People v. Chris Biggs - Michigan Center For Civic Education

People v. Chris Biggs

Michigan High School Mock Trial Tournament 2004

Materials

2004 Michigan High School Mock Trial Tournament RULES

Introduction

This Mock Trial case was developed for the 2004 Michigan High School Mock Trial Tournament. For information about the MHSMTT Rules or information about Mock Trial in general, contact the Michigan Center for Civic Education at [email protected]. We are grateful to Street Law, Inc. for the use of their mock trial case State of New Columbia v. Chris Archer, which has been adapted considerably to serve as this year’s problem, State of New Columbia v. Chris Biggs.

Summary:

All Chuck Sherman wanted to do was join the marching band’s drum line. Since grade school, his favorite part of any parade or halftime show was the beat of the drums. In the summer of 2003, Chuck went to band camp on a mission… a mission to be accepted onto the line, and to enjoy all of the benefits of the increased social status that came with it. But Chuck didn’t end up on the drum line. Chuck didn’t even end up in the band. Chuck ended up dead after a fall from a 26-foot clock tower.

Was Chuck’s death the result of illegal hazing committed by Chris Biggs, the section leader for the drum line, or was it the result of Chuck’s under-age drinking?


M. Case Materials

Case No. C42-0881 The People of the State of New Columbia v. Chris Biggs IN THE DISTRICT COURT FOR THE STATE OF NEW COLUMBIA


Statement of Stipulated Facts

All parties to this action do hereby agree and stipulate to the accuracy of the following facts: On August 15, 2003, 16-year-old Chuck Sherman died as a result of a 26-foot fall from the clock tower located in the student center of Columbus University. His death occurred during an activity as part of the Great Falls High School Band Camp. Sherman was seeking admission to the marching band’s drum line. Sherman was going to be a sophomore at Great Falls High School in the fall. The marching band enjoys great esteem at Great Falls High School, having won many state and national awards for excellence. Members of the drum line in particular are known for having high social standing in the school. Sherman was eager to become a part of this group, like his aunt, Sarah Connor, had been in the 90’s.

Members of the drum line at Great Falls High School are selected by the upperclassmen

on the line, with final approval by the band director. For under-classmen trying out for the drum line, band camp is known as “Hell Week.” During Hell Week, under-classmen are given various tasks by the line’s upper-classmen, which they must complete if they want to be considered for membership. The defendant, Chris Biggs is the section leader for the drum line, and was in charge of planning 2003 initiation activities. On the last night of camp, known as “Hell Night,” all under-classmen trying out for the drum line were blindfolded while inside of the dorm in which they were staying. Then they were to be led, one at a time, outside of the dorm to perform one last task before they were informed who had made it into the drum line and who had not. While Sherman was outside and blindfolded, the defendant whispered something into his ear. Shortly thereafter, Sherman grabbed the band’s flag, ran to the student center and up to the clock tower. It was from the top of the clock tower that he fell.

At the time of his death, Sherman’s blood alcohol content was 0.10. The level of legal intoxication is 0.08.


Charges and Defense

The State of New Columbia charges Chris Biggs with the following violations of the New Columbia Code:

Count 1 - 1st degree murder in violation of §2-745 Count 2 - Criminal hazing in violation of §4-1213

Chris Biggs denies all charges, claiming that the death of Chuck Sherman was accidental and solely the direct result of Mr. Sherman’s own actions.

Witnesses To Appear Before the Court

For the State: For the Defense: * Pat Hannigan * Chris Biggs * Dr. Alex Scott * Jesse Thomas * Taylor Reid * Dr. Jordan Klein

Additional Stipulations The parties have stipulated to the authenticity of the following items:

1. August 7th memorandum sent to the students of Great Falls High School and the note to Chris Biggs written by Jesse Thomas.

2. The “Alcohol Chart” submitted by Dr. Alex Scott. This chart is accepted as an

official publication and is used nationwide by experts in alcohol abuse. The parties reserve the right to dispute any other legal or factual conclusions based on these items and to make objections to these items based on evidentiary issues.


Applicable Law

NEW COLUMBIA CRIMINAL CODE §2-745: First Degree Murder

a) First degree murder is the deliberate and premeditated unlawful killing of a human being. Premeditation means that the defendant actually reflected on the idea of killing, if only for a brief period.

b) First degree murder is punishable by life imprisonment. c) There is no death penalty in New Columbia §2-746: Second Degree Murder

a) Second degree murder is the unlawful killing of a human being with malice aforethought. Malice aforethought may be expressed or implied. *

b) Malice aforethought exists if the defendant has any of the following states of

mind: (I) Intent to kill (“express” malice) (ii) Intent to inflict great bodily injury (iii) Reckless indifference to an unjustifiably high risk to human life (iv) Intent to commit a felony *In the case of (ii), (iii), or (iv), the malice is “implied” (assumed)

c) Second degree murder is punishable by a maximum period of imprisonment not less than 20 years and not to exceed a sentence of life.

§2-747: Involuntary Manslaughter

a) Involuntary manslaughter is a killing which occurs as a result of an unreasonable failure to perceive the risk of harm to others, while engaging in conduct resulting in extreme danger to life or of serious bodily injury. This conduct is also known as criminal negligence.

b) Involuntary manslaughter is punishable by a maximum of 20 years

imprisonment.


§4-1213: Anti-Hazing Statute a) A person commits criminal hazing if:

(1) Serious physical injury or death results, or is likely to result, from an intentional

act committed by a student against another student in connection with initiation or membership in an organization.

(2) This charge may be brought in conjunction with any other violent crimes against

a human being. b) Hazing is a class D misdemeanor and is punishable by fine of not less than ten dollars

nor more than one hundred dollars, or imprisonment of not less than thirty days nor more than one year, or both, at the discretion of the court.

Criminal Rule 31 - Verdict

a) CONVICTION OF A LESSER, INCLUDED OFFENSE. The defendant may be found guilty of an offense necessarily included in the offense charged. In a non-jury trial, the judge will make such a finding, without motion by either prosecution or defense.


