed and Sworn by,
21 ______
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1 SCRAPPY LAW OFFICES DEPOSITION OF
2 DISTRICT OF CRYSTAL COVE FRED JONES
3
4 IN THE MATTER OF A CIVIL SUIT
5
6 COOLSVILLE SCRAPPY LAW OFFICES
7 2103 Monster Hunt Ln.
8 Crystal Cove, LS 10299
9 December 17, 2018
10 The above-entitled came before both attorneys at the hour of 1:15 p.m.
11
12
13 APPEARANCES
14 FOR PLAINTIFF: BRONSON STONE
15
16 FOR THE DEFENDANT: VINCENT VAN GHOUL
17
18
19
20
21
22 The witness here, having been first duly sworn, was examined and testified
23 on her oath as follows:
1
1 The witness here, having been first duly sworn, was examined and testified
2 on her oath as follows:
3 EXAMINATION BY: BRONSON STONE, ATTORNEY FOR PLATINTIFF.
4 Q: What is your name?
5 A: My name is Fred Jones. F-R-E-D J-O-N-E-S
6 Q: Why are you here Mr. Jones?
7 A: I am here to tell the world about the severe emotional distress that my
8 best friend and lover has been going through. Daphne Blake has been hurting,
9 emotionally and physically. She was kidnapped.
10 Q: Are you qualified to give that kind of opinion?
11 A: Of course I am. I have a doctoral degree in counseling from the Holyoke
12 Graduate School.
13 Q: Do you have any other education?
14 A: I had the opportunity to study psychology at Amherst College for my
15 Bachelor’s Degree. I then received my master’s in counseling and license to practice
16 as a therapist at Holyoke Graduate School. After some time, I went back to the
17 graduate school and worked toward my PhD in counseling.
18 Q: How often do you provide counseling services?
19 A: It has been quite some time now. I opened my own therapist service back
20 in 2005 in Crystal Cove. I am the kind of person who truly enjoys helping others
21 through their problems. Some would say that I have broad shoulders because I
22 carry a lot of other people’s personal problems around. But, I am happy to do it.
2
1 Q: Let’s get to why were here today. You think that Daphne is on the verge of
2 breaking down emotionally?
3 A: On the verge? She is already broken. Emotionally.
4 Q: I’m sorry to hear that, it must be hard. Are you being paid to be here?
5 A: Yes. I am being paid $1500 an hour to testify. The therapy was free
6 because Daphne is my friend. This is normal in my industry, except the friend part.
7 Prepping for trial requires a lot of work and I wanted to give both of my opinions
8 today to the best of my ability.
9 Q: Before we move to your opinions in this case, how did you meet Daphne?
10 A: We met in high school and reconnected when I went to graduate school.
11 We were both on the cross country team. Although, Daphne was way better than
12 me. She took first place in the Moose Creek finals. That race was a full marathon,
13 26.2 miles. I was so proud of her.
14 Q: Okay Fred, let’s not get off-topic. We’re here to talk about how your
15 expertise relates to the case. What are your two opinions?
16 A: The first opinion I was asked to give was whether Ms. Blake was actually
17 kidnapped and the second opinion is whether she is suffering from severe emotional
18 distress because of it.
19 Q: And?
20 A: There is no doubt that Ms. Blake was kidnapped. It does not take an
21 expert to figure that out. She has cuts around her wrists, like she was attempting to
22 escape from a pair of handcuffs. Additionally, she had disappeared for 23 days. I
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1 don’t know if she told you, but she has actually put Thorn away before, in maximum
2 security prison. You see, there was already bad blood between the two of them. This
3 kidnapping only happened because of that. It’s not because I was having an affair
4 with Sally. I am a good friend of Daphne, or friend with benefits; whatever. Please
5 don’t ask any questions about that.
