Professional Documents
Culture Documents
No. 12043
Commonwealth
v.
Michelle Carter
March 2016
Table of Contents
Table of Authorities i
A. Cases i
B. Other Authorities v
Issue Presented 1
Statement of Facts 4
Argument 7
II. Conclusion 36
Addendum
Certification
Table of Authorities
A. Cases
Ashcroft v. ACLU,
542 u.s. 656 (2004) ...... . 26
Chalhoub v. Dixon,
338 Ill. App. 3d 535 (2003) 22
Commonwealth v. Abramms,
66 Mass. App. Ct. 576 (2006) 29
Commonwealth v. Bohmer,
374 Mass. 368 (1978) ..... 28
Commonwealth v. Ditsch,
19 Mass. App. Ct. 1005 (1985) 16
Commonwealth v. Earle,
458 Mass. 341 (2010) ..... 20, 23
Commonwealth v. Godin,
374 Mass. 120 (1977) ..... 11, 12,
........................... 20
Commonwealth v. Gonzalez,
443 Mass. 799 (2005) ..... 12
Commonwealth v. Hampton,
64 Mass. App. Ct. 27 (2005) 31
-i-
Commonwealth v. Levesque,
436 Mass. 443 (2002) ..... 12' 20
Commonwealth v. Mogelinski,
466 Mass. 627 (2013) ..... 8' 9
Commonwealth v. Orlando,
371 Mass. 732 (1977) ..... 29
Commonwealth v. Pagan,
445 Mass. 161 (2005) 29
Commonwealth v. Pugh,
462 Mass. 482 (2012) 12, 15,
........................... 22
Commonwealth v. Rhoades,
379 Mass. 810 (1980) ..... 22' 23
Commonwealth v. Robicheau,
421 Mass. 176 (1995) ..... 15
Commonwealth v. Todd,
87 Mass. App. Ct. 780 (2015) 10
Commonwealth v. Twitchell,
416 Mass. 114 (1993) ..... 20
Commonwealth v. Walters,
4 7 2 Mass . 6 8 0 ( 2 0 15 ) ..... 25
-ii-
Commonwealth v. Welansky,
316 Mass. 383 (1944) ..... 12, 13,
........................... 15, 20
Coobes v. Florio,
450 Mass. 182 (2007) 21
Diatchenko v. District
Attorney for the Suffolk Dist.,
466 Mass. 655 (2013) ..... 34
Graham v. Florida,
460 u.s. 48 (2010) 33, 34
In re Sponatski,
220 Mass. 526 (1915) 22
Jean W. v. Commonwealth,
414 Mass. 496 (1993) ..... 21
Miller v. Alabama,
U.S , 13 2 S Ct. 2 4 55 ( 2 012 ) 33, 34
-iii-
Opinion of the Justices to the Senate,
436 Mass. 1201 (2002) 26
People v. Kevorkian,
441 Mich. 436 (1994) 23
People v. Modiri,
39 Cal. 4th 481 (2006) 15
Persampieri v. Commonwealth,
343 Mass. 19 (1961) ..... . 16, 23
Roper v. Simmons,
543 u.s. 551 (2005) 32, 34
Schriro v. Summerlin,
542 u.s. 348 (2004) 31
Smith v. Goguen,
415 u.s. 566 (1974) 29
Snyder v. Phelps,
562 u.s. 443 (2011) 27
State v. Melchert-Dinkel,
844 N.W.2d 13 (2014) ..... 26, 27
Thompson v. Oklahoma,
487 u.s. 815 (1988) ..... . 32
-iv-
United States v. Harris,
347 u.s. 612 (1954) ..... . 28
Virginia v. Black,
538 u.s. 343 (2003) 16' 24
Webstad v. Stortini,
83 Wash. App. 857 (1996) . 21' 22
B. Other Authorities
Annals of the New York Academy of Sciences,
Volume 1021, Adolescent Brain Development:
Vulnerabilities and Opportunities, Ronald E.
Dahl, Pages 1-22, June 2004 33
-v-
G.L. c. 265, 13 ......... . 2, 27,
........................... 29, 30
-vi-
Issue Presented
1
Statement of the Case
2
J.) issued a memorandum of decision and order
denying that motion on September 22, 2015. [R.
App. 26, 118-124].
On October 13, 2015, Carter filed a notice
of appeal in the trial court. [R. App. 27].
On October 22, 2015, Carter filed a petition
for relief pursuant to G.L. c. 211, 3. [R. App.
1, 3-4]. On February 1, 2016, a single justice of
this Court (Botsford, J.) reserved and reported
the issue to the full bench of this Court. [R.
App. 2, 418].
The case was docketed in this Court the
following day.
3
Statement of Facts
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This case involves technology in the form of text messaging
and phone calls between two people in a romantic
relationship based primarily on electronic contact. The
rapidity of the electronic exchanges was almost immediate,
similar to a conversation.
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Summary of the Argument
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Article 16 of the Massachusetts Declaration of Rights,
threat".
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Argument
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A. The Statutory Framework For Addressing
Youthful Offender Indictments
uFirst, 1
if the juvenile is proceeded against by
broad 1
discretion ... to render individualized
(2013), by either 1
plac(ing] the case on file or ...
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I the department of youth services.'" Id. See G.L. c.
119, 58.
I Second, "the Commonwealth may seek an indictment
against a juvenile for specific types of violent
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fourteen and eighteen at the time of the offense;
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I 1. The Commonwealth Charged Carter With
Manslaughter In Order To Circumvent The
Fact That The Legislature Has Not
I Criminalized Words That Encourage
Suicide
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of Am., Inc., 456 Mass. 826, 832 (2010), quoting
Commonwealth v. Gonzalez, 443 Mass. 799, 808 (2005)
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and Commonwealth v. Godin, 374 Mass. at 126. See
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Commonwealth v. Pugh, 462 Mass. 482, 496 (2012).
uwanton or reckless conduct generally involves a I
wilful act that is undertaken in disregard of the
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I 497; Commonwealth v. Welansky, 316 Mass. at 399.
Carter strongly disagrees with both points.
I 2. The Commonwealth Failed To Present
Sufficient Evidence To The Grand Jury
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on August 28, 2013 for udid+ this+ help+ you+ change+
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I intentional act" supporting a charge of involuntary
manslaughter ordinarily requires evidence that the
I defendant committed "physical acts" that caused the
victim's death. Commonwealth v. Pugh, 462 Mass. at
I 497. See Commonwealth v. Welansky, 316 Mass. at 397
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119, 54. See Commonwealth v. Quincy Q., 434 Mass. at
her, saw that the safety was off, and told her the I
means by which she could pull the trigger").
"The word 1
threat' has a well established meaning
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I v. Black, 538 U.S. 343, 359-360 (2003) (u'True
threats' encompass those statements where the speaker
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not state or suggest that she would harm him in any
2See also text messages dated June 1, 18, 19, 20, 21, 23, 29
and July 7, 2014. Those messages are reproduced in the
addendum. [Addendum 36-51]
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Michelle Carter: "OH YEAH FUCK NO! WE ARE NOT DYING"
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Michelle Carter: "But the mental hospital would help
you. I know you don't think it would but I'm telling
I you, if you give them a chance, they can save your
life"
I [Addendum 50 ] .