1 WITNESS STATEMENT – Prosectution witness: Pat Hannigan 2 3 Chuck and I had been best friends since we met in the third grade. He was a chubby 4 new kid at school and everyone teased him for being such a “freak” and a “nerd.” Like him, 5 my classmates often teased me and called me “nerdy,” so I introduced myself to him and we 6 became instant friends. As we grew up, Chuck began to transform into something less 7 “geeky.” He lost his baby fat in junior high. Then, the summer after the eighth grade, he got 8 a new haircut and bought contact lenses and a whole new wardrobe. By the time we got to 9 high school, all the people who had teased Chuck and I while we were growing up wanted to 10 invite him to parties and other events. It seemed like everyone in school wanted to be his best 11 friend and every girl wanted to date him. 12 13 I thought that with his new popularity, Chuck wouldn’t want to be my friend anymore. 14 After all, now that he could be with the cool kids, why would he want to be with me? 15 Fortunately, Chuck was still the same good guy he always was. He refused to go to any 16 parties or anywhere else unless I was invited. During his freshman year in high school, 17 Chuck began to date Nadia, a cheerleader at school. We spent less time together, but I knew 18 that we would always be friends. 19 20 Chuck and I decided to try to get on the band’s drum line so that neither of us would 21 have to go through the experience alone. We were both excellent percussionists and we knew 22 that we would have no problem with the musical portion of the tryout. The marching band is 23 the pride of Great Falls High School. More people come to football games to see the halftime 24 show than to see the game. Just checkout the stands following halftime and you’ll see what I 25 mean. The drum line specifically is the highlight of the show, and membership in the line can 26 provide a major boost in social status around school. The drum line also has a bit of a 27 reputation for throwing some awesome parties! I was very excited about getting on the 28 drum line because both my parents had been “online” when they were sweethearts at Great 29 Falls High School. My parents love to tell me stories about all their wild and crazy days in 30 the band. Like this one time, at band camp, they had to go an entire day with out using the 31 letters “s” or “n!” They made the drum line sound like so much fun! Chuck was also very 32 excited about the drum line. He told me that his favorite aunt had been a section leader for 33 the drum line at Columbus University. 34 35 When Chuck and I met the upperclassmen on the drum line the first day of band camp, 36 they seemed so nice. We were so impressed that we were willing to do whatever it took to be 37 part of their group. Chris Biggs, the drum line’s section leader, seemed so welcoming to the 38 underclassmen. Chris told all of us that if we were lucky enough to make it online, we would 39 be part of a family. Chris told us that the line was more than just a good time, and that 40 drumming sisters and brothers are also really supportive of each other and the community in 41 general. 42 43 Chuck and I were so excited when we were first selected to go on line as pledges! Then 44 things quickly changed for the worse. While we were pledging, the upperclassmen made all 45


the pledges do really horrible things. They made us eat dirt, drink large quantities of alcohol, 46 clean toilets with our toothbrushes and more! Chuck told me that Chris said that if he would 47 “hook up” with his/her friend, that he would not only be guaranteed to become a member of 48 the drum line, but that Chris would make sure that he would be named second assistant 49 section leader. The second assistant position was usually held by a rookie on the drum line, 50 and involved doing all of the “heavy lifting” for the line, but it also meant that you were in 51 line to be the assistant section leader, and then section leader. Chuck really wanted to become 52 the section leader, but he said that it was not worth toying with other people’s emotions. 53 After that, all of the upperclassmen were really mean to him. They started calling him 54 “queer”, and they would always tease him. 55 56 The week of pledging for the drum line at band camp is called Hell Week and the last 57 night of Hell Week is called Hell Night. On Monday of Hell Week, August 11th, the 58 upperclassmen made the pledges put on bathing suits. Then they stood around and made fun 59 of us. We were all really frightened, and a couple of pledges started crying. The male 60 upperclassmen swatted each of us on the behind really hard with a wooden paddle. Then they 61 made us stand outside in the rain. I got so upset that I started to have an asthma attack. I kept 62 telling the upperclassmen that I needed my asthma inhaler, but they wouldn’t let me go to my 63 dorm to get it. The next thing I knew I had passed out, and I awoke in a hospital. 64 65 A few of the upperclassmen, including Chris, came to visit me Tuesday in the hospital. 66 I thought they had come to apologize. Instead, they threatened me! Chris told me that if I 67 told anyone what happened, they would make me an outcast at school. When I returned to 68 camp on Wednesday, I built up enough courage to tell Mr./Ms. Thomas what happened. 69 Instead of supporting me, Mr./Ms. Thomas told me that I was over-reacting, and that the 70 upperclassmen were harmless. S/he said, “It was all in good fun.” All in good fun? I could 71 have died! 72 73 Later, that very same afternoon, the police asked me about the incident. I was so scared 74 that I lied. The upperclassmen had threatened me, and I knew that I had no support from the 75 band director. I felt so alone. I told the police that I was playing around, and that I had 76 forgotten to take my asthma medicine. Now I wish I had told the truth. When Mr./Ms. 77 Thomas found out what I told the police s/he took me aside. S/he said that s/he would not 78 report my complaint as an act of hazing because I had retracted my original statement. 79 80 When the upperclassmen found out that I hadn’t told the police anything, they allowed 81 me to return on line. Even after this incident, I still refused to drop off of the pledge line. I 82 can’t believe how stupid I was! Maybe if I had quit, Chuck would have too. Then he would 83 still be alive today. Instead, we kept putting up with abuse. Thursday, August 14th, was the 84 last and worst night of Hell week. It was Hell Night, and the night of Chuck’s death. That 85 night, the upperclassmen had a pledge party. They pressured all of us to drink. All of the 86 pledges drank. Chuck and I drank about three shots of tequila. We both got a little tipsy. 87 However, I have seen Chuck drunk a couple of times and this certainly was not one of those 88 times. He laughed and talked. His words were not slurred and he seemed focused. Later that 89 night, at about 1 a.m. each of the pledges was blindfolded and taken outside, one at a time, by 90 an upperclassman. I heard Chris’ voice call for Chuck. Chris said, “We have something 91


