Team Manual and Case Materials
for the
2018 Mock Trial Season
The Georgia High School Mock Trial Competition is a project of the Young Lawyers Division of the State Bar of Georgia
104 Marietta Street, NW; Suite 100; Atlanta, GA 30303 404/527-8779 or 800/334-6865 (ext. 779) Fax: 404/527-8717
www.georgiamocktrial.org [email protected]
Facebook: GeorgiaMockTrial Twitter: GA_MockTrial
Michael Nixon, Director/State Mock Trial Coordinator
2018 Mock Trial Team Manual TABLE OF CONTENTS ADA Compliance & Deadline Reminders ...... 3 Honor Roll of Georgia Champions ...... 4 Prior Georgia Mock Trial Cases ...... 5 Supporters of the GHSMT Competition ...... 6 YLD High School Mock Trial Committee ...... 7 Competition Rationale and Goals ...... 9
The 2018 Case Materials 2018 Case Credits...... 11 Introduction ...... 11 Stipulations ...... 11 Witness Summary & Exhibit Summary ...... 12 Indictment ...... 13 Pre-Trial Orders ...... 15 Witness Statements ...... 19 Exhibits ...... 51 Legal Authorities ...... 76 Charge of the Court...... 79
The 2018 Rules I. Rules of the Competition A. The Problem ...... 88 B. The Trial ...... 89 C. Judging ...... 96 D. Dispute Settlement ...... 99 II. Rules of Procedure A. Before the Trial ...... 101 B. Beginning the Trial ...... 101 C. Presenting Evidence ...... 101 D. Special Mock Trial Objections ...... 102 E. Critique ...... 102 III. Georgia High School Mock Trial Competition Rules of Evidence I. General Provisions ...... 102 II. Judicial Notice ...... 102 III. Presumptions in Civil Actions and Proceedings ...... 102 IV. Relevancy and Its Limits ...... 102 V. Privileges ...... 103 VI. Witnesses ...... 103 VII. Opinions and Expert Testimony ...... 105 VIII. Hearsay ...... 106 X. Contents of Writing, Recordings, and Photographs ...... 108 XI. Miscellaneous Rules ...... 108
Competition Information Timekeeper Instructions & Time Card Use Chart...... 109 Explanation of the Performance Ratings Used on the Mock Trial Ballot ...... 114
All competition forms may be found behind the password protected portion of the TEAM INFORMATION page of the mock trial website (www.georgiamocktrial.org)
Copyright © 2017 by the High School Mock Trial Committee of the Young Lawyers Division, State Bar of Georgia. All rights reserved. Permission to duplicate portions of this manual for non-profit educational purposes is hereby granted, provided acknowledgement is given to the Georgia High School Mock Trial Committee, Young Lawyers Division, State Bar of Georgia.
NOTICE OF MOCK TRIAL PROGRAM’S COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT REQUIREMENTS
If any team member has a disability and requires special assistance, special services, or printed materials in alternative formats in order to participate in the Georgia Mock Trial Competition, the Teacher Coach should contact the Mock Trial State Coordinator at 404/527-8779, 800/334-6865 (ext. 779) or [email protected] well in advance of the case release date or as soon as the student joins the mock trial team. There may be some delay in delivery of case materials in an alternative format if a coach does not inform the Mock Trial office of this request in a timely manner and well in advance of the case release date. At competition, it is not the intention of the High School Mock Trial Committee to disclose unnecessarily the special circumstances of any students; however, in some cases, limited disclosure is necessary to assure competition fairness. In such cases, disclosure will only be made to the extent necessary to assure fairness. Coaches with questions concerning the existence of any special circumstances should contact the Mock Trial office well in advance of competition day.
REMINDER OF DUE DATES
Team Member List (includes names of 4-Year Participants) ...... January 11, 2018 This form lists all young people on your team, including additional, non-competing members and timekeepers. All members must report birthdates. If you have new coaches since registration in October, please submit the Supplemental Team Coach Form. These forms are located under the Forms link in the Team Information section of the website and are to be sent to the Mock Trial office by the due date.
Trial Squad Roster Form ...... Competition Date/Each Round (Regional, District & State) This form lists Prosecution/Plaintiff and Defense squads separately, identifying the roles played by competing team members. It must be prepared according to instructions and duplicated for distribution to opponents and judging panels in all rounds at competition. This form is located under the Forms link in the Team Information section of the website.
Code of Ethical Conduct/Team Roster Form ...... Competition Date (Regional, District & State) All team members and coaches must sign this Code and deliver it to the trial coordinator at the trial site. This form is located under the Forms link in the Team Information section of the website.
District Champion Paperwork ...... February 21, 2018 All required forms for State Finals are due BEFORE NOON on this date. Early submission of these materials is greatly appreciated. These forms will be provided to the appropriate teams in the Regional Champion at the end of the regional level of competition.
Attorney Coach CLE Form ...... March 15, 2018 All attorney coaches wishing to receive CLE credit for coaching during the 2018 mock trial season must submit this form to the Mock Trial office. An attorney coach must coach at least 10 hours in order to be eligible for the credit. Contact the Mock Trial office with any questions. This form is located both under the Forms section on the Team Information and Volunteer pages of the Mock Trial website.
Outstanding Coach Award Nominations ...... April 15, 2018 Information about nominating a coach for an Outstanding Coach award may be found on the Mock Trial website on the Team Information page.
v. 1.0: 10/11/17 3 Honor Roll of Georgia’s State Champion Mock Trial Teams
1988 – Jonesboro High School, Jonesboro ...... Dallas, TX (placement unknown*) 1989 – Brookstone School, Columbus ...... Louisville, KY (placement unknown*) 1990 – Brookstone School, Columbus ...... Portland, OR (7th place—tie) 1991 – South Gwinnett High School, Snellville ...... New Orleans, LA (4th place) 1992 – Brookstone School, Columbus ...... Madison, WI (11th place) 1993 – Crisp County High School, Cordele ...... Atlanta, GA (9th place) 1994 – Northwest Whitfield High School, Tunnel Hill ...... Chicago, IL (15th place) 1995 – South Gwinnett High School, Snellville ...... Denver, CO National Champion 1996 – Redan High School, Stone Mountain ...... Pittsburgh, PA (4th place) 1997 – Ware County Magnet School, Manor ...... Nashville, TN (11th place) 1998 – Clarke Central High School, Athens ...... Albuquerque, NM (6th place) 1999 – Clarke Central High School, Athens ...... St. Louis, MO National Champion 2000 – Henry W. Grady High School, Atlanta ...... Columbia, SC (13th place) 2001 – Riverdale High School, Riverdale ...... Omaha, NE (13th place) 2002 – Jonesboro High School, Jonesboro ...... St. Paul, MN (10th place) 2003 – Jonesboro High School, Jonesboro ...... New Orleans, LA (16th place) 2004 – Clarke Central High School, Athens ...... Orlando, FL (23rd place) 2005 – Henry W. Grady High School, Atlanta ...... Charlotte, NC (16th place) 2006 – Jonesboro High School, Jonesboro ...... Oklahoma City, OK (5th place) 2007 – Jonesboro High School, Jonesboro ...... Dallas, TX National Champion 2008 – Jonesboro High School, Jonesboro ...... Wilmington, DE National Champion 2009 – Henry W. Grady High School, Atlanta ...... Atlanta, GA (8th place) 2010 – Henry W. Grady High School, Atlanta ...... Philadelphia, PA (3rd place) 2011 – Henry W. Grady High School, Atlanta ...... Phoenix, AZ (4th place) 2012 – Henry W. Grady High School, Atlanta ...... Albuquerque, NM (2nd place) 2013 – Middle Georgia Christian Homeschool Association, Macon ...... Indianapolis, IN (35th place) 2014 – Jonesboro High School, Jonesboro ...... Madison, WI (34th place) 2015 – Northview High School, Johns Creek ...... Raleigh, NC (2nd place) 2016 – Jonesboro High School, Jonesboro ...... Boise, ID (17th place) 2017 – Henry W. Grady High School, Atlanta ...... Hartford, CT (3rd place)
*From 1983 until 1990, only the placement of the top four teams was announced during the national level of competition.
v. 1.0: 10/11/17 4 Cases Used and Issues Studied in Previous Georgia Mock Trial Seasons
1988 – State v. Bryant ...... Drug Trafficking (Entrapment Defense) 1989 – Johnson v. Bowen ...... DUI (Host Liability) 1990 – State v. Barrett ...... Homicide (Battered Woman Syndrome) 1991 – Hills v. Midway School Board ...... Freedom of Speech in a School Setting 1992 – State v. Binder ...... Drug Trafficking 1993 – Alexander v. Cooper, Cook & Troy ...... Sexual Harassment in the Workplace 1994 – U.S. v. Remy ...... Conspiracy to Import Drugs 1995 – Tenebrous v. Busy Bee Express ...... Personal Injury 1996 – State v. Foil ...... Homicide 1997 – Ortega v. Brewster ...... Wrongful Death 1998 – State v. Peterson ...... Involuntary Manslaughter and Hazing 1999 – O’Riley v. Happy Daze Daycare Center ...... Personal Injury 2000 – State v. Brunetti ...... Homicide 2001 – Hamilton v. Sadler ...... Libel 2002 – State v. Cunningham ...... Homicide/Self-Defense 2003 – Schwinn v. Farnsworth ...... Comparative Negligence 2004 – State v. Finn ...... Homicide 2005 – Fields v. Register ...... Wrongful Death 2006 – State v. Banks ...... Homicide/Arson 2007 – LaQuinta v. Hill...... Wrongful Death 2008 – State v. Bryant ...... Drug Trafficking (Entrapment Defense) 2009 – Sadler v. Hamilton...... Tort/Battery 2010 – State v. Stafford ...... Aggravated Assault 2011 – Greenwood v. Durden ...... 42 USC § 1983 Action (Social Media & Freedom of Speech) 2012 – State v. Capulet ...... Homicide/Self Defense 2013 – Cowell v. Roberts ...... Negligence/Malice 2014 – State v. Pyke ...... Homicide 2015 – Stuart v. Garfunkel Property Group ...... Negligent Hiring/Negligent Retention 2016 – State v. Talbot Berrien ...... Burglary 2017 – Cobb v. Bryson ...... Tort/Battery
v. 1.0: 10/11/17 5 Supporters of the Georgia High School Mock Trial Competition From July 1, 2016 to June 30, 2017 We appreciate the generosity of those whose donations make possible the programs offered by the YLD High School Mock Trial Committee. We welcome supporters and accept tax-deductible contributions through the State Bar of Georgia Foundation. Major Grantors State Bar of Georgia Young Lawyers Division of the State Bar of Georgia Product Liability Section
Patrons Shiver Hamilton, LLC (Atlanta)
Benefactors Hon. George and Sandra Carley Wheeler Reporting Company, Atlanta
Sponsors Stuart and Elizabeth Bondurant Edward J. Hardin Noah Pines Hons. S. Crews-Morris Ronald Gerald and Joy Jobe Claudia Saari Ramsey, and Kiesha Storey Betsy Lambert Patricia Griffith McCurdy & Candler, LLC, Decatur
Friends Robert L. Kight
In-Kind Donors Chick-fil-A Dwarf House, Joe Wilburn, Jonesboro Western Circuit Bar Association Cobb County Bar Association, Younger Lawyers Section, Zaxby’s, Athens Marietta
v. 1.0: 10/11/17 6
THE 2017-2018 HIGH SCHOOL MOCK TRIAL COMMITTEE Nicole Leet, YLD President Hon. Rizza O’Connor, YLD President-Elect Peyton Bell, HSMTC Chair Amanda Bersinger, HSMTC 1st Vice Chair Stephen Pruitt, HSMTC 2nd Vice Chair
Consultant Emeritus to the GHSMT Committee Past GHSMT Hon. George H. Carley, Ret., Committee Chairs Supreme Court of Georgia Warner S. Fox (1987-89) Elizabeth B. Hodges (1987-89) Special Consultant to the GHSMT Committee Susan B. Devitt (1989-90) Hon. Stephen Louis A. Dillard, Joseph A. Roseborough (1990-91) Judge, Court of Appeals of Georgia Aimee R. Maxwell (1991-92) Gregory S. Smith (1992-93) Ex-Officio Lela Smith Bridgers (1993-94) Buck Rogers Cathy Cox Brakefield (1994-95) President of the State Bar of Georgia Julie D. Culhane (1995-96) Catherine H. Hicks (1996-97) Ken Hodges H. Suzanne Smith (1997-98) State Bar of Georgia President-Elect Frederick N. Sager, Jr. (1998-99) Pat O’Connor Roy E. Manoll, III (1999-00) State Bar of Georgia Immediate Past President Jennifer B. Mann (2000-01) Jennifer Mock Christine S. Barker (2001-02) Immediate Past Young Lawyers Division President Candace L. Byrd (2002-03) Robert A. McDonald (2003-04) Leah E. McEwen (2004-05) Jason B. Thompson (2005-06) Tania T. Trumble (2006-07)
Sara A. “Sally” Evans (2007-08) William H. Noland (2008-09) Stacey G. Evans (2009-10) Ashley M. Palmer (2010-11)
Jon Setzer (2011-12) Deshala Dixon (2012-13) Kevin E. Epps (2013-14) Lee Ann Feeley (2014-15) E. Righton Johnson (2015-16) Adam Hebbard (2016-17)
v. 1.0: 10/11/17 7 THE 2017-2018 HIGH SCHOOL MOCK TRIAL SUBCOMMITTEES
Regional Coordinators Subcommittee on the Rules Special Projects Task Force Kim Colmey Kevin Epps, Chair Aimee Maxwell, Chair Julie Culhane Christy Barker Julie Culhane Lauren Ducharme Peyton Bell Rhonda Klein Kevin Epps Amanda Bersinger Nicole Golden Julie Culhane 2017 Law Academy Faculty & Staff Adam Hebbard Will Davis Norman Barnett Kim Stahl Hidir Deshala Dixon Peyton Bell Anna Idelevich Kevin Epps Judge John Carbo Christina Jenkins Sally Evans Sherri Marie Carr Sherri Kelley Lee Ann Feeley Will Davis Chaundra Lewis Adam Hebbard Mike Dunham Alan Lightcap William Noland Kevin Epps Nathan Lock Ashley Palmer Ben Felder John Manly Stpehen Pruitt Adam Hebbard Megan Manly Jon Setzer Barry Stewart Mann Jason Mitchell Bonnie Smith Michael Nixon Adrienne Nash Robert Smith Megan Pearson Chris Miranda Suzanne Smith Jon Setzer Judge Toby Prodgers Harsha Sridhar Non-Voting Coach Representatives to the Burke Sherwood Rules Subcommittee: Robert Thomas Craig Harding Memorial Court Artist Carl Gebo Byron Watson Contest Ken Mauldin Julie Culhane, Contest Director
Subcommittee on the Problem State Finals Planning Board Judge Michael Barker, Chair Jon Setzer, Vice Chair Hon. Stephen Louis A. Dillard, Special Consultant Christy Barker Christy Barker Peyton Bell Norman Barnett Amanda Bersinger Peyton Bell Sherri Marie Carr Amanda Bersinger Judge Melodie Clayton Sherri Marie Carr Julie Culhane Will Davis Will Davis Deshala Dixon Kevin Epps Kevin Epps Lee Ann Feeley Lee Ann Feeley Adam Hebbard Adam Hebbard Beth Jones Catherine Hicks Judge Jennifer Mann E. Righton Johnston Stephen Pruitt Judge Jennifer Mann John Raterree William Noland Bonnie Smith Ashley Palmer Katie Wood Stephen Pruitt Bonnie Smith Suzanne Smith Jon Setzer Elizabeth Thomas Subcommittee on Development Katie Wood
(Fundraising) Peyton Bell, Chair Sally Evans Adam Hebbard Subcommittee on Honors and Awards Betsy Hodges E. Righton Johnson Linda Spievack, Chair Aimee Maxwell Peyton Bell Adam Hebbard Betsy Hodges
v. 1.0: 10/11/17 8 RATIONALE OF THE GOALS OF THE GEORGIA MOCK TRIAL GEORGIA MOCK TRIAL COMPETITION COMPETITION
The mock trial activity has proven to be an Benefits of the mock trial program extend beyond effective and popular part of a comprehensive, law- the rewards of competing against one’s peers or focused program designed to provide young people winning a round of competition. The impact of the with an operational understanding of the law, legal program is measured by successfully attaining the issues and the judicial process. Part of the appeal of a following objectives: to further understanding of court mock trial is the fun involved in preparing for, and procedures and the legal system; to improve participating in, a trial. Mock trials are exciting, but proficiency in basic skills: listening, speaking, reading, more importantly, they provide invaluable learning and reasoning; to promote better communication and experiences. cooperation between the educational and legal communities; to provide a competitive event in an Participation in, and analysis of, mock trials academic atmosphere; and to promote cooperation provides young people with an insider's perspective among young people of various abilities and interests. from which to learn about courtroom procedures. Education of young people is the primary goal of Mock trials help students gain a basic the mock trial program. Healthy competition helps to understanding of the legal mechanism through which achieve this goal. However, teacher coaches are society chooses to resolve many of its disputes. reminded of their responsibility to keep the Moreover, while obtaining this knowledge, young competitive spirit at a reasonable level. The reality of people develop useful questioning, critical thinking, the adversary system is that one party wins and the and oral advocacy skills, as well as significant insight other loses, and coaches should be sure to prepare into the area of law in question. their team members to be ready to accept either outcome in a mature manner. Coaches can help The mock trial activity also provides an prepare students for either outcome by placing the opportunity to incorporate field experiences and highest value on excellent preparation and community resource persons into the educational presentation, rather than winning or losing the case. process. Visits to local courts will make the activity a Participants need to be prepared for the agony of more meaningful learning experience. Inviting judges, defeat was well as how to win with class. attorneys, and other members of the legal community to take part in the mock trial will help bridge the gap Hurt feelings, anger and frustration are not the between the simulated activity and reality, and also objectives of the mock trials. We hope students view will provide an opportunity for the resource people to the event as a fun and exciting learning experience. share their knowledge and experience with young An admonition to all team members and coaches: people. Finally, the mock trial will give participants Lighten-up and have a good time, regardless of the practical knowledge about courts and trials which can competition's outcome! be invaluable should they ever be jurors or witnesses in a real trial or principals in a legal action.
(Taken in part from Update on Law-Related Education, Winter, 1978. Update is an American Bar Association publication.)
v. 1.0: 10/11/17 9 The 2018 Mock Trial Case authored by the SUBCOMMITTEE ON THE PROBLEM | YLD HIGH SCHOOL MOCK TRIAL COMMITTEE STATE BAR OF GEORGIA
IN THE STATE COURT OF MILTON COUNTY STATE OF GEORGIA
STATE OF GEORGIA, ) ) v. ) ) CRIMINAL ACTION NO: 2018-MT ADDISON DEWITT, ) ) Defendant. ) )
NOTE: All characters, names, events, places and circumstances in this mock trial case are fictitious or are used fictitiously. Any resemblance to any person (living or dead), place, thing or event is purely coincidental.
The Subcommittee on the Problem gratefully acknowledges the team of writers and editors who produced this original case: Judge Michael H. Barker, Magistrate Court of Chatham Adam Hebbard, Esq., Athens County, Savannah C. Elizabeth “Beth” Jones, Esq., Marietta John Ratterree, II, Esq., Atlanta Judge Jennifer B. Mann, Magistrate Court of Gwinnett Christy Barker, Esq., Chatham County District Attorney’s County, Lawrenceville Office, Savannah Jon Setzer, Esq., Gwinnett County District Attorney’s Sherri Marie Carr, Esq., Toccoa Office, Lawrenceville Julie Culhane, Esq., Allstate Dealer Services, Bonnie Smith, Esq., Douglas County District Attorney’s Jacksonville, FL Office, Douglasville Will Davis, Esq., Kitchens New Cleghorn, Atlanta Katie Wood, Esq., Atlanta Kevin Epps, Esq., Epps, Holloway, DeLoach, & Michael Nixon, Woodstock Hoipkemier, Watkinsville
v. 1.0: 10/11/17 10 INTRODUCTION This introduction is of no legal consequence in terms of the trial and is not admissible for impeachment purposes or for any other purpose.
For the competition’s 30th season, the Problem Subcommittee wanted to have a good, old-fashioned murder case. During the planning stages, the Subcommittee decided to model the case after the real-life events of the T.K. Harty case from Athens in 1977. A number of facts from the T.K. Harty murder have found their way in this season’s problem while bringing them up to modern times. The original case was quick to be solved but the drama of the murder’s escape from prison led to an episode on America’s Most Wanted, helping in the arrest of the escaped murderer. We hope our version of the case is just as exciting.
The last time we were on the Miltonville Square, young Scooter Schwinn had his/her accident with Kirby Farnsworth, who we all now know as Lil’ Nemesis T. A lot has changed since 2003. Tybee Cumberland’s house is now a bed and breakfast. The city redid the street layout around the Square. And Nick and Natalie Barker have retired. Things really changed after the economic downturn in 2008, and the Miltonville Square has gone through a revitalization over the past several years. A number of new restaurants are popping up and families are coming back to the Square. One of the longtime stalwarts is Onomotopizza, owned by Addison Dewitt. Addison styles Onomotopizza as a true Sicilian experience and has been on the square for a long time. Across the Square is Sam’s Old Town Tavern, owned by Sam Malloy. Sam focuses on pairing entrees with cocktails, trying to bring a different dining experience to Miltonville, albeit with not much success. Next to Onomotopizza is Carley’s Coffee Shop, run by longtime Miltonville residents George and Sandy Carley. On the other side of the Coffee Shop is the Hole in the Wall, owned by R.L. Parker. Parker’s place tends to be the rowdy joint on the square, attracting lots of college students from Miltonville University and trying to be a local beer joint. Since Parker moved onto the Square, he and Dewitt have not gotten along. The police have been called numerous times by each against the other, zoning violation complaints have been filed with the city, and a general vibe of animosity hangs around the Square. Someone even set fire to Onomotopizza’s deck space behind the building; thankfully no one was hurt and the fire did not reach the building. The war between the two ultimately resulted in Parker buying Dewitt’s building and becoming the new landlord, where Dewitt was quickly kicked out of the space. A week later, Parker was dead, shot twice in the head in his office at the Hole in the Wall. Detective Jayden Gordon with the Miltonville Police Department investigated the crime, interviewing many people, including Phoneix Buffay, a local musician who worked at all three restaurants at one point or another, and Robin Concord, a music columnist with the Miltonville Times. Word about a mysterious hit man is passed along to Detective Gordon, who tracks him down and arrests him for the murder. However, the town is shocked when Addison Dewitt is arrested for hiring the hitman and is put on trial. Typically in a murder-for-hire case like this, the hitman is tried first. However, Dewitt’s lawyers filed a motion for a speedy trial and the District Attorney’s office decided to try Dewitt first. Now that our bar wars have finally ended, balance needs to be restored to the Square. The town is hoping this trial will help bring that around.
STIPULATIONS 1. All exhibits included in the problem are authentic in all respects, and no objections to the authenticity of the exhibits shall be entertained. 2. Stipulations cannot be contradicted or challenged. 3. The signatures on the witness statements and all other documents are authentic. 4. There are NO costume options permitted as an exception to Rule 20 this season.
v. 1.0: 10/11/17 11 5. The Charge of the Court is accurate in all respects; no objections to the charge shall be entertained. 6. No demurrer to the indictment shall be allowed. 7. Chain of custody for evidence is not in dispute. 8. The Introduction provided is of no legal consequence in terms of the trial and is not admissible for impeachment purposes or for any other purpose. 9. Exhibits 10 and 11 were made at or near the time by — or from information transmitted by — someone with knowledge, were kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, making the record was a regular practice of that activity, and neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness. 10. The handwriting on Exhibit 9 is unidentifiable. 11. Exhibit 12 is a certified copy from the Clerk’s Office of the Milton County Superior Court. 12. Exhibits 13 and 14 are certified copies from the Clerk’s Office of the Milton County State Court. 13. No usable DNA or fingerprint evidence was recovered from the scene.
WITNESSES The following witnesses are available to be called by the parties. Prosecution witnesses may not testify or be called on behalf of the Defendant. Defense witnesses may not testify or be called on behalf of the Prosecution. All witnesses may be female or male. See Rules 3, 5 and 12(f) for more details on witnesses.
For the Prosecution For the Defense Detective Jayden Gordon Addison Dewitt, Defendant Robin Concord Phoenix Buffay Sam Malloy Pookey Stewart
EXHIBITS Teams in competition may use the following exhibits. Teams should only print and use exhibits in a black and white format; some exhibits are presented in the case materials in color to give teams a better view of the exhibit. They are pre-marked and are to be referred to by the assigned number, as follows:
Exhibit Numbers and Title/Descriptions 1...... Police Reports 8...... Gulp screenshot for Sam’s Old Town Tavern 2...... Map of the Miltonville Square 9...... Business card 3...... Map of the office in the Hole in the Wall 10. .... Cell phone records 4...... Photo of Gun 11. .... Bank account statements 5...... Onomotopizza flier 12. .... Indictment and Sentence for Randy Jaqual 6...... Gulp screenshot for the Hole in the Wall 13. .... Accusation and Sentence for Randy Jaqual 7...... Gulp screenshot for Onomotopizza 14. .... Accusation and Sentence for Sam Malloy
*Exhibits 2 and 3 will be provided to teams in a large format at each competition level. Copies of each Exhibit will be posted on the Team Information page of the website for teams to use at practice. Teams are not to bring their own large formatted copies of either Exhibit to competition.
v. 1.0: 10/11/17 12 IN THE SUPERIOR COURT OF MILTON COUNTY BILL OF INDICTMENT
COUNT ONE: MALICE MURDER (O.C.G.A. § 16-5-1 (a))
THE GRAND JURORS selected, chosen and sworn for the County of Milton, to wit:
1. George Carley 12. Nathan Lock 2. Kim Colmey 13. John Manly 3. Julie Culhane 14. Jason Mitchell 4. Will Davis 15. Adrienne Nash 5. Lauren Ducharme 16. William Noland 6. Kevin Epps 17. Toby Prodgers 7. Nicole Golden 18. Burke Sherwood 8. Anna Idelevich 19. Robert Thomas 9. Christina Jenkins 20. Byron Watson 10. Chaundra Lewis 21. Sandy Wisenbaker 11. Alan Lightcap
In the name of and on behalf of the citizens of the State of Georgia, charge and accuse ADDISON DEWITT, as a party concerned in the commission of a crime, with the offense of MALICE MURDER, for that the said ADDISON DEWITT, in the County of Milton and State of Georgia, on or about the 26th day of May, 2017, did intentionally encourage and procure Randy Jaqual to commit the crime of malice murder by shooting R. L. Parker unlawfully, with malice aforethought, causing the death of R.L. Parker, a human being, contrary to the laws of the State of Georgia, the good order, peace and dignity thereof.
COUNT TWO: FELONY MURDER (O.C.G.A. § 16-5-1 (c))
And the jurors aforesaid, in the name of and on behalf of the citizens of the State of Georgia, further charge and accuse ADDISON DEWITT, as a party concerned in the commission of a crime, with the offense of FELONY MURDER, for that the said ADDISON DEWITT, in the County of Milton and State of Georgia, on or about the 26th day of May, 2017, did intentionally encourage and procure Randy Jaqual to commit the crime of felony murder by shooting R.L. Parker while in the commission of the offense of aggravated assault, a felony, causing the death of R.L. Parker, a human being, contrary to the laws of the State of Georgia, the good order, peace and dignity thereof.
COUNT THREE: AGGRAVATED CRUELTY TO ANIMALS (O.C.G.A. § 16-12-4 (d))
And the jurors aforesaid, in the name of and on behalf of the citizens of the State of Georgia, further charge and accuse ADDISON DEWITT, as a party concerned in the commission of a crime, with the offense of AGGRAVATED CRUELTY TO ANIMALS, for that the said ADDISON DEWITT, in the County of Milton and State of Georgia, on or about the 26th day of May, 2017, did intentionally encourage and procure Randy Jaqual to commit the crime of aggravated cruelty to animals by maliciously causing the death of Rags, a canine of infinite jest and most excellent fancy, contrary to the laws of the State of Georgia, the good order, peace and dignity thereof.
v. 1.0: 10/11/17 13
TRUE Bill Filed in office this 3rd day of October, 2017
______Foreperson (Deputy) Clerk, Superior Court of Milton County, Georgia
Defendant, on October 11, 2017, being in open court, pleads NOT GUILTY
______Defendant
______Nicole Leet, Attorney for Defendant
______Brian Rogers, DA, Milton Judicial Circuit
v. 1.0: 10/11/17 14 IN THE SUPERIOR COURT OF MILTON COUNTY
STATE OF GEORGIA
STATE OF GEORGIA ) ) v. ) CRIMINAL ACTION NO: 2018-MT ) ADDISON DEWITT, ) ) Defendant. )
ORDER ON MOTIONS IN LIMINE
Both parties have filed motions in limine in the above-referenced case.