Disregarding the above, and assuming the evidence
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his own life, no view of the evidence demonstrated how
I Carter's statements constituted a threat to harm Roy
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3. The Commonwealth Failed To Present
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Sufficient Evidence To The Grand Jury
That Carter Engaged In Wanton And
Reckless Conduct By An Omission Or
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Failure To Act
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power[,] which knows the purpose and the physical
effect of the suicidal act' .... Thus, in cases
of suicide, the person committing suicide is in
effect both the victim and the actor. In fact, no
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duty exists to avoid acts or omissions that lead
another person to commit suicide unless those
acts or omissions directly or indirectly deprive
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that person of the command of his or her
faculties or the control of his or her conduct." I
Webstad v. Stortini, 83 Wash. App. at 866, quoting In
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manslaughter by failure to act cannot support the
underlying charge for the youthful offender
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indictment.
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4. Carter's Statements And Text Messages
To Roy Are Protected Speech, And
Contrary To The Conclusion Of The Trial I
Court, Did Not Contain Anything
Remotely Resembling A Threat
I violence.").
In this case, none of Carter's statements
I constitute a "true threat". There was no evidence
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Fourteenth Amendment, provides that "Congress shall
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above. Even in the light most favorable to the
Commonwealth, the speech that the Commonwealth intends
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to use against the defendant consists entirely of
"encouraging" Roy to commit suicide. As in the
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Melchert-Dinkel case, the Commonwealth can point to no I
compelling government interest in restricting such
speech. Especially where the Legislature has not I
chosen to criminalize words that encourage suicide,
the Commonwealth's efforts to penalize such words by
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charging Carter with manslaughter cannot pass I
constitutional muster.
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previously, the actual manslaughter statute is silent on
this type of conduct. Given that the type of alleged
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conduct against Carter concerns content-based expression
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that is sheltered by the First Amendment, a greater degree
of specificity is required when reviewing this statute I
under the vagueness doctrine. The manslaughter statute
provides no such specificity.
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At the present time, there is no criminal statute in
Massachusetts specifically prohibiting suicide or even
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assisting or encouraging suicide. Despite the legislature's I
decision not to enact such a law, the Commonwealth decided
to charge Carter with an even more serious crime: a form of I
homicide. Given that the manslaughter statute, nor any
proscribed law in the Commonwealth, do not provide a
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sufficiently explicit warning to someone of ordinary I
intelligence - let alone a juvenile - in the defendant's
position that encouraging suicide is prosecutable under I
existing law, G.L. c. 265, 13 is hopelessly confusing and
I Adolescent
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A large and compelling body of research on the
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attendant characteristics - before imposing a
particular penalty." See Graham v. Florida, 560 U.S.
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48, 68-69 (2010); Roper v. Simmons, 543 u.s. at 569-
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573; Diatchenko v. District Attorney for the Suffolk
Dist., 466 Mass. 655 (2013). The Court focused on the I
differences between youthful offenders and adults,
noting the lack of maturity and the underdeveloped
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sense of responsibilities of young offenders, and
reasoning that the "transient rashness, proclivity for
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risk and inability to assess consequences - both I
lessened the child's 'moral culpability' and enhance
the prospect that, as the years go by and neurological I
development occurs, his 'deficiencies will be
reformed.'" Id. at 2465, quoting Graham v. Florida,
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130 S. Ct. at 68-69. I
While a grand jury can certainly consider whether
a seventeen-year-old has acted intentionally or I
recklessly, at the very least, the grand jurors should
have been asked to consider the case from the
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perspective of an adolescent and should have been I
provided with meaningful information from which they
could have made that assessment. I
Where, as here, the grand jury failed to hear
evidence establishing probable cause to indict Carter
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as a youthful offender, and where the proceedings were
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otherwise flawed, the trial court should have
dismissed the indictment. See Felix F., a juvenile v. I
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I Commonwealth, 471 Mass. at 516. Further, where she
ultimately committed no chargeable offense, she cannot
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II. Conclusion
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Commonwealth
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I Michelle Carter
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Addendum
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Table of Contents
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1. Indictment A-1
A-51
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~t, .ss. Oft ,thfa day of
I illtU:Ywtw~ Th9VJ~d ~ Fiite tldaladldu\iJh.., . . . .tad
pl'*SeJltfd to said SUperior Couri by tht Grand Jury 'aJld ordered to. be, filett an(l m~~
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Addendum 1
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BRlSTOL. SS .
.it the SUPERIOR COURT holllen atFallRtver:wfthtn ltmifor the CoWIIJI of1Jrl$to/,for the
tra,IJS4Cdan ofcrJmin~fwslnm "n th,J'irsJMonday ofJa:h,U,ai'y~ 2:QiJ,
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T.HB JURORS for the said Commonwealth on theiroath present, T.hat
Mi:cnelle Carter)
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on or about July 121 :2<H4, at Fairhaven in the Ceunty cfBristol aforesaid, I
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((1.L. Chap. 26S,: Sec. 1'3)
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Addendum 2
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MASS.A<.!.ftqSE'l'TS ~ o:ti tb'~i~ t$4eltr afoit'esa:id,; do f'll'r.th&~ ;p'.f'es:~nt:;,
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the .state prison, and that the aferamentioo:ed l:)f'fenstJ involve8' f::;;CJF
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the. inf'.l.iotioll pr t.ln::~~t of ~e~:t<;>us :PP4:i'1y lJ.axm :lri vi.olation jg' g V> ~
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law; ana t:fiat. the i9kid Jfic:b.ell.e :ca~t,ert 1.EI t:b.e~-<#~ , f'yol,ltb.~ ::5.;
of:fende:r, as ~:lef.in:eet by Chapter 119:.,. Se<Z!oion S.4 .
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l'O<r~~l:~(l)ttjf
Addendum 3
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BRISTOL, SS: NILE COURT DEPARTMENT
BEDFORD DMSION I
CKET NO: 1SY00001NE
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COMMONWEALTH OF MASSACHUSETTS, )
Plaintiff )
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MICHELLE CARTER, )
Deladant )
This matter is before the Court. on the de s motion to dismiss the indictment issued
against her by a Bristol County Grand Jury on Fe S, 2015. The Grand Jw-y found probable
cause to indict the defendant as a youthful offender on charge of involuntary manslaughter, G.L
c. 265, 13. The defendant filed the motion to dismis the indictment on August 10, 2015,
argulng that the Commonwealth failed to present suffi ient evidence to the Grand Jury showing
probable cause that the defendant committed involun: manslaughter and met the requirements
of the Youthful Offender statute, G.L. c. 119, 54, In dition, the defendant argued that the
acts committed by the defendant were verbal and wri speech I:Uldl therefore, the defendant's
actions were protected by the First Amendment of the .S. Constitution. The Court heard oral
arguments on the motion on August 24,2015.
On the morning of July 13, 2014, police found e body of Conrad Roy Ill ('victim'} in his
truck in a store parking lot in Faitbavcn, MA. The m ical enminer ruled that the victim's death
was a suicide, caused by the victim inhaling carbon noxide generated from a compression
pump that he set up in his truck. The police investigati n of the victim's death revealed that the
relationship between the victim and the defendant beg in Florida in 2011. The majority of
Addendum 4
their relationship was through voluminous texts mess es, phone calls and emails1; In the
I months preceding the victim's death, these many text essage communications between the two
focused on specific plon8, direction IUld enoouragemen , for the victim to commit suicide.
Phone records revealed that the victim and defl t also spoke by phone to each other
I during the time it is believed the victim sat in his true inhaling the carbon monoxide fumes. At
some point, the defendant told the victim to get baok his truck" when ho exited because: he
was "scared that it was working". Based on this, the onwealth sought to indict the
I defendant as a youthful offender on the charge of invo ary manslaughter, arguing that the
defendant's wanton and reckless conduct caused the vi 's death.