special in mind for you, Chuck.” Chuck responded and I heard his footsteps as he was led 92 away. Approximately five minutes later I heard people yelling and shouting. I pulled the 93 blindfold off of my eyes and ran outside to see what was going on. I couldn’t believe it! I 94 saw Chuck on the ledge of the clock tower. Then I saw Chris put his/her hand on Chuck’s 95 shoulder and push him off the ledge. The next thing I knew, Chuck’s bleeding, lifeless body 96 was on the ground in front of the clock tower. 97 98 I know Chris is lying about having tried to stop Chuck from going out on the ledge. 99 Chuck would never have gone up on the ledge of that building on his own. He has always 100 been deathly afraid of heights. I think that is precisely why Chris made him go on that ledge 101 to hang the flag. They wanted to terrify him or maybe they even intended to kill him. I know 102 Chris must have been pushing Chuck instead of pulling him back on the ledge. Chris is just 103 that mean! It was clear that they were making Chuck do more than the other pledges. What 104 Chris did was cold-hearted murder. 105 106 By the way, even though I have spoken with Jordan Klein, I am not receiving any 107 money for the interviews I have given Dr. Klein. 108


WITNESS STATEMENT – Prosectution witness: Dr. Alex Scott 1 2 My name is Alex Scott. I am a psychiatrist who specializes in student counseling, here 3 on Columbus University’s campus. I received a Master’s in psychology and a Ph.D. in young 4 adult psychology from Norfus University. I also have a medical degree from Gladden 5 University. I specialize in what is known as “gang mentality.” I have written two books: 6 Sisters and Brothers in Sin: The Secret Pain of Fraternities, Sororities and Gangs, and How 7 To Enjoy Your College Years. 8 9 I am quite familiar with the initiation processes of many gangs and Greek organizations. 10 I began studying these organizations five years ago when I lost my son to a gang. He was a 11 member of the Warmongers gang and members of a rival gang shot him. He was only 12 seventeen years old. Since then, I have been delivering speeches to community organizations 13 about gangs and violence prevention. I also speak at high schools and college campuses 14 across the country. I encourage schools to either adopt strict disciplinary measures with their 15 fraternities and sororities or to disallow them altogether. Another growing area of concern is 16 the increased incidence of hazing at the high school level. Emulating what they see in 17 movies, and hear from their parents and siblings, high school groups and clubs are engaging 18 in some of the same pledging rituals as fraternities and sororities on campus. 19 20 Every year, I receive calls from high school students who pledge various groups at their 21 high schools. In particular, I have had students contact me about the behavior of the Great 22 Falls High School drum line. I myself tried out for the drum line when I was in high school 23 but I was not accepted. I know how vicious hazing can be. Based on my sessions with 24 students, it seems as though each year, the members of these various clubs and gangs get 25 increasingly cruel. I have talked with Jesse Thomas about his drum line’s behavior many 26 times but s/he always minimizes the problem. I am sorry that it took the murder of a student 27 to bring attention to this matter. 28 29 Chuck was one of my patients. He came to see me at the beginning of his freshman 30 year at Great Falls High School. He really wanted to be accepted. Chuck’s shy sweetness 31 and his insecurity touched me. Chuck had experienced a difficult childhood. He told me that 32 other kids teased him for most of his life, and his parents put tremendous pressure on him to 33 be the best at everything. I found out that he had lost the weight that he had acquired as a 34 child through unhealthy methods like self-starvation, regurgitation, and diet pills. It was clear 35 from his behavior, along with his perfectionist personality, that he suffered from an eating 36 disorder like anorexia and/or bulimia. He lived his life to please and impress others. He 37 worked hard to be the coolest, smartest, and most successful. I am aware of the fact that 38 Chuck occasionally drank alcohol and smoked marijuana. Although he was not at the point of 39 addiction, it is likely that he was approaching that stage. 40 41 Chuck told me that he was excited about starting anew in this place where nobody knew 42 the “old” him. I told him that he should not give up the person he was to become somebody 43 he felt others would like. I advised him to come see me on a regular basis so that we could 44 talk through some of these insecurities. He agreed. We began to have sessions three days a 45


week. I felt that the sessions should be this frequent because high school is such a big 46 transition, and Chuck’s fragile personality would be facing many new stresses. 47 48 When Chuck told me that he was thinking of trying out for the drum line, I strongly 49 counseled him against it. He was just breaking out of his shell, and he did not seem strong 50 enough to take some of the cruelty that I knew the drum line could dish out. Many students 51 try out, many students put up with “hell week,” but only a few actually get in. I did not want 52 him to be disappointed. He was insistent on trying, however, so I decided to offer him 53 support. 54 55 Interestingly, Chuck seemed to be confident about his ability to make the drum line. He 56 said that after making the line, he knew that he would have found a place where he could 57 belong. I told him not to get his hopes up. I shared with him my own experiences, and how 58 disappointed I was when I was not accepted. Chuck insisted that he would make it. 59 60 During the beginning of Hell Week, Chuck called me. When I asked him about how 61 things were going, he said that Hell Week was really difficult for him. I asked him to tell me 62 what was going on, but he refused to elaborate. He had already developed a strong sense of 63 loyalty to the drum line. He said that he would show them that he had what it took. He would 64 do whatever they asked him to do and more if necessary. He even told me that he was 65 interested in trying to become second assistant section leader. This so-called honor is 66 bestowed upon the new member that shows the most “loyalty” and “promise” to the group. 67 Even while he was telling me about his plans, I could tell that he was upset and frightened by 68 what was going on at band camp. I begged him to tell me what they were doing to him. He 69 started to speak, and then murmured “nothing.” When I asked him to report to Jesse Thomas, 70 the band director, he became really upset. He said that nothing was happening, and that if I 71 told anyone anything he would discontinue our sessions. “Besides,” he said, “the director 72 would not do anything against the drum line anyway.” That was the last time I heard from 73 Chuck. That Thursday he was dead. 74 75 Chuck revealed his fear of heights to me in one of our sessions. He said that he saw his 76 favorite aunt, Sarah, commit suicide from a high ledge and that he had been afraid of heights 77 ever since. His aunt had always served as a role model to him. Chuck said that he wished he 78 could be as perfect as his aunt was. I cannot imagine that Chuck would have gone out on that 79 ledge without being pressured or forced to do so. On the other hand, the medical report 80 revealed that his blood alcohol level was at .10 when he died. As you can see, from the 81 National Drug and Alcohol chart, the legal intoxication level is .08 and Chuck’s was just over 82 this. Chuck was 5' 7" and weighed 125 pounds. This means that it would have taken 83 between two and three drinks to drive his blood-alcohol content up to the level it was at the 84 time of his death. It is quite possible that a fear that he would normally have, such as fear of 85 heights, would be lessened or eliminated at this level of intoxication. Also, since Chuck told 86 me that he was a frequent drinker, I am unsure of his individual tolerance level and the effect 87 that alcohol would have had on his in a situation like that which occurred during the Hell 88 Night hazing. 89 90 Chuck’s death was most likely the result of hazing. His death and the events leading 91


