Don't fear the Reaper? Cape kids turned lawyers at trial (Printed Dec. 14, 2007)


By Amanda Estes

Staff Writer

 It was a legendary prank, pulled off without a hitch for two consecutive years.

At precisely midnight, a hooded and masked figure dressed as the Grim
Reaper enters a room full of Halloween revelers. The shadowy figure
walks through the room, carrying a tray of drinks. Studying the guests,
the Reaper raises his arm and points a long, bony finger at the chosen
ones, beckoning them to come forward and receive a drink. Inevitably,
the party goer to receive the last mysterious drink begins to act
strangely and seems to lose control. The college students behind the
prank said no one was supposed to get hurt.

But on the night of Oct. 31, 2006, Oliver Holmes, a college student, met his end after the Reaper’s visit.

An expectant hush fell over the packed courtroom of the Cumberland County Courthouse.

Defendant Pat Quinn, a 24-year-old fellow student at Dirigo University
and “heavy partier” was charged with one count of manslaughter and one
count of criminal conspiracy for allegedly playing the Reaper and
giving the unknowing Holmes a drink spiked with liquid ecstasy or MDMA.
According to the autopsy results, Holmes died from a MDMA overdose.

The defense countered Holmes had health problems and an unidentified
substance in his stomach and that both could have been factors in his
death. Emily Tarbell-Reynolds, Quinn’s attorney, said her client played
the part of the Reaper at previous parties, but had renounced the prank
prior to the 2006 party. It was Quinn’s roommate, Lee Yorke, who
insisted the prank go on and that Holmes be the target, she said.

Yorke and Chris Barber, another roommate at the off-campus house they
called “the Crypt,” were also charged in the case. Yorke, who admitted
it was her job to purchase liquid MDMA before each party, pled guilty
to lesser charges of conspiracy to commit aggravated furnishing of a
scheduled drugs and serving alcohol to minors in exchange for her
testimony. Yorke’s sentencing was postponed until after Quinn’s trial.
Barber, who was responsible for making sure the target came to the
party, pled guilty to serving alcohol to minors, her only charge.

When questioned by Libby Cummings, prosecution witness Detective Jamie
Marks, said when she arrived on the scene and questioned Quinn, he
said, “Alright, alright, that is my costume. I am the infamous Grim
Reaper.”

Dr. Jordan Mitchell, a Quinn family friend, said he attended the party
and Holmes seemed fidgety and “high on something” from the moment he
arrived. Mitchell also testified he saw Yorke carrying a “black bundle”
under her arm.

 Maine Supreme Court Chief Justice Leigh Saufley asked the entire
court to raise their hands if they would have convicted Quinn of
manslaughter. Then Saufley asked those who would have acquitted Quinn
of the charges to raise their hands.

Saufley was not testing a new method of handing down verdicts, but
rather she was presiding over the Dec. 6 final round of the State Mock
Trial Championship, sponsored by the Maine Bar Association.

Cape Elizabeth High School (CEHS) and defending champion Hampden
Academy competed in two unscripted trials during which both teams had
the opportunity to act as the prosecution and the defense. Saufley, as
well as University of Maine School of Law Dean Peter Pitegoff and trial
attorney Thomas Marjerison, awarded one to 10 points for individual
performance – judging attorneys on criteria including opening
statements and objections and judging witnesses on the believability of
their performance and their knowledge of facts. CEHS student Eric
Shaw’s portrayal of Barber as a mellow partier drew some quiet giggles
from the court. He drew more laughter when he said he was employed as a
male model.

Hampden Academy junior Jason Hamilton portrayed Pat Quinn in the first
trial and was visibly frustrated during his testimony, as if he were
really concerned about his future.

 “I do what I can to bring a lot of passion to the part,” Hamilton
said after the first trial. Cape Elizabeth brought the “closest match,”
Hampden had seen so far, Hamilton said.  

While Hampden Academy walked away with the championship title, the
judges said both teams were wonderful to watch. Addressing the smartly
dressed students, Saufley said this year’s case had “some great
complexities [and] juicy issues of reasonable doubt” and said she was
impressed with the teams’ approaches to objections, particularly the
surprise objections that forced the attorneys to think on their feet.

CEHS senior Bethany O’Meara, who played a defense attorney in the
second trial, said she doesn’t put a lot of emphasis on winning or
losing, but called the Hampden team, “formidable opponents.”

The competitions are first-hand learning experiences and O’Meara
critiqued her Cape Elizabeth team’s performance and said it seemed
stronger in the prosecutorial role. She admitted she had to change her
closing statement after the Hampden prosecution alleged Yorke and
Holmes were competing drug dealers, information that failed to rise to
the surface during the first trial.

Attorney coaches Richard O’Meara – Bethany O’Meara’s father – and
Nicole Bradick and CEHS teacher Mary Page oversaw the 23-member team.

When it came to learning the ins and outs of the case, Page said the
team’s goal was to rely less on paper and more on memorization. Between
the testimonies, exhibits and statutes, students have to memorize the
better part of 80 pages, she said. It’s something they do outside of
school, just for fun, Page said.

 “They all did an outstanding job and we’re going to see if we can get to the finals next year and win,” Page said.




 

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