CR - The People vs. Sean Collins

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The Crime

On or about Dec. 1, 2015, Daniel Kakaku and Katerina Markov, a small child, were murdered in their room. Video evidence shows Sean Collins attacking them with a sword.



Evidence / Testimony

Autopsy Report


[20:34] <Det. Ema Skye> [Bar] Okay so we can confim Kakaku was impaled and cut in half by a sharp blade.
[20:35] <Det. Ema Skye> [Bar] Katerina was stabbed in the heart. Residual "Silence" energy was found.


Condition of the Defendant

[21:09] <Det. Ema Skye> [Bar] According to Torchwood, his arm was fractured at the time.
[21:11] <Det. Ema Skye> [Bar]BUT being a Satrunian and thus stronger, if he was pumping with Adrenalin, it's possible he could block out the pain and heft her anyway with that level of fracture.

Franziska's Organizer

Trial Procedure

Charges and BOP

(based on Fla. Stat. 728.04)

First Degree Murder Must prove Beyond Reasonable Doubt:

  • The unlawful killing of a being
  • When perpetrated from a premeditated design to effect the death of the person killed or any being


Second Degree Murder Must prove Beyond Reasonable Doubt:

  • The unlawful killing of a being
  • when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life
  • although without any premeditated design to effect the death of any particular individual


Burden to show Not Guilty by Insanity

  • Before this defense can be raised there mut be a pretrial hearing to determine if Defendant is even competent to stand trial. Defendant Must:
    • Understand that the proceedings are against him;
    • That he is being tried for a crime and understands the consequences of being charged;
    • Understands the roles of the members of the court;
    • Is able to effectively assist his attorney.


  • If the Defendant is found guilty as above then proceedings for the insanity determination can proceed:
    • As under Fla. Stat. 775.027, defendants are presumed sane. They have to overcome this by showing with Clear and Convincing Evidence:
      • the defendant had a mental infirmity, disease, or defect; and because of this condition, the defendant:
        • Did not know what he or she was doing or its consequences; or
        • Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.


"REASONABLE DOUBT" EXPLAINED:


  • The standard of proof beyond a reasonable doubt is inextricably intertwined with that principle fundamental to all criminal trials, the presumption of innocence.
  • The burden of proof rests on the prosecution throughout the trial and never shifts to the accused.
  • A reasonable doubt is not a doubt based upon sympathy or prejudice, and instead, is based on reason and common sense.
  • Reasonable doubt is logically connected to the evidence or absence of evidence.
  • Proof beyond a reasonable doubt does not involve proof to an absolute certainty. It is not proof beyond any doubt, nor is it an imaginary or frivolous doubt.
  • More is required than proof that the accused is probably guilty. A jury which concludes only that the accused is probably guilty must acquit.

Unanswered Questions

  • Can we confirm the blade he pulled in the restaurant was the same one seen on the video? (They look the same but put out different wound patterns-- since it looks like energy is put out by the blade it doesn't really matter)

Ema's notes

  • Sean has a form capable of teleportation.
  • He can summon his weapon
  • He was not monitored between the time he says he left Greenstone Manor and came to the HOTEL
  • He can use simple Silence-based attacks such as seen in the video without dying.
  • The Blade Sean has now looks like the one in the footage and the cafe but it made a totally different wound pattern and put out less energy than the one that killed the victims.
  • Yet the footage appears pristine and untouched and sims based on it give out wounds that match the victims. It looks like energy from the blade widened the wounds. Could adrenalin and rage have widened them during the attack and not been present in the controlled test of the blade?

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