to it fit the typical hazing profile. Many times, fraternities and gangs will claim to strengthen 92 the bonds of the organization by humiliating or dehumanizing their prospective members. In 93 gangs, this may occur when they initiate a member through “jumping them in” (beating 94 him/her up) or sex. Fraternities, sororities, and such, often use similar tactics. They will 95 prey on the pledges’ secret fears and weaknesses and expose them to the rest of the 96 organization. These organizations claim that this is a way of creating a sense of brotherhood 97 or sisterhood, but it is really a way to establish power dynamics and hierarchies within the 98 group. Usually, the more influential members of the organization use these tactics to mask 99 their own insecurities by bullying others. Unfortunately, the tactics they use are often 100 dangerous and in a few cases, such as in this one, fatal. 101 102 Chuck’s death is a classic case of what happens during the initiation process. Although 103 Chris Biggs has never visited this office, I believe that Chris felt threatened by Chuck in some 104 way. Although Chuck could be shy at times, Chuck was very bright and handsome. His 105 persona probably intimidated Chris, thereby resulting in Chris singling Chuck out for harsher 106 treatment than the already dangerous and degrading activities all their pledges are forced to 107 endure.108

1


WITNESS STATEMENT – Prosectution witness: Taylor Reid 2 3 My name is Taylor Reid. I am a senior at Great Falls High School and I am also the 4 assistant section leader of the marching band’s drum line. Chris and I worked together to plan 5 all of the Hell Week events. When I was a rookie on the drum line I was second assistant 6 section leader, and then rose to assistant section leader. However, when I became a senior, 7 Chris Biggs was named section leader instead of me. I couldn’t believe it! That back stabber 8 was supposed to be my friend. I also can’t believe that the other members elected Chris to be 9 the section leader. I knew one day they would find out Chris’ true colors and regret electing 10 him/her to such an important position. I bet they regret it now! Fortunately, if Chris goes to 11 jail for this horrible crime, as assistant section leader I will automatically assume his/her 12 position as section leader. When that happens, I will make this band great again. 13 14 I got to know Chuck pretty well when he tried out for the drum line. I liked him right 15 away. He was smart, good-looking and really enthusiastic about the drum line. He was 16 exactly what we look for. When I met him at band camp, I told him why being a member of 17 the drum line is so special. Being a part of any group like the drum line is like having your 18 own home away from home. It means being a part of a family. We all support and look out 19 for each other. Even after we graduate, members of the line are known for keeping in touch 20 and doing a lot of professional and social networking. Drummers throw incredible parties, 21 but we are also really concerned about social and political issues. We believe in giving back 22 to the community. 23 24 I also remember a statement that Chris made to Chuck the first day we met him at camp. 25 Chris said, “If you really want to impress us, you can hang the band’s flag on the top of the 26 clock tower.” Then Chris smiled. I could not believe that Chris would even suggest such a 27 dangerous task. 28 29 Chuck seemed to realize and appreciate the unique qualities of being a member of the 30 drum line. He told me that he had an aunt named Sarah Connor who was section leader of a 31 drum line years ago. I was really pleased that he had a connection to, and was familiar with, a 32 drum line. 33 34 Chuck had a personality that was somewhat reserved. He would really come out of his 35 shell when he was talking about the drum line and his plans to be section leader one day. He 36 was also more expressive when he was drinking. Other than those times, however, he was 37 pretty quiet. If you did not know him well, his attitude could easily be mistaken as “stuck-38 up.” A lot of the upperclassmen thought he was too snotty to the senior members of the line. 39 Chris was especially offended by Chuck’s personality. I think that the final straw for Chris 40 was when Chuck turned down the offer to go out with this clarinet player. After that, it 41 seemed like Chris was out to get Chuck. Chris did not do anything at first, but s/he told me 42 that s/he was going to plan something special for Chuck on Hell Night, the last night of camp. 43 I asked Chris what s/he meant by that but s/he only said, “Hell Night will give Chuck a 44 permanent attitude change.” I was really nervous about how weird Chris looked when s/he 45 made that statement, and I begged him/her to tell me what s/he meant. Chris never mentioned 46 her/his plans again until the night of Chuck’s death. By then, of course, it was too late. 47