6 Q: Okay Mr. Jones, we don’t have to talk about that if you don’t want to.
7 Could you please tell me about your second opinion?
8 A: Yes, glad to move on from all those lies about me cheating. They’re just not
9 true. My second opinion is that Ms. Blake is experiencing severe emotional distress
10 and that distress is a direct result from the trauma she experienced from July 13,
11 2018 to August 4, 2018. Ms. Blake went through 23 days of hell. Imagine being
12 abducted, thrown in the back of a car, driven to the nearest dungeon, and held
13 prisoner against your will. This sounds like a dream from my nightmares. Some
14 would say that dying is a better alternative.
15 Q: You are aware of the nutrition of Ms. Blake right?
16 A: Yeah I am. After Ms. Blake went to the hospital, she received a nutrition
17 report. The only reason I know about it is because she asked me to go with her. I
18 was there when the doctor explained it and have an in-depth knowledge of nutrition
19 because I have been a chef as a hobby for my whole life. I also like to wear tight
20 shirts to show off my muscles. To get the biggest muscles you have to track your
21 macro and micro nutrients.
22 Q: What did the nutrition report say?
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1 A: In essence, it says that Ms. Blake was in a bad condition. Her muscles and
2 bones were weak; so weak that tasks like dressing, walking, or bathing are
3 incredibly difficult. She was deficient is nearly every vitamin necessary to survival.
4 She had extreme weight loss, which has only become worse. The malnutrition was
5 also causing an issue with her kidneys. A deficiency of fluids and electrolytes can
6 cause your kidneys to overwork and affect their ability to function. This can lead to
7 dehydration, joint pain, and heart issues.
8 Q: Have you been having counseling sessions with Daphne?
9 A: Yeah, I hold a session with her nearly every day. We talk about how
10 worthy she is of life and how some people just shouldn’t be in this world. She is
11 struggling the most with the women left behind. She dreams of them being stuck in
12 what she has dubbed, “the puppet-master’s prison.” Being an investigator of
13 mysteries, she is destroying her self-esteem because she can’t help the women. If
14 only she could remember where the prison is, she could help.
15 Q: Do you try to help her remember?
16 A: Once a week we attempt to astral project so that she can put her mind
17 back in the dungeon. Basically, this is a practice in which she visualizes her
18 imprisonment. We do this so she can find the other women who are suffering, before
19 they die.
20 Q: What in the world is astral projection?
21 A: Astral projection is a term used in esotericism to describe an intentional
22 out-of-body experience that assumes the existence of a soul or consciousness called
5
1 an "astral body" that is separate from the physical body and capable of travelling
2 outside it throughout the universe. Basically, this is a practice in which she
3 visualizes her imprisonment. We do this so she can find the other women who are
4 suffering, before they die.
5 A: Don’t you think that might be contributing to her emotional distress?
6 Q: Absolutely not. She needs to find them to pull herself out of her
7 destructive behavior. Looks like we got another mystery on our hands.
8
9 Signed and Sworn by,
10 ______
6
1 SCRAPPY LAW OFFICES DEPOSITION OF
2 DISTRICT OF CRYSTAL COVE VELMA DINKLEY
3
4 IN THE MATTER OF A CIVIL SUIT
5
6 COOLSVILLE SCRAPPY LAW OFFICES
7 2103 Monster Hunt Ln.
8 Crystal Cove, LS 10299
9 December 21, 2018
10 The above-entitled came before both attorneys at the hour of 9:00 a.m.
11
12
13 APPEARANCES
14 FOR PLAINTIFF: BRONSON STONE
15
16 FOR THE DEFENDANT: VINCENT VAN GHOUL
17
18
19
20
21
22 The witness here, having been first duly sworn, was examined and testified
23 on her oath as follows:
1
1 The witness here, having been first duly sworn, was examined and testified
2 on her oath as follows:
3 EXAMINATION BY: VINCENT VAN GHOUL, ATTORNEY FOR
4 DEFENDANT.
5 Q: Please introduce yourself and spell your name for the court reporter.
6 A: My name is Velma Dinkley. V-E-L-M-A D-I-N-K-L-E-Y
7 Q: Where are you from?
8 A: Born and raised in Crystal Cove.
9 Q: What is your occupation?
10 A: I am a detective with the Special Victims Unit.
11 Q: Just so that I understand, what is the Special Victims Unit?
12 A: In the criminal justice system, kidnapping-based offenses are considered
13 especially heinous. In Crystal Cove, the dedicated detectives who investigate these
14 vicious felonies are members of an elite squad known as the Special Victims Unit.