I When reviewing a motion to dismiss a you offender indictment. the court may not
dismiss the indictment, absent an error oflaw. Comm nwealth v. Clint C., 430 Mass. 219
(1999). There must be sufficient evidence presented t the Grand Jury establishing probable
I cause to show 1hat ( 1) the juvenile was between the as of fourteen and eighteen at the time of
the offense; (2) the offense, if comnrltted by an adult, i punishable by imprisonment in State
prison, and (3) the juvenile was previously committed o the Department of Youth Services, or
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I 1 Thls case fnvolva teclrnology in the form of rut mess lng and phone calls ~tween two people hi a
romQ1111c relatioMhlp bDJed primarily on electronic contact. 'IYipldity ufthe electronic c:changes was almost
immediate, similar to a conver.ratlon.
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I Addendum 5
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Involuntary manslaughter is an unlawful homi de unintentionally caused by an act which
constitutes such a disregard of probable hannful cons uences to another as to amount to wanton I
or reckless conduct. Commonwealth v. Lifo Care Cent rs ofAmerica, Inc., 456 Mass. 826, 832
(2010). Wanton and reckless conduct generally invol sa wilful act that is undertaken in
disregard of the probable harm to others that may !d. A conviction of involuntary
manslaughter can, in some circumstances, be based on failme to act. I d.
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The elements of involuntary manslaughter b
the following:
e of wanton and reckless conduct are I
1.
2.
The defendant caused the viet' s death;
The defendant intended the con et that caused the victim's death;
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3. The defendant's conduct was on and reckless.
Evidence presented to the Grand Jury in the fo of text messages exchanged between
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the victim and the defendant in the months, weeks, da: and hours leading up to the victim's
suicide provided probable cause for 'the Grand Jury to d that the defendant's acta led to the
victim's death. The single act of the defendant telling e victim to get back into his truck after
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he told her he got out of the truck because he was 'esc it was working" was enough to find
probable cause that 1his was the cause of the victim's d . The Orand Jury could find probable
cause that had the victim not returned to his tnlck, his a1h would not have occurred.
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Commonwealth v. Rhoades, 379 Mass. 810,825 (1980 . The defendant's argument that the act
must be a physical act of force is incorrect. Caselaw d es not require that the act be a physical
act of force, only that it be an act. See i.e., Commonwe lth v. Catalina, 407 Mass. 779 (1990)
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(act was distribution of heroin); Commomv1alth v. W. r, 442 Mass. 185 (2004) (act was
mixing of medication into another's drink).
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Addendum 6
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I b. The defendant's act of telling e victim to get back iDto the track, aa
well aa her text me1sages to a end admitting that she eDeounaed
I the victim to commit auicide, s
conduct that caused tbe vie
owed that the defendant bltnded the
s death.
I Evidence presented to the Grand Jury in the f1 of text messages exchanged between
the defendant and her friend, Samantha Boardman, pr ded probable cause for the Orand Jury to
find that the defendant intended the conduct that caus the victim's death. In the text message
to lu:r friend, the defendant wrote that she told the vic to get back into the truck and then
I wrote that she "couldn't have him live that way the
couldo~t do it. I wouldn't let him." This information
he was living anymore. I (the defendant)
ided probable cause for the Otand Jury
to find that the defendant intended the conduct that ca ed the victim's death.
I e. The defendant's eonduct of m nths of text messages encouraging and
guidin1 the vldim to commit ield~ together with telling the victim
I to get back into his truck, sh ed that the defendant's conduct wu
wanton and reckless. '
I Evidence presented to the Grand Jury in the fo of text messages exchanged between
the defendant and victim and between the d~fcndant her friend provided probable cause for
the Gmnd Jury to find that the defendant's conduct w wanton and reckless. lnPersampieri v.
Commonwealth, 343 Mass. 19 ( 1961 ), the Supreme J cial Court found the petitioner's conduct
I to be wanton or reckless when he taunted his emotio
kill herself before, to kill herself, telling her where the
y disturbed wife, who had attempted to
was, loading the gun for her and
telling her how best to position the gun. The Supreme udicial Court wrote that his actions were
I wanton or reckless showing a ''reckless disregard of hi wife's safety and the possible
consequences of his conduct." Id at 23. In this case, e Commonwealth presented the Grand
Jury with text messages between the defendant and th victim in the weeks prior to 1he suicide
I and up to the day of the suicide in which the d.efendan: tells the victim where he should drive his
truck, how he should procure the compression tank, how he should set it up to be successful
in his suicide. Text messages were also presented wh e the defendant repeatedly questioned the
I victim about when he was going to do -it, why he was 'ting to do it, why he was postpohing
doing it and where~ was going to do it. In addition, e text message between the defendant
and her friend reporting she told the victim to get bac into his truck showed a reckless disregard
I for the victim. Even if the defendant did not unders the consequences of her actions, a
reasonable person would have realized l:hat telling a p on to get back into a truck filled with
caroon monoxide would pose a grave risk of danger to that person.
I l. Involuntary ManslaugbterJF:aUure to Ac
I Evidence presented to the Grand Jury in the fa of text messages between the defendant
and her friend, Samantha Boardman, provided probab cause that the defendant created a
situation that posed a grave risk of death or serious inj . The defendant textcd to her friend
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that she told the victim to get back into his truck after told her he got ou.t because it ..was
working and he got scared." The defendant also that she heard the pump working in the
background, the purpose of which she knew, hued on . messages exchanged between the
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defendant and the victim explainin& how the pump wo ked and how it could bring about the
victim's death in a fast and painless way. The def; t's numerous texts to the victim included
counseling him on various suicide methods, the best e of day to commit suicide and the best
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location. The Orand Jury could find probable cmse t the defendant's acts created a graYe risk
of death to the victim, and, indeed, lead to his death, 'lar to starting a fire and walking away
from it. Commonwealth v. Levesque, 436 Mass. 443 ( 002).