"[T]he purpose of a motion in limine is . . . to seek a ruling on the admissibility of evidence prior to its introduction" Brown v. State, 192 Ga. App. 864 (1989).
Having read and considered the applicable law and argument of both parties, this
Court hereby GRANTS both motions.
STATE'S MOTION IN LIMINE
The State's motion in limine seeks to establish the admissibility of alleged co-conspirator statements made by Randy Jaqual to Sam Malloy.
Co-conspirator statements are not hearsay as long as they were made "during and in furtherance of the conspiracy." ROE 801 (d)(2)(e).
"In order for a conspiracy to exist, there must be an agreement between two or more persons to commit a crime. Such agreement need not be express nor does it require a 'meeting of the minds' to the same degree necessary to form a contract.; all that is required is a tacit mutual understanding between persons to pursue a common criminal objective." Franklin v. State, 298 Ga. 636 (2016).
For purposes of the hearsay exception, a conspiracy is deemed to endure so long as the parties thereto attempt to conceal either the crime itself or the identity of the perpetrators. Id. This is known as the "concealment phase."
The State has made a sufficient pre-trial showing of a conspiracy so that the co-conspirator statements may be admitted. It is ultimately up to the jury
v. 1.0: 10/11/17 15 to determine if the evidence demonstrates that a conspiracy existed, and, if it did, what evidentiary weight (if any) to be placed on the co-conspirator statements.
DEFENDANT'S MOTION IN LIMINE
Defendant's motion in limine requests that, if the co-conspirator statements are introduced and admitted, Defendant be given an opportunity to impeach the non-testifying co-conspirator with evidence of prior convictions.
ROE 806 states that '[w]hen a hearsay statement has been admitted, the credibility of the declarant may be attacked and supported by any evidence, which would be admissible for those purposes if declarant had testified as a witness."
See also ROE 609. Even though the statements are not hearsay, ROE 806 allows
Defendant to impeach the declarant in this situation. United States v. Bovain,
708 F.2d 606 (11th Cir. 1983); see also United States v. Robinson, 783 F.2d 64
(7th Cir. 1986). If the State introduces the co-conspirator statements,
Defendant may impeach pursuant to ROE 806 and 609.
SO ORDERED this 12 th day of December , 2017.
Stephen Louis A. Dillard, Judge Superior Court of Milton County cc: All Parties
v. 1.0: 10/11/17 16 IN THE SUPERIOR COURT OF MILTON COUNTY
STATE OF GEORGIA
STATE OF GEORGIA ) ) v. ) CRIMINAL ACTION NO: 2018-MT ) ADDISON DEWITT, ) ) Defendant. )
ORDER ON DEFENDANT’S MOTIONS TO SUPPRESS
Defendant has filed motions to suppress, seeking to exclude two situations where the alleged co-conspirator was identified – one involved a police lineup, and the other a pre-trial “show up” identification. After hearing evidence on the issue, this Court hereby DENIES the motions.
LINEUP
For any pretrial identification, generally the Court must first determine
"whether the identification procedure was impermissibly suggestive. If the answer to that inquiry is negative, we need not consider the second question - whether there was a substantial likelihood of irreparable misidentification." Azizi v. State, 270 Ga. 709, 713 (5) (512 S.E.2d 622) (1999).
Conversely, the Court may immediately proceed to the second question and, if the answer thereto is negative, the Court may entirely pretermit the first question.
Having heard evidence concerning the composition and presentation of the lineup, this Court finds that it was not impermissibly suggestive.
SHOW UP
"Although a one-on-one showup is inherently suggestive, identification testimony produced from the showup is not necessarily inadmissible." Scruggs v. State, 309 Ga. App. 569, 575 (4) (711 S.E.2d 86) (2011). "Although as a general rule a police station showup, as opposed to a conventional lineup, is not
v. 1.0: 10/11/17 17 favored, in each case it is necessary to look at the totality of the circumstances." Matchett v. State, 190 Ga. App. 227 (2)(1989). A police station show-up may be "permissible in aiding a speedy police investigation and because there were possible doubts as to the identification which needed to be resolved promptly and in order to enhance the accuracy and reliability of identification in order to permit the expeditious relief of innocent subjects." Rogers v. State,
202 Ga. App. 595 (1) (1992).
Here, even assuming without deciding that the circumstances surrounding the identification rendered the showup impermissibly suggestive, the evidence is inadmissible only if under the totality of the circumstances, there was a substantial likelihood of irreparable misidentification. Frazier v. State, 305
Ga. App. 274, 278 (3) (2010).
In that regard, Defendant properly concedes that the witness had opportunity to view the alleged co-conspirator’s face and focused his/her attention thereon prior to the showup. See Tiggs v. State, 287 Ga. App. 291,
292 (a) (651 S.E.2d 209) (2007).
"As identity is a question for the trier of fact, the credibility of the witness making such identification is not to be decided by this Court where a witness identifies a defendant. Instead, the witness's credibility as well as the weight given his testimony on the perpetrator's identity were issues for the jury." Scruggs v. State, supra.
SO ORDERED this 1 2 th day of December , 2017.
Stephen Louis A. Dillard, Judge Superior Court of Milton County cc: All Parties
v. 1.0: 10/11/17 18 STATEMENT OF JAYDEN GORDON
1 1. My name is Jayden Gordon and I am a Detective in the Miltonville Police Department. I am 32 2 years old and born in raised in Athens, Georgia. I graduated from Athens High School in 2000 and 3 graduated from Georgia Tech in 2004 with a Bachelor of Science degree in Computer Science and a 4 minor in Social Justice. Upon graduation, I worked for the City of Atlanta Police Department as a 5 uniform patrol officer for 10 years. While with APD I completed the Herbert T. Jenkins Police 6 Academy; this is a 20 week training program sponsored by the City of Atlanta Police Department. 7 8 2. While a uniform patrol officer, it was my responsibility to protect the life and property of the 9 citizens of the City of Atlanta through the enforcement of the laws and ordinances. For example, I 10 responded to calls dispatched to me by 911 involving automobile accidents, robberies, shots fired 11 and other felony and misdemeanor offenses. At the scene of the offense, I would secure the area, 12 administer first aid, conduct preliminary investigations, gather evidence, obtain witness statements, 13 make arrests, prepare reports and testify in court proceedings. I learned a lot from my tenure in 14 “Hot”-Lanta. 15 16 3. In 2014, I learned about an opening in the Miltonville Police Department and I applied. 17 Miltonville sent me to the Georgia Police Academy in Forsyth, Georgia. The GPA provided me with 18 advanced and specialized training in various instructional areas including: criminal investigations; 19 drug enforcement and drug recognitions; firearms, forensics, legal, organizational development, 20 traffic safety, physical fitness, and counter-terrorism. In addition to this training, P.O.S.T. [the Police 21 Officer Standard and Training Council] requires every officer in Georgia to undergo 25 hours of 22 additional training every year. I am current on all my training. 23 24 4. Living in Miltonville, I was well aware of the rivalry amongst the downtown bars. Both Hole in the 25 Wall and Onomotopizza were on the same block and competed for the same clientele. The 26 downtown community was packed with a mix of University students, professionals, laborers and 27 aspiring rock stars. It was a very eclectic crowd. The owners of these bars, Parker, at Hole in the Wall, 28 and Dewitt, at Onomotopizza, did not seem to get along. The police department was flooded with 29 complaint calls regarding improprieties at both locations. Parker complained that Dewitt’s sign 30 violated the local ordinance; Dewitt complained that Parker’s outside deck violated zoning code. 31 They both complained that the other was responsible for poor reviews on GULP. Rumor has it that 32 Dewitt was having financial problems and may lose the bar. In a last ditch effort to save his/her bar, 33 s/he started a trivia hour - every weekday night from 6-7pm s/he would “turn back time” to 34 1970-80s by selling nickel beers and playing the B-52s, hoping to draw some customers from the 35 Hole in the Wall. S/He hoped to get the customers in the door and drinking and hoped they would 36 stay and spend more money. Dewitt even had fliers passed out, advertising this in front of Hole in 37 the Wall. 38 39 5. On April 16, someone tried to set fire to Onomotopizza but only managed to damage the deck.
v. 1.0: 10/11/17 19 40 Even though the fire is still under investigation, the preliminary report showed that it was started by 41 the arsonist setting fire to a stack of Onomotopizza fliers under a wooden bench from the deck. The 42 fire was put out before it could reach the main building. Dewitt wanted us to charge Parker with the 43 fire but there was no evidence Parker was involved. The bar had to close for several days, which 44 didn’t help Dewitt’s business. Apparently, Dewitt’s efforts to work with his/her current landlord 45 weren’t enough and they put the building up for sale. The rivalry came to a head when Parker 46 bought Dewitt’s building on May 1, 2017. Ultimately, Parker cancelled Dewitt’s lease after s/he 47 couldn’t turn the business around and closed Onomotopizza on May 19, 2017. The bar is now vacant. 48 49 6. On May 26, 2017 I was dispatched at 10:23 pm to the Hole in the Wall at 435 Hoyt Street in the 50 City of Milton in reference to a person shot call. When I arrived, the responding officer, Florence 51 Mooney, led me to the body in the bar’s office, which was later identified as RL Parker. Officer 52 Mooney told me that she spoke with Mr. Parker’s girlfriend, Rita “Right Eye” Ramirez, of the Georgia 53 group RAD, because Mr. Parker failed to meet her for dinner earlier in the evening. Ms. Ramirez 54 went to the bar to check on Mr. Parker and discovered his body. She did not touch the body but 55 immediately called 911. I observed Mr. Parker’s body slumped over his desk; he had been shot 56 execution-style through the back of the head. The body of a dog, Rags, was also found at the foot of 57 the desk. We initially kept this detail from the press. The Medical Examiner, Sherry Lipscomb, 58 pronounced Dewitt dead on the scene and transported the body to the morgue. 59 60 7. The Hole in the Wall is located on a block occupied by two other businesses: Carley’s Coffee Shop 61 and Onomotopizza. Carley’s Coffee Shop is situated between the two. Prior to my arrival, Officer 62 Mooney had secured the outside of 435 Hoyt Street with yellow crime scene tape. Mr. Parker was 63 actually shot inside his office, located inside the bar. The door to the office as well as the door into 64 the alley was secured with yellow crime scene tape. As you can see from the diagram, these, along 65 with a window on Cairo Avenue and a window on the alley, were the only possible points of entry 66 into the office. 67 68 8. After the Medical Examiner removed the body, I authorized the Crime Scene Unit to enter the 69 premises and process it. CSU investigators are forensic science technicians who collect and gather 70 evidence at the crime scene. Together, we walked the scene and I directed them to process the 71 office for potential evidence such as fingerprints, hairs, and fibers for later analysis at the State 72 Crime Lab. I discovered that the point of entry was the office window on the alley; the perpetrator 73 had broken the window but oddly there was no broken glass either inside or outside the office 74 window. Just to be sure, I ordered CSU to vacuum the areas on either side of the broken window for 75 possible trace evidence. The office did not appear to be in disarray and there were no defensive 76 wounds on Mr. Parker leading me to conclude that there was not a struggle. Robbery did not appear 77 to be a motive since the office did not appear to be ransacked. Mr. Parker’s widow, Vivian, 78 confirmed later that nothing appeared to have been taken. I secured Mr. Parker’s uPad which was 79 lying under his body; the screen contained GULP! reviews for Onomotopizza. Hole in the Wall did not 80 have any security cameras either inside or outside the location. 81
v. 1.0: 10/11/17 20 82 9. Both Mrs. Parker and Ms. Ramirez said that the feud between Parker and Addison Dewitt had 83 gotten bad, especially since Parker had bought the building and evicted Dewitt. Additionally, the 84 Miltonville Police Department had fielded several complaints from both Dewitt and Parker against 85 the other over the past several years. Based on this feud, I thought it would be best to talk to 86 Addison Dewitt, if anything to clear him/her as a suspect. Early the next morning, Addison Dewitt 87 voluntarily met me at the station for questioning. When I asked if s/he knew why s/he was there, 88 Dewitt said that it was probably about the shooting of RL Parker. I asked Dewitt how s/he learned of 89 this, as this information had not been released to the public. Dewitt said, “Good news travels fast,” 90 then suddenly became nervous. The rest of the interview went downhill from there, as Dewitt wasn’t 91 giving anything up. I did not have enough evidence to arrest him/her, so s/he was released. At this 92 point, I wrote the initial incident report. 93 94 10. Over the next few days, I proceeded to interview the current employees of Hole in the Wall and 95 other witnesses. Robin Concord, a local paper columnist eating lunch at Onomotopizza, told me that 96 s/he observed some disturbing behavior in the time prior to the shooting. At the beginning of the 97 month, s/he observed Parker coming into Onomotopizza waving a piece of paper and saying to 98 Dewitt, “Now I’ve got you. Either you stop all these dirty tricks or I am going to double your rent.” 99 Dewitt responded, “What’s the matter, can’t take a little competition?” Then Parker said, “You either 100 toe the line or I’ll evict you!” Dewitt said, “I knew you were a dirtbag but I never thought you’d resort 101 to extortion. What goes around comes around. Karma’s a nasty mistress.” Concord also said that a 102 couple of days later, s/he was eating lunch at Carley’s Coffee Shop when a man came in and met 103 with Dewitt. Concord was sitting at a booth working on his/her laptop. Concord noticed that they 104 seemed to know each other as they greeted. S/He said s/he did not think much about it at first and 105 could not really hear all of their conversation. The diner was busy, not packed, but Concord was 106 curious and started to eavesdrop as best s/he could. S/He heard Dewitt say something to the effect 107 of, “Yeah, I told you I’d take care of you and your family if it comes to that. What goes around comes 108 around. You helped me, and now I’ll help you.” 109 110 11. I also talked to Phoenix Buffay, who was working at Sam Malloy’s Sam’s Old Town Tavern at the 111 time. Phoenix said that the fight between Dewitt and Parker had been taken to the internet, 112 specifically targeting each other’s Gulp pages. Based on this, I visited the two restaurants’ Gulp pages 113 that afternoon and printed them off for preservation. 114 115 12. The press was having a field day with this case. We had a lot of people calling in with information 116 and theories of the case. It took a long time to sort through the calls and separate the wheat from 117 the chaff. We finally had a case breaking lead from Sam Malloy directly. Malloy relayed a 118 conversation s/he had with a Randy Jaqual over drinks at his/her bar. Malloy was able to provide 119 details that were not released to the media: the person broke in through a window and shot Parker 120 with a .38 caliber revolver, and even swept broken glass because ‘he sure hated to mess up that 121 Persian rug.’” The most credible detail was the canicide. Malloy was able to describe how Parker’s 122 dog was killed while laying at Parker’s feet. As the icing on the cake, Jaqual specifically named Dewitt 123 as the person who hired him to kill Parker. Later, Malloy identified Jaqual in a lineup, a convicted
v. 1.0: 10/11/17 21 124 felon-turned-handyman. Malloy said that he met Jaqual when Jaqual was installing ovens in his bar. I 125 checked to see if Jaqual had a record and he had been arrested for possession of a firearm during a 126 domestic dispute nine years ago and making false statements during a shooting investigation about 127 four years ago. 128 129 13. Armed with the information from Malloy, I secured a search warrant for Jaqual’s apartment. 130 Inside the apartment I located a .38 caliber revolver and a box of ammunition; Exhibit 4 is a photo of 131 the gun that was found. Ballistic tests confirmed that this .38 was the gun used to kill Parker and the 132 ammunition found inside the apartment was consistent with the projectile the Medical Examiner 133 recovered from the body of Parker and the projectile the veterinarian recovered after the necropsy 134 of Rags. 135 136 14. In addition to the gun and ammunition, I found an Onomotopizza business card with a five-digit 137 number written on the back: 27878. I had the crime lab try to match the handwriting with everyone I 138 talked to but they said they couldn’t do much with five characters, especially with them being 139 numbers. 140 141 15. During the search, I also found a cell phone bill from Horizon Wireless in Jaqual’s name, giving me 142 his cell phone number. I then secured a warrant for Jaqual’s cell phone records to see if there had 143 been any communication between Jaqual and Dewitt. As you can see, Jaqual called Dewitt at 22:15 144 on the night of May 26, for a call that lasted 3 minutes and 15 seconds. 145 146 16. I located Jaqual and brought him in for questioning. On the way into the police station, I had 147 Officer Mooney and Concord sit in an undercover police car with tinted windows. I walked the 148 handcuffed Jaqual past the vehicle to see if Concord could identify Jaqual. I placed Jaqual in an 149 interview room and read him his Miranda rights. He stared at me and never said a word. 150 151 17. I left the room to speak with Officer Mooney. Concord immediately told me that Jaqual was the 152 same man s/he saw speaking to Dewitt after Parker’s death. I went back into the interview room and 153 confronted Jaqual with the physical evidence retrieved from his apartment and Malloy’s testimony; 154 he did not budge. I told him that we had an eyewitness who overheard him talking to Dewitt. No 155 response. I told him that Dewitt was using him and that once he’s inside, Dewitt will act like s/he 156 never even heard of him. I even tried to suggest that Malloy was framing him and didn’t he want to 157 come clean and not take the rap for Malloy. All to no avail, just sitting there steely-eyed and stoic. 158 159 18. I had to go where the evidence led me, so I secured warrants for the arrest of Dewitt and Jaqual 160 for the murder of RL Parker and aggravated cruelty to animals for the death of Rags. I still could not 161 shake the feeling that Malloy knew too many details and perhaps Malloy was involved as well. 162 Malloy was having his/her own financial troubles and with Dewitt in custody and Parker dead, 163 Malloy could control the bar scene. It was my understanding that Malloy is a big baseball fan and lost 164 a lot of money on the Indians in the World Series last year. It’s also been reported that s/he has an 165 alcohol problem and s/he was convicted of DUI in 2008. I subpoenaed his/her financial records but
v. 1.0: 10/11/17 22 166 did not see anything directly tying him/her to Parker’s death. 167 168 19. After I spoke to Dewitt on May 27, 2017, Dewitt disappeared. I wanted to ask him/her follow up 169 questions after I spoke with Malloy in mid-June but I could not locate him/her. This made me 170 suspicious but with no evidence tying him/her to the case, Dewitt was free to do as s/he pleased. 171 Now with an arrest warrant for Dewitt and him/her still at large, I kept the tip line open. Eventually, 172 we received an anonymous tip that Dewitt had gone to Ohio because his/her father had died but 173 was now back at his/her girl/boyfriend’s apartment. Armed with the arrest warrant, I arrested 174 Dewitt without incident. After being read his/her Miranda rights, Dewitt invoked his/her right to an 175 attorney. 176 177 20. I then applied for and received a search warrant for Dewitt’s girl/boyfriend’s apartment but 178 didn’t find anything attributable to the murder. I received a warrant for Dewitt’s financial records for 179 both his/her personal and business accounts. They were both with Miltonville Community Credit 180 Union. There were cash withdrawals on May 23 for $7,000 from the business account and $5,000 181 from his/her personal account. 182 183 21. With both Jaqual and Dewitt in custody, I wrote the supplemental incident report and forwarded 184 my entire file to the District Attorney’s Office. I will be happy to follow up on any additional matter 185 at the District Attorney’s request. 186 187 188 WITNESS ADDENDUM 189 I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 190 The material facts are true and correct. 191 192 Signed, 193 194 Jayden______Gordon 195 Jayden Gordon 196 197 SIGNED AND SWORN to me at 1:00 PM, September 9, 2017. 198 199 ______200 C.M. McCormack, Notary Public
v. 1.0: 10/11/17 23 STATEMENT OF ROBIN CONCORD
1 1. My name is Robin Concord, and I write Food Emoji, a restaurant review/food blog, for the 2 Miltonville Times. I volunteer with the Culinary Arts program at Miltonville Vocational Tech: 3 instructing in restaurant management, without Gordon Ramsay’s vocabulary! Too many would-be 4 owners make the mistake of running a place the way they’d like to see it as a customer—nice idea, 5 but hardly ever fiscally sound; you spend far too much to turn a profit (unless you’re so high-end that 6 you can charge whatever you like). The idea is to make the customers think you’re running the place 7 expansively, while keeping a gimlet eye on the bottom line. I learned that in school, while I was 8 studying hospitality and food management in Ithaca, NY, but I really learned it in the school of hard 9 knocks when my own best effort went belly-up in the 2008 recession. People were not spending 10 then whatever you wanted to charge them. 11 12 2. When I was finishing up at Cornell, I’d had an epiphany—if not me, then who?—and I went to see 13 my Navy recruiter. The Reserves helped to pay down my loans, too. My education came in handy, 14 working Logistics to feed and supply lots of troops in Afghanistan and South Asia. Then, after the 15 down-turn, I volunteered to go Active—I mean, I was still single and my business didn’t need me, so I 16 could do, where it was a lot tougher on some other reservists. After I closed my place, I dusted 17 myself off, paid back my creditors (mostly) in Chapter 11, and decided I didn’t want to begin again by 18 “walking point” in my own place, up North. I figured with my background, I could offer a unique eye 19 to the food scene in a small, upcoming town, so I headed to Georgia—a fine climate, both 20 weather-wise and commercially—looked around, and settled on Miltonville. I was attracted by what 21 was going on in Miltonville, especially around the historic Square. I was originally looking for a place 22 to work as a sous-chef but the Times former columnist just retired. I hadn’t considered writing 23 before but I submitted my resume and some quick one-off samples on a lark. Pretty quickly, I found 24 my talents transferred to the media. 25 26 3. In my time in the military and on my own, I’ve learned a lot. For one, I developed an eye towards 27 what people like and what works. I like writing my column and sharing the Miltonville dining scene 28 with the readers. While I’m not making or breaking places like Anton Ego, I have been able to 29 highlight some cool, neat spots and give some needed warnings about others. I like to be a writer of 30 the people, so I don’t mind being seen and recognized in places. I want to experience the spot as any 31 diner would, not have a fuss made when I walk in. I’ve gotten to know a lot of restaurant owners and 32 been able to highlight the neat things they’re doing, both in the kitchen and in the community. Most 33 of the restaurant folks in Miltonville are good people. Most. 34 35 4. In my time, I also learned to size-up people like Dewitt—blustering bad eggs—and s/he certainly 36 doesn’t intimidate me. There were many times where s/he pushed me to write a fluff piece about 37 Onomotopizza. Dewitt’s business model (and practice) is lousy—there are many ways to fail—and I 38 think I’d always had a sixth sense that Dewitt was trouble. S/He and RL Parker didn’t get along. 39 Dewitt seemed to feel like s/he was in constant competition with Parker over the same customer
v. 1.0: 10/11/17 24 40 base, even though Onomotopizza’s menu and Parker’s Hole in the Wall were different fares—craft 41 pizza vs. up-scale bar food. Honestly, I felt the Hole in the Wall had a better model and was in a 42 better position to succeed. There had been a lot of public sniping between the two owners—a lot of 43 trash talking on-line, including in the comment sections of my column—where it seemed to come to 44 a head involving Dewitt’s 5-cent beer fliers and a fire on Onomotopizza’s deck. The ultimate just 45 dessert was Parker’s, however, when s/he bought the lease to Dewitt’s building and quickly drove 46 Onomotopizza out of business. With Dewitt off that side of the square, the Hole in the Wall was 47 poised to really take off, much to Sam Malloy’s chagrin. 48 49 5. Malloy is the owner of Sam’s Old Town Tavern. I’ve always considered Sam’s to be more direct 50 competition for Parker’s customers than Onomotopizza was. Both Sam’s and the Hole in the Wall are 51 bars, but Sam tried to separate him/herself—physically and on the menu—by setting up shop across 52 the square and getting more into the food/drink pairings. Sam had an interesting concept but it 53 seemed to limit the customer base by narrowing the appeal for specific dishes. It wouldn’t surprise 54 me if Sam was rooting for this war between Dewitt and Parker, just in case some of the spoils would 55 fall—rather, walk—his/her way. 56 57 6. On the first day of May, Parker bought Dewitt’s lease in the Clavin-Peterson Building. I heard 58 from Pookey Stewart, who happened to be in Onomotopizza when Parker dropped the news, that 59 Parker held the lease over Dewitt’s head like the wire of a cheese slicer over a wedge of Gouda. I 60 think Parker did the initial presentation of the lease purchase during the lunch hour so s/he’d have 61 witnesses. Dewitt, his/her blustery self, kept some cool and confined him/herself to windy, vague 62 threats—“Payback sucks, y’know,” and that sort of thing—and to cursing Parker out as some sort of 63 12-reel melodrama villain. 64 65 7. Throughout the month of April, things got really tense. Everyone in the industry throughout town 66 was trading gossip and speculating on what would happen. People would drop by both the Hole in 67 the Wall and Onomotopizza to “catch up” with Dewitt and Parker and see if they could find a nugget 68 of news. The paper wanted me to do a write-up on the drama as a special column, so I started nosing 69 around a bit as well, while keeping up my blog and reviews. 70 71 8. I talked to Sam Malloy, who seemed giddy at the prospect of either—or both—of the restaurants 72 closing. Like his/her food and drink combinations, s/he was too strong for the situation. It didn’t help 73 that Malloy liked to “sample” his/her drinks throughout the day. Pookey Stewart, like me, seemed to 74 have an ability to move throughout the restaurant scene with his/her Hare Pin Brewery rounds; s/he 75 was pretty helpful in keeping me up with the gossip and latest goings-on, especially on the financial 76 side of things. 77 78 9. I had been working on the article for a few weeks—it was just after the deck fire, around May 22 79 or 23—and was getting close to submitting it to my editor for the first review. I was sitting in a booth 80 at Carley’s Coffee Shop—unfortunately for the Carleys, they’re situated right in the middle of the 81 war, between the two bars—eating lunch with Samford Dillard, the music columnist for the Times.
v. 1.0: 10/11/17 25 82 He and I got along pretty well, especially since a lot of his band reviews and music bits happen in 83 live-venue eateries. We tend to collaborate on the blog, though his zealous affinity for Radiohead is 84 lost on me. But back to lunch. I was sitting on the side facing the street, working on the article, 85 chatting with Sandy Carley, the co-owner about life, when Dewitt steps into the coffee shop and 86 stops, looking around. 87 88 10. This was unusual because Dewitt wasn’t the kind to eat lunch in a coffee shop. Carley’s is a 89 quaint throwback to a classic Southern coffee diner, even down to Mr. George wearing a white 90 apron and soda jerk hat at the grill. It’s got an eat-in bar along the right-side wall and booths in the 91 middle and alongside the other wall. This isn’t the place for a roughneck like Dewitt. So, Dewitt 92 stands in the door, looking around, right through me. S/He focuses on someone at the end of the 93 bar—I couldn’t really see who it was since his back was to me, almost at the end of my seat. Dewitt 94 stomps down the bar—not even a “Hey”, “how are ya’?” or “how ya’ doin’?” to Miss Sandy along the 95 way. S/He stops right next to his/her target—just beyond my table—saying, “You ready?” Now, that 96 can have many connotations, but few of them combine the impatience and venom of his/her 97 remark—I paid attention. I didn’t dare look to my left at them, but they were close enough where I 98 could pretty easily catch the conversation. The figure at the bar wouldn’t have attracted much 99 notice—none favorable—otherwise, but he now had my full attention. Even with the after-effects of 100 my military service, my hearing was acute enough for me to discern their conversation over the 101 cacophony of dishes, conversation and “ready orders” from the restaurant. It’s strange how 102 complacent they were about privacy, but I suppose that with their backs to the rest of the 103 restaurant, they figured no one would pay much attention. 104 105 11. The stranger didn’t say anything for a few moments, which made Dewitt sit down on the stool 106 next to the guy and ask again, “Hey, you ready?”, albeit in a slightly rougher tone. The stranger 107 nodded. Dewitt unrolled a napkin from around some silverware and put it in his/her lap for a 108 moment, before putting it back on the counter and sliding it towards the stranger with something 109 inside. The stranger lifted the napkin, showing a stack of cash, the green contrasting against the 110 white of the napkin. Unless it was all singles, the pay-off was significant. “I’ll do anything to stop this 111 nonsense.” 112 113 12. “Not to worry,” the stranger growled. “It’s just that, like the Bankruptcy Court, I don’t take 114 debtors’ personal checks for filing fees...” 115 116 13. “Flyer-ing fees,” retorted Dewitt. “That dirtbag Parker’s going to get what’s coming..!” 117 118 14. The stranger interrupted Dewitt, asking, “What about afterwards? What’s my insurance policy 119 that I won’t get in a jam for all of this?” 120 121 15. “I’ll take care of anything if it comes to it. You’re helping me in with a problem, I’ll help you,” 122 replied Dewitt. Then s/he added in a hushed, stern tone, “But this doesn’t go beyond me and you, 123 got it? Stay on this side of the square.”