I have to admit I really love to drink and party. Unfortunately, that has led to problems 48 with my grades, and some of my friends think I have a drinking problem. I could tell right 49 away that Chuck was also a drinker. Chuck and I would chill in my room drinking forties and 50 have really long, personal discussions. He drank a lot, as much as I do. I think that the 51 pressure he put on himself, along with the pressure of trying out for the drum line, was 52 sometimes a lot for him to take. He was a real perfectionist. He told me that he really wanted 53 to be on the drum line more than anything else. He also said that just being on the line was 54 not enough. He said he wanted to live up to his Aunt Sarah’s memory by becoming second 55 assistant section leader and then becoming section leader when he was a senior. I thought he 56 was a little too obsessed with this whole thing, but I could relate to some degree. After all, I 57 was second assistant section leader when I was a rookie. Unfortunately, Chris Biggs was 58 elected to be section leader. Some said it was because everyone thought I drank too much, 59 but I know it was a conspiracy started by Chris. I told Chuck what happened to me. I also 60 told him that a lot of the upperclassmen thought he was stuck-up. I suggested that perhaps he 61 should try to do something spectacular to impress them. He really needed to outshine the 62 other pledges. 63 64 We also talked about his friend Pat. Chuck said that he really liked Pat, but that Pat 65 seemed jealous whenever Chuck made new friends. I knew that Pat did not have what it took 66 to be on the drum line. I asked Chuck what he would do if he made it and Pat did not. He 67 said that he would always be friends with Pat but that he would not give up his dream for 68 anyone. I was relieved to hear this because I thought Chuck would make a wonderful 69 addition to the line. I never really got to know Pat. I know that Pat had an asthma attack once 70 during an activity Chris and I planned. Chris let things get out of hand and had the 71 upperclassmen hit the pledges on the backside with a wooden paddle. Pat freaked out and had 72 an asthma attack. I do remember that Chris and a couple of others went to visit Pat in the 73 hospital the next day. 74 75 On the night of Chuck’s death, all of us planned tasks for the pledges as part of Hell 76 Night. Hell Night is the last night of camp, before we decide who makes the drum line and 77 who does not. That night, we blindfolded all of the pledges and had them line up in the dorm 78 house. Then we brought each one out separately to perform a task. Usually, the tasks are 79 pretty simple, but they are created to scare the pledges. For example we told one pledge to 80 chew on a piece of glass. Then we put an eggshell in his mouth. Since he was blindfolded, 81 there was no way for him to know whether the object was really glass until he chewed it. It 82 really is harmless, but all in good fun. 83 84 When we brought Chuck out to perform his task, Chris whispered something in his ear. 85 I couldn’t hear all of what Chris said but I know I heard the words “tower” and “flag.” After 86 hearing what Chris said, Chuck snatched off the blindfold, grabbed the flag from Chris’ hand 87 and started running toward the campus center. Chris and a couple of the others, including 88 myself, ran after him. The next thing I knew, we were chasing Chuck up the clock tower. 89 Chris was right behind him. By the time the rest of us caught up to the two of them, Chuck 90 had fallen off the tower. Only Chris was close enough to see what had happened. I am sure, 91 however, that Chris pushed him. I bet Chris had been planning to kill him all along. 92


WITNESS STATEMENT – Defense witness: Chris Biggs 1 2 My name is Chris Biggs. I am the section leader for the drum line, part of the greatest 3 marching band in the history of Great Falls High School. We members of the drum line are 4 known for our great parties and our significant contribution to the community. As a result, 5 numerous band members try out every year. For the week of band camp, they are tested in a 6 variety of ways to see whether they have what it takes to become a member of the family. 7 8 I met Chuck Sherman and his friend Pat in August of 2003, at band camp. Chuck was 9 handsome, bright, and very ambitious. He asked me a lot of questions about the drum line. 10 He wanted to know what would be required of him if he tried out, and was particularly 11 interested in becoming section leader some day. I thought that he was a little overconfident. I 12 was not offended, however, because confidence is one of the qualities we look for. I told him 13 that if we invited him to join he would have to have proven his worth. I also told him that if 14 he showed strong leadership potential while on line, that he might be elected second assistant 15 section leader. Being second assistant section leader as a rookie is a good way to become 16 section leader during senior year. He said, “I am going to be section leader.” I laughed and 17 told him that he would have to be invited to join before he made all those plans for the future. 18 Then I joked, “Well you know, if you really want to impress us, you will do something so 19 great that the band’s flag will hang from the highest heights.” Sometimes I get a little carried 20 away at band camp. We both laughed. 21 22 I noticed that Chuck’s friend, Pat, didn’t seem to be the right type. Pat was kind of 23 reserved and nerdy and didn’t seem to fit in very well. Because they seemed so different, I 24 asked how they knew each other. Chuck told me that Pat had been a friend of his since grade 25 school. He said that he cared very much for Pat, and he hoped that they would become 26 members of the drum line together, but that he would not give up becoming a member for Pat. 27 Even though I knew that Pat would never be chosen, I was really turned off by that remark. 28 After all, one of our strongest principles is loyalty, and I thought that Chuck’s attitude was not 29 very loyal to his friend. 30 31 I did not warn the other upperclassmen about some of Chuck’s less desirable qualities. 32 I was hoping that maybe I was mistaken, and Chuck had not been himself that day. 33 Unfortunately, I was wrong. Chuck began to show his true colors shortly after band camp 34 started. He could be really cool sometimes and really stuck up at other times. He was always 35 nice to me and to Taylor Reid but he could be really snotty to other upperclassmen. When the 36 news came out that he and his girlfriend broke up, a lot of guys tried to set him up. I even 37 tried to set him up with a friend of mine who is in the band. I thought that they would make a 38 really nice couple. He turned the offer down flat and gave anyone that showed interest in him 39 the cold shoulder. 40 41 Many of the upperclassmen began to dislike Chuck. I was hurt by his attitude at times, 42 but I did not dislike him. I figured he must have had something serious going on in his life 43 that made him behave that way. He could be a lot of fun sometimes. He was a lot of fun at 44 parties. He would drink and be a lot more outgoing. We all enjoyed him at those times. 45