15 Following is my story.
16 Q: How long have you been a detective?
17 A: Ever since 1978. I began as a regular officer, driving around handing out
18 tickets or even handling domestic violence issues. Since then, I have moved up the
19 ranks because of my relentless dedication to upholding justice. I am proud to say
20 that I have been assigned to 49 mysteries and I solved every single one. About half
21 of them related to kidnapping. The craziest case was when I caught Ben Ravencroft.
22 He was so good that he convinced me I was in love with him even though he was a
2
1 serial murderer. I didn’t know that at the time. But I got him, that’s what counts.
2 Q: Have you received any awards?
3 A: I received the Norman J. Sloan award. It is the highest award available
4 from the World Association of Detectives.
5 Q: You’re here today because you think Sally “Thorn” McKnight couldn’t have
6 kidnapped Ms. Blake, right?
7 A: In my professional and expert opinion, it would have been impossible for
8 Ms. McKnight to kidnap Daphne Blake. Ms. McKnight broke her right femur three
9 days before the alleged kidnapping while snowboarding in Lake Tahoe, Nevada. It
10 was a really bad break too. There is no way that she could have wrestled someone to
11 the ground like Daphne said. Well, unless she had an accomplice, but that’s still
12 incredible unlikely. She should be in a wheelchair.
13 Q: How in the world could somebody kidnap Daphne if they had a broken leg?
14 A: That’s what I am saying. It could not have happened. Not the way the
15 Daphne said.
16 Q: What motivations could someone have for framing Sally?
17 A: Well, money could be a motivation. But more likely than that is a romantic
18 relationship went bad. I bet someone got betrayed and then they got angry. Just a
19 hunch though. I get a lot of those, hunches.
20 Q: Are you familiar with where Sally was in the 23 days following the alleged
21 kidnapping?
22 A: Yeah, through my investigation I found out that Sally was on tour with
3
1 her band, The Hex Girls. Actually, I was even given a flier of the concert they
2 played at. It sounded pretty jinkies. By saying jinkies, I mean pretty groovy.
3 Q: Tell me more about Sally’s tour. Could you do that?
4 A: Yeah. I am certain that Sally was performing on stage because I watched
5 her performance on national television. She was sitting down on some sort of
6 wheely-chair and jamming out on the guitar. Honestly, she was really good. If given
7 the opportunity, we could be friends. I play the clarinet and we could jam.
8 Q: What else did you find from your investigation?
9 A: How about more like what I didn’t find. I went to the spot next to the
10 theme park where she claims she got wrestled to the ground and I found nothing.
11 Q: Are you saying that you didn’t find any DNA of Daphne or Sally at the
12 scene of the alleged crime?
13 A: None at all. I received a specific description of where Daphne claims she
14 got wrestled to the ground and grabbed a sample of that gravel. After running the
15 DNA analysis at the SVU lab, we didn’t get a hit. The only hit we got was from a
16 dog named Scooby-Doo. It didn’t make any sense. I have never seen a dog in our
17 DNA database. Maybe the dog works for the government.
18 Q: How would a dog show up in your database?
19 A: The only way that would happen is if the dog was vicious or they were a
20 drug dog. We put our drug dogs in there so if they get stolen we can track them
21 down. We put a lot of work into them and love them dearly.
22 Q: You found some broken glasses with a little blood on them at the scene
4
1 though, didn’t you? At the entrance of the theme park?