v. 1.0: 10/11/17 26 124 125 16. “We appreciate your business,” the stranger replied smoothly, wiping his belly with the napkin as 126 though he just finished some peach cobbler. As the napkin went onto the bar, it was limp, empty. 127 128 17. “Yeah. Well, just get it done – and don’t be too nice!” (Where had I heard that phrase before?) 129 130 18. The atmosphere was getting too thick – intuition told me I didn’t want to be seen listening to the 131 conversation. I left money with Samford and retreated across the Square to Sam Malloy’s place, 132 Sam’s Old Town Tavern, to get some space and time to process what I had just heard. To be honest, I 133 could have used one of Sam’s sake bombs. 134 135 19. As I was settling-in across the Square, I saw the stranger following me over. Now I could really get 136 a look at him. He was probably in his mid-40s and looked like he worked out a good bit. He had 137 shorter blond hair and wore round-framed sunglasses. I don’t think he had a moustache but I didn’t 138 want to get caught staring at him. Now, he was coming my way. I tensed, figuring that s/he’d 139 suppose I’d heard too much. I didn’t want to get mixed up in whatever it was Dewitt and his/her new 140 friend were talking about, so, before I could order anything, I left and hustled back to my office. 141 142 20. I worked on my article and was about to run it when Parker was killed. That sent the town over 143 the edge. Everyone was talking and speculating. Sides were drawn pretty quickly about Dewitt’s 144 potential involvement; with most everyone thinking there was no way Addison could do something 145 like that. I didn’t know what to think, but the more I thought about it, the more that Dewitt doing it 146 made sense. I wanted to update my article to include everything after the murder, but I was pushed 147 aside by the news desk and they took over. At that point, my telling of the long-running feud didn’t 148 really matter anymore. Even though the profile looked like it was dead, I was bound to get it out 149 there, to help put everything in context. The news desk reports the breaking story but I wanted to 150 put life into the events, into the characters. 151 152 21. I didn’t hear anything more (except for Parker being found dead and all, of course) until Jayden 153 Gordon contacted me to ask what I knew. I’m glad to offer my part, of course—I want to see Dewitt 154 and the stranger get what’s coming—and doing my part has helped break the tension that has been 155 running the square for so long. My profile of the fight between Parker and Dewitt came out right 156 after the murder and I think it helped everyone put the whole thing in perspective. I’m really curious 157 to see what will fill the empty Onomotopizza space and what comes of the Hole in the Wall. Parker’s 158 widow has kept it going as best she can and it seems to be doing okay. I don’t know how long the life 159 insurance will last but if it does fail, I hope something nice and upscale will move in. We could use 160 some new blood on the Square. 161 162
v. 1.0: 10/11/17 27 163 WITNESS ADDENDUM 164 I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 165 The material facts are true and correct. 166 167 Signed, 168 169 ______170 Robin Concord 171 172 SIGNED AND SWORN to me at 11:15 AM, June 2, 2017. 173 174 ______175 C.M. McCormack, Notary Public
v. 1.0: 10/11/17 28 STATEMENT OF SAM MALLOY
1 1. Yeah, so uh, my name is Sam Malloy. [If Female: Sam is short for Samantha. I have an Aunt on 2 both sides of my family that are also named Samantha, so early on my parents just called me Sam.] 3 Let’s see here, I am 42 years old and owning and operating the Sam’s Old Town Tavern here in 4 Miltonville is a third career for me. I played a lot of baseball/softball in high school and college. 5 Mostly I was the pitcher, but I played the outfield when I was in my freshman and sophomore years 6 of high school. To be honest, once I was in the later years of playing ball in college, my arm wasn’t 7 what it used to be, so I served as a sort of relief pitcher. After that I was never able to realize my 8 childhood dream of being a professional ball player. 9 10 2. I worked at Joe’s Sporting Goods during high school mostly to get discounts on equipment and to 11 meet the other athletes for dates and stuff. I continued to work there in college. In the spring of my 12 Sophomore year of college, my arm went bad. That fall, I changed my major from health / nutrition 13 to marketing. I’m not gonna lie, it was hard work to face a full change of careers! But, my parents 14 helped me to realize, I needed to be sure to get the most out of my base/softball scholarship at 15 Miltonville University. If I didn’t have a degree that would help me with my career, my parents did 16 not have the money to send me back to college. College is expensive and I knew that I needed to 17 make the most of what was available. 18 19 3. Over the years, I met a lot of the higher-ups at Joe’s Sporting Goods. The flagship store for Joe’s 20 is right here in Miltonville. When I was in college, there were something like 25 Joe’s all around the 21 southeast. There are a few of us former jocks working at Joe’s. I really like them all and, of course, 22 they love me! Naturally, I moved up the corporate ladder at Joe’s. I was in purchasing for Joe’s. That 23 job taught me a lot about marketing / sales and that I am a people person. 24 25 4. Yeah, so uh I traveled around to the different stores talking to the store managers and the 26 employees working in the stores to get a good feel for what the customers liked. I was on the road 27 for long stretches of time every year. I found lots of pubs and local hang outs over the years of 28 traveling and like the feeling of belonging that you get in a well-run bar. 29 30 5. Joe’s Sporting Goods was good to me for many years. But, eventually they just couldn’t compete 31 with the large outfits. Your Fishing World, from out west, and Paddy’s Sports Supply Shop, from up 32 north, just hammered on the profits of Joe’s. Those guys put ads and discount offers in the every 33 trade magazine and even in those coupon books you can get from the kids in schools! As you might 34 imagine, Joe’s went into bankruptcy and was bought out by the world-wide sporting goods 35 conglomerate - Elementary Sports. I got caught up in the corporate downsizing and had to change 36 gears again. 37 38 6. After 20 years of buying sporting equipment, I had to find another job. I wanted something new 39 and different. Since I had traveled so much and spent lots of time in bars and restaurants, I decided
v. 1.0: 10/11/17 29 40 that the best fit for me was to open a bar – ‘cause sometimes you want to go where everybody 41 knows your name! I love talking to people and have a real talent for making new and flavorful food 42 and drink combinations. It won’t be long until these are standard fare in bars all over! Maybe you’ve 43 heard of my full-sized Hawaiian-style roasted pig served with Vodka Martini, Spaghetti with Tofu 44 strips served with a Saki Beer Bomb, or my Long Island High Tea dish which is an assortment of “high 45 tea sandwiches” like cucumber or watercress sandwiches with the crusts cut off, served with long 46 island iced tea. Sam’s Old Town Tavern has even been written up by Robin Concord in the Miltonville 47 Times Good Eatin’ Section for my Sayonara Sushi served with Piña Colada! I have that article framed 48 and posted on the wall of Sam’s. I have some beers on tap but don’t focus on those. Pookey Stewart 49 is always trying to get me to put some Hare Pin stuff on draft but that’s not what my customers 50 want. If they want to get sloppy beer-drunk, they’ve got the Hole in the Wall for that. 51 52 7. I think that Sam’s is in the perfect location, too. The city council has spent a lot of time and 53 money classing up the downtown area of Miltonville. They call it a “revitalization”. The main parking 54 areas were moved behind the buildings and in the area that used to house the strip mall built in the 55 1970s. Sam’s is next-door to one of these main off-Square parking lots. There are only a few 56 authentic buildings from the turn of the 20th century that survived over the years. I’m happy that the 57 building with Sam’s is one of them. It was the original gymnasium for the Miltonville High School 58 from 1895-1982. Then, in 1982, the high school was moved to the outskirts of town, the building was 59 converted to office space to be near the courthouse, which is on the Miltonville Town Square. Then, 60 the economy took a nosedive and a lot of the spaces were vacant. 61 62 8. I rent out the corner space that has stairs leading from the bar - Sam’s Old Town Tavern - to the 63 comedy club upstairs - R. Howe’s. We get a lot of bar and restaurant business from folks before and 64 after shows. You could say that a regular crowd shuffles in most nights. 65 66 9. Sure, erm, I knew R. L. Parker, owner of The Hole in the Wall Saloon. We’ve had our share of run- 67 ins over parking issues. Parker set up a “valet” parking station in front of the “Hole”, as I call it, ha! 68 Anyways, this valet takes the cars and then drives them over to my side of the Miltonville Town 69 Square. Now, my customers have nowhere to park. That’s one of the reasons why there are not so 70 many customers in Sam’s as there could be. I guess that you could say that Parker took over the 71 Parking in the whole Square. I have complained to the police and at City Hall several times over the 72 years, but no one will do anything to help me! I spent entire days talking to lawyers trying to get 73 someone to take my case. I don’t know why I can’t get help from anyone, I’m the one who has been 74 wronged here and I did nothing to anyone! I said the same thing to the judge when I was getting my 75 third divorce. I defended myself on the third divorce because I couldn’t find anyone who would 76 represent me! No one! I’m a great guy/gal. Why does no one see that? 77 78 10. Now, the beef I’ve had with Parker is nothing compared to how he and Addison Dewitt got into 79 it. Man! Dewitt owned Onomotopizza, a few doors down from Parker. Dewitt has been on the town 80 square for a long time, probably one of the oldest places around. As soon as Parker opened up Hole, 81 he and Dewitt went to battle. It didn’t take long for the gloves to come off. They went back and forth
v. 1.0: 10/11/17 30 82 at each other, trying to get the city involved (which didn’t work for them either) to messing with 83 each other on the internet. Both of them really worried about their reviews on the web, especially 84 that Gulp website. I guess they were worried that bad reviews would push away customers. I’ve 85 looked at the Tavern’s Gulp page every now and then, but I’ve never really worried about it. Sam’s 86 had a reputation of its own and didn’t need to have others sell the food and drinks. But, man, those 87 two twits didn’t like each other. 88 89 11. Dewitt tried to undercut Parker on beer specials and put up fliers all over town. S/He wanted to 90 put something up in Sam’s but I wouldn’t let him/her. Not long after, someone set Dewitt’s deck on 91 fire with a bunch of the fliers. No damage was done and I thought it was pretty funny. To be honest 92 with you, I was happy to sit back and let them knock each other around, maybe even one of them 93 out. I’ll take the business! 94 95 12. The homerun for Parker was when he bought Dewitt’s building. Owning my own building, I don’t 96 have to worry about keeping landlords happy like Dewitt did. Perhaps the fire made it not worth 97 owning and managing? Parker must have really gotten inside Dewitt’s head after Parker bought the 98 place because about a week and a half after the sale, Dewitt came over to Sam’s to talk alliance 99 against Parker. We sat down and I heard him/her out. S/He was ready to go nuclear on Parker but I 100 talked him/her down. I told him/her that doing anything rash against Parker will make Parker 101 madder and maybe kick you out of the building. I said, “Let me think about what you can do that 102 may help both of us out. If I come up with something, I’ll let you know.” Dewitt seemed happy 103 enough with that and left. To be honest, I didn’t do any thinking about it after that and never talked 104 to Dewitt about it. Again, why not let them eat each other and leave me standing? 105 106 13. Oh, you want to know about my tip to the police now do ya’? Sure, I called up the police a few 107 weeks after Randy Jaqual told me all about how he was hired by Dewitt to kill old Parker. It was a 108 Friday night and not too busy in the bar at that time. This stranger comes in around 9 o’clock. 109 110 14. Uh, okay, well it actually happened like this. When this guy walked into Sam’s, he looked a little 111 shaken up. I asked him what was wrong and he sort of shrugged me off. I offered him a stiff drink, 112 but he shook his head and looked down at his hands, which were folded on the top of the bar. I put a 113 glass of water in front of him. As I walked to check on a few customers at tables, I noticed that his 114 hand was shaking a bit when he lifted the glass of water to his lips. I decided to give him some space, 115 hey some folks need that. So, I left him alone for a bit. I told Phoenix to keep an eye on him and let 116 me know if he needed anything. A bit later, Randy orders the combination of Hot Borscht and 117 dumplings served with a limoncello explosion. This is from my European collection of combinations. I 118 added these to try and attract a more diverse crowd than what is over at the Hole. We talked off and 119 on while Randy ate his food. Actually, he just sort of picked at the soup. But, he downed several 120 limoncello explosions. He even bought me a round or two and asked that I join him. 121 122 15. I guess that with hardly anything but some beet soup in his stomach, those limoncello explosions 123 must have hit him hard. They are strong drinks, ‘cause I like strong drinks when I go out, too! Randy
v. 1.0: 10/11/17 31 124 asked me where he could find a “high stakes game” going on that night. I told him that we don’t 125 have action like that in our town. He kept asking about it since he was “no longer financially 126 challenged”. Randy said that he had made 10-large by outfitting Parker with a pair of cement shoes. 127 Okay, to be honest, he didn’t use that phrase exactly. But, I got the gist. 128 129 16. Randy sat at my bar for about three hours and drank 6 or 7 limoncello explosions. I’m telling you, 130 I barely touched the two or three that he bought for me. I was concerned about what Randy may 131 have done. This is a quiet town and we don’t need any bad PR driving away the families and regulars. 132 Randy told me that Dewitt contacted him over the “red net” and paid him to “take out” Parker. 133 Randy described Dewitt pretty good, down to the New York accent and said that Dewitt pointed out 134 Parker’s place and where the alley was behind the buildings. Randy was afraid all of Dewitt’s hand 135 gesturing was going to cause attention but no one seemed to notice them talking. Randy came to 136 town a few times before he settled on a time and method. 137 138 17. It seems to me that Randy said that he waited until Parker went to his office located at the back 139 of the bar, leaving a few regulars in the bar with one of his servers, Leash, filling in behind the bar. 140 Randy said that Dewitt gave him the alley door’s code. I don’t know how Dewitt got it. Randy wore 141 rubber soled shoes and he approached the door from the alley to the office. He opened the door to 142 the outer office with Dewitt’s code and was surprised it worked. I told Randy that he went to too 143 much trouble in that regard since Parker wouldn’t have heard a thing anyway. Parker worked in bars 144 and loud restaurants for 30+ years which damaged his ears so he couldn’t hear very well. Randy said 145 that the dog either heard him or smelled him and started to bark like crazy. 146 147 18. Randy said that dog's incessant barking and generally disheveled appearance set him off. He 148 froze in his tracks, afraid that the dog was going to blow his cover, but Parker didn't pay any 149 attention to the barking. Randy then "tapped" Parker while he sat at his desk with his inventory 150 system open on his uPad. Since the dog was the only alarm the place seemed to have, Randy then 151 "put two in the dog" which then fell back into a plaid fabric dog bed with the name "Rags" stitched 152 on it. Randy said that he took a look at the uPad and thought that Parker was certainly ordering a lot 153 of milk and cookies for someone who owned a bar! I guess that it was killing the dog that upset him 154 more than killing Parker. Randy was pretty messed up about the dog. 155 156 19. I know one of my former employees, Phoenix Buffay, has been interviewed by the police about 157 all of this. Phoenix was nice and all but a bit scattered. S/He would bounce from bar-to-bar-to- 158 restaurant, working different jobs in all of the places. S/He styles him/herself as an up-and-coming 159 musician and wants to “get a feel for the town’s music scene” but s/he never seemed to go 160 anywhere with it. S/He kept badgering me to let one of his/her bands that s/he was “representing” 161 play at Sam’s and I did every now and then. Morgan’s Maullers wasn’t bad and I’ve had them back a 162 few times. Phoenix quit right after Parker’s murder, saying she was tired of the drama. Honestly, 163 h/she’s the one that seems to have most of the drama. Unfortunately, it didn’t end nicely, so I don’t 164 know what s/he’s saying about me out there. 165
v. 1.0: 10/11/17 32 166 20. I know what people say about me around town. I get it. I haven’t had the typical life on the 167 straight and narrow. Everyone knows about my DUI several years ago. But that changed me. I don’t 168 drink near as much as I did back then and I’ve been going to AA meetings once in a while. I know 169 people think I’m still a lush because they assume I’m drinking all the time at the bar. It’s an act; I’ve 170 got mostly soda water or a soft drink in my glass. Customers like to share a drink with the bartender, 171 to feel more at home. It’s a friendly gesture, which works to keep them around longer and eating 172 and drinking more. 173 174 21. As for this Randy guy, I swear the first time I met the man was when he came into the bar that 175 night after killing Parker. I never saw him before. At least not directly. Someone said he did handy 176 man stuff a little while back and he may have been on a crew installing my new kitchen gear. But I 177 didn’t talk to those guys when they were here. I think I was out of town that week even. So, no, I 178 don’t know Randy, never gave him Dewitt’s name or anything. Why would I get myself involved with 179 this mess? 180 181 22. Sure, I waited for a few weeks before I said anything to the police. That’s ‘cause nobody asked 182 me! Once the police questioned me, I came forward with this information and did so freely. I’m not 183 to blame for what happened to Parker or that the police took so long to ask me any questions. 184 185 186 WITNESS ADDENDUM 187 I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 188 The material facts are true and correct. 189 190 Signed, 191 192 Sam______Malloy 193 Sam Malloy 194 195 SIGNED AND SWORN to me at 3:30 PM, June 12, 2017. 196 197 ______198 C.M. McCormack, Notary Public
v. 1.0: 10/11/17 33 STATEMENT OF ADDISON DEWITT
1 1. So, my name is Addison Dewitt. I owned Onomotopizza in Miltonville, even though that 2 pidocchio R.L. Parker shut me down. I’m originally from New York City. I grew up in Little Italy, in a 3 4th floor walk-up at Grand and Mulberry. My mamma and papà were from Sicily directly, comin’ over 4 in 1938, to get out of Il Duce’s way and start a new life. They got off the boat at Ellis Island and 5 wound up in lower Manhattan. They worked for a friend of my papà’s cousin in his restaurant on 6 Mulberry where La Mela is now. They eventually bought the place in 1977, when I was 12, and I 7 started workin’ there, bussin’ tables and washin’ the dishes. We served a bit of everything but really 8 focused on pizza. The neighborhood was full of Italian restaurants and all the people comin’ over 9 from Italy, but we were able to do a pretty good job of keepin’ true to the ways of home. We owned 10 it for 12 years until they was too old to be involved, and we sold it in 1985. By that time, I was 11 studyin’ business at NYC, where I met Stephan/Stephanie from Georgia. S/He was up here for a 12 student-exchange thing and stayin’ with an aunt a few blocks from the restaurant. We hit it off and 13 got married. With my mamma and papà out of the restaurant business and livin’ with my sister, we 14 moved to Miltonville in 1988 to help with his/her parents, who weren’t gettin’ along too good in 15 their age. After about 10 years or so, things weren’t goin’ along with me and him/her too well and 16 we split up. Thankfully, we didn’t have any kids in the mix, so we were able to go our separate ways. 17 I kept the place goin’ and have been here ever since. I’m not “from these parts” but I feel like I’m a 18 true Miltonite. I been here long enough and really like the place. 19 20 2. Once we moved down here, we opened Onomotopizza on the Square in Miltonville. Back then, it 21 wasn’t much. There was another pizza place on the Square called Nick and Nat’s, but it was more 22 carry out, American style. You would think that brother and sister duo Nicholas and Natalie Barker 23 would have better taste in pizza, considering how well-traveled they are. It might have somethin’ to 24 do with the “Naples” incident. We had the authentic Sicilian pizza, so we were able to stand out. We 25 did well and grew the restaurant to be a go-to place for dates and whatnot in town. A few sandwich 26 shops have come and gone; there was a great Jewish deli around the corner for a long time that 27 closed up a few years ago. That was a taste of home. Lately, a couple of tapas bars have opened up. 28 That, I don’t get. Who wants to spend eighteen bucks on a tiny plate of food when you’re still hungry 29 afterwards? It’s a new thing that is lost on me. Come spend $18 at Onomotopizza and you’ll go home 30 happy and full. 31 32 3. We are next door to Carley’s Coffee Shop. They’re an older couple runnin’ a basic 1950s coffee 33 diner place. They got a good breakfast plate that I get every now and then. They’re nice, quiet 34 neighbors. Sandy is a sweet lady and George is fun to watch behind the grill. They’ll pop over for a 35 slice about once a week after they shut down for the night. They don’t stay open past 4:00, mainly 36 focusing on breakfast and lunch. They’re open at 6:30 in the morning, so they got a long day already. 37 Sometimes, I wouldn’t mind something like that. Every once in a while, I’ll run into George in the 38 alley takin’ out the trash and he’ll complain about the trash there from Parker’s when they open up 39 in the mornings.