For those trying out for the drum line, band camp is also known as “Hell Week.” This 46 is when the upperclassmen on the drum line play pranks on the pledges. We like to give our 47 pledges a hard time, but we would never do anything to endanger their physical or emotional 48 well being nor would we violate anti-hazing rules or the anti-hazing law. The pledges are 49 responsible for knowing the school fight song by heart (all four verses). They also must know 50 a detailed history of their instrument. We also had the pledges scrub the bathrooms with their 51 toothbrushes, eat things sprinkled with hot pepper, and other harmless things of that nature. 52 We never touched the pledges, nor did we encourage them to drink. We have had a couple of 53 people get hurt while pledging, but these incidents were due to the recklessness of the pledges 54 and not us. We encourage people to be responsible, but we cannot force them to act that way. 55 People should be held accountable for their actions. 56 57 Pat Hannigan is a perfect example of someone who does not want to be held responsible 58 for his/her actions. This one time, at band camp, Pat forgot his/her inhaler when we were all 59 hanging out. Pat was sitting quietly in the corner and no one noticed him/her until s/he had 60 passed out. We rushed Pat to the hospital. We were so worried. A few other upperclassmen 61 and I went to visit Pat in the hospital. Pat seemed really happy to see us. I could tell that s/he 62 really appreciated the visit. I think that the only reason Pat is telling these lies now is because 63 s/he did not make the drum line. Pat never raised any of these allegations when s/he talked to 64 the police. I think that it is strange that Pat reported all of these things that we supposedly did 65 only after s/he was not accepted onto the drum line. It really hurts to see Pat react this way. 66 Even though Pat didn’t make it, we were still nice to him/her. I don’t understand why Pat is 67 telling so many lies about us. I think that all of us have been through enough suffering with 68 the death of Chuck. 69 70 On the evening of his death, Chuck seemed to have had a little too much to drink at our 71 party. He started crying and saying that he knew we all hated him. I told him that that was 72 not true. I said, “Sometimes we get offended by your attitude but we certainly do not hate or 73 dislike you.” Later, we blindfolded all the pledges as part of our tradition. On the last night 74 of Hell Week, we have them do one last task. It is always something harmless and in good 75 fun. We brought each of the pledges out one at a time to perform the task. When we entered 76 the dorm to bring Chuck outside, I said “we have something special in mind for you.” After 77 we brought him out, I whispered to him, “you are going to have to raise the flag.” What I 78 intended for him to do was to hang a flag on the door to the dorm. I just wanted to scare him 79 a bit. We always do that to the pledges. Chuck went nuts! Before we could stop him, Chuck 80 snatched off his blindfold, grabbed our flag and ran off towards the campus center. He started 81 yelling that he was going to show everyone how great he was. A few of us chased him 82 because he was drunk and upset and we had no idea what he might do. He ran up the stairs of 83 the clock tower and walked out onto the ledge. I was the first person to catch up with Chuck. 84 I was so terrified. I begged him to come inside, but he said that he wanted to hang our flag 85 where everyone could see it. Then he stumbled. I reached out and grabbed his shoulder to 86 stop him from falling but it was of no use. Chuck fell anyway. It was horrible! 87 88 I am so sorry that Chuck died, but I am not a murderer. He got drunk and chose to go 89 out on that ledge without any prodding from me, or any of the others. I tried to stop him and 90 now I am being accused of murder. The fact is that he put too much pressure on himself to be 91


the best and that is what led to his death. Taylor Reid is testifying against me because s/he is 92 jealous. Taylor expected to become section leader, but I was elected to the position instead. I 93 did not intend for this to happen, but Taylor has such a horrible drinking problem that no one 94 felt s/he was capable of handling such an important position. 95 96 Even if I wanted to haze, I would not do it. The consequences are too severe. Mr./Ms. 97 Thomas sent a memo warning students about the consequences of hazing. S/he wrote an 98 added note to me on the memo and also called me to say that Chuck seemed unhappy.99


WITNESS STATEMENT – Defense witness: Jesse Thomas 1 2 My name is Jesse Thomas and I have been band director at Great Falls High School 3 since 1987. I am proud to be a member of the Great Falls community. This school provides 4 numerous sports, clubs, support systems, and most important, exceptional academics. As band 5 director, it is my responsibility to help maintain the school’s good reputation. I do this by 6 overseeing the greatest high school marching band in the state and probably the nation. I am 7 also a major fundraiser for the school. 8 9 I am very familiar with the drum line culture. The line has been in existence since 10 1971. It is an extremely popular element of the band whose members tend to be well-rounded 11 students. Also, the alumni of the drum line are the most generous and giving people I know. 12 They have contributed many thousands of dollars to the band over the years. Much of this 13 money was used to help pay for uniforms, instruments and props. 14 15 We enforce strict rules about hazing. The school sends out a letter to all clubs each year, 16 reminding them of the law and the school rules against hazing. Although we have had to 17 discipline a few in the past, most students seem to respect the policy and we have very few 18 reported incidents of hazing. However, all groups have had their share of mishaps, and the 19 band is no exception. Sometimes the students play pranks that misfire and people get hurt. 20 This is no different from sports team injuries or injuries that occur when students go to 21 parties. As a matter of fact, there have not been any substantiated reports of hazing by the 22 drum line in the last five years. The school has had to discipline several of the other groups at 23 the high school, like the debate team and the Latin club, due to reports of paddling or other 24 physical abuse of students. Fortunately, none of the hazing we have discovered in the past 25 few years has resulted in serious injury. I am proud to say that I have personally received 26 several awards for excellence in band directing. As a result of my reputation, our school has 27 received several donations from charitable organizations and Great Falls public schools has 28 increased my extra-duty pay. 29 30 I know Chris Biggs personally. Chris is a credit to this school. Chris and other 31 percussionists often volunteer at the local battered women’s shelter and tutor elementary 32 school students in the area. Chris plays a huge leadership role around school. At a school-33 wide meeting two years ago, s/he publicly denounced hazing of any kind. Chris was one of 34 the students who helped me organize an anti-hazing rally after several hazing incidents at 35 other schools were getting lots of attention in the news. I also sent a detailed memo to every 36 band member that explained the law and school policy on hazing. I wrote a special note to 37 Chris on the memo I sent to her/him on August 7. 38 39 In conjunction with dealing with physical abuse, the school administration has also 40 cracked down on under age drinking. We post alcohol awareness posters all over school, and 41 hold an annual alcohol awareness program in the gym. This, unfortunately, is a much more 42 persistent problem than hazing. Every group at the school has been warned about the 43 problem. However, it does not seem to go away. The chess club in particular seems to always 44