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Evidence presented to the Orand Jury provide probable cause that the defendant's failure
to act caused the victim's death. Phone records ted to the Grand Jury showed that the
defendant and the victim spoke on the phone for appro imately 45 minutes during the time that
investigators believe the victim was sitt.ina in his true inhaling carbon monoxide fumes. In
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addition, the defendant sent text messages to the vi telling him she wanted to be with him
and asking him to give her the exact time he would "d it." Durin& that time, the defendant was
also sending text messages to her friend, Samantha Bo writing "he (the victim) just
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called me and there was a loud noise like a motor and heard moaning like someone was in pain
and he wouldn't answer when I said his name." Duri tbat time the defendant could have called
911 and told them what she heard on the phone. The d fehdant knew where the vehicle was
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located, knew wbat the victim was planning on doing the vehicle and, in fact, told the victim
to get back into the 'lnlck when he left because he was 'scared" it WIIS working. During this 45
minutes, if not before, the defendant had the ability to 911 or contact another individual to I
seek help for the victim, but she failed to do so. The and Jury could find probable cause that
her failure to act within the 45 minutes, as well as her truction to the victim to get back into
the truck after he got out of the truck, caused the victi 's death. I
c:. The defendant's failure to act as wanton and reckless. I
Evidence pte3ented to the Grand Jury provid probable cause that the defendant's failure
to act was wanton and reckless. Phone records show that the defendant and victim spoke for at
least 45 minutes during the time that it is believed the victim sat in his truck inhaling carbon I
monoxide fumes. Text messages between the defen t and her friend show that the defendant
knew what the victim was doing in the truck, heard th compression pump running, knew the
purpose of the compression pump, and knew where tb vehicle was located. In addition, the I
defendant, having known the victim for almost three ( ) years prior to the date of the victim's
death, a three (3) year period during which the victim d attempted to kill hlmself at least once
and was hospitalized for doing so, knaw that the viet' s mental state was fragile. The Grand
Jury could find a reasonable person under the same c stances would have recognized the
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ugravity ofthe danget' involved and therefore, the de ndant's failure to act to stop the victim's
actions was wanton and reckless. Commonwealth v. esque, at 452. I
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Addendum 8
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General Laws c. 265, 13, provides that whoe commits manslaughter shall be
I punished by imprisonment in the state prison for not re than twenty years. Evidence was
presented to the Grand Jury in the fonn of testimony ft m the investigating officer that
manslaughter is punishable by incarceration in a state son, providing the Grand Jury with
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3', The defendant committed an offeue that nvolves the threat of serious bodily
The Youthful Offender Act requires that either e defendant has been previously
I committed to the Department of Youth Services or co ed a fli'earm offense or an offense
that involves the inftiction of or threat of serious bodil harm. The defendant has not been
<:barged with a firearm offense and no evidence was ented to the Grand Jury that the
I defendant had been previously committed to the Dep ent of Youth Services. Testimony
presented by the investigating officer to the Grand Jury indicated that the offense of involuntary
manslaughter involves the infliction of or threat of seri us oodily harm. In its oral argument at
I the hearing on the motion to dismiss, the Commonwe indicated that it was proceeding against
the defendant as a youthful offendet on the theory of eat of serious bodily harm.
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juvenile." Felix F. at 516. The SJC also wrote "the C onwealth attempts to distinguish the
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facts of this case by analogizing to manslaughter convi ons where distribution of heroin was
determined to be conduct that 'involves a high degree f likelihood that substantial harm 'Will
result to another'."' The SJC then cites Commonwealth . Catalina, 407 Mass. 779 (1990) and
I
Commonwealth v. Auditore, 407 Mass. 793 (1990), an writes "those cases support our view [in
Felix F.]. howeVer. because the court considered wb er the defendant engaged in wanton or
reckless conduct ,necessary for the manslaughter convi tion by reviewing the defendant's actions
I
and the circwnstances of heroin distribution" The SJ cites faetors in those cases such BB the
defendant's knowledge that the heroin was highly po t, that the recipient bad a low tolerance
and a prior overdose and that the type of heroin being ld was two times stronger than the I
averase dose. The SJC noted that none of those facto were present in the Felix F. case.
In this case, the Grand Jury could find the defe dant engaged in wanton and reckless
conduct that involved a high degree oflikelihood that bstantial harm to another would result
I
due to her conduct. Though the defendant did not m e an explicit threat against the victim,
there was sufficient evidence presented to the Orand J for probable cause to show that an
implicit threat of serious bodily injury resulted due to er repeate4 conduct of counseling the
I
victim on various suicide methods, telling the victim e best time and location to commit
suicide, failing to aid the victim once she heard the co pression pump working and telling the
victim to get back into the truck after the victim got o because he became scared that "it was
I
working." The defendant's knowledge of the victim as similar to the knowledge of the heroin
dealer in Catalina; the defendant knew that the vic had tried to commit suicide once before,
knew that the victim had been researching ways to co t suicide online, knew that the victim
I
bad procured a compression pump, as she instructed to do, and knew that the victim had a
fragile mental state.
I
c.
The First Amendment of the United States Co itution does not protect conduct that
I
threatens another. Commonwealth v. Milo M., 433 s. 149,159 (2001). As previously
explained, the defendanes conduct threatened serio bodily harm to 1he victim. As such, the
defendant's conduct is not protected by the First Am dment.
I
I
For the foregoing reasons, the defendant's mo ion to dismiss the indictment is DENIED.
I
Dated: September 22,2015 y: ~
Bettina Otde1'SjitStJ\ltice
Juvenile Court Department I
Bristol County Division
At the hearing of a complaint against a child the court shall hear the
I testimony of any witnesses who appear and take such evidence relative
to the case as shall be produced. If the allegations against a child are
I proved beyond a reasonable doubt, he may be adjudged a delinquent
child, or in lieu thereof, the court may continue the case without a
finding and, with the consent of the child and at least one of the child's
I parents or guardians, place said child on probation; provided, however,
that any such probation may be imposed until such child reaches age
I eighteen or age nineteen in the case of a child whose case is disposed of
after he has attained his eighteenth birthday or age 20 in the case of a
child whose case is disposed of after he has attained his nineteenth
I birthday; provided further, that a complaint alleging a child to be a
delinquent child by reason of having violated the provisions of section
I 138, 138 liz, 138 %, section 22A, 228, 22C, 23, 23A, section 238 or
section 50 of chapter 265 shall not be placed on file or continued
without a finding. Said probation may include a requirement, subject to
I agreement by the child and at least one of the child's parents or
guardians, that the child do work or participate in activities of a type
and for a period of time deemed appropriate by the court.
I
If a child is adjudicated a delinquent child on a complaint, the court may
place the case on file or may place the child in the care of a probation
officer for such time and on such conditions as it deems appropriate or
may commit him to the custody of the department of youth services, but
the probationary or commitment period shall not be for a period longer
than until such child attains the age of eighteen, or nineteen in the case
of a child whose case is disposed of after he has attained his eighteenth
birthday or age 20 in the case of a child whose case is disposed of after
he has attained his nineteenth birthday.
Addendum 13
I
I
If a child is adjudicated a youthful offender on an indictment, the court
I
may sentence him to such punishment as is provided by law for the
offense. The court shall make a written finding, stating its reasons
therefor, that the present and long-term public safety would be best
I
protected by:
I
(a) a sentence provided by law; or
Addendum 14
I
I
I criminal conduct. In addition, the court may consider any other factors
it deems relevant to disposition. No such sentence shall be imposed
until a pre-sentence investigation report has been filed by the probation
I department and made available to the parties no less than seven days
prior to sentencing.
Addendum 15
I
I
custody of a facility supported by the commonwealth for the care,
custody and training of such delinquent child for not less than one year;
I
provided, however, that said period of time shall not be reduced or
suspended. I
The court may make an order for payment by the child's parents or
guardian from the child's property, or by any other person responsible
I
for the care and support of said child, to the institution, department,
division, organization or person furnishing care and support at times to
be stated in an order by the court of sums not exceeding the cost of said
I
support after ability to pay has been determined by the court; provided,
however, that no order for the payment of money shall be entered until I
the person by whom payments are to be made shall have been
summoned before the court and given an opportunity to be heard. The
court may from time to time, upon petition by, or notice to the person
I
ordered to pay such sums of money, revise or alter such order or make a
new order, as the circumstances may require. I
The court may commit such delinquent child to the department of youth
services, but it shall not commit such child to any institution supported
I
by the commonwealth for the custody, care and training of delinquent
children or juvenile offenders. I
Except in cases in which the child has attained the age of majority,
whenever a court of competent jurisdiction adjudicates a child as I
delinquent and commits the child to the department of youth services,
the court, in order to comply with the requirements contained in the
federal Adoption Assistance and Child Welfare Act of 1980 and any
I
amendments thereto, shall receive evidence in order to determine
whether continuation of the child in his home is contrary to his best I
interest, and whether reasonable efforts were made prior to the
commitment of the child to the department, to prevent or eliminate the
need for removal from his home; or whether an emergency situation
existed making such efforts impossible. No such determination shall be
made unless the parent or guardian of the delinquent shall have been
summoned before the court and, if present, given an opportunity to be
heard. The court, in its discretion, may make its determinations
concerning said best interest and reasonable efforts in written form, but
in the absence of a written determination to the contrary, it shall be
Addendum 16
I
I
I presumed that the court did find that continuation of the child in his
home was contrary to his best interest and that reasonable efforts to
prevent or eliminate the need for removal of the child from his home did
I occur. Nothing in this section shall diminish the department's
responsibility to prevent delinquent acts and to protect the public
I safety.