2 A: Yeah, I mean maybe. If I did find anything like that, why would I care? It’s
3 not like Daphne or Fred wears glasses. They told me so. Honestly, who wears
4 glasses these days anyway. Contacts are what the hip kids wear. I don’t want to
5 look like some out-of-touch dork.
6 Q: Do you wear contacts Ms. Dinkley?
7 A: Of course I do. Although, I haven’t always worn them. I recently changed
8 to contacts. They fit me better. I was told that I look prettier without them.
9 Q: What else did you do during your investigation?
10 A: I went north of civilization, north of the city that is, and checked out the
11 general area where Daphne said she was running from. I guess I have to give a
12 little background before this makes sense though. Literally no one lives that
13 direction, it’s just barren plains as far as 10 miles in every direction. I scouted the
14 area for a total of 20 hours over 2 full days. I did not see a single footprint anywhere
15 and no trees were found. Maybe she ran more than 10 miles back home but I doubt
16 it. She is a little thing and probably would have torn up her feet. I didn’t hear of any
17 torn up feet.
18 Q: What else did you do?
19 A: Sally and I went to get lunch so that I could continue my investigation.
20 She was distraught over this whole thing. She told me that her and Daphne went to
21 high-school together and Daphne is probably still mad about the Fred thing. Fred
22 has been known to be involved in love triangles. Essentially, dating two girls at a
5
1 time. Apparently neither of them knew about it back then and Fred ended up
2 picking Daphne over Sally. I’m not sure who should be more upset about it. Daphne
3 won the man, but Sally ended up alone to this day. I’m pretty sure that one of
4 Daphne’s classmates just told her that Fred cheated on her in high school but I’m
5 not entirely sure because that sounds like one big rumor to me.
6
7 Signed and Sworn by,
8 ______
6
1 SCRAPPY LAW OFFICES DEPOSITION OF
2 DISTRICT OF CRYSTAL COVE NORVILLE ROGERS
3
4 IN THE MATTER OF A CIVIL SUIT
5
6 COOLSVILLE SCRAPPY LAW OFFICES
7 2103 Monster Hunt Ln.
8 Crystal Cove, LS 10299
9 December 28, 2018
10 The above-entitled came before both attorneys at the hour of 10:45 a.m.
11
12
13 APPEARANCES
14 FOR PLAINTIFF: BRONSON STONE
15
16 FOR THE DEFENDANT: VINCENT VAN GHOUL
17
18
19
20
21
22 The witness here, having been first duly sworn, was examined and testified
23 on her oath as follows:
1
1 The witness here, having been first duly sworn, was examined and testified
2 on her oath as follows:
3 EXAMINATION BY: VINCENT VAN GHOUL, ATTORNEY FOR
4 DEFENDANT.
5 Q: Please spell and state your name for the record.
6 A: My name is Norville “Shaggy” Rogers. N-O-R-V-I-L-L-E R-O-G-E-R-S
7 Q: How do you know Sally?
8 A: Oh, Sally and I go way back. I knew her in high school but really did not
9 have any meaningful connection with her until recently. I was partying in Crystal
10 Cove a few weeks ago when we reconnected. Sally is beautiful but she was already
11 hooking up with someone else, a guy with really broad shoulders. So, because of
12 that, I decided I would pick up on her gorgeous redhead friend, Luna. She is the
13 back-up singer and keyboardist for the Hex Girls, a popular ego-goth band.
14 Q: What can you tell me about Luna?
15 A: Not too terribly much, other than the fact that those Hex Girls are a tight
16 bunch. Oh, and I am madly in love with Luna. So much so I have even considered
17 proposing. Those girls are always traveling together and putting on the grooviest
18 concerts. All three of them—Thorn, Luna, and Dusk make for a hell of a band. They
19 are the closest of friends. And yes, those are their real names.
