Reference no: EM133212752
Howard Rich and Johnny Pauper were arrested and charged with homicide, conspiracy to commit homicide, robbery, and conspiracy to commit robbery. The prosecution alleges that on the date of February 12, 2010, Rich and Pauper entered into a CVS Pharmacy where they both approached the cash register attendant whose name was Ben Lion. The prosecution contends that Rich and Pauper proceeded to tell Lion to empty the contents of the register into a sack. While Lion was attempting to comply, Rich told Pauper to "shoot him." Pauper shot one shot hitting Lion in the face with the bullet and killing him instantly. The prosecution alleges that Rich and Pauper stole $200 from the cash register that day. The prosecution also alleges that after the homicide, Rich and Pauper fled in a white vehicle. A patrol officer stopped them later that day for a traffic violation not realizing the suspects were the same ones wanted for questioning in the homicide. During the stop the officer observed blood on the clothes of both defendants and asked them to step out of the vehicle and place their hands on the roof of the car. Pauper complied but Rich told the officer he needed a search warrant. The officer forcibly removed Rich from the vehicle. The officer found a handgun in the glove compartment and also found $200 in Rich's pant pocket.
Pauper is being represented by the public defender. Rich comes to you as his attorney and asks you to advise him with respect to the criminal process. Rich wants to know what he can expect from the criminal process from beginning to end. In addition to what the prosecution alleges above, Rich tells you the following at your initial meeting:
He has no prior criminal history.
He has been diagnosed with Borderline Personality Disorder and has struggled with alcohol and drugs most of his life.
Pauper has been convicted of driving under the influence and robbery two years ago.
As you advise your client, Rich, instruct him as to what could occur based on the facts above. Your answer should be separated into three parts: pre-trial, trial, and post-trial stages. In your answer tell Rich who would be successful at each of these stages and why.