v. 1.0: 10/11/17 34 40 41 4. Now next to them is that dump R.L. Parker called “Hole in the Wall”. That’s about right, if you 42 know what I’m sayin’. It was a hole in every way you could think. Parker opened up the place in 2007 43 on the other side of the coffee shop and started stirring things up right away. For a restaurant to 44 succeed, you gotta have an identity people can follow. We have the southern Italian dishes and 45 pizza. The Carleys have the coffee shop diner. Sam Malloy has the Boston bar kind of thing. Sam’s 46 trying to be different by doing this drink and dinner matching thing. He’s tryin’ too hard to stand out 47 and it ain’t workin’. The place is half empty every night and I heard from some that he’s drinkin’ 48 away what little he makes off the other half. I’m sure he’s pretty happy all this has happened, makin’ 49 him the last one standing. Figures. 50 51 5. R.L. Parker. I hated that guy. I know I’m probably not supposed to say that kind of thing but I did. 52 He was a rotten, no good sack. He was shady. He would lie to his grandmother to get what he 53 wanted. You couldn’t trust him more than you would a snake. Everything he did in this town was for 54 himself and he didn’t care about anyone else around him. As soon as he opened that dump, the 55 mood on the Square changed. Right away, he went after me and Sam’s place, trying to undercut 56 everything we did. Of course, he just opened this generic “bar” thing that didn’t stand out from 57 anyone. I guess he wanted to have the idea of the good ol’ country bar days, with Patrick Swayze 58 keepin’ the door. And he got that too, sometimes. There was many times where a fight would start 59 inside and wind up out on the street or in the back alley. I had to go out there to break it up a few 60 times, just so it didn’t spill over into my place. Yeah, we got loud sometimes when we had a band 61 playing at night, but nothin’ like that germ had down the block. 62 63 6. Then he started to get personal with his efforts to get customers. There are a lot of options on 64 where to eat in Miltonville. You got the chain places out by Carley Corners Mall that attract people 65 who like that sort of thing. They’re always runnin’ “kids eat free on Tuesdays” things and have the 66 national advertising on tv and stuff. I did take one idea, one of them’s “free pie Wednesday” and 67 used that, giving you a free piece of pie with a dine-in large pizza pie on Thursdays after 4:00. It 68 worked out really well. It seemed to bring in some of the college dating crowd. Who wouldn’t love a 69 piece of pie after a few slices of Sicilian pie and a pint of Bunny Hops IPA? Anyways, to keep your 70 place out there in the public, you gotta work the web. Now, back when we opened the place in 1988, 71 you had the yellow pages, newspaper ads, and coupon books to get your word out. Sometimes, 72 you’d be able to post fliers around town, though they didn’t like that much, makin’ the place look a 73 bit trashed up. But, back then, the Square wasn’t that much to speak of. The town really started to 74 turn it around around 2009 after the economy took a dump. Now, they’ve got much tighter controls 75 on what you can do in posting things. 76 77 7. To stay in business, you gotta adapt with the times. When we started, we were the “true” pizza 78 place, making pies with sopressata salami, Italinal bufala mozzarella, ricotta, pecorino, and the like. 79 All of our pies are thin crust and with a bit of char on the bottom. I got a brick fired oven in the 80 kitchen that gives the pies a real-world feel. Again, Nick and Nat’s had the mass produced stuff that 81 the kids in the dorms liked or you’d get for the baseball team after a game. We were more authentic
v. 1.0: 10/11/17 35 82 and the only place in town like that. Over the years, this “authentic”, “farm to table” trend came 83 along and people started copyin’ us. Il Forno Ristorante opened up a few blocks away, trying to be 84 another true-to-Italian place. They do alright but landed too close to home for my liking. They got a 85 great eggplant parmigiana but their red sauce is too acidic. Mamma wouldn’t like it. So, as much as I 86 hated to have to be trendy, we added some stuff to the menu, mainly “craft pies”. Basically, it’s 87 adding toppings you wouldn’t normally find on a Sicilian pizza. Don’t get me wrong, we didn’t throw 88 out mamma and papà’s recipes and ideas. Those were still there. We just took the base of what we 89 did and added some new things to it. Stuff like fruits, buffalo chicken, barbecue chicken, Canadian 90 bacon, regular bacon, goat cheese, arugula and kale, quinoa, Polish sausage, roasted potato, you get 91 the idea. In a way, it helped refine the menu and made me focus on our traditional pies as well. 92 Overall, it was a good move. It brought in a new, younger crowd while it also kept the old-timers 93 happy. 94 95 8. When you think of Italian food, you think of wine, and we have a great selection of that. But, 96 again, the new thing in restaurants are the small breweries. Sure, we have the standard mass- 97 produced American stuff, that’s more water than beer, but the college kids like it. However, I also 98 got an account with Hare Pin Brewery. They’re local from Miltonville and do a lot of IPA stuff. Now, 99 personally, I’ll take a glass of Merlot over a double IPA. Those hops are too bitter and it’s not my 100 style. Italian beer is more of a pale lager, so the hoppy ales don’t really “go” with pizza but I ain’t 101 servin’ too many Italian taste buds here in Miltonville. So, I was fine adding Hare Pin to the menu. 102 103 9. Hare Pin has a big selection of beers, all in the IPA line, but each a bit different. Unfortunately, 104 Pookey Stewart split their line between me and Parker. I would have liked to have them all available 105 on tap, but Pookey thought it was best for Hare Pin to divide what was served between me and the 106 Hole. I don’t know how much that split customers between the two of us but people seemed to like 107 what they got here well enough. Pookey did a good job of keeping me in stock with everything and 108 was game for doing promotions. With the Hare Pin logo bein’ a rabbit, s/he wanted to do stuff in a 109 bunny suit. I thought it was a bit weird, especially tryin’ to use the suit to entertain the kids. I’m all 110 for the parents buying a glass but I don’t know about tryin’ to get Johnny or Susie into the marketing. 111 After the first time, I told him/her to knock off the bunny suit and just promote the beer. 112 113 10. Pookey also serves up the Hole. I’d see Pookey over there doing promotions as well, more in the 114 bunny suit than not. I guess the low-rent bar crowd liked a grown guy/gal in a rabbit costume but 115 that’s what you’d expect from that dump. Pookey would do promotions with local radio stations, 116 sometimes broadcasting from my deck or out in front of the building. Every spring, there was the 117 Taste of Miltonville on the square. That always brought in a lot of business and Hare Pin had a huge 118 set up right out front. 119 120 11. With Pookey bouncing between Onomotopizza and the Hole, I’d get tidbits of what was going on 121 down there. Apparently, Parker was trying to get info on my place from Pookey, always trying to 122 convince him/her to pull the Hare Pin beers from here and put them all in the Hole. Pookey played it
v. 1.0: 10/11/17 36 123 off but let me know. S/He also let me know that s/he’d seen some crap happening on Gulp that was 124 bad mouthing Onomotopizza. That crap had to stop. 125 126 12. The internet is the new place to market. Gulp is one of those customer-review websites, where 127 “unbiased” reviews can be posted. Over the summer of 2016, we started getting a bunch of crappy 128 reviews on our Gulp page. I tried to get the website to take them down but they don’t do that sort of 129 thing apparently. These were things trashing everything from our health rating, which never dropped 130 below a 91, to our service to the quality of my food. Of course, none of this was true. I had a feeling 131 Parker was behind it, which was confirmed when Phoenix Buffay said something about it one day. 132 S/He used to work for me, keeping inventory and running the front of the house for a while. S/He’s a 133 nice kid but a bit, uh, ottuso, ditzy, ya’ know? I let his/her band play here a few times and they were 134 alright. Apparently, the music scene here wasn’t enough for him/her and s/he moved on. I think s/he 135 worked at the Hole for a bit and wound up at Sam’s. Anyways, Phoenix said s/he’d seen 136 Onomotopizza’s Gulp page up on Sam’s computer in the office one day. S/He asked Sam what was 137 up, and Sam said a bunch of nasty comments had been posted to the page. Sam laughed and said it 138 was kinda funny, and that, “That place should get slammed. Hopefully it’ll knock Dewitt down a few 139 pegs.” S/He kept scrolling through and reading them, saying, “brilliant” and “Parker’s gotta love this” 140 every now and then. It wouldn’t surprise me if Sam was doing some of it him/herself. 141 142 13. This started to take its toll. The crowds thinned out and I started to get behind on some things. 143 Pookey was great in working with me on the beer tabs. I had to cut back on some of the fancy stuff 144 for some of the craft pies and refocus back on the traditional plates. That lost some of the new 145 customers who liked the fancy stuff, but I had to cut costs somewhere to stay afloat. If I didn’t do 146 something soon, I may lose the whole thing. 147 148 14. After what Parker was doing, I realized I had to fight back to survive. I didn’t get where I am by 149 sitting back and letting life happen to me. Parker liked the college crowd, so I did what I could to 150 draw them in. On Thursday nights, I started a 5 cent beer night (only on PBR and Milton Lite). I 151 printed up a bunch of fliers and posted them throughout downtown. I even got one of my waiters to 152 put a few up in the back hall of the Hole. I thought it was a good move. It started a new buzz about 153 Onomotopizza and got under Parker’s skin. Win win. Parker was livid and came stomping in one 154 night, goin’ off about it all. A few nights later, on April 16, I think Parker snapped and set a bunch of 155 them on fire on my deck. The fire department was able to put it out before the building went up and 156 said they couldn’t “officially” say that Parker set the fire, but who else would it have been? He was 157 so mad about it all, I think it sent him over the edge. My landlord didn’t like having to replace the 158 deck and told me to knock it off with Parker unless something more dangerous happens. I guess their 159 insurance company didn’t like the “risk” we were posing all of a sudden. I don’t know what they 160 were worried about, I can take care of myself with that cretino. Parker knew better than to come 161 after me directly. 162 163 15. Well, apparently, Parker wasn’t done. After the fire and me trying to work with the landlord on 164 the rent, they put the building up for sale. If I had the money, I would have bought it myself and
v. 1.0: 10/11/17 37 165 owned everything. Then, I could do what I wanted. But, money was getting tighter and it went to 166 bid. And of all of the people in this town to wind up with it, was freakin’ R.L. Parker. The mook 167 bought the building! I couldn’t believe it. What a great way to start the month! 168 169 16. The morning after he bought it, he comes strolling into the restaurant at the height of lunch time 170 and makes a grand show of telling me who my new landlord was. I was livid. Who the heck does he 171 think he is? No one comes into my place and shows me up like that. No one. He even got that 172 restaurant columnist Robin Concord to come along to report on it all. I wanted to rip Parker’s head 173 off and shove the lease papers down his throat, but I kept my cool. Mostly. I told Parker that he 174 didn’t want to start this with me and that “there’s always payback” for cavolo like this. Parker just 175 sneered and said, “Catch up on your rent or you’re out at the end of the month.” I told him where to 176 go and he left. Everyone in the place was gawking and I did my best to smile and brush it off. 177 Honestly, though, I was screwed. Things weren’t going well and I knew Parker wouldn’t give me any 178 slack on anything. He had me staring down the barrel and I couldn’t do anything about it. 179 180 17. Late the next morning, I went across the Square to Sam’s place and told him what had happened. 181 He’d heard already, go figure. We sat down at the bar and he poured us a couple of drinks. I don’t 182 know what I was expecting trying to get Sam on my side but I wanted to see if there was any way we 183 could team up to fight Parker off. If we could, we’d both benefit. Sam sat there and sipped on his 184 highball for a few minutes, thinkin’ it through. I could hear Phoenix in the back, getting set for the 185 lunch crowd in the quiet. Finally, Sam said he knew a guy, “Randy,” who may be able to help. I asked 186 Sam, “with what?” and Sam said, “He’s a ‘utility player’, jack of all trades. Let me give him a call and 187 you meet with him. He can help you, and me, out a bit.” 188 189 18. That Friday, I went down to the Hole and marched into Parker’s office to pay the rent for the 190 month. He was sittin’ as his desk and looked shocked I was in his little lair. His mangy little white dog 191 was layin’ on his bed next to the desk and started to growl at me when I came in, almost before 192 Parker saw me. I threw the rent check on the desk and told him that he better stay out of my 193 business and just let me run my place. I said, “If you shut me down, you’ll get hurt. You won’t get 194 paid. Think about that, you …” Well, you get the idea. He didn’t say anything, just sat there looking at 195 me with his mouth hanging open like a fish out of water, gulping for air. I turned around and left. 196 197 19. Then, a few weeks later, on about the 19th, Parker cancels my lease! He shows up and takes great 198 pleasure in throwing me out. He said he was going to be “gracious” and give me until the end of the 199 month to clear out. I about had a stroke. This was the end. In a way, it was a bit of a relief but not 200 the way I wanted to end it all. A few days later, Phoenix brings a note over from Sam, saying to find 201 Randy at the coffee shop the next day. I had forgotten about talking to Sam. 202 203 20. So, I go. I walked into Carley’s and see Robin sitting at a booth talking to Sandy. Then I see a guy 204 sitting at the bar picking at some eggs and bacon, looking like a guy who would be friends with a 205 drunk like Sam. I walk over, say “hey” to Robin and Sandy, and ask the guy at the bar, “You Randy?” 206 He didn’t say anything so I asked him again. Finally, he nodded and I sat down. I felt odd just sitting
v. 1.0: 10/11/17 38 207 there, so I order a cup of coffee and unrolled the napkin to use the spoon for my sugar. I told him, 208 “Sam said you’d have some ideas on fighting Parker.” Randy said, “Sam said you were close to filing 209 bankruptcy?” I don’t know how Sam knew that but I guess it was out there. I didn’t know what to 210 say. I felt defeated. I said, “I’m not there yet. I’m trying not to but…” I asked, “I guess you heard 211 about the fire with the fliers, huh?” He nodded and I asked, “So you got any ideas?” He told me he 212 had some ways to make Parker back off but it was best I didn’t really know, just pay. I asked him how 213 much and he slides a piece of paper to me, with “$10,000” written on it. I about choked. I didn’t 214 have that kind of cash! But, I wanted to play it cool so took it and slipped it in my pocket. I asked him 215 how I can get ahold of him, and he said to talk to Sam. He said he’d be in touch in a day or so and “he 216 appreciated my business.” I got the heck outta there and went back to my office. I don’t know what 217 had just happened, but I didn’t like this guy. I didn’t have any way to get to him directly, so I called 218 Sam to get him to get Randy to back off and forget we met. Sam got mad and told me to get my 219 shorts out of a wad and “suck it up”. I knew I shouldn’t have gone to that louse in the first place. 220 221 21. The next couple of days were quiet, thankfully. I was setting up our closing “celebration” for May 222 31 and trying to start the process of cleaning stuff out. I didn’t see or hear from Parker, Sam or this 223 Randy guy. Being a Saturday morning, things were typically quiet, until, next thing I know, Detective 224 Gordon is knocking on my door, wanting to talk to me. S/He steps in, looks around, and asks if I knew 225 why s/he was there. I had no idea and told him/her so. S/He said that Parker had been killed the 226 night before in his office and wanted to know if I knew anything about it. I was shocked. I hated the 227 guy but I’m not sinkin’ so low as to kill him! I told Gordon I didn’t know anything. Gordon stared at 228 me for a minute and then said if I could think of anything to let him/her know. Then s/he left. As 229 soon as s/he was gone, I about threw up. Was this Randy? I had no idea but I didn’t like the feel of 230 this. I found the note that Randy gave me at the diner and burned it in my trashcan. I didn’t want any 231 connection to that guy in case he did this. 232 233 22. I was losing it. I had to get somewhere to give myself time to decompress and think all this 234 through. I hadn’t been up to see my mamma and papà in a while so I decided this would be a good 235 as time as any to make the trip. They’re up in Ohio near my sister. I set things up with my manager to 236 be away for a week or so and left. While I was up there, my papà’s health turned bad and I had to 237 stay a few weeks longer to get him set up in a home. My sister’s got five kids and wasn’t able to do 238 much, so it fell on me. That’s alright. Once he was in and mamma was settled down, I came home, 239 hoping to turn the page on everything. As soon as I get home, Gordon shows up with an arrest 240 warrant for me. S/He claims that s/he found a bunch of money and notes from Randy in my place 241 but I have no idea what s/he’s talking about. I asked for my lawyer and kept my mouth shut. 242 243 23. Look, I hated Parker with everything I had. He was no good and probably got what he deserved. 244 But I’m not the one to give it to him. It was business. It ain’t worth goin’ to jail or the chair over 245 business like that. I would have loved to have him shut down that hole and go away but that wasn’t 246 happening. Maybe he ticked off someone else in town with his ways and that came back to bite him. 247 Maybe this Randy guy took things too far. I don’t know. All I know is I didn’t want him dead and
v. 1.0: 10/11/17 39 248 didn’t hire Randy to do anything. The prosecutor tried to cut me a deal to testify about Randy but I 249 wasn’t admitting to guilt over this. This ain’t being hung around my neck. 250 251 252 WITNESS ADDENDUM 253 I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 254 The material facts are true and correct. 255 256 Signed, 257 258 ______259 Addison DeWitt 260 261 SIGNED AND SWORN to me at 10:35 AM, September 2, 2017. 262 263 ______264 C.M. McCormack, Notary Public
v. 1.0: 10/11/17 40 STATEMENT OF PHOENIX BUFFAY
1 1. My name is Phoenix Buffay. I’m 32 years old and I worked for Sam Malloy at Sam’s Old Town 2 Tavern until recently. The truth is it was just a gig to make ends meet until my music business really 3 takes off. You see, I’m a music promoter as well as an artist. Even though I’m usually waiting tables 4 at Sam’s, some nights you can find me playing my guitar and singing my original songs with what 5 some people call quirky lyrics. Other times you can find me at a gig with my band, the Toreys. On the 6 music promotion side, I am really getting a foothold there. My biggest name band so far has been 7 the Li’l Nemesis Ts. As you know, right now they are touring nationally and I hope their success is 8 going to bring more attention to my serious side. You may or may not have heard of my other bands 9 – The Blue Boys, Typhoon, and Morgan’s Maullers. 10 11 2. I am tired of people assuming I am ditsy because of the carefully chosen lyrics to my songs and 12 my interests in environmental issues. Creativity and love of the Earth does not equal ditziness. I had 13 some challenges growing up – I never had a father, and my mother left me alone to fend for myself 14 at 14. I wasn’t going to let that defeat me though. I knew that to achieve my dreams I had to take 15 care of myself, stay on the straight and narrow, work hard, and get educated, and that’s just what I 16 did. I finished high school, making mostly A’s and a few B’s. I even joined the chorus, because I 17 wanted a broader musical experience. I worked after school three days a week and full time during 18 the summers at Stan Kenton Music to support myself for three years. To my surprise, when I went to 19 college at Kennesaw State University, my boss gave me a used Cordoba C9 Crossover Acoustic Nylon 20 Classical guitar I had admired ever since the beginning of that summer when it was traded in during a 21 sale I had made of another guitar. I love that guitar; it is my prized possession. At first I couldn’t 22 believe my good fortune, but Mr. Michael explained to me he felt I had earned it. He said he saw in 23 my hard work, determination and honesty the ingredients for success, and he wanted to reward 24 that. What a boost – the faith Mr. Michael had in me made me want, even more, to stay on the right 25 path. Anyway, after that I went to Kennesaw State University on the HOPE Scholarship and other 26 merit and needs based grants and scholarships, got a degree in Communications with a Certificate 27 from the Music and Entertainment Business Program of the College of Business. 28 29 3. When I finished school I looked around for a place to move to start my career as a music 30 promoter. Miltonville looked like the perfect place. There was a great night life, with three primary 31 bars/restaurants on the square. Over the years, they have done well; enough to outlast other places. 32 They are more or less populated by a mixture of young people and professionals. In the downtown 33 area you could see college students with blue and orange hair and plenty of tattoos having pizza and 34 a beer with their professors while at the next table you would see a lawyer in his khakis with his wife 35 in her sun dress with their children out for burgers for the evening. And, best for me, all these people 36 needed entertainment of all different genres. I knew that once I established myself, I could build my 37 business with such a diverse group of customers and so many venues. Samford Dillard, the music 38 columnist for the Miltonville Times, was really good at showing up to a lot of my acts’ shows and 39 giving reviews. He even did a few spots on the Toreys, which helped us book some additional gigs.
v. 1.0: 10/11/17 41 40 And it was working well for a while – as long as the three restaurants maintained a friendly rivalry, 41 the music business flourished. I had three different places to put my music talent to work, so we 42 could present lots of different styles of music and test out the viability of our acts. But then things 43 started to change. 44 45 4. Over the years, I eventually worked side gigs for all three restaurants on the square here in 46 Miltonville. I kept the books at The Hole in the Wall Saloon for a while, handled inventory at 47 Onomotopizza, and handled all of the office functions at Sam’s Old Town Tavern – not difficult, since 48 it had the least business of the three. At all three, I also waited tables, tended bar, and did whatever 49 else was needed. Let me tell you, you can’t trust any of the three – uh, now two – of those owners. 50 That’s why I kept changing side gigs. I told everyone it was because I needed to get to know the 51 clientele of the three places to get a better handle on music needs at each. The truth is, I cannot 52 stand dishonesty, but I’m a business wo/man and needed to keep a good relationship with all three. 53 In hindsight though, even though he was a dirt bag, I think R. L. Parker was the best of the lot – and 54 I’m not just saying that out of respect for the dead. 55 56 5. When R. L. Parker was killed, I was working for Sam Malloy. I never got emotionally attached to 57 any of the three of them, but it seems to me the three of them got way too emotional for their own 58 good and for the good of their businesses. Even though I’m a musician at heart and want my whole 59 livelihood to be as a promoter and musician, I know you can’t let your competition get under your 60 skin. You have to keep your eye on the goal and act for the good of your business. 61 62 6. The fact that R. L. Parker was doing better than either of the other two is no secret. While 63 Addison Dewitt let his/her irritation at this fact show and took in-your-face action to try to fight it, 64 Sam just stewed. One of the things that made Sam the most angry is that his/her food is, or could be, 65 the best of the any of the three restaurants. The problem, though, is that Sam drinks too much – I 66 don’t mean s/he just has a drink or two with the customers in the late evening like Addison, or a 67 beer or two through the day like Parker. No, Sam drinks all day. S/He’s careful to hide it and s/he’s 68 very good at holding his/her liquor. Sam thinks s/he’s that all-around good guy/gal a friendly kind of 69 place needs, but has an inflated sense of self and his/her business really suffers. Nobody else but me 70 seemed to notice the stewing and the drinking, but then I was the person around him/her the most. 71 S/He even started forgetting things – would order the same ingredients twice and then wonder why 72 the food went bad before it could get sold. Then s/he’d forget to pay a supplier and almost miss a 73 shipment. I’d then hear the tirades about too much food one week and not enough the next. Sam 74 could have really benefitted from an inventory manager. I could have done it, and I did what I could, 75 but restaurant management is not what I want to do. Like I said, I keep my eye on MY goal. Besides, 76 it’s hard working for a forgetful drunk. 77 78 7. Then there was the parking issue. Sam seethed and brooded about that and complained, but 79 his/her alcohol soaked brain couldn’t come up with a creative solution. Everything was somebody 80 else’s fault. After a while I got the impression Sam felt the other two, either together or separately, 81 were even conspiring to mess up his inventory supply chain. It was getting crazy.
v. 1.0: 10/11/17 42 82 83 8. Sam started doing some strange things. One day in early April, when I was working in the office 84 trying to sort things out, Sam had left the computer open and was logged into Gulp as “dchambers”. 85 That’s the password for our Sysco account, where we order food and supplies each week. On the 86 computer, the pages for both Onomotopizza and Hole in the Wall were open. They both had a lot of 87 negative reviews on them, and they each had reviews from “dchambers”. This dchambers person 88 posted really nasty stuff at about the same time on both pages a couple of times. R.L. replied to one, 89 trying to do some damage control, but it didn’t work. At this point, both places had less than three 90 stars. The only people who are on the computer are me and Sam. 91 92 9. A few minutes after I saw it, I put the computer back just before Sam came in and started 93 nonchalantly asking me about when I worked for R. L. Parker. Sam asked if I signed the checks for the 94 business. I figured s/he was just thinking about having me sign checks for Sam’s, so I explained it. R. 95 L. trusted me and didn’t, for some reason, want to bother with adding me to the signature card at 96 the bank, so s/he just gave me samples of his/her handwriting and told me to practice, and then sign 97 his/her name to the checks, so that’s what I did. What happened next surprised me. Sam asked me if 98 I could write a couple of sentences for him/her in R. L.’s handwriting. When I asked, “What for?” 99 s/he got real nervous and said, “Never mind. I shouldn’t get you involved.” I didn’t think anything 100 more about it; I just chalked it up to Sam’s general strangeness. 101 102 10. I also found a box of Addison’s fliers in the office, under a box of those free menu magazines that 103 Sam likes to advertise in. I thought it was weird, you know, but Sam was that way. I thought maybe 104 s/he was going around taking them down to hurt Addison’s attempts to drum up business. Honestly, 105 that wouldn’t have been out of character for Sam, not that it would have helped his/her bar at all. 106 The day after the fire, the office was cleaned up a bit and the box of Onomotopizza fliers was gone. 107 108 11. Sam also started doing some things to raise money–not with the restaurant. S/He was quietly 109 selling some things, mostly stuff I had never seen before, like baseball paraphernalia and other 110 personal items. Again, I didn’t think anything about it, because, let’s face it, the income was getting 111 slower and slower and the place needed some cash. One particular day, about May 18 or so, a guy I 112 had never seen before–I think Sam called him Randy, a guy who said he was from Worchester–came 113 in and the two of them had a long conversation, most of which I didn’t hear. This Randy guy said he 114 needed to build up his electrical business and he wanted pick Sam’s brain for advice. HAH! What a 115 joke! I did hear him say he was desperate for money and would even hire himself out as a hitman if 116 that’s what it took, after which both of them laughed. At the end of the conversation, Sam got 117 serious and started thinking. I heard him/her say something about Addison Dewitt. At this point Sam 118 had plenty of alcohol in the belly and I made sure I could hear every word. Sam said, “Trust me. This 119 is really going to work like a charm. Addison is getting desperate in this beef with R.L. I’ll set up a 120 meeting with you and Addison so we can ‘help’ him/her with R.L. See if Addison takes the bait. Give 121 him this as an asking price and see what he does. I’ll make sure it’s public enough to cause Addison 122 some stress. This will be great! Maybe it’ll be enough to run Addison out of town. I can deal with R.L. 123 later.” I guess they were trying to get Addison to buy something or put him/her in a compromising
v. 1.0: 10/11/17 43 124 position. The evil laugh I heard from Sam after Randy left was like none I’ve heard from anyone 125 before or since. 126 127 12. After that, Sam seemed to be doing much better. S/He stopped stewing and even seemed a little 128 energized, though s/he was still drinking up a storm. I was glad Sam was feeling better, even though 129 his cloak and dagger routine to sell off the property seemed extreme. A few days after Randy was 130 there, Sam had me take a note to Addison. I didn’t dare look at it…I didn’t want to be involved with 131 this mess in the first place! When I gave it to Addison, I wanted to warn him/her about what I had 132 heard but again, didn’t want to put myself in the middle. So, I didn’t say anything and left. 133 134 13. I saw this Randy guy two more times. One was the day he came directly over to Sam’s from the 135 coffee shop. I happened to be looking out the window and watched him cross the square in a hurry. 136 He walked over to Sam’s, came in and walked straight up to the bar. About that time, before either 137 Sam or Randy could see him, Robin Concord, who had also just come in, got up and left, looking very 138 nervous. It seems like everyone in town had started acting weird over these bar wars. I heard Randy 139 tell Sam he had the money from Addison, or at least that’s what it sounded like he said. Sam counted 140 it and added some to it and handed it back to him, saying something about, “making sure he got the 141 next part of the plan done quick.” 142 143 14. Randy was back in the bar about a day later, later in the evening, after the dinner rush. This time, 144 he was really, really nervous. He went up to the bar and after throwing back a shot of liquor 145 demanded to speak to Sam in an almost crazed tone. Sam came out from his office and sat with him 146 at the bar. I was up at the counter rolling silverware so I could hear them talking. I heard Sam ask 147 Randy if he had “taken care of everything”. Then Sam said s/he wanted to hear all the “gory details” 148 before paying the rest of the “commission”. That one must have been some scam! I didn’t get to 149 hear much after that because we had a rush and I got swamped with tables. I did look over a few 150 times though and Randy just looked really sweaty, red faced, and agitated. It looked like to me that 151 the two were having a pretty heated discussion. I didn’t know what it was about at the time but it 152 just stuck with me because it seemed pretty out of the ordinary. Anyway I quit shortly after that just 153 because I was tired of Sam’s alcoholic ways. 154 155 156
v. 1.0: 10/11/17 44 157 WITNESS ADDENDUM 158 I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 159 The material facts are true and correct. 160 161 Signed, 162 163 ______164 Phoenix Buffay 165 166 SIGNED AND SWORN to me at 4:45 PM, May 28, 2017. 167 168 ______169 C.M. McCormack, Notary Public
v. 1.0: 10/11/17 45 STATEMENT OF POOKEY STEWART
1 1. My name is Pookey Stewart, and I’m head of the promotions department for Hare Pin Brewery in 2 Miltonville. I concede that it is a department of one—that being me. But if I can help grow the 3 business, my hope is to have staff someday. 4 5 2. For now, this has to be the best job ever. Most days it’s a cross between being Santa Claus and 6 the Easter Bunny. Really! It never occurred to me when I was working on double majors—marketing 7 in the business school, and public relations in the journalism school—at Milton University that I 8 would wind up with a job that is just plain fun. But I did! 9 10 3. It all started with the internship/senior project for my Marketing 420 class three years ago. The 11 professor, Dr. Woody Boyd, formed alliances with various regional businesses willing to give students 12 an opportunity to create mock advertising, promotions, and marketing campaigns for their products 13 as class projects. 14 15 4. I hit the jackpot when I got teamed up with the founders of Hare Pin Brewery. Back then it was a 16 brand new brewery just starting out in the old mill located at the hair pin turn on Route 33. The 17 founders, Tito Latrobe and Tatiana Stark, had been riding the crest of the craft beer revolution, 18 working, respectively, for brewpubs in Athens and Valdosta. At the first ever Georgia State Craft Beer 19 competition, Tito took top honors in the category for American IPA (India Pale Ale), while Tatiana 20 won the category for American DIPA (double IPA). After the awards ceremony, they bonded over a 21 mutual interest in producing beer using the varieties of hops that grow well in the southern climate. 22 It also just so happened that both were alumni of Milton University, and had long dreamed of 23 returning to Miltonville. 24 25 5. It didn’t take long for Tito and Tatiana to decide they should join forces to create a craft brewery 26 in Miltonville. The old mill at the hair pin turn was vacant, and they decided to rent it as the site of 27 their microbrewery. I gotta give them props for making a play on words with their location to come 28 up with the name of their brewery—Hare Pin—as well as their decision to focus their craft beers on 29 hoppy varieties. 30 31 6. That gave me so much to work with for my class project. I came on the scene just as they were 32 getting ready to introduce a variety six-pack of highly hopped brews that they also planned to have 33 available as draft beers in bars. Tito and Tatiana were hoping to come up with some clever names, so 34 we sat around with a tasting flight of the brews and brainstormed. 35 36 7. I recognized from their turn of phrase for the brewery that Tito and Tatiana were punsters at 37 heart. So, by concentrating my suggestions on word play, we quickly came up with the names of the 38 brews in the variety six-pack: Hops to It; Bunny Hops; Hip Hops Hooray; High Hops; Let’s Go to the 39 Hops; and, Hops Sing Mad.