20 Q: Do you know Daphne?
21 A: Actually I do. We used to solve the most wonderful mysteries together.
22 Catching bad guys was kind of our thing. We are super close.
2
1 Q: So you are super close, yet you are still testifying against her today?
2 A: Unfortunately, yes. Finding the truth is incredibly important to me and it
3 goes beyond any friendship I may have. I’m not going to let Sally get wronged like
4 this. Especially when she did nothing to deserve it.
5 Q: Why do you think that?
6 A: Well, in my opinion, Daphne is faking the whole kidnapping thing, just
7 like she always has. She has to be the center of attention. It was the same song and
8 dance in high school. Whenever the whole Fred and Sally fiasco went on, she faked
9 a serious illness. She claimed she had the coronavirus and needed serious medical
10 attention. I went to visit that hospital she posted on social media; and the truth is,
11 she wasn’t even there. She made the whole thing up to get Fred to take her back.
12 Q: Do you still solve mysteries with her?
13 A: Lately she hasn’t been feeling up to it. Honestly though, she is probably
14 faking it again. No surprise. She was never very good at the job and was always
15 prone to danger. In my opinion, she is just fed up with the monsters getting away.
16 Q: Are you familiar with what Sally was doing following the night of July 13?
17 A: I am. In fact, I was on vacation with her. I wasn’t trying to spend time
18 with her alone but she decided to tag along with my girlfriend Luna and I. We were
19 in the Maldives from July 15th until July 21st at one of those water cabanas. She
20 had some concert that she had to be back for on the 22nd so we cut the trip short.
21 Q: Are you familiar with the broken leg that Sally allegedly had?
22 A: Well, she was in the hospital right after she broke her leg and decided to
3
1 go on the vacation anyway. She is a pretty hardcore chick. Anyway, after we got
2 back from the Maldives, she did one of her shows and afterward insisted on going
3 back to the hospital multiple times for check-ups. There are some hospital records
4 documenting that. Although, there was something fishy going on because I saw
5 Sally dancing around on stage after she got up from her wheelchair. How could
6 someone dance after they broke their femur? Weird stuff my man.
7 Q: Is there anything else you can tell me about Daphne?
8 A: I mean, there is something. She has been at a trial before, involving a
9 similar issue with one of her friends. Her friend was suing some boyfriend over a
10 domestic dispute. The friend actually ended up winning two million dollars for
11 battery. Her boyfriend was rich though so he didn’t care that he lost the case. What
12 does matter—is that Daphne testified in that case and lied while she was doing it.
13 She was convicted of perjury. That is the opposite of groovy.
14 Q: Did Sally tell you anything while you two were on the trip?
15 A: It was deep man. Maybe too deep for this kind of conversation.
16 Q: Can you please tell me? It’s super important.
17 A: I guess so bro. You gotta keep it a secret though. Sally told me that she
18 didn’t want to be Fred’s mistress anymore. In fact, she stopped having sexual
19 relations with that man because he was, and I quote, “dumb as a doorknob.”
20 Q: Do you know anything else about Fred?
21 A: Yeah, I mean just normal stuff. Like he was struggling financially and
22 wouldn’t buy Sally the guitar that she so desperately needed to really elevate her
4
1 performance. He was hurting for money according to her.
2 Q: Before I leave today, is there anything else you can tell me about Daphne?
3 A: I don’t know if I want to say this, but Daphne is literally insane. She has
4 self-inflicted wounds before for Fred’s attention. She has always wanted Fred’s
5 attention. Ever since they were little kids. Why couldn’t it be me man. She’s pretty.
6 Q: Do you have trouble with the ladies?
7 A: Of course not! They love my shaggy hair and the way I do that early 2000s
8 hair flip. That’s how you get the girls my friend, the sexy hair flip.
9 Q: I’m not sure that’s relevant to our discussion, but duly noted. Did you have
10 any texts between yourself and Fred?