I
I
I
I
I
I
I
I
I
Addendum 17
I
I
G.L. c. 265 13 I
Massachusetts General Laws Annotated
Part IV. Crimes, Punishments and Proceedings in Criminal Cases I
(Ch. 263-280)
Title I. Crimes and Punishments (Ch. 263-274)
Chapter 265. Crimes Against the Person
I
13. Manslaughter; punishment I
Whoever commits manslaughter shall, except as hereinafter provided,
be punished by imprisonment in the state prison for not more than I
twenty years or by a fine of not more than one thousand dollars and
imprisonment in jail or a house of correction for not more than two and
one half years. Whoever commits manslaughter while violating the
I
provisions of sections 102 to 102C, inclusive, of chapter 266 shall be
imprisoned in the state prison for life or for any term of years. I
I
I
I
I
I
Addendum 18
I
I
I Statutes Prohibiting Assisting Or Encouraging Suicide
I Alabama: no statute
From Commentary to Ala. Code 13A-6-3 (2015): "No special treatment on
suicide was included in the [Alabama] Criminal Code. Absent a preponderance of
I calamities, exceptional cases may be left to the judgment of the grand jury or
prosecutive discretion."
I that would be murder, except that he or she causes the death under the
influence of extreme emotional disturbance for which there is reasonable
excuse.
I
I Addendum 19
I
I
(B) The reasonableness of the excuse is determined from the viewpoint of
a person in the actor's situation under the circumstances as the actor I
believed them to be;
(2) The person purposely causes or aids another person to commit suicide;
(3) The person recklessly causes the death of another person; or I
(4) Acting alone or with one (1) or more persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in furtherance of the felony or in immediate flight I
from the felony:
(i) The person or an accomplice negligently causes the death of any
person; or I
(ii) Another person who is resisting the felony or flight causes the
death of any person.
(b) It is an affirmative defense to any prosecution under subdivision (a)( 4) of I
this section for an offense in which the defendant was not the only participant
that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, I
procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly I
weapon; and
(4) Reasonably believed that no other participant intended to engage in
conduct which could result in death or serious physical injury. I
(c) Manslaughter is a Class C felony.
I by this state.
(III) "Palliative care" means medical care and treatment provided by a
licensed medical caregiver to a patient with an advanced chronic or
I life.
(c) Paragraph (a) of this subsection (4) shall not be interpreted to permit a
medical caregiver to assist in the suicide of the patient.
I (a) A person is guilty of murder when, with intent to cause the death of another
person, he causes the death of such person or of a third person or causes a
suicide by force, duress or deception; except that in any prosecution under this
I offense.
I
Addendum 21
I
I
A person is guilty of promoting suicide when the person intentionally causes or
aids another person to attempt suicide, or when the person intentionally aids I
another person to commit suicide.
Promoting suicide is a class F felony.
I
Florida: Fla. Stat. Ann. 782.08 (West 2015)
Every person deliberately assisting another in the commission of self-murder
shall be guilty of manslaughter, a felony of the second degree, punishable as I
provided ins. 775.082, s. 775.083, or s. 775.084.
Addendum 22
I
I
I (5) Any person advocating on behalf of a patient in accordance with this
subsection.
(d) Within ten days of a conviction, a health care provider who is convicted of
I violating this Code section shall notify in writing the applicable licensing board
for his or her licensure, certification, registration, or other authorization to
conduct such health care provider's occupation. Upon being notified and
I (1) A person is guilty of a felony if such person, with the purpose of assisting
another person to commit or to attempt to commit suicide, knowingly and
intentionally either:
Addendum 23
I
I
violating, the provisions of subsection (1) of this section may be obtained by any
person who is: I
(a) The spouse, parent, child or sibling of the person who would commit
suicide;
(b) A court appointed guardian of the person who would commit suicide; I
(c) Entitled to inherit from the person who would commit suicide;
(d) A health care provider of the person who would commit suicide; or
(e) A public official with appropriate jurisdiction to prosecute or enforce the I
laws of this state.
(5) The following shall not be deemed a violation of the provisions of this
section: I
(a) A health care professional who administers, prescribes or dispenses
medications or procedures to relieve another person's pain or discomfort,
even if any such medication or procedure may hasten or increase the risk of I
death, unless such medications or procedures are knowingly and
intentionally administered, prescribed or dispensed to cause death.
(b} A health care professional who withholds or withdraws treatment or I
procedures in compliance with a living will and durable power of attorney
for health care, a health care directive, a physician orders for scope of
treatment form or any other similar document that satisfies the elements set I
forth in chapter 45, title 39, Idaho Code, or upon a refusal to consent or
withdrawal of consent by the patient, or if the patient is unable to give or
refuse consent, and does not have a living will and durable power of attorney I
for health care, a health care directive, a physician orders for scope of
treatment form or any other similar document that satisfies the elements set
forth in chapter 45, title 39, Idaho Code, by a person authorized to refuse or I
withdraw consent pursuant to section 39-4504, Idaho Code, shall not be
deemed to have violated the provisions of this section.
(6) As used in this section: I
(a) "Health care professional" means any person licensed, certified or
registered by the state of Idaho to deliver health care.
(b) "Suicide" means the act or instance oftaking one's own life.
Addendum 24
I
I
I participates in a physical act by which another person commits or attempts
to commit suicide.
I For the purposes of this Section, "attempts to commit suicide" means any act
done with the intent to commit suicide and which constitutes a substantial
step toward commission of suicide.
I (b) Sentence. Inducement to commit suicide under paragraph (a)(1) when the
other person commits suicide as a direct result of the coercion is a Class 2 felony.
Inducement to commit suicide under paragraph (a)(2) when the other person
I Inducement to commit suicide under paragraph (a)(2) when the other person
attempts to commit suicide as a direct result ofthe assistance provided is a Class
A misdemeanor.
I (c) The lawful compliance or a good-faith attempt at lawful compliance with the
Illinois Living Will Act,1 the Health Care Surrogate Act,2 or the Powers of
Attorney for Health Care Law3 is not inducement to commit suicide under
I Sec. 2. A person who intentionally causes another human being, by force, duress,
or deception, to commit suicide commits causing suicide, a Level 3 felony.
Addendum 25
I
suicide, or participates in a physical act by which another person commits or
attempts to commit suicide.
I
Kansas: Kan. Stat. Ann. 21-5407 (West 2015)
(a) Assisting suicide is:
I
(1) Knowingly, by force or duress, causing another person to commit or
attempt to commit suicide; or
(2) intentionally assisting another person to commit or to attempt to commit
I
suicide by:
(A) Providing the physical means by which another person commits or
attempts to commit suicide; or
I
(B) participating in a physical act by which another person commits or
attempts to commit suicide.