v. 1.0: 10/11/17 46 40 41 8. By now you are getting the picture that it’s all about the hops, which are that little something, 42 something that gives a good craft beer balance, depth, and often bitterness. 43 44 9. If you just brew up beer’s three essential ingredients—malted barley, yeast, and water—all you 45 have is a sweet, boring glass of carbonated alcohol. Hops flowers come from climbing bines—vines 46 without tendrils—and add a bitterness to beer when used early in the brewing process. They also 47 add aroma, when added at the end of the process. The best thing about hops is they act as a natural 48 preservative, extending the shelf life of our craft brews. 49 50 10. Thanks to hybridization and crossbreeding, hops come in a wide variety of characters—some are 51 bitter; others are piney, grassy, even floral. Others are citrusy. Much like vineyard grapes, where 52 hops are grown affects their characteristics. 53 54 11. Typically, the best hops historically were grown above the 48th parallel north—think Washington, 55 Idaho, Montana, North Dakota, Michigan, and Minnesota. But Hare Pin Brewery located in 56 Miltonville in large part to work with horticulturalists at Milton University to develop hops varieties 57 suitable to the southern climate. 58 59 12. For now, though, the focus is on making our hoppy beers the popular choices at local bars, 60 restaurants, and package stores. Tito and Tatiana were ready to launch their new beer lines just as I 61 was finishing up at Milton University, and they offered me the promotions director job, to start as 62 soon as I graduated. 63 64 13. In keeping with traditional beer promotion practices, I get to play Santa, handing out swag like 65 presents—pint glasses and coasters with Hare Pin logo for the bartenders to use when serving 66 customers, along with logo patio umbrellas, and neon signs for the windows. Setting up promotions 67 for customers—such as awarding Hare Pin beach towels as trivia night prizes, or giving away t-shirts 68 and stickers when customers decide to spring for a pitcher of one of Hare Pin’s brews for their 69 table—also make me feel like Santa. 70 71 14. And the Easter Bunny aspect? Well, I tend to do all this in a rabbit suit—wearing a big head, with 72 stand up bunny ears and buck teeth, and a furry body suit with a bow tie. We thought about calling 73 the mascot rabbit Harvey Pooka, since I’m a Pookey, you know. But we didn’t think we’d be able to 74 get rights to that name. So, we decided to name the mascot Jimmie Hopper. 75 76 15. The funny thing about wearing a rabbit costume is that as weirdly obvious as you feel in the suit, 77 in some ways it’s like wearing a cloak of invisibility. Somehow you become just a prop, and people 78 forget there’s a human individual behind the disguise. So they will say almost anything in front of 79 you, like they think you can’t even hear what they are saying. And they will do almost anything in 80 front of you, like they think you can’t see through the bunny head eyes. Some places don’t mind the 81 bunny suit while others do. In those cases, I’ll show up in a company polo and khakis/shorts and do
v. 1.0: 10/11/17 47 82 everything. Honestly, that suit is hot and I don’t mind not having to wear it. 83 84 16. Doing these promotions and servicing the accounts is how I came to see and hear the building 85 rivalry between R.L. Parker, the owner of The Hole in the Wall Saloon, and Addison Dewitt, the 86 owner of Onomotopizza. These were Hare Pin Brewery’s biggest clients in Miltonville, so we did a lot 87 of promotions at both locations. We’d set up a tent and do radio broadcasts or have cornhole 88 tournaments in front of the bar or restaurant. I’d hand out branded giveaways and tickets for a free 89 4 oz. sample inside at the bar. In doing these, Parker didn’t mind the bunny suit; I think he kind of 90 enjoyed seeing his customers get a kick out of badgering a big bunny as they drank. I was thinking 91 about talking to Tatiana and Tito about retiring it because of the abuse but never got around to it. 92 Dewitt, though, didn’t think the bunny suit was appropriate in a family place, ironically enough. Due 93 to the rivalry between them, we divided the drafts that were sold and promoted at each. It was Hops 94 Sing Mad, Hops to It, and High Hops at The Hole in the Wall Saloon, and Bunny Hops, Hip Hops 95 Hooray, and Let’s Go to the Hops at Onomotopizza. It helped diversify our drafts and give each place 96 a bit of exclusive access. 97 98 17. I also tried to develop Sam’s Old Town Tavern as a client, but Sam Malloy always seemed more 99 interested in promoting mixed drink specials using hard liquor, rather than craft beers, to pair with 100 various food specials. Of the beer s/he had, it was mostly cheap stuff. I’d call and drop in to touch 101 base with him/her occasionally just in case s/he wanted to expand into some tasty beer/food 102 pairings. But given that s/he was serving a Sake Beer Bomb along side Spaghetti with Tofu strips, I 103 didn’t hold out too much hope. 104 105 18. Meanwhile, I always kept a close eye on Chirper and Gulp. Because Parker and Dewitt were 106 trashing each other’s establishments in both of those platforms, I was concerned that if their posts 107 got out of hand, any downturn in business at The Hole in the Wall Saloon and/or Onomotopizza as a 108 result of the feud could lead to reduced sales of Hare Pin Brewery products. Also, because only part 109 of our line was sold at either of these establishments, I didn’t want the trash talk about one to bleed 110 over to the specialty beers we were selling there. 111 112 19. I had some sympathy for Dewitt as s/he struggled for profits at Onomotopizza. Selling craft pies 113 has some similarities with selling craft beers. While real aficionados are willing to pay extra for 114 quality, there’s always the family of six that’s got no choice but to save a few bucks with a coupon 115 for Papa John’s or Domino’s. Competitors’ discount coupons can really eat into revenue in the 116 gourmet pizza biz, especially since the discounters thrive on volume sales and scanty layers of 117 toppings. Also, I wanted Onomotopizza’s clientele to grow so that we could sell more Hare Pin beer. 118 119 20. The trash talk coming from The Hole in the Wall Saloon may have driven off some Onomotopizza 120 customers. But there was more to the nastiness from Parker than that, kind of like the abuse of 121 Jimmie Hopper. Parker also made zoning complaints about Dewitt’s signs and parking facilities. 122 123 21. While fighting Parker on so many fronts, Dewitt was falling behind on the rent. And while I never
v. 1.0: 10/11/17 48 124 made an issue of it, s/he was also running behind on the Hare Pin tab, and seeking more and more 125 promotional discounts to offset costs and pull in customers. I didn’t mind working with Dewitt; 126 s/he’s been a part of Miltonville for a long time and has been one of our longest customers. Dewitt 127 runs Onomotopizza the way we try to run Hare Pin and has been a really good person to work with. 128 S/He’s just in a tough business. There’s sort of a downward spiral that can take over in the restaurant 129 business when an undercapitalized owner’s cash reserves get low. When there’s not enough money 130 to bring in the supplies to keep a full menu going, more and more regular items become unavailable. 131 That causes the customer base to start going elsewhere when they can’t get their favorite pizza 132 toppings, and then there’s even less money coming in. Which, of course, leads to further reductions 133 in the menu. 134 135 22. It seemed like Onomotopizza was starting to head into that kind of death spiral. Dewitt tried 136 handing out flyers to promote the business, even going as far as putting some around The Hole in 137 the Wall Saloon to draw customers. Dewitt tried to regain some customer base by offering cheap 138 beer nights. With the price point of our beer, s/he couldn’t do it with Hare Pin, so Dewitt had to 139 settle on running it with cheaper stuff, more like what Sam’s Tavern was pouring. I don’t know if it 140 helped anything or not but it seemed to inject a little life back into Onomotopizza. 141 142 23. Being a local, hometown brewery, I made sure to keep my presence up around town. I liked 143 Miltonville and what the city council was doing with the downtown square area, so it wasn’t hard to 144 spend time down there most days. Even though Sam Malloy wasn’t a customer, I popped in every 145 now and then to see how things were going and if I could catch him/her on a good day to talk about 146 Hare Pin getting behind the counter. One day, before the fire, I saw a stack of Dewitt’s fliers on the 147 bar at Sam’s. S/He saw me notice them and chuckled, saying that this fight was “good for business,” 148 even though I didn’t see any more customers in there than usual. I asked him/her where all the fliers 149 came from and s/he said they were ones s/he took down on his/her side of the square and that a guy 150 at the bar, Randy, I think it was, found a stack in the parking lot next to Sam’s. When I popped in the 151 week of the fire, Sam was grinning from ear to ear and said, “Those fliers came in handy after all!” 152 Sam’s just sleazy and I never felt I could I could trust him/her. 153 154 24. Every now and then, I’d catch Dewitt sitting in his/her office, just staring into space. I felt bad 155 him/her, just trying to make the restaurant work. Competition is fierce in the food and beverage 156 industry but you hate to see someone kicked around by a bully using some pretty rough methods to 157 win. Though he was good for business, Parker was a jerk, plain and simple. I don’t like to speak ill of 158 the dead but he was. He ran a rough bar and I’m sure ticked off quite a few folks in his time on the 159 Square. With some of the roughnecks that drank there, I’m sure any one of them could have had a 160 major beef with Parker. That place didn’t have a reputation for fighting for no reason. 161 162 25. Suddenly, a few weeks after the deck fire at Onomotopizza, the landlord put a for sale sign on 163 the building. Dewitt sure didn’t have the dough to buy the place. And before anyone else even had 164 time to work up a business plan, Parker bought the building, evicted Onomotopizza, and then kept 165 the place vacant as though the whole exercise had been to drive off restaurant competition of any
v. 1.0: 10/11/17 49 166 kind. That’s what really seemed to chap Dewitt. S/He disappeared for a while after s/he moved out 167 of the building. I hate that Onomotopizza folded; Dewitt was a good customer. We moved the three 168 drafts from Onomotopizza down to the Hole in the Wall after Parker closed Dewitt’s doors. They’ve 169 all done pretty well there but not as well as when we had them split. I do what I can to promote it 170 but I’m sure not doing any more in the bunny suit. 171 172 173 WITNESS ADDENDUM 174 I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 175 The material facts are true and correct. 176 177 Signed, 178 179 ______Pookey Stewart 180 Pookey Stewart 181 182 SIGNED AND SWORN to me at 2:25 PM, May 31, 2017. 183 184 ______185 C.M. McCormack, Notary Public
v. 1.0: 10/11/17 50 EXHIBIT 1 MILTON COUNTY POLICE DEPARTMENT
INCIDENT REPORT
DATE OF REPORT: 5/27/17 ORIGINAL REPORT CASE NUMBER: 104-01262013-A TIME: 14:05 SUPPLEMENTAL REPORT DATE OF OCCURRENCE: TIME OF OCCURRENCE: DOW: Sun Mon Tues 5/26/2017 Approx 21:35 Wed Thur Fri Sat Unk INCIDENT LOCATION: 435 Hoyt Street, Miltonville, GA 30195
COMMON/BUSINESS NAME: BEAT: MAPR: The Hole in the Wall DISTRICT: ALCOHOL: YES NO UNK DRUG: YES NO UNK
CASE STATUS: cleared by arrest exceptionally cleared unfounded DATE: inactive pending arrest pending inv. results informational only administratively cleared ATTEMPTED/COMMITTED: Committed Accessory After Accessory Before Aid/Abet Assault To Attempt to Conspiracy To Facilitation Of Solicitation To Threat To Unfounded ATTACK REASON: WEAPON TYPE: Assault Theft Menace Firearm Knife/Cutting Instrument Concerned Citizen Mental Hands/Fists/Feet, etc. Other Weapon # ENTERED: STRUCTURE OCCUPANCY: EVIDENCE OBTAINED: LOCATION TYPE: 1 (plus one canine) YES NO UNK Restaurant office JUVENILE DISPOSITION: Handled w/in Dept. Referred to Juvenile Court Referred to Welfare Agency Referred to Other Police Referred to Adult Court UCR DISPOSITION: Cleared by Arrest – Adult Cleared by Arrest - JUV Exceptionally Cleared – Adult Exception Cleared – JUV Unfounded Active EX CLEARED TYPE: Extradition Declined Arrest on Primary Offense Death of Offender Vict/Witn Refused Cooperate Prosecution Declined Juvenile/No Custody THEFT BY COMPUTER? FORCED ENTRY? DATE CLEARED: # ARRESTED: 0 YES NO UNK YES NO UNK DRUG ACTIVITY: N/A Buy Deliver Use Distribute Manufacture Produce Cultivate Possess Smuggle Sell Traffic Other DRUG TYPE: N/A Amphetamine Barbiturate Cocaine Heroin Hallucinogen Marijuana Opium/Derivative Paraphernalia Synthetic QUANTITY: UNITS: Gram Milligram Kilogram VALUE Ounce Pound Ton Liter Milliliter Dose $______VICTIM/OFFENDER RELATIONSHIP: Unknown
ASSAULT/HOMICIDE CIRCUMSTANCES: Refer to narrative
CHILDREN WERE… OFFICER ACTION: Involved Present Arrest Family Violence Arrest Other Offence N/A Both Summons Separation Unfounded Referred to Social ALCOHOL USED BY: DRUGS USED BY: PRIOR COURT ORDERS: Aggressor Victim Aggressor Victim YES NO UNK Both Used Neither Used Both Used Neither Used PREVIOUS COMPLAINTS: AGGRESSOR IDENTIFIED BY: None One-Five SERVICES: Physical Evidence Six-Ten More than 10 Advised Not Advised Testimonial Unknown Both
v. 1.0: 10/11/17 51 DATE OF REPORT: 5/27/17 ORIGINAL REPORT CASE NUMBER: 104-01262013-A TIME: 14:05 SUPPLEMENTAL REPORT BRIEF DESCRIPTION: On May 26, 2017 I was dispatched to the Hole in the Wall at 435 Hoyt Street in the City of Milton in reference to a person shot call. After meeting the responding officer, Florence Mooney, I was led to the bar's office, located at the back of the restaurant. The office was accessible by a door from the interior of the restaurant, leading from the hallway, and by a door leading directly to the alley behind the building. The office has two windows, one facing the alley and the other facing Cairo Avenue. I observed a body at the desk, later identified as RL Parker. Mr. Parker had been shot in the back of his head. There was also a dog at the foot of the desk that had been shot. Officer Mooney advised that she spoke with Mr. Parker's girlfriend, Rita Ramirez. Ms. Ramirez had gone to the bar looking for Mr. Parker because he didn’t show up for a dinner date. Ms. Ramirez said the front door was unlocked but the restaurant was empty. She walked through the dining room down the hallway to enter the office from the interior door. Upon entering the office, Ms. Ramirez discovered his body. Mooney assured me that the scene’s integrity had not been compromised and she called 911 immediately from her cell phone. Officer Mooney was the first respondent. Off. Mooney secured the scene and informed dispatch of the scene, where I was dispatched to investigate. When I arrived, Off. Mooney was interviewing Ms. Ramirez on the sidewalk in front of the address. After taking Ms. Ramirez’s contact information, Off. Mooney released Ms. Ramirez and then assisted me in setting up crime scene tape. Additional units were dispatched to secure the alley behind the building. After my initial inspection of the office, I called for Dr. Lipscomb, the county medical examiner. The ME arrived, declared Parker dead at the scene, and removed the body. I then authorized the Crime Scene Unit to process the scene. I discovered that the point of entry was the office window from the alley; the window was broken but there was no broken glass to be found. No other point of entry looked to be disturbed. The door to the office from the alley and door from the hallway to the alley were both locked, preventing any entry from the outside. I made contact with Vivian Parker, Mr. Parker's wife and asked her to come to the scene to see if anything had been taken. Mrs. Parker arrived by 23:50 and confirmed that nothing appeared to have been taken. I secured Mr. Parker's uPad which had been lying under his body; the screen contained GULP! reviews for Onomotopizza. The Hole in the Wall did not have any security cameras either inside or outside the location. Based on discussions with Ms. Ramirez and Mrs. Parker, and based on previous complaints filed by Mr. Parker, Addison Dewitt is a person of interest and was summoned for questioning. The interview with Dewitt was unremarkable except that s/he seemed to know what the interview was about before I mentioned the subject matter. Dewitt was nervous but didn’t offer any information of consequence.
ATTACHMENTS: GCIC ENTRY Persons Property Warrant Vehicle Article Offenses Narrative Boat Gun REPORTING OFFICER: Det. Jayden Gordon BADGE: 4322 DATE: 5/27/2017 SUPERVISOR: BADGE: 5201 DATE: 5/27/2017
DATA ENTRY: BADGE: DATE:
GCIC OPERATOR: BADGE: DATE:
v. 1.0: 10/11/17 52 EXHIBIT 1(A) MILTON COUNTY POLICE DEPARTMENT
INCIDENT REPORT
DATE OF REPORT: 9/1/17 ORIGINAL REPORT CASE NUMBER: 104-01262013-A TIME: 17:54 SUPPLEMENTAL REPORT DATE OF OCCURRENCE: TIME OF OCCURRENCE: DOW: Sun Mon Tues 5/26/2017 Approx 21:35 Wed Thur Fri Sat Unk INCIDENT LOCATION: 435 Hoyt Street, Miltonville, GA 30195
COMMON/BUSINESS NAME: BEAT: MAPR: The Hole in the Wall DISTRICT: ALCOHOL: YES NO UNK DRUG: YES NO UNK
CASE STATUS: cleared by arrest exceptionally cleared unfounded DATE: inactive pending arrest pending inv. results informational only 8/30/2017 administratively cleared ATTEMPTED/COMMITTED: Committed Accessory After Accessory Before Aid/Abet Assault To Attempt to Conspiracy To Facilitation Of Solicitation To Threat To Unfounded ATTACK REASON: WEAPON TYPE: Assault Theft Menace Firearm Knife/Cutting Instrument Concerned Citizen Mental Hands/Fists/Feet, etc. Other Weapon # ENTERED: STRUCTURE OCCUPANCY: EVIDENCE OBTAINED: LOCATION TYPE: 1 (plus one canine) YES NO UNK Restaurant office JUVENILE DISPOSITION: Handled w/in Dept. Referred to Juvenile Court Referred to Welfare Agency Referred to Other Police Referred to Adult Court UCR DISPOSITION: Cleared by Arrest – Adult Cleared by Arrest - JUV Exceptionally Cleared – Adult Exception Cleared – JUV Unfounded Active EX CLEARED TYPE: Extradition Declined Arrest on Primary Offense Death of Offender Vict/Witn Refused Cooperate Prosecution Declined Juvenile/No Custody THEFT BY COMPUTER? FORCED ENTRY? DATE CLEARED: # ARRESTED: 0 YES NO UNK YES NO UNK DRUG ACTIVITY: N/A Buy Deliver Use Distribute Manufacture Produce Cultivate Possess Smuggle Sell Traffic Other DRUG TYPE: N/A Amphetamine Barbiturate Cocaine Heroin Hallucinogen Marijuana Opium/Derivative Paraphernalia Synthetic QUANTITY: UNITS: Gram Milligram Kilogram VALUE Ounce Pound Ton Liter Milliliter Dose $______VICTIM/OFFENDER RELATIONSHIP: Unknown
ASSAULT/HOMICIDE CIRCUMSTANCES: Refer to narrative
CHILDREN WERE… OFFICER ACTION: Involved Present Arrest Family Violence Arrest Other Offence N/A Both Summons Separation Unfounded Referred to Social ALCOHOL USED BY: DRUGS USED BY: PRIOR COURT ORDERS: Aggressor Victim Aggressor Victim YES NO UNK Both Used Neither Used Both Used Neither Used PREVIOUS COMPLAINTS: AGGRESSOR IDENTIFIED BY: None One-Five SERVICES: Physical Evidence Six-Ten More than 10 Advised Not Advised Testimonial Unknown Both
v. 1.0: 10/11/17 53 DATE OF REPORT: 9/1/17 ORIGINAL REPORT CASE NUMBER: 104-01262013-A TIME: 17:54 SUPPLEMENTAL REPORT BRIEF DESCRIPTION: Based on additional information gathered from witnesses Robin Concord and Sam Malloy, Randy Jaqual emerged as an additional suspect. Malloy even related a confession made by Jaqual, which implicated Dewitt as a co-conspirator. With this evidence, I secured a search warrant for Jaqual’s apartment. That search yielded a .38 caliber revolver and a box of ammunition. Ballistic tests confirmed that the .38 was the gun used to kill Parker and Rags. Arrest warrants were issued for Jaqual and Dewitt. ATTACHMENTS: GCIC ENTRY Persons Property Warrant Vehicle Article Offenses Narrative Boat Gun REPORTING OFFICER: Det. Jayden Gordon BADGE: 4322 DATE: 9/1/2017 SUPERVISOR: BADGE: 5201 DATE: 9/1/2017
DATA ENTRY: BADGE: DATE:
GCIC OPERATOR: BADGE: DATE:
v. 1.0: 10/11/17 54 Tybee Cumberland’s Bed New Milton County Courthouse and Breakfast v. 1.0: 10/11/17 Waleska Avenue
Deck
Onomotopizza
The Potato The Barn Hoyt Alley
Street
Carley’s Coffee
Milton Park at Miltonville Square Shop
55 Campbell Street Campbell
The Hole in the Wall Felicia’s Flowers
Cairo Avenue E
Sam’s Old Towne Tavern Newton’s Noodle XHIBIT & Haus Gravel parking R. Howe’s 2 lot TSARBUCKS EXHIBIT 3 Light over Alley v. Dumpster Light over 1.0: door door
10/11/17 Window
Bookcase Credenza
Men’s restroom Credenza Cairo Avenue
56
Dog
Bed Bookcase Window Parker’s Body
Women’s restroom
Desk
One-way mirror
Kitchen Dining Room Bar EXHIBIT 4 v. 1.0: 10/11/17 57 EXHIBIT 5
Miltonville’s Sicilian Restaurant
Climb out of that Hole and come down to
Free to play! 7pm every Thursday $35 credit for 1st place! Teams welcome $25 credit for 2nd place!
Established in Miltonville in 1844 Probst
Proudly serving drafts, bottles, and cans.
v. 1.0: 10/11/17 58 EXHIBIT 6 cc Find burritos, lunch, Newt’s | Near Miltonville, GA, US Sign Up
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$$ · Bars, Burgers, American (Traditional) Edit
431 Hoyt Street Edit Miltonville, GA Miltonville Square Get Directions Full Menu (404) 527-8785 holeinthewall..com $$$$ Price range $11-30 Message the business Hours Send to your Phone Mon 11:00 am – 8:00 pm Tue 11:00 am – 8:00 pm “Good beer, good burgers, fun place.” in 25 reviews Wed 11:00 am – 9:00 pm Thu 11:00 am – 11:00 pm “Good party spot, though the pool table leans a bit towards Fri 11:00 am – 2:00 am Sat 11:00 am – 2:00 am the corner back pocket” in 13 reviews Sun CLOSED
Edit business info Recommended Reviews for The Hole in the Wall More business info Your trust is our top concern, so business can’t pay to alter or remove their reviews. Learn more. Takes Reservations No W. Garrett 5/13/2017 Delivery No Jasper, MO Nice to have a real bar in Miltonville when I come in on business. Take-out No 3 friends Accepts Credit Cards Yes 3 reviews They have solid beer on draft and don’t try to be trendy with that craft stuff. Good mix of college kids and locals. Accepts Bitcoin No 0 photos Good for Lunch, Dinner Parking Street, Valet E. Blues 4/15/2017 Alcohol Full Bar Chicago, IL Ambience Casual Pretty good place to play a gig. Not nearly as crazy at Bob’s 11 friends Country Bunker. 12 reviews You might also consider
1 photo Sam’s Olde Town Ta…
41 reviews 4/2/2017 F. Craine said “Crappy. Sam D. Chambers needs some serious psychiatric Miltonville, GA Great place to go if you want to get food poisoning. The beer is help and an AA…” read more 0 friends watered down (as much as you can with Milton Lite). The burgers
4 reviews are dry. Plus, there’s a good chance you’ll get in a fight on a 0 photos Saturday night. Johnny Castle, their bouncer, is pretty but doesn’t Onomotopizza do much. 12 reviews P. Krapence said “Nice place. Good place to take a date…” read more v. 1.0: 10/11/17 59
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$$ · Pizza, American, Italian (Traditional) Edit
435 Hoyt Street Edit Miltonville, GA Miltonville Square Get Directions Full Menu (404) 527-8779 onomtopizza.com $$$$ Price range $11-30 Message the business Hours Send to your Phone Mon 11:00 am – 9:00 pm Tue 11:00 am – 9:00 pm “It’s some of the best Italian in Miltonville.” in 19 reviews Wed 11:00 am – 9:00 pm Thu 11:00 am – 11:00 pm “Cheap beer” in 23 reviews Fri 11:00 am – 1:00 am Sat 11:00 am – 1:00 am Sun 11:00 am – 7:00 pm
Edit business info Recommended Reviews for Onomotopizza More business info Your trust is our top concern, so business can’t pay to alter or remove their reviews. Learn more. Takes Reservations Yes J. Bluto 5/3/2017 Delivery No Faber, GA Take-out Yes 23 friends Good place to hang out with friends. They have Hare Pin but also cheaper stuff for college kids. Their 5 cent beer night is great! A lot Accepts Credit Cards Yes 16 reviews Accepts Bitcoin No 5 photos nicer place than down the block. Good for Lunch, Dinner Parking Street, Public Lot D. Chambers 4/2/2017 Alcohol Full Bar Miltonville, GA Ambience Casual, romantic I don’t know why this place is still in business. The “Italian” food is 0 friends crappy and the owner is a jerk. He ruined my date and I had 4 reviews You might also consider heartburn for three days after eating hear. They’re live music is too 0 photos loud where you can’t here a conversation. It’s horrible. The Hole in the Wall 41 reviews Dalton said “This is a great 3/28/2017 place to catch a drink after work C. Tortelli but…” read more Boston, MA Meh. I’ve seen better pizza in the bottom of the trash can.
8 friends 12 reviews Sam’s Olde Town Ta… 1 photo 15 reviews F. Craine said “Crappy. Sam needs some serious psychiatric help and an AA…” read more v. 1.0: 10/11/17 60
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$$ · Bars, Craft Liquor, Burgers, American (Traditional) Edit
184 Cairo Avenue Edit Miltonville, GA Miltonville Square Get Directions Full Menu (404) 527-8700 samstavern.biz $$$$ Price range $11-30 Message the business Send to your Phone Hours Mon 11:00 am – 9:00 pm Tue 11:00 am – 9:00 pm “It’s nice to go where someone knows me.” in 4 reviews Wed 11:00 am – 9:00 pm Thu 11:00 am – 9:00 pm “Some creative drinks” in 6 reviews Fri 11:00 am – 2:00 am Sat 11:00 am – 2:00 am Sun CLOSED
Edit business info Recommended Reviews for Sam’s Old Town Tavern More business info Your trust is our top concern, so business can’t pay to alter or remove their reviews. Learn more. Takes Reservations No D. Chambers 5/18/2017 Delivery No Miltonville, GA Can’t say enough about Sam’s. I heard that a few of the other Take-out No 0 friends places on the square may be closing soon. They should have Accepts Credit Cards Yes 4 reviews served lemoncellos like Sam has…that would have kept them in Accepts Bitcoin No 0 photos business. Good for Lunch, Dinner, Drinks Parking Street, Public Lot Alcohol Full Bar H. Smpson 4/15/2017 Ambience Casual Springfield, GA Not sure how the drink and food menus are supposed to work 87 friends You might also consider 24 reviews together but a sake bomb doesn’t go with grilled cheese. I wish 9 photos they had Hare Pin or Duff but they focus on these crazy hard liquor The Hole in the Wall mixtures. They’re trying to hard. 41 reviews Dalton said “This is a great place to catch a drink after work but…” D. Chambers 4/2/2017 read more Miltonville, GA
0 friends Of all the places on the square, Sam’s is the best. Sam’s a great 4 reviews bartender. The mixed drinks are a lot better than the beer served at Onomotopizza 0 photos other places hear on the Square. I really feel like I’m hanging out at 35 reviews home when I’m at Sam’s. P. Krapence said “Nice place. Good place to take a date…” read more v. 1.0: 10/11/17 61
EXHIBIT 9
Miltonville’s Sicilian Restaurant
435 Hoyt Street 404/527-8779 Miltonville, GA 30303 onomotopizza.com
v. 1.0: 10/11/17 62 EXHIBIT 10 135887 MOBLITY USAGE 05/29/2017 (with cell location) v.
1.0: SCAMP Horizon
10/11/17
Run Date: 05/29/2017 Run Time: 13:45:11 Voice Usage for: (478) 555-4568 Account Number: 418025-521104-0477
Item Conn. Conn. Seizure Originating Terminating Elapsed Description Cell Location Date Time Time Number Number Time 1 4/14/2017 11:15A 0:21 4045278700 4785554568 2:15 L 2 M -84.22.18 : 33.43.54 2 5/17/2017 2:35P 0:15 4045278700 4785554568 6:20 L 2 M -84.22.18 : 33.43.54 3 5/17/2017 2:42P 0:10 4785554568 4045559945 3:15 M 2 M -84.23.33 : 33.45.23 4 5/22/2017 10:55A 0:25 4045278700 4785554568 1:01 L 2 M -84.22.18 : 33.43.54
63 5 5/26/2017 10:1 0P 1:15 4785554568 4045278779 0:00 M 2 L -84.23.29 : 33.45.24 6 5/26/2017 10:12P 1:15 4785554568 4045278779 0:00 M 2 L -84.23.29 : 33.45.24 7 5/26/2017 10:15P 1:08 4785554568 4045278779 3:15 M 2 L -84.23.29 : 33.45.24
Conn. Date – Date call was placed Conn. Time – Time call was placed Seizure Time – Elapsed time for call to be connected Elapsed Time – The duration of the call Description – L = landline number; M = mobile number Cell location – Lat/Long coordinates of target cell phone -84.22.18 : 33.43.54 = 800 Cherokee Avenue, SE, Miltonville, GA -84.23.33 : 33.45.23 = 433 Hoyt Street, Miltonville, GA -84.23.29 : 33.45.24 = 435 Hoyt Street, Miltonville, GA EXHIBIT 11 Personal Checking Plus iltonville Community
Account Number: 0001225859 May 1, 2017 to May 31, 2017 Page 1 of 1 Credit Union
Questions? Addison Dewitt 257 Freeman Avenue Available by phone 24 hours a day: Miltonville, GA 30303 1-800-334-6865
Online: mccu.org
Write: Miltonville Community Credit Union P.O. Box 1979 Miltonville, GA 30303 ADDRESS SERVICE REQUESTED
Account Summary Opening Balance $5,485.50 Withdrawals $6,295.00 Deposits $2,050.00
Closing Balance on May 31, 2017 $1,240.50
Transaction History Date Description Withdrawals Deposits Balance May 2 ATM $40.00 $5,445.50 May 5 DEBIT: Newton's Noodle Haus $17.75 $5,427.75 May 6 DEBIT: Kroger 4457 $59.98 $5,367.77 May 6 Deposit $750.00 $6,117.77 May 7 Online Bill Pay: Milton Co. Water $35.65 $6,082.12 May 7 Online Bill Pay: Georgia Power $110.04 $5,972.08 May 7 Online Bill Pay: Georgia Nat Gas $36.74 $5,935.34 May 7 AUTO DEP: Netflix $8.99 $5,926.35 May 10 DEBIT: Henri's $115.50 $5,810.85 May 12 Deposit $750.00 $6,560.85 May 16 Deposit $550.00 $7,110.85 May 19 DEBIT: Kroger 4457 $35.24 $7,075.61 May 22 Alpha Air: MLT - CLE $429.88 $6,645.73 May 22 Alpha Air: Baggage $50.00 $6,595.73 May 23 Cash Withdrawal $5,000.00 $1,595.73 May 28 DEBIT: CFA MLT International Air $9.65 $1,586.08 May 28 DEBIT: Lyber $210.00 $1,376.08 May 31 DEBIT: Lockkeepers $135.58 $1,240.50 Closing Balance $1,240.50
v. 1.0: 10/11/17 64 Business Prime Checking iltonville Community
Account Number: 155201125 May 1, 2017 to May 31, 2017 Page 1 of 1 Credit Union
Questions? Onomotopizza 435 Hoyt Street Available by phone 24 hours a day: Miltonville, GA 30303 1-800-334-6865
Online: mccu.org
Write: Miltonville Community Credit Union P.O. Box 1979 Miltonville, GA 30303 ADDRESS SERVICE REQUESTED
Account Summary Opening Balance $7,843.34 Withdrawals $12,705.76 Deposits $4,862.45 Contact us to learn more
Closing Balance on May 31, 2017 $0.03
Transaction History Date Description Withdrawals Deposits Balance May 3 Sysco Foodservices $575.50 $7,267.84 May 5 Deposit $2,125.75 $9,393.59 May 5 Payroll $1,537.50 $7,856.09 May 7 Online Bill Pay: Milton Co. Water $128.95 $7,727.14 May 7 Online Bill Pay: Georgia Power $462.33 $7,264.81 May 7 Online Bill Pay: Georgia Nat Gas $224.48 $7,040.33 May 10 Deposit $1,120.02 $8,160.35 May 12 Payroll $1,102.10 $7,058.25 May 16 Deposit $958.07 $8,016.32 May 16 Hare Pin Brewery $524.45 $7,491.87 May 19 Payroll $1,150.45 $6,341.42 May 19 Deposit $658.58 $7,000.00 May 23 Cash Withdrawal $7,000.00 $0.00 May 31 Interest $0.03 $0.03 May 31 ACCOUNT CLOSED $0.00 Closing Balance $0.00
v. 1.0: 10/11/17 65 EXHIBIT 12(A) IN THE SUPERIOR COURT OF MILTON COUNTY BILL OF INDICTMENT
COUNT ONE: FALSE STATEMENTS AND WRITINGS, O.C.G.A. 16-10-20
THE GRAND JURORS selected, chosen and sworn for the County of Milton, to wit:
1. George Carley 12. Nathan Lock 2. Kim Colmey 13. John Manly 3. Julie Culhane 14. Jason Mitchell 4. Will Davis 15. Adrienne Nash 5. Lauren Ducharme 16. William Noland 6. Kevin Epps 17. Toby Prodgers 7. Nicole Golden 18. Burke Sherwood 8. Anna Idelevich 19. Robert Thomas 9. Christina Jenkins 20. Byron Watson 10. Chaundra Lewis 21. Sandy Wisenbaker 11. Alan Lightcap
In the name of and on behalf of the citizens of the State of Georgia, charge and accuse RANDY JAQUAL, as a party concerned in the commission of a crime, with the offense of FALSE STATEMENTS, for that said RANDY JAQUAL did, in the State of Georgia and in the County of Milton, on November 14, 2014 make a fictitious or fraudulent statement or representation, in a matter within the jurisdiction of the Milton County Police Department, to wit: falsely claiming that Jimmy “Not Known for His Compassion” Franklin was in his presence during the entire evening of March 12, 2014, contrary to the laws of the State of Georgia, the good order, peace and dignity thereof.