11 A: I did, we texted back and forth talking about Daphne. Daphne, Fred, and
12 myself were also in a group text at one point, but I’m not sure why. It was a really
13 weird group chat; I didn’t understand it nor did I reply. Fred said that they were
14 going to pull the trigger. Not sure what that means, but it doesn’t sound good.
15 Q: Was anyone else in that conversation?
16 A: Yeah, Daphne was. She sent some weird meme. You know what that is
17 right? Eh, you probably don’t. You’re pretty old.
18 Q: Norville, please get back on track. You understand that Daphne claims she
19 was kidnapped right? And that is a serious allegation?
20 A: I understand dude, calm down. I’m not certain she’s lying, but it definitely
21 is a possibility. Shaggy out.
22
5
1 Signed and Sworn by,
2 ______
6
Exhibit 1
Exhibit 2
Exhibit 3
No. CR-12-2014
STATE OF LONE STAR § IN THE DISTRICT § COURT § § v. § IN AND FOR § § § § SALLY MCKNIGHT § CRYSTAL COVE Defendant. § COUNTY, § LONESTAR
INDICTMENT: CONSPIRACY TO COMMIT GRAND THEFT AUTO
IN THE NAME AND BY AUTHORITY OF THE STATE OF LONE STAR:
THE GRAND JURY, for the County of CRYSTAL COVE, State of LONE STAR, impaneled, sworn, charged, and organized as such by the District Judicial Court for said County at the July term of 2014 of the said court, upon their oaths present in and to said Court that SALLY MCKNIGHT, hereinafter styled Defendant, on or about the 28th day of November A.D., 2014, and before the presentment of this indictment in the County and State aforesaid, did then and there intentionally attempt to steal 50 different exotic cars in a time period of 24 hours. Said theft was of limited editions of the top brands in the United States and Europe. Theft was thwarted before completed because detectives found a black-light list of the cars their intended to steal in their warehouse. Defendant denied the crime.
AGAINST THE PEACE AND DIGNITY OF THE STATE,
Aang Iroh ______Aang Iroh
Foreperson of the Grand Jury
Exhibit 4
CONVICTION OF DAPHNE BLAKE: PERJURY
______
Definition: Committing perjury is a violation of Texas state law. One commits perjury by making a false statement (either oral or written) while under oath or when swearing to the truth of a previous false statement that was either made under oath or required to be made under oath (such as a written statement). In order to prove a case for perjury, prosecutors must prove that the defendant made the false statement with the intent to deceive and with knowledge of the statement's meaning. ______
On the 12th day of December, 2013, DAPHNE BLAKE came before my court in a criminal prosecution for murder. RICKY OWENS was on trial for the murder of JANET NETTLES. CASSIDY WILLIAMS and DAPHNE BLAKE were pivotal pieces in the PROSECUTION case. Both women provided testimony of RICKY OWENS’ involvement in a brutal beating that resulted in death. Testimony was related to the manner in which RICKY OWENS committed the crime and discredited his alibi. Both DAPHNE BLAKE and CASSIDY WILLIAMS were found to have perjured themselves on stand. They did so by lying about their whereabouts at the time the murder occurred. Additionally, they testified that RICKY OWENS was not with them when the murder occurred. Direct evidence put RICKY OWENS in a different location during that time. Specifically, that he was with DAPHNE BLAKE and CASSIDY WILLIAMS at the time the murder occurred. Because of this, DAPHNE BLAKE is convicted of perjury and must experience the full penalty of the law to deter further chicanery practices. ______
SENTENCING
On this 30th day of June, DAPHNE BLAKE is guilty of perjury. Sentencing includes: 1. Two months of state jail time with time served; 2. Four professional ethics classes to last no longer than two weeks each; 3. Public apology letter to all parties involved in the lawsuit; and 4. A fine of $3,500. So ordered on the 30th day of June, 2014
______JUDGE FLIM FLAM
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8 SUMMARY NUTRITION REPORT DAPHNE BLAKE CRYSTAL COVE HOSPITAL DATE and HOUR of NUTRITION EVALUATION 08/04/18 11:38 PM
EVALUATION COMPLETED BY: Dr. Thistle, M.D.