be in trouble. Short of babysitting every student 24/7, we cannot avoid cases of underage 45 drinking. 46 I remember when Pat Hannigan came to me to report the hazing activities of the drum 47 line. Pat told me that the upperclassmen were picking on some of the pledges. I tried to tell 48 Pat that some teasing and pranks during pledging were to be expected. I asked Pat whether 49 there were any instances where s/he was put in physical danger as a result of hazing activity. 50 Pat told me that s/he had just gotten out of the hospital due to an asthma attack. Pat said that 51 s/he began to have an asthma attack after being paddled by some upperclassmen. Pat said that 52 they did not take him/her to get medicine or any type of medical attention until after s/he had 53 passed out. I told Pat that I was sure that they meant no harm and that it was all in good fun, 54 but that these allegations were serious and should be looked into. I called the police as 55 required by law. You can’t imagine how confused I was when the police told me that Pat had 56 recanted his/her statement. 57 58 This is not the first time that I have received a complaint about the drum line where the 59 complainant has changed his or her story. In order for us to use school resources to 60 investigate an incident of hazing, we must get a report from a complainant. If that 61 complainant recants, then it is a waste of time for the school or the local police to investigate 62 when there are other things to which they can devote their time, like school security. Because 63 there are no records of recanted allegations, I do not know how many times a complainant has 64 come to me specifically about hazing by the drum line and then changed his or her story. 65 Perhaps a couple of the allegations that have been made included a bit of truth, but it is just 66 not fair to investigate a reported incident when the accuser won’t stick to one story. The 67 accused would have to go through the humiliation of the student senate tribunal and would be 68 at risk of extreme consequences as a result of a story we cannot be sure is true. I refuse to 69 ruin someone’s future by putting something false on their permanent academic record, 70 especially the bright futures that most of the drummers have! 71 72 Chuck came to see me on the day before his death and said he had something to tell me 73 about the situation with Pat. He said that he did not have time to talk but he would come 74 back when we were back at school. I immediately went to find Chris to find out what was 75 going on. I told Chris that Chuck had some information for me and that if it had anything to 76 do with hazing, I would suspend the drum line and bring Chris before the student senate 77 tribunal. Chris assured me that there was no hazing going on, nor would there be any in the 78 future. I believed him/her. 79 80 I was greatly saddened by the news of Chuck’s death. He was obviously a seriously 81 disturbed young man. He has been seeing a psychologist since before he ever tried out for the 82 drum line. Unfortunately, the lack of self-esteem in young adults is a problem nationwide. 83 Chuck wanted to be popular, and that desire probably drove him to act irrationally. If I had 84 known that Chuck was experiencing emotional problems I certainly would have offered him 85 support.86

1


WITNESS STATEMENT – Prosectution witness: Dr. Jordan Klein 2 3 My name is Jordan Klein. I received my Ph.D. in Sociology from the University of 4 Western Ontario in 1973, and am currently on the faculty at Columbus University. My 5 particular interest and expertise is in the phenomena known as hazing. I have written 6 thirteen articles and two books on this topic. One of the books is titled: Hazing: Everybody’s 7 Doing It, and is about the hazing practices of fraternities, sororities, and gangs in the state of 8 New Columbia. My books did not sell well until this incident. Now my book on hazing is 9 selling briskly. I am also in the midst of writing a book about this case for which I will 10 receive a significant advance and 5% of the profit from its sale. 11 12 One of the more interesting aspects of Great Falls High School is its relationship with 13 co-curricular groups and clubs. This school’s first principal, Samuel Richardson, believed 14 that clubs and such were an important way for students to create a strong sense of humanity 15 and brotherhood. As a result, Richardson stressed three principles in his vision for Great Falls 16 High School: academics, athletics, and clubs. 17 18 The marching band, while not by strict definition a club, took on many of a club’s 19 characteristics: elected officers, faculty sponsors, fund-raising, meetings outside of the normal 20 school day, to name a few. From its inception in 1951 until now, the Great Falls marching 21 band has had a reputation for excellence and high achievement. Many of the most politically 22 and financially powerful people in Great Falls urge their children to assume leadership roles 23 in the various sections of the band. Thus, it is not uncommon for the section leaders to turn 24 out to be very well connected as adults and tend to look out for each other in the job market. 25 26 Unfortunately, there is a more sinister side to the school’s history, and the drum line in 27 particular. School club leaders were once known for their dangerous hazing techniques. 28 From 1955 until the mid 1980's, many unexplained injuries occurred on the Great Falls 29 campus during the first weeks of the school year (the most common time for club initiation 30 procedures), and the most frequent victims were drum line pledges. Unfortunately, few 31 students would step forward to implicate the members of the drum line. Even those who were 32 hurt would usually offer weak explanations, if any, for the cause of their injuries. With no 33 one to testify, the problem continued. One of the dangerous activities that were part of the 34 drum line’s hazing tradition occurred during the 1970's. It was called “raising the flag.” This 35 required a pledge, at the band camp traditionally held at Columbus University, to climb to the 36 highest point on campus and hang up the band’s flag. When heavy drinking preceded this 37 venture, it was extremely dangerous. There were five falls that occurred as a result of this 38 activity; four resulted in serious injuries and one, surprisingly, resulted only in a broken flute. 39 There has been no known occurrence of this act since 1978. 40 41 In the early 1980's, college campuses across the country began to crack down on 42 dangerous hazing activities. All but a handful of states passed hazing laws, forcing high 43 schools like Great Falls to follow suit. They began to institute severe punishments to those 44 groups, classes and clubs that were found to have hazed their pledges. As a result, many of 45 these organizations either cut down on their hazing or were much more secretive about what 46