TRUE Bill Filed in office this 26th day of January, 2015
______Foreperson Clerk, Superior Court of Milton County, Georgia
Defendant, on February 20, 2015, being in open court, pleads GUILTY
______Randy Defendant Jaqual
______Nicole Leet, Attorney for Defendant
______Brian Rogers, DA, Milton Judicial Circuit
v. 1.0: 10/11/17 66 EXHIBIT 12(B) IN THE SUPERIOR COURT OF MILTON COUNTY, STATE OF GEORGIA
STATE OF GEORGIA versus Clerk to complete if incomplete: RANDY JAQUAL OTN(s): 597167005189 CRIMINAL ACTION #: DOB: 5/19/1965 Ga. ID#: 651201688 15-CR-0519-2 JUNE TERM
Final Disposition: FELONY PLEA: VERDICT: Negotiated Non-negotiated Jury Non-jury The Court enters the following judgment:
Disposition Concurrent/ Count; Charge (Guilty, Guilty-Alford, Guilty-Lesser Included & High & Consecutive, CTN; (as indicted or accused & Sentence Fine code section, Not Guilty, Aggravated Merged Warrant # code section) Nolo, Nol Pros, Dead Suspended Docket) 1 FALSE STATEMENTS 001 AND WRITINGS Felony – Guilty 5 years 15w12145 (O.C.G.A. 16-10-20)
The Defendant is adjudged guilty for the above-stated offense(s); the Court sentences the Defendant to confinement in the County Jail, with the period of confinement to be computed as provided by law.
SENTENCE SUMMARY The Defendant is sentenced for a total of _FIVE (5) YEARS PROBATION_, with the first _year_ to be served in confinement and the remainder to be served on probation; or to be served on probation.
The Defendant is to receive credit for time served in custody: from _***_; or as determined by the custodian.
1. The above sentence may be served on probation provided the Defendant shall comply with the Conditions of Probation imposed by the Court as part of this sentence. 2. Upon service of 1 year , the remainder of the sentence may be served on probation; PROVIDED, that the Defendant shall comply with the Conditions of Probation imposed by the Court as part of this sentence.
GENERAL CONDITIONS OF PROBATION The Defendant is subject to arrest for any violation of probation. If probation is revoked, the Court may order incarceration. The Defendant shall comply with the following General Conditions of Probation: 1) Do not violate the criminal laws of any governmental unit and be of general good behavior. 2) Avoid injurious and vicious habits, especially alcoholic intoxication and narcotics and other dangerous drugs unless lawfully prescribed. 3) Avoid persons or places of disreputable or harmful character. 4) Report to the Probation Officer as directed and permit the Probation Officer to visit you at home or elsewhere. 5) Work faithfully at suitable employment insofar as may be possible. 6) Do not change your place of abode, move outside the jurisdiction of the Court, or leave Georgia without permission of the Probation Officer. If permitted to move or travel to another state, you agree to waive extradition from any jurisdiction where you may be found and not contest any effort by any jurisdiction to return you to this State. 7) Support your legal dependents to the best of your ability. 8) When directed, in the discretion of the Probation Officer: (a) submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming; (b) wear a device capable of tracking location by means v. 1.0: 10/11/17 67 including electronic surveillance or global positioning satellite systems; (c) complete a residential or nonresidential program for substance abuse or mental health treatment; and/or (d) agree to the imposition of graduated sanctions as defined by law. 9) Make restitution as ordered by the Court.
OTHER CONDITIONS OF PROBATION The Defendant is advised that violation of any Condition of Probation may subject the Defendant to a revocation of probation and the Court may require the Defendant to serve up to the balance of the sentence in confinement. The Defendant shall comply with all other Conditions of Probation as follows:
The Defendant shall report to the Probation Office as directed by Probation.
______,Ken Foy Morgan Attorney at Law, represented the Defendant by: employment; or appointment.
SO ORDERED this 4th day of September, 2015.
______Honorable Adam Hebbard, Judge Milton County Superior Court Prosecutor: ______
Court reporter: ______
HABEAS CORPUS NOTICE
Should the defendant seek to challenge this legal proceeding, a Petition for Habeas Corpus must be filed: within four (4) years for a Felony conviction; within twelve (12) months for a Misdemeanor conviction; within 180 days for a Misdemeanor Traffic conviction; from the date the sentence becomes final. The defendant has been so advised.
FIREARMS
If you are convicted of a crime punishable by imprisonment for a term exceeding one year, or of a misdemeanor crime of domestic violence where you are or were a spouse, intimate partner, parent, or guardian of the victim, or are or were involved in another similar relationship with the victim, it is unlawful for you to possess or purchase a firearm including a rifle, pistol, or revolver, or ammunition, pursuant to federal law under 18 U.S.C. § 922(g)(9) and/or applicable state law.
ACKNOWLEDGMENT
I have read the terms of this sentence or had them read and explained to me. If all or any part of this sentence is probated I certify that I understand the meaning of the order of probation and the conditions of probation. I understand that violation of a special condition of probation could result in revocation of all time remaining on the period of probation.
______DefendantRandy Jaqual
______,9/5/15 20______Date
v. 1.0: 10/11/17 68 EXHIBIT 13(A) ACCUSATION 09-CR-3658-2
Prosecutor: State of Georgia, Milton Superior Court Righton Johnson
State of Georgia versus Randall Jaqual
Offenses: Count 1: POINTING OR AIMING A GUN AT ANOTHER (O.C.G.A. § 16-11-102)
We the jury find the defendant The defendant herein waives a copy of indictment, list of witnesses, formal arraignment and pleads ______guilty. ______
______This ___25_____th day of ______,June 20______.09
______DefendantRandy Jaqual
______Ken Foy Morgan Attorney for the Defendant
This _____ day of ______, 20____. ______Assistant District Attorney
Count 1
On behalf of the people of the State of Georgia, the undersigned, as prosecuting attorney for the county and State aforesaid, does hereby charge and accuse Randall Jaqual with the offense of POINTING OR AIMING A GUN AT ANOTHER (O.C.G.A. § 16-11-102) in that the said accused, in the State of Georgia and County of Milton, on the 27th day of November, 2008, did then and there intentionally and without legal justification pointed a gun at Beatrice Jaqual, contrary to the laws of said State, the peace, good order and dignity thereof.
______
Brian Rogers, District Attorney
v. 1.0: 10/11/17 69 EXHIBIT 13(B) IN THE STATE COURT OF MILTON COUNTY, STATE OF GEORGIA
STATE OF GEORGIA versus Clerk to complete if incomplete: RANDY JAQUAL OTN(s): 597167005189 CRIMINAL ACTION #: DOB: 5/19/1965 Ga. ID#: 651201688 09-CR-3658-2 JUNE TERM
Final Disposition: MISDEMEANOR PLEA: VERDICT: Negotiated Non-negotiated Jury Non-jury The Court enters the following judgment:
Disposition Concurrent/ High & Charge (Guilty, Guilty-Alford, Guilty- Sentence Fine Consecutive, Count; Aggravated (as indicted or accused & Lesser Included & code CTN; Merged code section) section, Not Guilty, Nolo, Warrant # Nol Pros, Dead Docket) Suspended 1 POINTING OR AIMING A Misdemeanor – Guilty 12 $1,000 001 GUN AT ANOTHER as Charged months 12w17763 (O.C.G.A. § 16-11-102) probation
The Defendant is adjudged guilty for the above-stated offense(s); the Court sentences the Defendant to confinement in the County Jail, with the period of confinement to be computed as provided by law.
SENTENCE SUMMARY The Defendant is sentenced for a total of _TWELVE (12) MONTHS PROBATION_, with the first _***_ to be served in confinement and the remainder to be served on probation; or to be served on probation.
The Defendant is to receive credit for time served in custody: from _***_; or as determined by the custodian.
1. The above sentence may be served on probation provided the Defendant shall comply with the Conditions of Probation imposed by the Court as part of this sentence. 2. Upon service of *** , the remainder of the sentence may be served on probation; PROVIDED, that the Defendant shall comply with the Conditions of Probation imposed by the Court as part of this sentence.
GENERAL CONDITIONS OF PROBATION The Defendant is subject to arrest for any violation of probation. If probation is revoked, the Court may order incarceration. The Defendant shall comply with the following General Conditions of Probation: 1) Do not violate the criminal laws of any governmental unit and be of general good behavior. 2) Avoid injurious and vicious habits, especially alcoholic intoxication and narcotics and other dangerous drugs unless lawfully prescribed. 3) Avoid persons or places of disreputable or harmful character. 4) Report to the Probation Officer as directed and permit the Probation Officer to visit you at home or elsewhere. 5) Work faithfully at suitable employment insofar as may be possible. 6) Do not change your place of abode, move outside the jurisdiction of the Court, or leave Georgia without permission of the Probation Officer. If permitted to move or travel to another state, you agree to waive extradition from any jurisdiction where you SC-6.3 Final Disposition Misdemeanor Sentence With Probation Page 1v. of 1.0: 2 10/11/17 70 may be found and not contest any effort by any jurisdiction to return you to this State. 7) Support your legal dependents to the best of your ability. 8) When directed, in the discretion of the Probation Officer: (a) submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming; (b) wear a device capable of tracking location by means including electronic surveillance or global positioning satellite systems; (c) complete a residential or nonresidential program for substance abuse or mental health treatment; and/or (d) agree to the imposition of graduated sanctions as defined by law. 9) Make restitution as ordered by the Court.
OTHER CONDITIONS OF PROBATION The Defendant is advised that violation of any Condition of Probation may subject the Defendant to a revocation of probation and the Court may require the Defendant to serve up to the balance of the sentence in confinement. The Defendant shall comply with all other Conditions of Probation as follows:
The Defendant shall report to the Probation Office as directed by Probation.
______Ken Foy Morgan_, Attorney at Law, represented the Defendant by: employment; or appointment.
SO ORDERED this 20TH day of August, 2009.
______Honorable Adam Hebbard, Judge Milton County State Court
Prosecutor: ______
Court reporter: ______
HABEAS CORPUS NOTICE
Should the defendant seek to challenge this legal proceeding, a Petition for Habeas Corpus must be filed: within four (4) years for a Felony conviction; within twelve (12) months for a Misdemeanor conviction; within 180 days for a Misdemeanor Traffic conviction; from the date the sentence becomes final. The defendant has been so advised.
ACKNOWLEDGMENT
I have read the terms of this sentence or had them read and explained to me. If all or any part of this sentence is probated I certify that I understand the meaning of the order of probation and the conditions of probation. I understand that violation of a special condition of probation could result in revocation of all time remaining on the period of probation.
______DefendantRandy Jaqual
______, 20______Date8/20 /09
State of Georgia v. RANDALL JAQUAL Criminal Action #09-CR-3658-2 SC-6.3 Final Disposition Misdemeanor Sentence With Probation Page 2v. of 1.0: 3 10/11/17 71 EXHIBIT 14(A) ACCUSATION 11-CR-1245-2
Prosecutor: State of Georgia, Milton Superior Court Jennifer Mann
State of Georgia versus Sam Malloy
Offenses: Count 1: DRIVING UNDER THE INFLUENCE (LESS SAFE) (O.C.G.A. § 40-6-391 (a)(2))
We the jury find the defendant The defendant herein waives a copy of indictment, list of witnesses, formal arraignment and pleads ______guilty. ______
______This ______14th day of ______,July 20____.11
______DefendantSam Malloy
______Attorney for the Defendant
This _____ day of ______, 20____. ______Assistant District Attorney
Count 1
On behalf of the people of the State of Georgia, the undersigned, as prosecuting attorney for the county and State aforesaid, does hereby charge and accuse Sam Malloy with the offense of DRIVING UNDER THE INFLUENCE (LESS SAFE) (O.C.G.A. § 40-6-391 (a)(2))in that the said accused, in the State of Georgia and County of Milton, on the 4th day of April, 2011, did then and there unlawfully operate a motor vehicle while under the influence of a controlled substance, to the extent that he was less safe to drive, contrary to the laws of said State, the peace, good order and dignity thereof.
______
Brian Rogers, District Attorney
v. 1.0: 10/11/17 72 EXHIBIT 14(B) IN THE STATE COURT OF MILTON COUNTY, STATE OF GEORGIA
STATE OF GEORGIA versus Clerk to complete if incomplete: SAM MALLOY OTN(s): 21687463002 CRIMINAL ACTION #: DOB: 12/29/1957 Ga. ID#: 588230067 11-CR-1245-2 JUNE TERM Final Disposition: MISDEMEANOR PLEA: VERDICT: Negotiated Non-negotiated Jury Non-jury The Court enters the following judgment:
Disposition Concurrent/ Count; Charge (Guilty, Guilty-Alford, Guilty-Lesser Included High & Consecutive, CTN; (as indicted or accused & Sentence Fine & code section, Not Aggravated Merged Warrant # code section) Guilty, Nolo, Nol Pros, Suspended Dead Docket) 12 months, 10 days in jail (9 suspended) balance on probation, 40 hours community 1 D.U.I. (less safe) Misdemeanor – service, DUI 001 (O.C.G.A. § 40-6-391 $1,000 Guilty Risk 12w17763 (a)(2)) Reduction program completion, clinical evaluation under OCGA § 40-5-1
The Defendant is adjudged guilty for the above-stated offense(s); the Court sentences the Defendant to confinement in the County Jail, with the period of confinement to be computed as provided by law.
SENTENCE SUMMARY The Defendant is sentenced for a total of _TWELVE (12) MONTHS PROBATION_, with the first _***_ to be served in confinement and the remainder to be served on probation; or to be served on probation.
The Defendant is to receive credit for time served in custody: from _***_; or as determined by the custodian.
1. The above sentence may be served on probation provided the Defendant shall comply with the Conditions of Probation imposed by the Court as part of this sentence. 2. Upon service of *** , the remainder of the sentence may be served on probation; PROVIDED, that the Defendant shall comply with the Conditions of Probation imposed by the Court as part of this sentence. SC-6.3 Final Disposition Misdemeanor Sentence With Probation Page 1v. of 1.0: 3 10/11/17 73
GENERAL CONDITIONS OF PROBATION The Defendant is subject to arrest for any violation of probation. If probation is revoked, the Court may order incarceration. The Defendant shall comply with the following General Conditions of Probation: 1) Do not violate the criminal laws of any governmental unit and be of general good behavior. 2) Avoid injurious and vicious habits, especially alcoholic intoxication and narcotics and other dangerous drugs unless lawfully prescribed. 3) Avoid persons or places of disreputable or harmful character. 4) Report to the Probation Officer as directed and permit the Probation Officer to visit you at home or elsewhere. 5) Work faithfully at suitable employment insofar as may be possible. 6) Do not change your place of abode, move outside the jurisdiction of the Court, or leave Georgia without permission of the Probation Officer. If permitted to move or travel to another state, you agree to waive extradition from any jurisdiction where you may be found and not contest any effort by any jurisdiction to return you to this State. 7) Support your legal dependents to the best of your ability. 8) When directed, in the discretion of the Probation Officer: (a) submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming; (b) wear a device capable of tracking location by means including electronic surveillance or global positioning satellite systems; (c) complete a residential or nonresidential program for substance abuse or mental health treatment; and/or (d) agree to the imposition of graduated sanctions as defined by law. 9) Make restitution as ordered by the Court.
OTHER CONDITIONS OF PROBATION The Defendant is advised that violation of any Condition of Probation may subject the Defendant to a revocation of probation and the Court may require the Defendant to serve up to the balance of the sentence in confinement. The Defendant shall comply with all other Conditions of Probation as follows:
The Defendant shall report to the Probation Office as directed by Probation.
______, Attorney at Law, represented the Defendant by: employment; or appointment.
SO ORDERED this 15TH day of August, 2011.
______Honorable Adam Hebbard, Judge Milton County State Court
Prosecutor: ______
Court reporter: ______
HABEAS CORPUS NOTICE
Should the defendant seek to challenge this legal proceeding, a Petition for Habeas Corpus must be filed: within four (4) years for a Felony conviction; within twelve (12) months for a Misdemeanor conviction; within 180 days for a Misdemeanor Traffic conviction; from the date the sentence becomes final. The defendant has been so advised.
ACKNOWLEDGMENT
I have read the terms of this sentence or had them read and explained to me. If all or any part of this sentence is probated I certify that I understand the meaning of the order of probation and the
State of Georgia v. SAM MALLOY Criminal Action #11-CR-1245-2 SC-6.3 Final Disposition Misdemeanor Sentence With Probation Page 2v. of 1.0: 3 10/11/17 74 conditions of probation. I understand that violation of a special condition of probation could result in revocation of all time remaining on the period of probation.
______SamDefendant Malloy
______,Aug 15 20______11 Date
State of Georgia v. SAM MALLOY Criminal Action #11-CR-1245-2 SC-6.3 Final Disposition Misdemeanor Sentence With Probation Page 3v. of 1.0: 3 10/11/17 75 Legal Authorities Statutes OCGA § 16-5-1. Murder; felony murder (a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. (b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart. (c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice. (d) A person convicted of the offense of murder shall be punished by death or by imprisonment for life.
OCGA § 16-5-21. Aggravated assault (a) A person commits the offense of aggravated assault when he or she assaults: . . . (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury notwithstanding, continues or threatens to continue the use of unlawful force.
OCGA § 16-12-4. Cruelty to animals (d) A person commits the offense of aggravated cruelty to animals when he or she: (1) Maliciously causes the death of an animal...
Case Law The following excerpts are from Case Law concerning the legal issues raised in this mock trial case. Only portions of the opinions are provided, and only those portions may be used in the course of the trial. Citations and internal quotation marks are omitted in the excerpts of the cases that follow. The crime of malice murder is committed when a person unlawfully causes the death of another human being while acting with express or implied malice. In this definition of the crime, the concept of malice incorporates the intent to kill. Thus, in Georgia, the crime of malice murder is committed when the evidence shows either an express or, in the alternative, an implied intent to commit an unlawful homicide. This meaning of malice murder is consistent with the general rule that crimes which are "defined so as to require that the defendant intentionally cause a forbidden bad result are usually interpreted to cover one who knows that his conduct is substantially certain to cause the result, whether or not he desires the result to occur." Thus, a malice murder can be shown not only by evidence that the defendant acted with the "deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof," but also by evidence that the defendant acted "where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart." In other words, evidence that the defendant acted with implied malice is, for purposes of demonstrating his guilt of the crime of malice murder, no less probative than proof that he acted with a specific intent to kill. Parker v. State, 270 Ga. 256 (1998)
v. 1.0: 10/11/17 76 As to the question of malice, there is no requirement of premeditation or a preconceived intention to kill; "malice aforethought can be formed instantly." Wynn v. State, 272 Ga. 861 (2000)
Malice imports the absence of all elements of justification or excuse and the presence of an actual intent to cause harm. Stiles v. State, 242 Ga. App. 484 (2000)
Motive is not an essential element of the crime of malice murder. Although motive may be relevant to the issues of intent and malice, it is not a separate element of the crime which must be proven by the state. Coates v. State, 255 Ga 183 (1985)
While motive is not an essential element in the proof of the crime of murder, the State is entitled to present evidence to establish that there was a motive. Johnson v. State, 260 Ga. 457 (1990)
Felony murder involves a nonintentional killing committed in the prosecution of a felony. It is still murder and is subject to the same penalties as "malice murder." The only difference is the absence of intent and malice. Burke v. State, 234 Ga. 512 (1975)
Under Georgia law [a] person . . . commits the offense of murder when, in the commission of a felony, he [or she] causes the death of another human being, irrespective of malice." Malice means the intent to take a life without legal justification or mitigation. Thus, malice, or the intent to kill, is not an element of felony murder. Proof of felony murder does not require proving malice or the intent to kill, but only that the defendant had the requisite criminal intent to commit the underlying felony. Tessmer v. State, 273 Ga. 220 (2000)
In order for a conspiracy to exist, there must be an agreement between two or more persons to commit a crime. Such agreement need not be express nor does it require a 'meeting of the minds' to the same degree necessary to form a contract.; all that is required is a tacit mutual understanding between persons to pursue a common criminal objective. Franklin v. State, 298 Ga. 636 (2016)
Conspiracy may be established by inference, as a deduction from acts and conduct establishing a common design to act together for the accomplishment of an unlawful purpose. Once that common design is shown by evidence tending to indicate that the individuals have associated themselves together to do an unlawful act, any act done in pursuance of that association by any one of the associates, would, in legal contemplation, be the act of each of them. Greene v. State, 155 Ga. App. 222 (1980)
A person who conspires to commit murder does so with malice aforethought. Orkin v. State, 236 Ga. 176 (1976)
v. 1.0: 10/11/17 77 A conspiracy is deemed to progress until its ultimate purpose is accomplished and may include acts performed and declarations made after the commission of the crime. Conspiratorial efforts to conceal the facts of the crime and the identity of the perpetrators are a continuance of a conspiracy. So long as the concealment phase of a conspiracy continues the declarations of either of the conspirators are admissible against the other. Timberlake v. State, 158 Ga. App. 125 (1981)
It is not necessary that another person be indicted with the defendant for conspiracy, or that the defendant be charged with conspiracy to justify a charge on conspiracy. Neither is it necessary to show a preliminary antecedent agreement, for conspiracy may be shown by circumstantial evidence such as conduct which evidences a common design of the participants. Conspiracy is a question for the jury and we have concluded that the evidence of record was sufficient to authorize the charge. Simpkins v. State, 149 Ga. App. 763 (1979)
It is not necessary that the crime [committed] should be a part of the original design, but it is enough if it be one of the incidental, probable consequences of the execution of their design and should appear at the moment to one of the participants to be expedient for the common purpose. The intent of the actual slayer is imputable to his coconspirators. Lumpkin v. State, 176 Ga. 446 (1933)
Under OCGA § 24-8-801 (d) (2) (E), a statement by a defendant's co-conspirator made ‘during the course and in furtherance of the conspiracy, including a statement made during the concealment phase of a conspiracy[,]’ is not excluded by the hearsay rule when offered against the defendant. A conspiracy need not be charged in order for the exception to apply. OCGA § 24-8-801 (d) (2) (E). For evidence to be admissible under this rule, the government must prove the existence of a conspiracy by a preponderance of the evidence. Dublin v. State, 2017 Ga. LEXIS 765 (September 13, 2017)
v. 1.0: 10/11/17 78 IN THE STATE COURT OF MILTON COUNTY STATE OF GEORGIA
STATE OF GEORGIA ) ) v. ) CRIMINAL ACTION NO: 2018-MT ) ADDISON DEWITT, ) ) Defendant. )
THE CHARGE OF THE COURT [Not to be read in open court]
Indictment/Accusation You are considering the case of the State of Georgia versus Addison Dewitt. The grand jury has indicted the defendant with the offenses of murder, felony murder and aggravated cruelty to animals.
Issue and Plea of Not Guilty The defendant has entered a plea of not guilty to this indictment. The indictment and the plea form the issue that you are to decide. Neither the indictment nor the plea of not guilty should be considered as evidence.
Presumption of Innocence; Burden of Proof; Reasonable Doubt The defendant is presumed to be innocent until proven guilty. The defendant enters upon the trial of the case with a presumption of innocence in his/her favor. This presumption remains with the defendant until it is overcome by the State with evidence that is sufficient to convince you beyond a reasonable doubt that the defendant is guilty of the offense charged. No person shall be convicted of any crime unless and until each element of the crime is proven beyond a reasonable doubt. The burden of proof rests upon the State to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt. There is no burden of proof upon the defendant whatsoever, and the burden never shifts to the defendant to introduce evidence or to prove innocence. When a defense is raised by the evidence, the burden is on the State to negate or disprove it beyond a reasonable doubt. However, the State is not required to prove the guilt of the accused beyond all doubt or to a mathematical certainty. A reasonable doubt means just what it says. A reasonable doubt is a doubt of a fair-minded, impartial juror honestly seeking the truth. A reasonable doubt is a doubt based upon common sense and reason. It does not mean a vague or arbitrary doubt but is a doubt for which a reason can be given, arising from a consideration of the evidence, a lack of evidence, or a conflict in the evidence. After giving consideration to all of the facts and circumstances of this case, if your minds are wavering, unsettled, or unsatisfied, then that is a doubt of the law, and you must acquit the defendant. But, if that doubt does not exist in your minds as to the guilt of the accused, then you would be authorized to convict the defendant.
v. 1.0: 10/11/17 79 If the State fails to prove the defendant’s guilt beyond a reasonable doubt, it would be your duty to acquit the defendant.
Grave Suspicion Facts and circumstances that merely place upon the defendant a grave suspicion of the crime charged or that merely raise a speculation or conjecture of the defendant’s guilt are not sufficient to authorize a conviction of the defendant.
Jury; Judges of Law and Facts Members of the jury, it is my duty and responsibility to determine the law that applies to this case and to instruct you on that law. You are bound by these instructions. It is your responsibility to determine the facts of the case from all of the evidence presented. Then you must apply the law I give you in the charge to the facts as you find them to be.
Evidence; Generally Your oath requires that you will decide this case based on the evidence. Evidence is the means by which any fact that is put in issue is established or disproved. Evidence includes all of the testimony of the witnesses and any exhibits admitted during the trial, as well as stipulations of the attorneys. Evidence does not include the indictment, the plea of not guilty, opening or closing remarks of the attorneys, or questions asked by the attorneys.
Stipulations The parties have entered into certain stipulations that have been approved by the court. Where parties stipulate facts, this is in the nature of evidence. You may take that fact or those facts as a given without the necessity of further proof. However, you are not required to do so, and even such matters may be contradicted by other evidence. You make all decisions based on the evidence in this case.
Direct and Circumstantial Evidence Evidence may be either direct or circumstantial or both. In considering the evidence, you may use reasoning and common sense to make deductions and reach conclusions. You should not be concerned about whether the evidence is direct or circumstantial. “Direct evidence” is the testimony of a person who asserts that he or she has actual knowledge of a fact. “Circumstantial evidence” is proof of a set of facts and circumstances that tend to prove or disprove another fact by inference (that is, by consistency with such fact or elimination of other facts). There is no legal difference in the weight you may give to either direct or circumstantial evidence. You would be authorized to convict only if the evidence, whether direct, circumstantial, or both, excludes all reasonable theories of innocence and proves the guilt of the accused beyond a reasonable doubt. The law does not require a higher or greater degree of certainty on the part of the jury to return a verdict based upon circumstantial evidence than upon direct evidence.
Credibility of Witness The jury must determine the credibility of the witnesses. In deciding this, you may consider all of the facts and circumstances of the case, including the witnesses’ manner of testifying, their means and opportunity of knowing the facts about which they testify, the nature of the facts about which they
v. 1.0: 10/11/17 80 testify, the probability or improbability of their testimony, their interest or lack of interest in the outcome of the case, and their personal credibility as you observe it.
Witness, Impeached by To impeach a witness is to prove the witness is unworthy of belief. A witness may be impeached by: a. Disproving the facts to which the witness testified; b. Proof of general bad character; c. Proof that the witness has been convicted of a crime involving dishonesty or false statement; or d. Proof of contradictory statements, previously made by the witness, as to matters relevant to the witness's testimony and to the case. If it is sought to impeach a witness by "b," "c," or "d," above, proof of the general good character of the witness may be shown. The effect of the evidence is to be determined by the jury. If any attempt has been made in this case to impeach any witness by proof of contradictory statements previously made, you must determine from the evidence: a. First, whether any such statements were made; b. Second, whether they were contradictory to any statements the witness made on the witness stand; and c. Third, whether it was material to the witness's testimony and to the case. If you find that a witness has been successfully impeached by proof of previous, contradictory statements, you may disregard that testimony, unless it is corroborated by other creditable testimony, and the credit to be given to the balance of the testimony of the witness would be for you to determine. It is for you to determine whether or not a witness has been impeached and to determine the credibility of such witness and the weight the witness's testimony shall receive in the consideration of the case.