Assistant: Judy Reeves, M.D.
PATIENT INFORMATION Name: Daphne Blake Patient ID: 1204603 DOB: 03/04/1988 Age: 31 Race: Caucasian Sex: Female Case #: N29539H0 Weight: 103lbs VITAMIN EVALUATION VITAMIN A DEFICIENT VITAMIN B DEFICIENT VITAMIN C DEFICIENT VITAMIN D DEFICIENT VITAMIN E DEFICIENT VITAMIN K DEFICIENT REPORT: Ms. Blake exhibited signs of dehydration. Additionally, Ms. Blake was grossly underweight. Upon a thorough physical evaluation, it is my opinion that Ms. Blake is in an unhealthy physical state. During my examination, physical tests were completed that resulted in an unusual finding. Ms. Blake, based on the deficiencies and malnutrition, struggled to complete even physical tasks that only required minimal physical effort. In fact, Ms. Blake found these tests very challenging. Essentially, her bones are weak. Additionally, I ran vitals and bloodwork on Ms. Blake and have found that she suffers from kidney degenerative disease.
Exhibit 9
OAKHAVEN LABS CRYSTAL COVE COUNTY Exhibit 10 SAMPLE TESTED: GRAVEL DNA TEST REPORT
Case 8197346 DAPHNE FRED SCOOBY GRAVEL BLAKE JONES DOOBY Test No. 3469 DOO Locus PI Allele Sizes Allele Sizes Allele Sizes D3S1358 1.91 16 12 14 vWA 0.00 18 18 17 D16S539 3.86 10 11 12 11 14 17 CSF1PO 0.00 10 10 10 TPOX 0.96 8 11 6 11 7 11 D8S1179 0.00 11 12 19 12 21 12 D21S11 0.00 28 29 21 26 8 29 D18S51 0.00 14 18 14 18 7 36 D2S441 1.02 12 14 12 14 10 16 D19S433 0.00 12 14 12 11 15 14 TH01 0.97 8 9.3 8 9.3 8 42 FGA 2.67 19 25 13 25 4 25 D22S1045 0.70 15 16 11 16 19 16 D5S818 1.43 12 14 6 D13S317 0.00 11 10 9 D7S820 0.91 10 12 11 12 8 12 SE33 0.00 20 22.2 24 27.2 12 20 D10S1248 0.00 15 16 11 16 1 10 D1S1656 0.00 12 17.3 17 17.9 9 11.3 D2S1338 0.00 21 21 21 Amelogenin X Y X Y X Y
Interpretation: DNA results based on a standard model. All analysis was done free from contamination and human error. DNA was run on state-of-the-art analysis equipment with a standard of error rate equaling .029 percent.
Data revealed no sign of human DNA. The gravel samples requested to be tested showed no signs of human contamination. This is a peculiar finding as an average scientist would assume there would be trace DNA from the patrons constantly visiting Spooky Island. Regarding the actual people tested, no DNA from Fred Jones nor Daphne Blake was found.
Unusual results dictate that DNA of a dog was found on the gravel. This lab does not often run DNA from mammals other than humans, but we still got a quality hit. Scooby Dooby Doo was found to be a 100% match. That dog must have been at or near Spooky Island at some point within the last 90 days.
Exhibit 11
No. CR-01-2020
DAPHNE BLAKE § IN THE DISTRICT Plaintiff, § COURT § § § § IN AND FOR v. § § § § SALLY MCKNIGHT § CRYSTAL COVE Defendant. § COUNTY, § LONE STAR
FINAL JURY INSTRUCTIONS
Members of the jury, I shall now instruct you on the law that you must follow in reaching your verdict. It is your duty as jurors to decide the issues, and only those issues, that I submit for determination by your verdict. In reaching your verdict, you should consider and weigh the evidence, decide the disputed issues of fact, and apply the law on which I shall instruct you to the facts as you find them, from the evidence.