(b) Assisting suicide as defined in:
I
(1) Subsection (a)(1) is a severity level 3, person felony; and
(2) subsection (a)(2) is a severity level 9, person felony.
I
Kentucky: Ky. Rev. Stat. Ann. 216.302 (West 2015)
(1) A person commits a Class C felony when the person knowingly by force or
duress causes another person to commit or to attempt to commit suicide.
I
(2) A person commits a Class D felony when the person, with the purpose of
assisting another person to commit or to attempt to commit suicide, knowingly
and intentionally either:
I
(a) Provides the physical means by which another person commits or
attempts to commit suicide; or
(b) Participates in a physical act by which another person commits or I
attempts to commit suicide.
Addendum 26
I
I
I (2) Prescribes, dispenses, or administers any medication, treatment, or
procedure if the intent is to relieve the patient's pain or suffering and not to
cause death.
I Maine: Me. Rev. Stat. Ann. Tit. 17, 204 (West 2015)
1. A person is guilty of aiding or soliciting suicide if he intentionally aids or
I solicits another to commit suicide, and the other commits or attempts suicide.
2. Aiding or soliciting suicide is a Class D crime.
I Massachusetts: No statute.
I commits suicide.
(b) Participates in a physical act by which the other person attempts or
commits suicide.
I Missouri: no statute
I Criminal Law Commission Comments: "If the conduct of the offender made him
the agent of the death, the offense is criminal homicide notwithstanding the
I consent or even the solicitations of the victim. See sections 95-5-101 through 94-
5-105 [now MCA, 45-5-102 through 45-5-104]."
I to commit suicide.
(2) Assisting suicide is a Class IV felony.
I Nevada: no statute
I Aiding Suicide. A person who purposely aids another to commit suicide is guilty
of a crime of the second degree if his conduct causes such suicide or an
attempted suicide, and otherwise of a crime of the fourth degree.
I to be enjoined;
(3) A person entitled to inherit from a person who is preparing or has
prepared to commit, who is attempting or has attempted to commit, or who
I If an injunction is granted, the court may award the party requesting the
injunction all reasonable attorney's fees, which shall be considered damages.
I dependentperson;or
(B) The person causes the death by neglect or maltreatment, as defined in
ORS 163.115.
(2) Manslaughter in the second degree is a Class 8 felony.
I Pennsylvania: 18 Pa. Cons. Stat. 2505 (2016)
I
I Addendum 31
I
I
(a) Causing suicide as criminal homicide.--A person may be convicted of criminal
homicide for causing another to commit suicide only if he intentionally causes I
such suicide by force, duress or deception.
(b) Aiding or soliciting suicide as an independent offense.--A person who
intentionally aids or solicits another to commit suicide is guilty of a felony of the I
second degree if his conduct causes such suicide or an attempted suicide, and
otherwise of a misdemeanor of the second degree.
I
Puerto Rico: 33 L.P.R.A. 4738
Any person who assists or abets another into committing suicide or initiating
the execution of suicide shall incur a third degree felony. I
Rhode Island: R.I. Gen. Laws Ann. 11-60-3 (West 2015)
An individual or licensed health care practitioner who with the purpose of I
assisting another person to commit suicide knowingly:
(1) Provides the physical means by which another person commits or attempts
to commit suicide; or I
(2) Participates in a physical act by which another person commits or. attempts
to commit suicide is guilty of a felony and upon conviction may be punished by
imprisonment for up to ten (10) years, by a fine of up to ten thousand dollars I
($10,000) or both.
I causing death, or the purpose of assisting in causing death, for any reason.
(D) Subsection (C) must not be construed to affect the duty of care or legal
requirements other than those in this section concerning acts or omissions
I (2) entitled to inherit from the person who would commit suicide;
(3) a current or former health care provider of the person who would
commit suicide;
I An injunction shall legally prevent the person from assisting any suicide in this
State regardless of who is being assisted.
I Addendum 33
I
I
(1) Intentionally provides another person with the means by which such
person directly and intentionally brings about such person's own death; or I
(2) Intentionally participates in a physical act by which another person
directly and intentionally brings about such person's own death; and
(3) Provides the means or participates in the physical act with: I
(A) Actual knowledge that the other person intends to bring about such
person's own death; and
(B) The clear intent that the other person bring about such person's own I
death.
(b) It is not an offense under this section to:
(1) Withhold or withdraw medical care as defined by 32-11-103; I
(2) Prescribe, dispense, or administer medications or perform medical
procedures calculated or intended to relieve another person's pain or
discomfort but not calculated or intended to cause death, even if the I
medications or medical procedures may hasten or increase the risk of death;
or
(3) Fail to prevent another from bringing about that person's own death. I
(c) This section shall not in any way affect, impair, impede, or otherwise limit or
render invalid the rights, privileges, and policies set forth in the Tennessee Right
to Natural Death Act, compiled in title 32, chapter 11; the provisions for the I
durable power of attorney for health care, compiled in title 34, chapter 6, part 2;
or the do not resuscitate (DNR) regulations ofthe Tennessee board for licensing
health care facilities issued pursuant to 68-11-224. I
(d) A cause of action for injunctive relief may be maintained against any person
who is reasonably believed about to violate or who is in the course of violating
subsection (a), by any person who is: I
(1) The spouse, parent, child, or sibling of the person who would bring about
such person's own death;
(2) Entitled to inherit from the person who would bring about such person's I
own death;
(3) A health care provider or former health care provider of the person who
would bring about such person's own death; or I
(4) A public official with appropriate jurisdiction to prosecute or enforce the
laws of this state.
(e) A cause of action for civil damages against any person who violates or I
attempts to violate subsection (a) may be maintained by any person given
standing by subsection (d) for compensatory damages and exemplary damages,
whether or not the plaintiff consented to or had prior knowledge of the violation I
or attempt. Any compensatory damages awarded shall be paid as provided by
law, but exemplary damages shall be paid over to the department of revenue for
deposit in the criminal injuries compensation fund, pursuant to 40-24-107. I
(f) Reasonable attorney's fees shall be awarded to the prevailing plaintiff in a
civil action brought pursuant to this section. If judgment is rendered in favor of
the defendant and the court finds that the plaintiffs suit was frivolous or I
brought in bad faith, the court shall award reasonable attorney's fees to the
defendant.
I
Addendum 34 I
I
I
I (g) Assisted suicide is a Class D felony.
I "(a) A person commits an offense if, with intent to promote or assist the
commission of suicide by another, he aids or attempts to aid the other to commit
or attempt to commit suicide.