Witness, Supported In determining the credibility of any witness whose credibility has been attacked as I have described above and any testimony by him or her in court, you may consider, where applicable, evidence offered to support the credibility or believability of any such witness testified.
Prior Statements You may determine whether there was evidence that a witness testified falsely about an important fact during the course of the trial as opposed to some other time before this trial. In doing so, you may make a determination whether the misstatement was because of an innocent lapse in memory or an intentional attempt to deceive. You should consider all the facts and circumstances of any prior statements.
Single Witness; Corroboration The testimony of a single witness, if believed, is sufficient to establish a fact. Generally, there is no legal requirement of corroboration of a witness, provided you find the evidence to be sufficient.
v. 1.0: 10/11/17 81 Identification; Reliability Identity is a question of fact for you to determine. Your determination of identity is dependent upon the credibility of the witness or witnesses offered for this purpose. You should consider all of the factors previously charged you regarding credibility of witnesses. Some, but not all, of the factors you may consider in assessing reliability of identification are: 1) the opportunity of the witness to view the alleged perpetrator at the time of the alleged incident, 2) the witness’s degree of attention toward the alleged perpetrator at the time of the alleged incident, 3) the possibility of mistaken identity, 4) whether the witness’s identification may have been influenced by factors other than the view that the witness claimed to have, 5) whether the witness on any prior occasion did not identify the defendant in this case as the alleged perpetrator, and 6) the length of the time between the crime and the out-of-court identification.
Identification; Burden of Proof It is for you to say whether, under the evidence in this case, the testimony of the witnesses and the facts and circumstances of the case sufficiently identify this defendant beyond a reasonable doubt as the perpetrator of the alleged crime. It is not necessary that the defendant show that another person committed the alleged offense. If you do not believe that the defendant has been sufficiently identified as the person who committed the alleged crime, or if you have any reasonable doubt about such, then it would be your duty to acquit the defendant. The burden of proof rests upon the State to prove, beyond a reasonable doubt, the identity of this defendant as the person who committed the crime alleged in this bill of indictment.
Definition of Crime This defendant is charged with a crime against the laws of this state. A crime is a violation of a statute of this state in which there is a joint operation of an act (or omission to act) and intention. Intent Intent is an essential element of any crime and must be proved by the State beyond a reasonable doubt. Intent may be shown in many ways, provided you, the jury, believe that it existed from the proven facts before you. It may be inferred from the proven circumstances or by acts and conduct, or it may be, in your discretion, inferred when it is the natural and necessary consequence of the act. Whether or not you draw such an inference is a matter solely within your discretion.
No Presumption of Criminal Intent This defendant will not be presumed to have acted with criminal intent, but you may find such intention (or the absence of it) upon a consideration of words, conduct, demeanor, motive, and other circumstances connected with the act for which the accused is being prosecuted.
Parties to Crime Every party to a crime may be charged with and convicted of commission of the crime. A person is a party to a crime only if that person a) directly commits the crime;
v. 1.0: 10/11/17 82 b) intentionally helps in the commission of the crime; c) intentionally advises, encourages, hires, counsels, or procures another to commit the crime; or d) intentionally causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity.
Principal, Failure to Prosecute; Other Involved Persons Any party to a crime who did not directly commit the crime may be prosecuted for commission of the crime upon proof that the crime was committed and that the person was a party to it, even though the person alleged to have directly committed the crime has not been prosecuted or convicted, has been convicted of a different crime or degree of crime, is not amenable to justice, or has been acquitted.
Offenses Charged This defendant is charged with the offenses of murder, felony murder and conspiracy to commit murder. These offenses are defined as follows:
Malice Murder; Defined A person commits murder when that person unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take away the life of another human being, which is shown by external circumstances capable of proof. Malice may, but need not, be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart. It is for the jury to decide whether or not the facts and circumstances of this case show malice. To constitute murder, the homicide must have been committed with malice. Legal malice is not necessarily ill will or hatred, but it is the unlawful intention to kill without justification, excuse, or mitigation. If a killing is done with malice, no matter how short a time the malicious intent may have existed, such killing constitutes murder. Georgia law does not require premeditation, and no particular length of time is required for malice to be generated in the mind of a person. It may be formed in a moment, and instantly a mortal wound may be inflicted. Yet, if malice is in the mind of the accused at the time of the doing of the act or killing, and moves the accused to do it, such is sufficient to constitute the homicide as murder.
Premeditation; Defined Premeditation, as the term is usually used, means a prior determination or plan to commit an act. Premeditation is not an element of the offense of murder, and therefore need not be proven by the state to establish malice aforethought. However, any evidence of premeditation, or lack of it, may be considered by you insofar as it related to the existence, or nonexistence, of malice at the time of the alleged killing.
Felony Murder; Defined A person also commits the crime of murder when, in the commission of a felony, that person causes the death of another human being irrespective of malice. Under our law, aggravated assault is a felony, and is defined as follows: An assault is an attempt to commit a violent injury to the person of another. A person commits the offense of aggravated assault when that person assaults another person with a deadly weapon, or with
v. 1.0: 10/11/17 83 any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.
Murder; Felony, during Commission of In order for a homicide to have been done in the commission of this particular felony, there must be some connection between the felony and the homicide. The homicide must have been done in carrying out the unlawful act and not collateral to it. It is not enough that the homicide occurred soon or presently after the felony was attempted or committed. There must be such a legal relationship between the homicide and the felony so as to cause you to find that the homicide occurred before the felony was at an end or before any attempt to avoid conviction or arrest for the felony. The felony must have a legal relationship to the homicide, be at least concurrent with it in part, and be a part of it in an actual and material sense. A homicide is committed in the carrying out of a felony when it is committed by the accused while engaged in the performance of any act required for the full execution of the felony.
Motive Proof of particular motive is not essential to constitute the crime of murder. Evidence of motive, if any, is admitted for your determination as to whether or not it establishes the state of the defendant's mind at the time of the alleged homicide.
Aggravated Cruelty to Animals A person commits the crime of aggravated cruelty to animals when that person maliciously causes the death of an animal.
Conspiracy to Commit a Crime A person commits conspiracy to commit a crime when that person, together with one or more other persons, conspires to commit any crime and any one or more of such persons does any overt act to bring about the object of the conspiracy. In this case, the State alleges that the Defendant conspired with Randy Jaqual to murder R.L. Parker and Rags, a canine. A conspiracy is an agreement between two or more persons to do an unlawful act, and the existence of a conspiracy may be established by proof of acts and conduct, as well as by proof of an express agreement. When persons associate themselves in an unlawful enterprise, any act done by any party to the conspiracy to further the unlawful enterprise is considered to be the act of all the conspirators. However, each person is responsible for the acts of others only insofar as such acts are naturally or necessarily done to further the conspiracy. Whether or not a conspiracy existed in this case is a matter for you to determine.
Conduct and Presence of Parties Presence, companionship, and conduct before and after the commission of the alleged offense may be considered by you in determining whether or not such circumstances, if any, give rise to an inference of the existence of a conspiracy.
v. 1.0: 10/11/17 84 Admission of Coconspirator If the existence of a conspiracy has been shown beyond a reasonable doubt by evidence other than by the declarations of any of the alleged coconspirators, then any admissions or statements made by one or more of the conspirators during and in furtherance of the alleged conspiracy may be considered by the jury against all of the conspirators. Should you determine that there was no conspiracy or if you are not satisfied beyond a reasonable doubt that a conspiracy existed at the time a particular declaration was made, that the defendant on trial was not a party to a conspiracy, that the existence of a conspiracy has been shown only by the declarations of coconspirators, that the alleged admissions by coconspirators were not made during and in furtherance of the alleged conspiracy, or that no admissions were made to a third party by an alleged coconspirator, then you are to disregard any testimony as to any alleged admissions made out of the presence of the defendant by an alleged coconspirator.
Verdict; Generally This is how you should deliberate each count of the indictment: if, after considering the testimony and evidence presented to you, together with the charge of the court, you should find and believe beyond a reasonable doubt that the defendant in Milton County, Georgia, did on or about the date alleged commit the offense of as alleged in the indictment, you would be authorized to find the defendant guilty. In that event, the form of your verdict would be, “We, the jury, find the defendant guilty.” If you do not believe that the defendant is guilty (of either of these offenses), or if you have any reasonable doubt as to the defendant’s guilt, then it would be your duty to acquit the defendant, in which event the form of your verdict would be, “We, the jury, find the defendant not guilty.”
Court Has No Interest in Case By no ruling or comment that the court has made during the progress of the trial has the court intended to express any opinion upon the facts of this case, upon the credibility of the witnesses, upon the evidence, or upon the guilt or innocence of the defendant.
Sympathy Your verdict should be a true verdict based upon your opinion of the evidence according to the laws given you in this charge. You are not to show favor or sympathy to one party or the other. It is your duty to consider the facts objectively without favor, affection, or sympathy to either party.
Sentencing; Responsibility for You are only concerned with the guilt or innocence of the defendant. You are not to concern yourselves with punishment.
Deliberations One of your first duties in the jury room will be to select one of your number to act as foreperson, who will preside over your deliberations and who will sign the verdict to which all twelve of you freely and voluntarily agree. You should start your deliberations with an open mind. Consult with one another and consider each other’s views. Each of you must decide this case for yourself, but you should do so only after a discussion and consideration of the case with your fellow jurors. Do not hesitate to change an opinion if you are
v. 1.0: 10/11/17 85 convinced that it is wrong. However, you should never surrender an honest opinion in order to be congenial or to reach a verdict solely because of the opinions of the other jurors.
Unanimous Verdict Whatever your verdict is, it must be unanimous (that is, agreed to by all). The verdict must be in writing and signed by one of your members as foreperson, dated, and returned to be published in open court.
Retire to Jury Room You may now retire to the jury room, but do not begin your deliberations until you receive the indictment and any evidence that has been admitted in the case. Bailiff, escort the jury to the jury room.
v. 1.0: 10/11/17 86 2018 RULES OF THE GEORGIA HIGH SCHOOL MOCK TRIAL COMPETITION
These rules are in effect October 1, 2017 through September 30, 2018.
I. Rules of the Organization D. Dispute Settlement 1. Reporting a Rules Violation/ A. The Problem 2. Inside the Bar (Rule 34) 1. Rules (Rule 1) 3. Dispute Resolution Procedure (Rule 35) 2. Problem (Rule 2) 4. Effect of Violation on Score (Rule 36) 3. Witness Bound by Statements (Rule 3) 5. Reporting a Rules Violation/Outside the Bar 4. Unfair Extrapolation (Rule 4) (Rule 37) 5. Witnesses (Rule 5) 6. Voir Dire (Rule 6) II. Rules of Procedure B. The Trial A. Before the Trial 1. Mock Trial Team (Rule 7) 1. Team Roster (Rule 38) 2. Instruction and Use (Rule 8) 2. Stipulations (Rule 37) 3. Activities Permitted During the School Day 3. The Record (Rule 40) (Rule 9) 4. Resolution of Section B Rules Violations (Rule B. Beginning the Trial 10) 1. Jury Trial (Rule 41) 5. Team Presentation (Rule 11) 2. Standing During Trial (Rule 42) 6. Team Duties (Rule 12) 3. Student Work Product (Rule 43) 7. Swearing of Witnesses (Rule 13) C. Presenting Evidence 8. Trial Sequence and Time Limits (Rule 14) 1. Argumentative/Ambiguous Questions and 9. Timekeeping (Rule 15) Non-Responsive Answers (Rule 44) 10. Time Extensions (Rule 16) 2. Assuming Facts Not in Evidence (Rule 45) 11. Prohibited and Permitted Motions (Rule 17) 3. Lack of Proper Predicate/Foundation (Rule 12. Sequestration (Rule 18) 46) 13. Bench Conferences (Rule 19) 4. Procedure of Introduction of Exhibits (Rule 14. Supplemental Material/Illustrative Aids (Rule 20) 47) 15. Trial Communication (Rule 21) 5. Use of Notes (Rule 48) 16. Viewing a Trial (Rule 22) 6. Redirect/Recross (Rule 49) 17. Videotaping/Photography (Rule 23) D. Opening Statement/Closing Argument C. Judging 1. Special Mock Trial Objections (Rule 50) 1. Decisions (Rule 24) E. Critique 2. Composition of Panel (Rule 25) 1. The Critique (Rule 51) 3. Scoresheets/Ballots (Rule 26) 4. Completion of Scoresheets/Judging III. The Georgia High School Mock Trial Guidelines (Rule 27) Competition Rules of Evidence 5. Team Advancement (Rule 28) 6. Power Matching/Seeding for Regional Competitions (Rule 29) 7. Power Matching/Seeding for District Competitions (Rule 30) 8. Power Matching/Seeding for State Finals Competition (Rule 31) 9. Effect of Bye/Default (Rule 33)
v. 1.0: 10/11/17 87 I. RULES OF THE ORGANIZATION Mock Trial office will make regional assignments on a first come, first served basis. This preference is one of A. THE PROBLEM several factors that the Mock Trial Office will use to determine regional placement. Other factors include but Rule 1. Rules are not limited to previous regional placement, school location, space availability at the regional competition (a) The Georgia Mock Trial Competition, and all of the site, and/or the number of other schools in that school Special Projects sponsored by the Georgia High School system participating in the program. Space is limited in Mock Trial Committee, including, but not limited to, the most regions. Law Academy and the Court Artist Competition, are (h) The state coordinator reserves the right to move teams governed by the Rules of the Organization, the Rules of from assigned regions to other neighboring regions in Procedure, and the Georgia High School Mock Trial Rules order to maintain an equitable balance in the size of of Evidence. Specifically, the Code of Ethical Conduct neighboring regions, or for any other administrative identified in Rule 7(k), and the disciplinary processes purpose deemed by the state coordinator to be in the outlined in Rule 10 are applicable to the Competition and best interests of the program; provided, however, that to the Special Projects noted above. Additionally, all team reassignments necessitated by a region dropping policies of the Georgia Mock Trial Competition contained below five teams will be handled solely as provided by in the Policy Manual and Coaches Manual are binding on Rule 1(e). Any team whose assignment has been shifted participating teams. Any clarification of rules or case from one region to another during the season, with the materials will be issued in writing to all participating exception of those affected by the dissolution of a teams and/or students. regional competition under Rule 1(f), has a right to (b) These Rules govern rounds in regions, districts and at the appeal such a decision before the Rules Subcommittee State Finals. When a team registers to compete in this Chair within 24 hours of receiving notification of the program, that team agrees to comply with the rules, the reassignment, but the subsequent ruling of the policies and the Code of Ethical Conduct of the Georgia Subcommittee Chair is final. Other teams in a region High School Mock Trial Competition. The Rules affected by such shifts in the assignment of a team into Subcommittee has the authority to remove a team or or out of said region do not have a right to appeal individual team members or coaches from the Georgia administrative decisions made by the Subcommittee High School Mock Trial Competition for non-compliance Chair. with these rules, with competition policy and/or the (i) A mock trial “district” must consist of six teams. Code of Ethical Conduct. (j) Teams qualify for the district competition in the (c) Any modification to the rules of a competition made on- following manner: site must be reduced to writing and signed by the trial 1. In districts comprised of two Regions, teams who coordinator and the teacher or attorney coaches of the finish in the top three spots after the affected teams. final/championship round will advance to the (d) Individual scoring judges have within their discretion the district competition. ability to discount points for violations of these rules. 2. In districts comprised of three Regions, the Region (e) The Mock Trial season shall extend from October 1 Champion and Region Finalist will advance to the through the Final Round of the State Finals tournament. district competition. (f) A mock trial “region” must consist of at least five teams. (k) Teams must participate in at least one (in the case of a In the event that a region drops to four teams, volunteer qualifying Regional Champion team) or two (in the case teams will be solicited to move into the affected region of a non-Regional Champion team) preliminary rounds to bring the number of teams up to at least five. A team and one final/championship round at the district level of invited under these circumstances to volunteer to move competition and win the title of “District Champion” in into the affected region will be under no obligation to order to proceed to the State Finals level of competition. accept the invitation and will suffer no penalty for (l) If, for any reason, a round or rounds of a regional or declining, but will be eligible to have their team district competition is postponed or cancelled, with the registration fee waived for the next season in exception of the cancellation of competition rounds in a acknowledgment of their assistance. If a volunteer team region that has been dissolved for the season under Rule is not identified to salvage the affected region within 5 1(f), it is the responsibility of the regional or district days of beginning the search, that region will be coordinator to announce the date of the rescheduled dissolved for that season and the remaining teams will round or rounds within seven days of the original be reassigned to other regions, on a space available regional or district competition date and to fully staff any basis. If the mock trial office is unable to reassign a team rescheduled rounds in compliance with these rules. No affected by the dissolution of a region for any reason, regional competition rounds may be held within the 14 that team may be eligible for a 70% refund of their team days before the first round of the district tournament. registration fee. Team reassignment under these No district competition rounds may be held within 7 days circumstances may not be contested by any party. If the before the first round of the state tournament. number of teams drops below five within 7 days of the (m) If, for any reason, a team qualifying for the district first scheduled competition date, the regional competition withdraws from the GHSMT Competition competition will proceed under “emergency before the district competition, that team will forfeit its circumstances” and the scoring will be conducted as place at the district competition. The team(s) beneath outlined in Rule 29(b)(7). the forfeiting team will shift upward and the 3rd (now (g) Teams will be allowed to indicate a preference for vacant) spot will then be offered to the 4th place team regional placement on the team registration form. The from that region. If that team declines the offer, the spot v. 1.0: 10/11/17 88 will then be offered to the 4th place team from the other information is beyond the scope of the statement of region, and then to the 5th place team of the original facts.” region, and so on, alternating between the regions, until (d) Possible rulings by a judge include: a team accepts the spot and that team will advance to 1. No extrapolation has occurred; the district competition. If a team, after winning the title 2. An unfair extrapolation has occurred; or of “Region Champion”, withdraws from the GHSMT 3. The extrapolation was fair. Competition before the district competition, the title will (e) The decision of the presiding judge regarding then be conferred on the regional finalist team. extrapolations or evidentiary matters is final. (n) If, for any reason, a district champion team withdraws (f) When an attorney objects to an extrapolation, the judge from the GHSMT Competition after winning the title of will rule in open court to clarify the course of further “District Champion”, that team will forfeit the title and proceedings. its place at the State Finals tournament. The title will (g) Points should be deducted from individual scores of then be conferred on the district finalist team and the participants who make unfair extrapolations or ask district finalist team, as the new District Champion, will questions that call for unfair extrapolations. Witnesses advance to State. and attorneys making unfair extrapolations and attorneys who ask questions that require the witness to Rule 2. The Problem answer with an unfair extrapolation should be penalized The problem will be an original fact pattern which may by having a point or points deducted from their contain any or all of the following: statement of facts, indictment, individual scores. stipulations, witness statements/affidavits, jury charges, exhibits, (h) The number of points deducted should be determined by etc. Stipulations may not be disputed at trial. Witness statements the severity of the extrapolation. If a team has several may not be altered. Only three witnesses per side will be called. team members making unfair extrapolations, the offending team’s overall points should also be reduced Rule 3. Witness Bound by Statements accordingly. (a) Each witness is bound by the facts contained in his/her (See Rule 27 for the treatment of rule infractions.) own witness statement and/or any exhibits relevant to his/her testimony. Fair extrapolations may be allowed, Rule 5. Witnesses provided reasonable inference may be made from the Any student may play any witness role, regardless of the witness’ statement. If, in direct examination, an attorney student’s race, religion, ethnicity, sex, physical attributes, or asks a question which calls for extrapolated information disability. Where a witness is specifically described as being of a pivotal to the facts at issue, the information is subject to particular sex, religion, or race or as having a particular physical objection under Rule 4, outside the scope of the attribute, injury, or disability, any student of any sex, religion, problem. race, physical attribute, or disability may play that role. At no (b) If, in cross-examination, an attorney asks for unknown time will an examining attorney or witness make an issue of the information, the witness may or may not respond, so student’s actual race, religion, ethnicity, sex, physical attributes, long as any response is consistent with the witness’ or disability at trial, but both will be confined to the case’s statement or affidavit and does not materially affect the description of the witness role being portrayed. The gender of witness’ testimony. students will be clearly indicated on the Trial Squad Roster form. (c) Students shall be prohibited from responding with new material facts which are not in their witness statements Rule 6. Voir Dire or consistent with the Statement of Facts. Voir dire examination of a witness is not permitted. (d) A witness is not bound by facts contained in other witness statements. (e) The Case Summary (or Statement of Facts), if provided, is B. THE TRIAL meant to serve as background information only. It may not be used for substantive evidence, cross-examination, Rule 7. Mock Trial Team or impeachment. (a) Team Composition and Eligibility—A team shall be composed of young people who are between the ages of Rule 4. Unfair Extrapolation 14 and 19 and who are currently enrolled or receiving (Additional explanations regarding this rule may be found in the educational instruction at the high school level; at least Coaches Manual) one attorney coach; and at least one teacher coach in (a) Unfair extrapolations are best attacked through compliance with subsections (b) through (d) below. impeachment and closing arguments and are to be dealt (b) Students – All student participants must be currently with in the course of the trial. A fair extrapolation is one enrolled or be receiving accredited or approved that is neutral. educational instruction at the school, or through the (b) Attorneys shall not ask questions calling for information school organization that registers the team, or otherwise outside the scope of the case materials or requesting an qualify for participation under subpart (3) of this rule. unfair extrapolation. If a witness is asked information not 1. No requests will be granted for students to contained in the witness’ statement, the answer must be participate on a mock trial team not affiliated with consistent with the statement and may not materially the school or school organization where they are affect the witness’ testimony or any substantive issue of officially enrolled or receiving educational the case. instruction as a student. (c) Attorneys for the opposing team may refer to Rule 4 in a 2. For the purpose of this Rule, the term “school” special objection, such as “unfair extrapolation” or “This includes traditional schools, charter schools, on- line or virtual schools, and other state- or school v. 1.0: 10/11/17 89 system-sanctioned academies, and “school schools as part of an authorized dual enrollment organization” includes entities that provide program (e.g., a traditional high school and a accredited or approved educational instruction for sanctioned special academy), may participate on students at the high school level such as home the mock trial team registered by and affiliated school associations, cooperatives, collectives, and with either school, but not both. However, such the like. students, once they elect a team on which to 3. Home school students neither enrolled with, nor compete, must honor that election throughout receiving educational instruction from a school or high school so long as they are dually enrolled and school organization during the competition year both schools have registered mock trial teams. may compete as a member of an established mock 5. No non-school organization (i.e. a Boy/Girl Scout trial team at a school if the following conditions troop, Boys/Girls Club, etc.) wishing to participate are met: in this program may allow students who are i. Prior to and during the mock trial competition currently enrolled or receiving educational year, the student meets the admission instruction at a school or school organization as requirements of the school with the team on defined herein that has a team active in the which the student wishes to compete (the competition to participate on that non-school “sponsoring school” or “sponsoring team”) -- organization’s team. i.e., the student would be otherwise eligible to (c) Attorney Coaches—A team is to be sponsored by an become enrolled or receive educational attorney in good standing with the State Bar of Georgia. instruction and to participate in interscholastic The primary attorney coach may register additional activities at the school; attorneys as assisting coaches all of whom must be in ii. The student resides in the county in which the good standing with the State Bar of Georgia. No person sponsoring school is located unless the state may serve as an attorney coach who is currently under coordinator determines that this geographic sanction by the Supreme Court of Georgia for disciplinary limitation creates an undue hardship and on reasons. Law clerks, paralegals, law students and that basis grants an exception; attorneys admitted in another state, who are in good iii. The student submits the special application standing with their State Bar Association may assist the form to the Mock Trial office by the date coaching staff but must operate under the professional established for such applications, which form supervision of a fully licensed attorney coach. As the shall include at a minimum, a certification that sponsor of the team, the attorney coach will act as the student has not been recruited or received liaison between the team and the local and state bar any special treatment or accommodation that associations. The coaching staff will act as legal advisers would cause the team to be in violation of the in preparing the team for competition. No attorney letter or the spirit of the Mock Trial Rules; coach may coach more than one team. iv. The sponsoring team submits the special (d) Teacher Coaches—The teacher coach will act as the application form to the mock trial office by the primary liaison between the team and the mock trial date established for such applications, which office and will submit the registration form and fee. The form shall include at a minimum: the signature teacher coach will also act as the educational adviser to of the school principal, headmaster/mistress, the team, serving as guide to both the team members or the like and the teacher coach; a statement and their attorney coaches, so that all decisions related of their consent to the student’s participation to the program are made in the best interests of the as a team member; and a certification that the education of the team members. The final authority over student fully meets the sponsoring school’s the direction of a mock trial team rests with the teacher admission requirements and its governing coach. No teacher coach may coach more than one interscholastic eligibility rules, that the team. The teacher coach may designate the primary student’s participation will not discourage attorney coach to be the liaison with the mock trial office team participation by students actually and to be responsible for submitting the team enrolled at the school, and that the student registration and fee. has not been recruited or received any special (e) Number of Teams per School—Only one team per school, treatment or accommodation that would cause facility or organization may compete in the regional, the team to be in violation of the letter or the district, State Finals or national competitions. Although spirit of the Mock Trial Rules; there is no limit on the number of members a team may v. The sponsoring team provides to the state have, a maximum of fourteen members per team may coordinator all information and documentation compete during any level (regional, district, or State requested for the purpose of making a decision Finals) of the state competition. A team may use on the application; and different students between each level of the state vi. The state coordinator determines that the competition. Substitutions during a competition day are student’s requested participation meets the regulated by Rule 7(g). above criteria, is not the result of unfair (f) Official/Competing and Non-Competing/Additional Team “recruiting” and will not result in an unfair Members—These fourteen team members are advantage to the other mock trials teams in designated as “official/competing” team members; all the state such that the student’s participation other student participants are designated “non- should not be allowed. competing/additional” team members. All 4. Students who are not home school students, but official/competing and non-competing/additional team who are simultaneously enrolled at two different members must sign the Code of Ethical Conduct form v. 1.0: 10/11/17 90 (see Rule 7(m)). The Code of Ethical Conduct form must (j) Submitting to Time Kept by Opposing Team—If the team be submitted to the on-site trial coordinator before the does not have enough students to provide dedicated first competition round at any level of the competition in timekeepers per Rule 7(g), the 7th official/competing order to be eligible to compete. team member of the squad (the alternate) will then act (g) Squad Composition—Each team will field two squads: as timekeeper for that round. This student will be listed prosecution/plaintiff (“P”) and defense (“D”). Teams will as both an alternate and timekeeper on that squad’s designate each squad’s official/competing team Trial Squad Roster form for that round. members by their signing the Code of Ethical Conduct 1. If the team is unable to provide any timekeepers form as a member of one of the two trial squads. Each (in one or both courtrooms), it must submit to the trial squad will have a maximum of seven competing times called by the opposing squads’ timekeepers. team members each (3 serving in attorney roles, 3 2. If neither team in a round is able to provide a serving in witness roles and 1 alternate—see Rule 12). timekeeper, one coach from each team will be Each team must supply one timekeeper per squad in designated as the official timekeeper from that each Round of competition. These timekeepers may be team for that round. drawn from a pool of up to four non-competing (k) Team Names—The team name may reflect the city, students; this pool will sign the Code of Ethical Conduct county, community, neighborhood, or geographic area as “Timekeepers”. Timekeepers for a team may keep where most of its members reside. The team name may time for either squad throughout the competition day be chosen to honor an individual. All team names should and are not limited to one squad. (Refer to Rule 7(j) if a be chosen so that the phrase, “[insert name] Mock Trial team is unable to fill the timekeeping spots.) Team,” symbolizes both the team and the dignity of the 1. At each competition round, roles and legal profession. Team names are subject to the approval responsibilities of official/competing team of the state mock trial office. Team names will be members within each trial squad must be registered in the order of the receipt of a completed identified and listed on the Trial Squad Roster registration form and fee by the state office. A team Form (see Rule 36). name may not include the following terms: “school,” i. From one round to the next, roles and “high,” “academy,” “institute,” “campus,” or “center.” responsibilities of the official/competing team (l) Required Eligibility Forms—In order to verify eligibility of members may be interchanged within each coaches and students, coaches must submit required designated trial squad, but not between trial forms by the published deadlines. All coaches (teachers squads. and attorneys) must be reported to the state mock trial ii. However, no substitutions by a non- office on the registration form or the Supplemental competing/additional team member for an Attorney Coach form. Names of team members with official/competing team member may be made birthdates must be reported to the state office on