The evidence in this case consists of the sworn testimony of the witnesses, all exhibits received into evidence, and all facts that may be admitted or agreed to by the parties. In determining the facts, you may draw reasonable inferences from the evidence. You may make deductions and reach conclusions that reason and common sense lead you to draw from the facts shown by the evidence in this case, but you should not speculate on any matters outside the evidence.
In determining the believability of any witness and the weight to be given the testimony of any witness, you may properly consider the demeanor of the witness while testifying; the frankness or lack of frankness of the witness; the intelligence of the witness; any interest the witness may have in the outcome of the case; the means and opportunity the witness had to know the facts about which the witness testified; the ability of the witness to remember the matters about which the witness testified; and the reasonableness of the testimony of the witness, considered in light of all the evidence in the case and in light of your own experience and common sense.
To find the defendant liable of “intentional infliction of emotional distress” you must find from a preponderance of the evidence: (1) that Sally McKnight acted intentionally or recklessly, (2) that her conduct was extreme and outrageous, (3)
1
that the conduct caused Daphne Blake emotional distress, and (4) that the emotional distress was severe.
To find for the plaintiff, you must find the above elements by a preponderance of evidence. In that regard, you are instructed that plaintiff Daphne Blake has the burden of proof on the intentional infliction of emotional distress claim, meaning that Daphne Blake must convince you by the preponderance of the evidence that Daphne Blake was kidnapped by Sally McKnight and as a result of that kidnapping she experienced severe emotional distress.
If you find by the preponderance of the evidence that the actions of Sally McKnight were intentional or reckless, that she acted with extreme and outrageous conduct, and that conduct caused severe emotional distress on Daphne Blake, then you must find Sally McKnight liable for intentional inflicted emotional distress on Daphne Blake. If you so determine, you must find for Daphne Blake and indicate your decision on the verdict form. After you have deliberated, tell the bailiff that you are ready to return to the courtroom. Should you find for Daphne Blake, you will return to the courtroom and hear from additional witnesses and presentations from attorneys concerning damages that may or may not be awarded.
At this point in the trial, you, as jurors, are deciding whether Daphne experienced intentional infliction of emotional distress, To do so, you must find that the actions of Sally McKnight were the proximate cause of the intentional infliction of emotional distress.
You are instructed that the term “proximate cause” means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event.
If Sally McKnight’s actions were not the proximate cause of the emotional distress, or you fail to find a single element required in the intentional infliction of emotional distress claim, you must find for the defendant, Sally McKnight.
Your verdict must be based on the evidence that has been received and the law on which I have instructed you. In reaching your verdict, you are not to be swayed from the performance of your duty by prejudice, sympathy, or any other sentiment for or against any party. When you retire to the jury room, you should select one of your members to act as foreperson, to preside over your deliberations, and to sign your verdict. You will be given a verdict form, which I shall now read and explain to you.
2
(READ VERDICT FORM)
When you have agreed on your verdict, the foreperson, acting for the jury, should date and sign the verdict form and return it to the courtroom. You may now retire to consider your verdict.
3
No. CR-01-2020
DAPHNE BLAKE § IN THE DISTRICT Plaintiff, § COURT § § v. § IN AND FOR § § § § SALLY MCKNIGHT § CRYSTAL COVE Defendant. § COUNTY, § LONE STAR
VERDICT
WE, THE JURY, RETURN THE FOLLOWING VERDICT:
1. Do you find that Sally Thorn McKnight’s actions proximately caused intentional infliction of emotional distress to Daphne Blake?
YES ______NO ______
CERTIFICATE
We the jury have answered the above and foregoing question as herein indicated, and herewith return same into Court as our verdict.
______Presiding Juror