I (b) An offense under this section is a Class C misdemeanor unless the actor's
conduct causes suicide or attempted suicide that results in serious bodily injury,
Utah: no statute
I Vermont: no statute
I Virginia: no statute
Wyoming: no statute
I
I
I
I
I
I Addendum 35
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I 91-Ts_ '291 Sent To 6118/2014 Sent I Sorry 1hao a therapy group and h.inch
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just hanging out Visiting hours are at 7 so it's free time I
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wonderinp if I'll ever have a conversation with anyone and seem intelligent
Roy Conrad _____-4~4L)______+---~~h~ow~~=n~--------------------------~-------
I
316 lnbox From 6/21/2014 Read seem lnteltigent, if I'm not how would I be happy with myself. how would I
11 :49:08 AM(UTC change the world and make rt a batter place when I'm just miserable ell the 1
I
2 7746788688
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-+4~)________-+-----+---------------------------------------~-----
316 lnbox From l 6/21/2014 Read which is so out of proportionate it's fuckin summer and ur right I'm not living
3 n4s788688 11 :49:10 AM(UTC- I'm existing when will I ever live again. I picture myself as being mise
Roy Conrad 4)
316 lnbox
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6/21/2014
11:49:11 AM(UTC-
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___ r---- -~oy Con~_:_ _______-+42 ) _ _ _ _ _ _+--+-------------------------------------------l-----------'
nd could find myself and be happy with who I am, but I'm not Michelle, I
wouldn' want anyone to think what I'm thinking and shit, I want people to me
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318
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6121/2014
~11 :49:14 AM(UTC-
Read ime anti feel like a waste of a life, I could be doinll a million thing& right now
with my thoughts in line but no I'm at my house laying down feeling aorr I
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'in life. I don't wannabe the loeer who sticks In their parents house forev
+----+---------------------------+----
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!317 lnbox From 6/21/2014 Read e a kid who's gonna be depressed like me. I don't wanna them to suffer,
14
317 lnbox
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n46786686
11:49:31 AM(UTC-
6/21/2014
11:49:32 AM(UTC-
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that's gonna make me feel like a failure end that's what my parents feel ,
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distant memories of being suicidal at the mental hoepital and I know I have
1
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6/21/2014
1 11:49:34 AM(UTC-
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i started having problems, I think I met you after idk. but I wasted that year. I
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317 lnbox 1From 6/21/2014 ole life to live but these burdens are draggin~ me down so down down, I
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11 :49:41 AM(UTC-
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6/21/2014
11:49:44 AM(UTC-
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I ga ------------+~-_
y throughout the whole year when i was 16 working for my grandpas
business. and blew most of the money gambling, I forget when I met you
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6/21/2014
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me I'm strong and shit but I just let everything get handed to me and let 1
1
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2 7746788688 11:49:48 AM(UTC- this long story but idk I just keep writing. I know I ahouldn't look in
-------------------!---- . . __
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6/21/2014
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11 :49:51 AM(UTC-
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Read nteresting in Ieeming seemed like, and I didn~ wanna ask questions
because I didn't want ppl tho think I was dumb, so I kept my mouth shut end 1
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318 lnbox From 6/21/2014 -- i everyone give me stuff ~out truly e;,;,t~g-il-;,;-dif;-;u;;;;,;;J;;ij~ get ,;;~-t]----;
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4 7746768888 11:49:53 AM(UTC- irs an coming to fuck me In the ass, irs all my fault I made myselfwh
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318 1nbox 16/21/2014 Raad je I failed and will never get batter. not confident in getting better. idk ---
5 1I 46788888 n 1 11 :49:54 AM(urc- 1
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11:50:01 AM(UTC-
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o I am but I didn~ realize it and I'm eo stuck 1 don't know how to and why or
when to flx I'm eo lost In myself, that yeah I gave up, I'm letting my neg
------------------------------------------}------
, etive thoughts get to me and it's killing me. my parents love me to death and
II'm very lucky to have them in my life and very fortunate but idk. feellik
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Roy Conrad
To
n4678888S
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6/21/2014
12:05:35 PM(UTC
Sent
Sent------ I I wanna write you a letter, that would be easier to write all my thoughts down
I
L- 7746786886
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12:12:40 PM(UTC-
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- ------ ----------Addendum
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From
7746768668
Roy Conrad
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6/23/2014
1O: 13:26 AM(UTC-
4)
612312014
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go ahead lmao
What should I do
3 7746788888 10:14:00 AM(UTC-
I 339
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6/23/2014
10:14:49AM(UTC-
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Read idk
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---- -'------------
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10:16:22 AM(UTC-
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---
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7748766886
Roy Conrad*
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6123/2014
10:17:33 AM(UTC
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8/23/2014 Sent
Read Ughhhhl\ I'm at the psychiatrist appt
I 339
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4)
8/2312014
10:18:44 AM(UTC
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Read alright:(
340 lnbox From S/2312014 Read I wanna see you today so bad
I 0
340
1
Sent
7746788888
Roy Conrad
To
7746788888
10:18:51 AM(UTC
4)
8/2312014
10:21:47 AM(UTC-
Sent Don't be scared or sad. This is gonna help youl And I wanna see you so bed
too ( I'm sony today dldn~ work
Roy Conrad 4L
---
I 340
2
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Roy Conrad
From
6/23/2014
10:22 15 AM(UTC-
4)
6/23/2014
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You never answered back last night! Haha
I I Roy Conrad 4)
i340 In box From 6/2312014 Read myself just wants to die
--
!4 7746788888 10:22:41 AM(UTC-
Roy Conrad 4)
340 lnbox From 8/23/2014 Read but I can't
I 340
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Roy Conrad
10:22:51 AM(UTC
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6/23/2014
10:22:58 AM(UTC-
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Sent I do get it
--- --
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---"- ---
6/23/2014
10:23:32 AM(UTC-
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6/23/2014
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Tell this to your therapist when u get one
----~---- ----~---~
Maybe they can help you more than I can because they're professional and
8 7746786888 10:26:01 AM(UTC- know what to do
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I 340
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Roy Conrad*
6123/2014
10:54:42 AM(UTC-
4)
Sent I know you, and I know you don't think your strong enough to do this, but
you ere
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0 7746788888 11:25:40 AM(UTC-
Roy Conrad 4)
341 Sent To 6/23/2014 Sent How'ditgo
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1 7746788888 11:26:13 AM(UTG-
Roy Conrad 4)
I
341 lnbcx From 6/23/2014 Read Ehhh alright. I just couldn't express myself
2 7746788888 11:26:43 AM(UTC-
Roy Conrad-~------------ '9______________...
----- ---------------------w-~-w-----------
341 Sent To 6123/2014 Sent What did he ask you
3 7748788888 11:27:57 AM(UTC
Roy Conrad 4)
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612312014
11:57:22 AM(UTC-
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5
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6123/2014
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16123/2014
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1have a normal memory
-
mine is so bact. like any fact or anything feels like it's gone. everything like I
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3 I : 7746788888 ; 12:57:55 PM(UTC- 1 can't relearn stuff
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:Have you ever done it before? Don't because once u start its like impossibile:
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6/29/2014
7:45:56 PM(UTC-
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408 In box From 6/29/2014 Read bU1 when I did it I knew I was going to for awhile
I
6 7746788888 7:46:15 PM(UTC-
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408 Sent To 8/29/2014 Sent Going to what?
7 7746788888 7:46:33 PM(UTC-
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408 In box From 6/29/2014 Read overdose
;
8 7746788888 7:46:49 PM(UTC-
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408 Sent To 6/29/2014 Sent I'm contused what you just said
9 7746788688 7:47:37 PM(UTC-
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6129/2014
7:47:37 PM(UTC-
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tbh I don't eveh sleep at night I just think. and don't wanlia talk to anyone
409
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6/29/2014
7:49:48 PM(UTC-
4)
Sent Did you feel proud or regretful after you overdosed? I
I
409 Sent To 6/29/2014 Sent And what do you think about
3 7748788866 7:49:58 PM(UTC-
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409 lnbox i From 6129/2014
7:50:07 PM(UTC-
Read I didn't feel anything
4 7748788888
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6129/2014
7:51:56 PM(UTC-
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6/2912014
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can I tell you something
409
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7746788888
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4)
6129/2014
7:54:40 PM(UTC
4)
Read !hera's nothing anyone can do for me thafs ~onna make me wanna live. ifs
very bad to hear, but I want to let you know t at. truthfully. I haven't been
I
409 lnbox From 612912014 Read happy with myself ever. I have split personalities and I don1 know who I am,
8
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7746788888
7:54:41 PM(UTC-
4)
6/29/2014
7:54:42 PM(UTC
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I try to copy everyone else and I'm just never gonna be me. because I don'
410
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6129/2014
7:57:08 PM(UTC-
4)
6129/2014
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Why can~ you?