was going on. The drum line was no exception to this trend. From about 1987 to the present, 47 there have been only five reported hazing incidents from the drum line. 48 49 Hazing is an extreme form of initiation, which is expected to create a stronger bond 50 between members. Many of the practices include tests of trust. Perhaps surprisingly, even 51 the more brutal practices can create a close bond, particularly among the new members who 52 go through the experience together. The bonding is very real, and can be very beneficial. Just 53 look at the military. Armies have not fought shoulder-to-shoulder, marching in step, in 54 perfectly straight lines, since the 19th Century. Yet, what do our soldiers of the 21st Century 55 do for days on end in boot camp? They march and march and march. Why? Because it 56 creates a bond that is essential for the success of the group. Is it so surprising then that boot-57 camp hazing practices like scrubbing floors with toothbrushes, all the yelling and insulting, 58 and the physical trials, turn up as initiation rites for football teams and marching bands? All 59 three require a similar bond between members for the group to succeed. 60 61 Despite the crack down in Great Falls, and around the country, and despite well-62 publicized incidents of youth being harmed or killed, hazing persists. The answer lies largely 63 in the psychology of young people. They yearn to become part of a collective, and that is a 64 good thing. The developmental need to be in groups is crucial to the success of people living 65 together in a society. To be a part of a society and a culture, you need to be part of a group. 66 In our society, we do not have a lot of “rites of passage” for youth; events that tell a young 67 person they are now “in.” For example, in some tribal cultures, when a boy reaches a certain 68 age, the men of the tribe kidnap him during the night, give him a sound beating, and then he 69 comes back a man. There is no ambiguity for the youth. In our society, with different age 70 limits for driving, voting, drinking, etc., young people never get a clear message of when they 71 are “in,” so they create their own systems through hazing. 72 73 When they create these rituals, young people have nothing to guide them but their own 74 experiences, which include a considerable amount of influence from reality television shows 75 like Fear Factor and Survivor, where people are required to eat disgusting things, or perform 76 daredevil stunts. Each year that goes by after a hazing ritual is in place, there is a natural 77 inclination to ratchet it up a notch, to make it a little more thrilling, a little more dangerous, a 78 little more humiliating. What is very telling is that when they go too far, young people are 79 commonly puzzled to find out that they are in trouble. They, or those that came before them, 80 were allowed to do something for years and years, with the tacit approval of adults, and then 81 suddenly they are being demonized by those same adults. They do not see the line that they 82 crossed, because the lines are invisible. Adults, most of them anyway, are supposed to be the 83 ones who can see the lines, and that is why adults run the schools. It may sound like I am 84 saying that this unfortunate incident resulting in the death of a student at Great Falls High 85 School should be written off as “kids will be kids.” What I am trying to say is that adults 86 should be adults. Where were the adults when Chuck climbed the clock tower? Schools need 87 to demonstrate that they will not tolerate abusive initiation rites, and encourage positive 88 rituals that will promote the same kind of bonding as the violence and abuse. 89 90 One of the most fascinating aspects of Chuck’s death is its similarity to the suicide of 91 Chuck’s paternal aunt, Sarah Conner. Sarah was extremely pretty and well liked at school. 92


She successfully became a member of the drum line at Columbus University, and eventually 93 the section leader. In 1997, during Sarah’s senior year, a junior named Eugene Stifler died 94 under mysterious circumstances. Although the coroner ruled the death an accident, it was 95 widely rumored that his death was a result of hazing by the drum line. Sarah Conner was 96 thought to have been involved in his death but it was never proven. Two years after Sarah 97 graduated, on the anniversary of Eugene’s death, she committed suicide by jumping off the 98 ledge of a building. Her then twelve-year old nephew, Chuck, was the sole witness to her 99 death. 100 101 Hazing has historically had a secretive air. As a result, it is difficult to detect and 102 equally difficult to stop. In my book, I have documented several instances where the pledges 103 and even some members of a fraternity or sorority have recanted their stories of alleged abuse 104 due to fear of repercussions. Unfortunately, some schools, of which Great Falls is one, only 105 report those cases that are fully investigated. 106 107 Although I never knew the deceased, I did attempt to interview his alleged murderer, 108 Chris Biggs. Chris was extremely nice and cooperative. I asked her/him several questions 109 about her/his involvement with the murder. Chris told me that s/he was unwilling to discuss 110 the facts of the case before the trial, but would be happy to meet with me once this horrible 111 ordeal is over. I also paid Pat Hannigan $1000 to give me information about the incident to 112 use in my book. 113


EXHIBIT 1

To: Marching Band Members

From: Office of the Director

Date: August 7, 2003 Re: School Hazing Policy

This memo is a reminder to all Marching Band members that hazing is a violation of school policy and a CRIME. The school administration will suspend any teams, clubs or any other organizations that haze their potential members. In addition, if we find any student has hazed another student, that student will be brought before the student senate tribunal and will risk expulsion.

A student who hazes is also at risk of criminal prosecution, and if found guilty may

have to face up to a year of jail time. IF YOU ARE THINKING OF HAZING, THINK

AGAIN!!!

Chris,

Whatever you do, do not let me hear of any complaints from

pledges about the drum line!

J. Thomas


EXHIBIT 2

Blood Alcohol Level

Alcohol’s Effects on Thinking, Feeling, and Behavior

.02-.04 Few obvious effects; slight intensification of existing moods; some impairment of judgment or memory.

.05-.06 Feeling of warmth, relaxation, mild sedation, exaggeration of emotion and behavior; slight increase in reaction time, impaired judgment about continued drinking; visual and hearing acuity reduced; slight speech impairment; minor disturbance of balance.

.07-.09 More noticeable speech impairment and disturbance of balance; impaired coordination; feeling of elation or depression; definite impairment of judgment and memory; major increase in reaction time; may not recognize impairment. Legally intoxicated at .08 BAL.

.10-.13 Noticeable disturbance of balance; uncoordinated behavior; major increase in reaction time; increased impairment of judgment and memory.

.14-.17 Major impairment of all physical and mental functions; difficulty in standing, talking; distorted perception and judgment; cannot recognize impairment.

.20-.25 Confused or dazed; major body movements cannot be made without assistance.

.30-.35 Minimal perception and comprehension; general suspension of cognitive abilities.

.40 Unconscious/coma.

.41+ Deep coma/death

Tolerance may play a part in the effects of alcohol and the above functions; however, tolerance is an indication of the body’s adjustment to regular drinking and is a warning sign of alcohol abuse. SOURCE: Norfus University Student Health Services brochure, National Drug and Alcohol Chart.

People v. Chris Biggs - Michigan Center For Civic Education

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