410
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Sent
Roy Conrad
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7746768868
Roy Conrad
-
4)
6/2912014
7:58:19 PM(UTC
4)
Sent Thank you for letting me know that. And I'm sorry what I've been doing isn't
enough, you know I'm trying my absolute hardest. I
410 Sen! To 6129/2014 Sent What do you want to be?
3
410
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7746768888
Roy Conrad
From
7746788888
7:56:52 PM(UTC-
4)
6/29/2014
7:59:13 PM(UTC
4)
Read No. you don't understand I
Roy Conrad
410
5
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To
7746788888
Roy Conrad
From
6/2912014
7:59:41 PM(UTC-
4)
8/29/2014
Sent
Read
What don't I understand ?
I WANT TO DIE
I
6 7746788888 8:00:09 PM(UTC-
I
Roy Conrad 4)
---
410 lnbox From 6/2912014 Read if I have to be obvious
-~--.
410 Sent To 6/2912014 Sent I know you want to I But I just don't get why you're still holding on if you want
I
8 7746766888 8:00:55 PM(UTC to so badly.
Roy Conrad 4)
410 Sent To 6129/2014 Sent I know you want to and you research it and everything but are you actually
9 7748788886 8:05:54 PM(UTC realty gonna do It?
Roy Conrad 4)
411
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411
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From
7746788888
Roy Conrad'
To
6/29/2014
8:07:19 PM(UTC-
4)
6/2912014
Read
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Yah. if I can find a way to 100% work
402
Sent
In box
To
7746788888
Roy Conrad
From
6/29/2014
6:39:32 PM(UTC
4)
6/29/2014
Sent
Read
I understand how miserable you are babe
I 402
9
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Roy Conrad*
To
7746788888
Roy Conrad
4)
6/29/2014
6:41:24 PM(UTC-
4)
Sent Yeah I know more than you think I do
I 0
403
1
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7746788888
Roy Conrad
From
7746788888
6:49:33 PM(UTC-
4)
6/29/2014
6:50:59 PM(UTC.
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2
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Roy Conrad
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6/29/2014
6:55:42 PM(UTC-
4)
6/29/2014
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Thafs good and I'm awful I'm not gonna lie
I
Roy Conrad 4)
403 lnbox From 6/29/2014 Read
- --
you're not suicidal tho are you
4 7746788888 6:58:24 PM(UTC-
Roy Conrad 4) i
403 Sent To 6/29/2014 Sent No I'm not. I kinda used to be but I'm not anymore don't worry
I 5
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6
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Roy Conrad
From
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Roy Conrad
6:59:37 PM(UTC.
4)
6/29/2014
7:01:17 PM(UTC-
Read lam
4)
I 403
7
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Roy Conrad
To
8/29/2014
7:02:42 PM(UTC-
4)
6/29/2014
Read
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and ifs not because of you or anything don't feel bad I just really don't feel
like living, I have nothing to live for.
I know you say you're suicidal and say you don't feeilike living and stuff but
8 7746788888 7:04:01 PM(UTC- you're never actually gonna do it
Roy Conrad
I
4)
403 Inbox From 6129/2014 Read I've triad recently. but If I'm gonna do It lfs gotta be done suC(18ssfully
9 n4El78B888 705:22 PM(UTC-
Roy Conrad 4)
404 In box From 6/29/2014 Read And I'm still trying to figure out what I have to do to be successful
I
0 7746788688 7 06:07 PM(UTC-
Roy Conrad 4)
404 Sent To 6/29/2014 Sent What do you mean you've triad? How have ~ou tried? And you're not
1 7746788888 7:07:05 PM(UTC- successful because you know you don't rea y wanna die
Roy Conrad 4)
~-
I
404 In box From i 6/29/2014 Read I tried to water in1oxicatian. but you don't know how serious I am, I want to
2 7746788888 i 7:10:08 PM(UTC- really bad. the past week I've been researching. and if I'm gonna do It it
Roy Conrad 4)
404 lnbox From 8/29/2014 Reed has to be done
3 7748788888 7:10:34 PM(UTC-
Roy Conrad 4)
I 404
4
In box From
7746788888
Roy Conrad
8/29/2014
7:11:03 PM(UTC-
4)
Read ifs nothint you did, like you tried to help. but you don't get where I'm coming
from. I've een in mental hospitals and they fuckin suck. there's someth
404 lnbox From 8/29/2014 Read ing wrong with my head seriously. and It just needs to
5 7748788888 7:11:05 PM(UTC. end
I 404
6
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Roy Conrad
To
7746788888
Roy Conrad
4)
6/29/2014
7:12:23 PM(UTC-
4)
Sent wtf is that? And why didn't you tall me you tried!? You told me you weren't
gonna do it and now all of a sudden you're trying and are serious about it?
I
I
404
7
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Sent
From
7748788688
Roy Conrad*
To
6/2912014
7:15:05 PM(UTC-
4)
6/29/2014
Read
Sent
I didn't wanna scare uou I'm sorry
Don't be sorry and thank you but you should have told me! I don1 care if it
I
8 7746788888 7:17:00 PM(UTC- scares me. I just don't understand how you fail the attempt. I really don't
Roy Conrad 4) think you want to do this
I 404
9
405
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From
7746788888
Roy Conrad
To
6/29/2014
7:19:06 PM(UTC
4)
6/29/2014
Reed
Sent
Whet do you mean fall the attempt
I 405
1
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Roy Conrad
From
7748788888
Roy Conrad
4)
6129/2014
7:21:41 PM(UTC.
4)
Read I read a thing where if you drink enough water Hcould be fetal because it
lowers your sodium levels. I tried drinking all the water I could and nothing
I
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2 7746788888 7:21:42 PM(UTC-
Roy Conrad 4)
405 Sent To 6129/2014
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Sent That's a stupid way to try it because yours senses aren't 1;10nna let you
3 7746788888 7:23:55 PM(UTC- drown yourself
Roy Conrad* 4)
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You're body and mind won't let you
it's not drown yourself Irs getting all nutrients out of your body.
5 7748788888 7:24:47 PM(UTC-
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Addendum 49
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jtO die. You said nothing is 100%, so all the ktds in the world who have
committed SUICide knew that too. But they tried and were successful
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Sent And obvk;~;iy.. you don't wanna die then bec;use you wouldn't be scared
itry. You'd wanna try anything as much as you could
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1R'ead- ll . guess you're partially right.. I'm just still researching and hopefully find a
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4 15 ,Sent ; To 612912014 Sent IBut the mental hospital would help you . I know you don't think it would but
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.P-;;rt I I'm telling you, if you give them a chance. they can save your life
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So what are yougonna do then? Keep being all talk and no action and
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3 , 7746788888 9:07:39 PM(UTC~ everyday go thru saing how badly you wanna ktll yourself? Or are you gonna
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__try to get better?
I can'tgetbetterl already made my decision.
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IText me when you wake up
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'O 7746788888 9:23:44 PM(UTC~
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