the during the entirety of a competition level, Team Member List. These forms are posted on the unless there is an emergency that arises during website and are due in the state mock trial office no later competition. Non-compliance with this portion than the date published on the forms. The state mock of Rule 7, at any level or round of the state trial office may disqualify a team from competition for competition, may result in penalties being failure to meet these deadlines. Changes in team applied by the trial coordinator under Rule composition following the published deadline must be 33(b) and (c). cleared with the state mock trial office no later than 5 (h) Substitution During a Round—If an emergency arises business days before the team’s scheduled competition during the competition and a team must substitute a date. Team member changes will not be permitted at the non-competing/additional team member for an competition site. official/competing team member (i.e. no alternates are (m) Ethics—The Code of Ethical Conduct governs all available), permission must be obtained from the on-site participants, observers, guests, and parents at Georgia trial coordinator and that permission, if given, will Mock Trial Competition events, including, but not limited extend only to the end of the last round during that to, the Competition itself, the Law Academy and the competition level. In the case of an emergency affecting Court Artist Competition. A copy of the code must be team composition before the day of the competition, signed by all students and participating coaches prior to contact the state mock trial office. any of the events outlined above and must be delivered (i) Unable to Field a Full Competition Team—A team, unable at registration to the coordinator of the event. to field a full team of 14 members, may compete with as Participants are responsible for making guests and few as nine members. If the team has 12 or 13 members, parents aware of the code and all rules regarding the team would compete without alternates or conduct during the event. dedicated timekeepers and would move forward in (n) Decorum—Counsel should treat opposing counsel with accordance with Rule 7(j). In the case of the team only courtesy and tact. Attorneys should conduct themselves having 9 to 11 members, six team members should be as professionals in these proceedings. Therefore, assigned attorney duties, three for each side. The opposing counsel, witnesses, and the presiding judge remaining three to five team members will serve as must be treated with the appropriate courtesy and witnesses, with one, two or all three playing the roles of respect. All participants, including coaches, presiding two witnesses (depending on the overall number of judges and attorneys on the judging panel, are expected witness-members available) beginning in the courtroom to display proper courtroom decorum. A trial with the Plaintiff/Prosecution, then transferring to the coordinator has the authority to refuse entry to or Defendant/Defense’s courtroom to play those roles. remove a coach and/or other spectator from a courtroom before or during a trial round (or rounds) if v. 1.0: 10/11/17 91 the trial coordinator feels that the actions of the coach during regular school hours for the purpose of working and/or spectator in the courtroom is causing or may with the current competition case. Any meeting of a cause an undue distraction to the teams competing in mock trial team organized by a coach for the purpose of that courtroom. The Plaintiff/Prosecution team shall be working on the current competition case during regular seated closest to the jury box. No team shall rearrange school hours, including associated travel for such a the courtroom without prior permission of the judge. meeting, is interpreted as a violation of this rule. (See Rule 27 for the treatment of rule infractions.) (d) Nothing about this Rule should be construed to Appropriate courtroom attire is expected. Small children discourage teams from observing real life court and food should not be brought into the courtroom. proceedings. Individuals and teams are clearly permitted to observe such proceedings outside of school hours, Rule 8. Instruction and Use including during school holidays. Individual team (a) The Problem shall not be used as a basis for any course members may observe court proceedings during school of study, at any instructional level, during the hours with the permission of their parents and their competition year for which the Problem is created until school provided that they: such time as the Final Round of the State Competition 1. observe the proceedings as part of a school- has been completed and scored. sponsored field trip and students who are non- (b) This Rule shall apply to elementary, middle school, high team members are present; or school, college, graduate and post-graduate programs, 2. observe the proceedings independently and no private and public, whether or not individuals who would other team members (including teacher coaches) direct or otherwise be involved in the study or analysis of are present; or the Problem support a mock trial team, 3. observe the proceedings independently as part of Plaintiff/Prosecution and Defense squads, or smaller a group of students that includes non-team groups of individual members of any mock trial team. members. (c) The prohibition on Working the Current Competition (e) If such court attendance cannot be made outside of Case includes, but is not limited to discussion and/or school hours or during school hours as part of any trip development of the Case Facts, Witness Statements or specifically permitted above, a team may apply to its Exhibits, Rules of Procedure, Rules of Evidence, and/or Regional Coordinator for an Exception allowing said litigation strategies. team or its members to watch court proceedings during (d) Any use of the Problem in the competition year for school hours on a single date. The application shall: which it was created as outlined above shall be 1. Be in writing; interpreted as a violation of the Young Lawyers Division, 2. Conform to the State Standards of the Georgia State Bar of Georgia copyright of said materials, whether Department of Education; or not used for a non-profit or educational purpose. 3. Explain why such team cannot attend real life Further, any such use of the Problem in the manner court proceedings outside of school hours; outlined above by any individual involved in any way 4. Specify the court proceeding to be attended; with the coaching or support of a mock trial team, 5. Specify the day court shall be attended; and Plaintiff/Prosecution and Defense squads, or smaller 6. Specify the hours, not to exceed 3 hours per groups of individual members of a mock trial team shall Exception, to be spent in court. be deemed a violation of the Procedural and Ethical (f) Regional Coordinators may grant up to three (3) Rules of Competition, regardless of whether any Exceptions (totaling nine (9) hours attending court information shared in the course of study is shared with proceedings) per team during the regular season and up a competition team or members thereof. to two (2) Exceptions (totaling six (6) hours attending court proceedings) per team for teams advancing to the Rule 9. Activities Permitted During the School Day State Finals. Regional Coordinators shall reply to all (Additional explanations regarding this rule may be found in the applications in writing. UNDER NO CIRCUMSTANCES Coaches Manual) SHALL AN EXCEPTION BE GRANTED FOR A TEAM TO PRACTICE OR TO WORK ON THE CURRENT CASE AT ANY (a) Teams compete in the Georgia Mock Trial Competition LOCATION, INCLUDING AT A COURTHOUSE, DURING as an extracurricular activity and, therefore, must adhere SCHOOL HOURS. Exceptions are intended solely for the to the State Standards of the Georgia Department of purpose of allowing students the opportunity to watch Education requiring that individual and group practice be real life court proceedings. All applications and conducted outside the school day. (See the Coaches responses will be forwarded promptly to the State Mock Manual for further information on the State Standards Trial Coordinator. Any abuse of this procedure shall and examples of proper and improper activities under subject the team to the disciplinary procedures outlined this rule.) in Section IV of the Grievance Procedure. (b) Definition of “Working on the Current Competition Case” — Working on the current competition case is the Rule 10. Resolution of Section B Rules Violations organized studying, discussion or preparation of the case materials, including but not limited to discussion of the: (a) The State Bar of Georgia recognizes that the High School 1. case facts, witness statements or exhibits, Mock Trial Competition is a competition involving 2. rules of procedure, student and teacher volunteers who are not professional 3. rules of evidence; and attorneys. These extracurricular teams choose to 4. litigation strategies. participate in this competition and abide its Rules. No (c) No organized group practice or meeting of a mock trial action taken by the High School Mock Trial Committee in team, Plaintiff/Prosecution and Defense squads, or enforcement of these Rules shall be construed beyond smaller groups of individual members may be held the purview of this competition. In that spirit, students v. 1.0: 10/11/17 92 and teams are encouraged to resolve all disputes 9. The President of the Young Lawyers Division; without resorting to formal grievances. The following 10. The President-Elect of the Young Lawyers Division; procedure applies only to violations of Rules that and concern team eligibility and conduct and other "outside 11. The Secretary of the Young Lawyers Division. the bar" aspects of the competition on non-competition If any chair is unavailable, his or her vice-chair may days. All violations of rules, both inside and outside the serve. bar, that occur on competition days are governed by (f) All appeals must be registered in writing with the State section D of the Rules. Coordinator within 24 hours of the Panel’s decision. (b) A grievance alleging a violation of the Rules must be (g) After an appeal is registered, the Governing Board shall given to the Regional Coordinator of the affected region convene as soon as practicable. A quorum of the or the District Coordinator of the affected district or the Governing Board (7 of 11) is required for any decision. State Coordinator as soon as possible. If given to the The decision shall be rendered by majority vote, and all Regional or District Coordinator, the Regional or District parties shall be notified of the decision. All decisions of Coordinator shall promptly forward the grievance to the the Governing Board shall be final. State Coordinator. All grievances must be submitted in (h) Should a majority of the Governing Board’s voting writing, specifically detailing the alleged violation and members be unable to reach a decision on the appeal, any attempts to resolve the dispute informally prior to the decision of the Panel shall stand as a summarily the filing of a formal grievance. Should the complaint affirmed. originate with any person charged with deciding the (i) Should discipline be imposed, either by the panel or the disposition of such complaint, or consenting thereto, the Governing Board, the following range of actions shall be person originating the complaint shall recuse considered, weighing the severity of the infraction himself/herself from the disposition process. Any against the goal of allowing students to compete: member of the Panel, Grievance Committee, or 1. Warning: The lowest level of discipline, this will Governing Board described below may participate in the constitute a letter to the affected parties advising disposition process by teleconference. them of the Rules violation and of potential (c) Upon receipt of a complaint, the State Coordinator shall consequences of continued violations. consult with the Chair of the Subcommittee on the Rules, 2. Reprimand: A reprimand to be published in Mock the Special Consultant to the High School Mock Trial Trial Briefs, advising all participants in the Mock Committee, and the Chair of the High School Mock Trial Trial Program that a team or its member has Committee (the “Panel”) for an initial evaluation of the committed a Rules violation and of the potential complaint. This evaluation shall be convened and consequences of continued violations. conducted as soon as practicable. 3. Point Deduction: For infractions not rising to a 1. If the Panel determines that the incident level requiring disqualification of a team member complained of could be interpreted as a violation or entire team, point deductions ranging from 1 to of the Rules, the party or team alleged to have 10 points can be imposed against a team member committed the violation shall be notified of the or entire team in a single round, in an entire complaint and offered an opportunity to respond regional competition, in an entire competition in writing. Such response must be made within 12 year, or for succeeding years, depending upon the hours of notification. severity of the violation. 2. The grievance and response shall be forwarded to 4. Member Disqualification: For severe infractions by all members of the Panel. No other evidence or individual team members, those team members testimony shall be allowed except as ordered by shall be disqualified from competition for a given majority vote of the Panel. year or succeeding years, depending upon the 3. The Panel, with the advice and consent of the severity of the infraction. This punishment may State Coordinator, shall determine by majority also be used against team members with repeated vote whether a violation of the Rules has occurred. lesser violations, with whom reprimands and point If a violation is found, the Panel may impose deductions have not been effective. discipline as provided in Rule 10(h). 5. Team Disqualification: For severe infractions by an (d) The party aggrieved by the decision of the Panel may entire team, that team shall be disqualified from appeal to the Governing Board. competition for a given year or succeeding years, (e) The Governing Board shall consist of the following depending upon the severity of the infraction. This members: punishment may also be used against teams with 1. The Chair of the High School Mock Trial Committee repeated lesser violations, with which reprimands 2. The 1st Vice Chair of the High School Mock Trial and point deductions have not been effective. Committee 3. The 2nd Vice Chair of the High School Mock Trial Rule 11. Team Presentation Committee (a) Teams must be prepared to present both the 4. The Special Consultant to the High School Mock Prosecution/Plaintiff and Defense/Defendant sides of the Trial Committee; case simultaneously. Any team who arrives at a 5. The Immediate Past Chair of the High School Mock competition site, at any level of the competition, with Trial Committee only one side (P or D, but not both) available to compete, 6. The Chair of the Subcommittee on the Rules; will be immediately withdrawn from the competition 7. The Chair of the Subcommittee on the Problem; and not allowed to compete in any round. 8. The Regional/District Coordinator for the affected (b) In the case of an emergency occurring during a round of region/district, as the case may be; competition, a team may participate with less than nine v. 1.0: 10/11/17 93 members. In such a case, a team may continue in the witness, unless expressly authorized within the case competition by making substitutions to achieve a two- materials. Witnesses may not be recalled by either side. attorney/three witness composition. Any team Witnesses may be called in any order, regardless of the competing under this emergency arrangement is order in which they are listed on the Trial Squad Roster ineligible to advance to the championship round. Form or in which they have been called in earlier rounds (c) Final determination of emergency forfeiture will be of the competition. made by the trial coordinator, in consultation with available Committee leaders. Under extraordinary Rule 13. Swearing of Witnesses circumstances, the trial coordinator, in consultation with (a) The following oath may be used before questioning available Committee leaders, may declare an emergency begins: “Do you promise that the testimony you are prior to the competition round. about to give will faithfully and truthfully conform to the (d) A forfeiting team will receive a loss and points totaling facts and rules of the mock trial competition?” the average number of the ballots and the points (b) The swearing of witnesses will be conducted by the received by the losing teams in that round. The non- examining attorney prior to questioning or by the forfeiting team will receive a win and an average number presiding judge at the start of the trial. No religious texts of ballots and points received by the winning teams in or references to a deity may be used. that round. Rule 14. Trial Sequence and Time Limits Rule 12. Team Duties (a) The trial sequence and time limits are as follows: (a) Official competing team members must handle all 1. Opening Statement (5 minutes per side) aspects of the trial during a competition round, including 2. Direct and Redirect (optional) Examination (25 any rules disputes (see Rule 34) at the conclusion of the minutes per side) trial round. 3. Cross and Recross (optional) Examination (20 (b) The alternate from each squad may be substituted into minutes per side) one of the 6 speaking roles between rounds, but may not 4. Closing Argument (5 minutes per side) be used on the team’s other squad at any point during (b) Redirect and Recross examinations must conform to that level of competition. restrictions in Rule 611(d). The Prosecution/Plaintiff’s (c) Team members are to divide their duties evenly. Each of rebuttal is not limited to the scope of the Defense’s the three attorneys will conduct one direct and one closing argument. cross; in addition, one will present the opening (c) Attorneys are not required to use the entire time statements and another will present closing arguments. allotted to each part of the trial. Time remaining in one In other words, the eight attorney duties for each team part of the trial will not be transferred to another part of will be divided as follows: the trial. 1. Opening Statement (d) Even if a team has exhausted its time for direct and/or 2. Direct Examination of Witness #1 cross examination, Rule 12(e) requires that each witness 3. Direct Examination of Witness #2 be called and subjected to direct and cross examination. 4. Direct Examination of Witness #3 Accordingly, attorneys out of time will be allowed only 5. Cross Examination of Witness #1 one question in direct: “Will the witness please state 6. Cross Examination of Witness #2 your name for the record?” The opposing team will be 7. Cross Examination of Witness #3 permitted to conduct a cross examination of the witness. 8. Closing Argument (including Rebuttal) [See Rule No questions will be allowed on cross examination if a 14.] team has used all of its allotted time for cross Every attorney must conduct a direct and cross examination. examination. (See Rule 27(b) for the treatment of rule infractions.) (d) Opening Statements must be given by both sides at the beginning of the trial. Rule 15. Timekeeping (e) Closing Arguments must be presented by both sides at (Additional explanations regarding this rule may be found in the the conclusion of the defense’s case in chief. The Team and Coach Manuals.) Prosecution/Plaintiff gives their closing argument first (a) Per Rule 7(g), each team must attempt to supply two but may reserve all or a portion of its closing time for a timekeepers per round, one for each squad. rebuttal. Timekeepers are not official/competing team members (f) The attorney who will examine a particular witness on and, except for exceptions covered by Rule 7(h), cannot direct examination is the only person who may make the be used as substitutes between rounds. These objections to the opposing attorney’s questions of that designated timekeepers are the only non-competing witness’ cross examination. and The attorney who will team members who may act as timekeepers throughout cross examine a witness will be the only one attorney the duration of that level of competition. Timekeepers permitted to make objections during the direct may keep time for either squad and may switch between examination of that witness. squads between rounds. (g) The attorneys who make the opening statement or the (b) Time limits are mandatory and will be enforced. closing argument during a trial round are the only people (c) Time for objections, extensive questioning from the who may make an “objection” to an opponent’s opening judge, or administering the oath will not be counted as statement or closing argument, as outlined in Rule 50(a). part of the allotted time during examination of witnesses (h) Each team must call three witnesses. Witnesses must be and opening and closing statements. called only by their own team and examined by both (d) Time does not stop for introduction of evidence. sides. A team may not treat its own witness as a hostile v. 1.0: 10/11/17 94 (e) A master copy of the Time Sheet is provided on the Rule 19. Bench Conferences website. Time card templates are also provided on the Bench conferences may be granted at the discretion of the website. Time cards must be printed on yellow paper. presiding judge, but should be made from the counsel table in When the time allowed for a category has expired, the the educational interest of handling all matters in open court. timekeeper will raise the STOP card so that it may be visible to the judge and both counsels. If the STOP card is Rule 20. Supplemental Material/Illustrative Aids raised and the attorney continues without permission (Additional explanations regarding this rule may be found in the from the judge to do so, attorneys for the opposing team Coaches’ Manual) may use a special objection, such as “time has expired,” to bring the matter to the judge’s attention. (a) Teams may refer only to materials included in the trial (f) At the end of each task during the trial presentation (i.e. packet. No illustrative aids of any kind may be used, at the end of each opening, at the end each witness unless provided in the case materials. No enlargements examination, at the end of each cross examination and or alterations of the case materials by teams will be at the end of each closing argument) if there is more permitted. If any team member has a disability and than a 15 second discrepancy between the teams’ requires special assistance, services, or printed materials timekeepers, the timekeepers must notify the presiding in alternative formats, in order to participate in the judge of the discrepancy. The presiding judge will then Georgia Mock Trial Competition, the teacher or attorney rule on the discrepancy, the timekeepers will coach must contact the State Mock Trial Coordinator synchronize their stopwatches accordingly and the trial well in advance of the regional competition date to will continue. No time disputes will be entertained after receive modified case materials or make arrangements the trial concludes. for special assistance or services. (g) At the conclusion of the round, the presiding judge will (b) Absolutely no props, uniforms, or costumes are ask the timekeepers to present their forms. It is the sole permitted, unless specifically authorized in the trial discretion of the scoring judges as to how they will materials. Costuming is defined as hairstyles, clothing, interpret and weigh violations of time limits, and their accessories, and makeup, which are case specific. decisions will be final. (c) The only documents which the teams may present to the presiding judge or scoring panel are the individual Rule 16. Time Extensions and Scoring exhibits as they are introduced into evidence and the team roster forms. Teams shall not show any copies of The presiding judge has sole discretion to grant time any exhibit to the scoring panel other than the single extensions. If time has expired the attorney may not continue individual copy of any exhibit that has been admitted without permission from the Court. Judges are encouraged to into evidence. Exhibit notebooks are not to be provided allow the completion of an answer which is in progress at the to the presiding judge or scoring panel. moment time is called. If an attorney pleads for additional (See Rule 27 for the treatment of rule infractions.) examination after time is called, judges may permit a time extension but are strongly encouraged to limit any time extension Rule 21. Trial Communication to one question only. (a) Instructors, non-competing team members, alternates, Rule 17. Prohibited and Permitted Motions Court Artist contestants, and observers shall not talk to, signal, communicate with, or coach their teams during a (a) No pre-trial motions may be made. A motion for directed trial. No coach is allowed inside the bar at any time verdict, acquittal, or dismissal of the case at the end of during a trial. This rule remains in force during any recess the Plaintiff/Prosecution’s case may not be used. No time which may occur. motions may be made unless expressly provided for in (b) For purposes of this rule, the trial ends after all closing the problem. arguments in that round, including rebuttals, have (b) A motion for a recess may be used only in the event of concluded and the judge has asked the evaluators to an emergency (e.g., health emergency). To the greatest retire to calculate their scores. extent possible, team members are to remain in place. (c) Official/Competing team members may, among Should a recess be called, teams are not to communicate themselves, communicate during the trial; however, no with any observers, coaches, or instructors regarding the disruptive communication is allowed. Signaling of time trial. by the teams’ timekeepers shall not be considered a (c) In the event that a team member attorney believes, violation of this rule. during the course of a trial round in which that team (d) Non-competing/additional team members, contest member attorney is competing, that the presiding judge participants, teachers, and coaches must remain outside has materially departed from the rules of the mock trial the bar in the spectator section of the courtroom. Only competition, the team member attorney may move for official/competing team members participating in the compliance with the rules of the mock trial competition. round may sit inside the bar and communicate with each Such motions must be presented respectfully, must other. direct the presiding judge’s attention to the applicable (e) Except in the case of an emergency, no rule, and must be raised at the time of the presiding official/competing team member is allowed to leave a judge’s alleged departure from the rules. No claim that courtroom during a round without the permission of the the presiding judge has departed from the rules of the court. mock trial competition may be made after the judging (f) If a recess is taken during a trial for any reason, to the panel has returned to the courtroom for debriefing. greatest extent possible team members should remain Rule 18. Sequestration seated in their appropriate positions within the courtroom until the trial resumes. Teams may not invoke the rule of sequestration. v. 1.0: 10/11/17 95 (g) Official/Competing team members may not use cell (f) If the panel member is unable to return to the phones, Blackberries, PDAs, laptops or other electronic courtroom, the trial coordinator must be informed and communication devices during a trial. the panel composition adjusted to best meet the (h) All electronic communication devices (belonging to team requirements of the rules and the round should resume. members, coaches, contest participants and observers) should be turned off during the entirety of the trial. Rule 26. Scoresheets/Ballots (a) The term “ballot” will refer to the decision made by a Rule 22. Viewing a Trial scoring judge as to which team made the best (a) Team members, alternates, coaches, spectators and any presentation in the round. The term “scoresheet” is used other persons directly associated with a mock trial team in reference to the form on which speaker and team are not allowed to view other teams in competition, so points are recorded. Scoresheets are to be completed long as their team remains in the competition. individually by the scoring judges. Scoring judges are not (b) A team that has been eliminated from one level of the bound by the rulings of the presiding judge. The team competition may not share its scoresheets, that earns the highest points on an individual judge’s judge/evaluator comment sheets, or other observations scoresheet is the winner of that ballot. The team that of an opponent’s performance with another team that receives the majority of the three ballots wins the round. remains in the competition, until that team is eliminated The ballot votes determine the win/loss record of the from the competition entirely. team for power-matching and ranking purposes. While (c) A violation of Rule 22(b) will be considered as occurring the judging panel may deliberate on any special awards, “outside the bar” and will be handled in accordance with (i.e., Outstanding Attorney/Witness) the judging panel the procedure outlined in Rule 35. may not deliberate on individual scores. (b) When exceptional presentations are made, the judging Rule 23. Videotaping/Photography panel has the option of recognizing one Outstanding (a) Any team has the option to refuse participation in Attorney and/or one Outstanding Witness per videotaping, tape-recording, still photography, or media competition round. This award is determined by a coverage. majority vote of the judging panel and will be announced (b) Media coverage will be allowed by the two teams in the at the closing assembly following preliminary rounds. championship round at the State Finals. (c) Judging panel members may not discuss the individual (c) Media representatives authorized by the trial speaker or team points from their individual ballot with coordinator will wear identification badges. team members, team coaches or any other individual directly related to a team in the competition. In addition to the oral debriefing, judging panel members will be C. JUDGING provided with an optional judging panel worksheet (8.5”x14”) on which they may record any individual Rule 24. Decisions observations they wish to share with a team or team All decisions of the judging panel are FINAL. member; team members, team coaches and other individuals directly related to a team in competition may Rule 25. Composition of Panel not challenge a judging panel member with respect to (a) The judging panel will consist of at least three his/her scores. individuals. The composition of the judging panel and the (d) Any questions regarding the accuracy of mathematical role of the presiding judge will be at the discretion of the computations on a completed scoresheet, blanks on a trial coordinator, with the same format used throughout completed scoresheet and/or the accuracy of a team’s the competition, as follows: final record at any given level of the competition must be 1. One presiding judge and two attorney scoring brought to the attention of the trial coordinator on site evaluators (all three of whom complete score by the primary teacher or attorney coach within 30 sheets); or minutes of the announcement of the teams moving on 2. One presiding judge and three attorney scoring to the semi-final or final round or the announcement of evaluators (scoring evaluators only complete score the winner of that level of the competition. sheets). (b) The semi-final and/or championship round may have a Rule 27. Completion of Scoresheets larger panel at the discretion of the trial coordinator. (a) Scoresheets are to be completed in four five steps; three (c) All presiding judges and scoring evaluators receive the by the scoring evaluator and two by the scoring judge’s edition of the mock trial manual, which includes Coordinator: orientation materials and a bench brief and a briefing in 1. Speaker Points—The scoring evaluator will record a judges’ orientation. a number of speaker points (1-10) for each section (d) Judging panel members should turn off and/or not use of the trial. their cell phones, pagers, PDAs, etc. during a trial round. 2. Team Points—The scoring evaluator will give a (e) In the event of an emergency (ex. sudden illness, etc.), if number of points (1-10) to each team in the Team a judging panel member must leave the courtroom, the Points box. NO TIE IS ALLOWED IN THE TEAM presiding judge will call for a brief recess, assess whether POINT BOX. the judging panel member will be able to return in a 3. Tie Breaker—The scoring evaluator will circle the reasonably short period of time and then resume the squad that should receive the tiebreaker in the proceedings upon the panel member’s return to the event that the Final Point Total is tied. In the event courtroom. During the entirety of any type of recess, the ballot is tied, the scoring Coordinator will Rule 21(f) applies to the teams in the courtroom. award the designated squad an additional point to v. 1.0: 10/11/17 96 break the tie. At this point, the scoring evaluator Rule 28. Team Advancement will turn the ballot in to the Scoring coordinator for (a) Teams will be ranked based on the following criteria (the calculation. “Ranking Rule”) in the order listed: 4. Sub-Total—Once the ballot is completed by the 1. Win/Loss Record—Equals the number of scoring evaluator, the scoring Coordinator will courtrooms won or lost by a team. total the sum of each team’s individual speaker 2. Total Number of Ballots—Equals the number of points and place this sum in the Sub-Total box. scoring judges’ votes a team earned in preceding 5. Final Point Total—The scoring Coordinator will add rounds. the Sub-Total and Team Points boxes to achieve a 3. Total Number of Points Accumulated in Each final point total for each team. NO TIE IS ALLOWED Round IN THE FINAL POINT TOTAL BOX. In the event of a 4. Point Spread against Opponents—The point tie, an additional point will be awarded to the spread is the difference between the total points squad designated as the tiebreaker by the scoring earned by the team whose tie is being broken less evaluator. The team with the highest number of the total points of that team’s opponent in each points in the Final Point Total box receives the previous round. The greatest sum of these point ballot from that scoring evaluator. spreads will break the tie in favor of the team with (b) Each scoring evaluator may wish to consider specific the largest cumulative point spread if the teams point deductions for rules violations, which the scoring are in the winning bracket. If the tie occurs evaluator has observed during the trial, whether or not between two teams in the losing bracket, then the the formal dispute process has been invoked. Deductions tie will be broken in favor of the team receiving may be considered for violations and charged against the the smallest cumulative point spread. score of an individual speaker (in the Speaker Points (b) The results of the performance of each team’s categories) or against the entire team (in the Team Plaintiff/Prosecution and Defendant/Defense sides in Points category). Examples of rule violations include but different courtrooms will not be added together for are not limited to: Unfair Extrapolations (Rule 4); averaging purposes, to determine which teams advance, Exceeding Time Limits (Rule 14); Use of Unapproved for breaking a tie, or for any other purpose. Supplemental Material (Rule 20); Improper Courtroom (c) In head-to-head matches at the Regional Competition Decorum (Rule 40 and Ethics Code §1); Student Work (the semi-final round (when utilized) and championship Product (Rule 41 and Ethics Code §3); and Excessive or round) and at the District Competition (all rounds), the Frivolous Objections (Ethics Code §1). rounds stand alone, with each team beginning with a (c) Should only two scoring evaluators be available for a clean slate. If the two teams in an affected round tie in round, the Scoring coordinator shall average the scores the following three categories in this order—win/loss of of the scoring evaluators present at the specific round to courtroom, number of ballots, and number of points— achieve the required third score. The This third scoring the trial coordinator will use this procedure to resolve evaluator’s averaged score shall equal one-half the sum the tie: of the other two scoring evaluators’ total scores for 1. Figure the point spread for each ballot won by a Plaintiff/Prosecution and Defendant/Defense. team and 1. Fractions will be rounded to the nearest higher 2. Add the point spreads for each team. whole number. The team with the largest cumulative point spread wins 2. In the rare instance that the third scoresheet has a the round. Only in the extremely rare event that this tie in the Final Point Total boxes, the philosophy point-spread total also results in a tie, Rule 28 would be outlined in Rule 28(a)(4) applies; only the point invoked in its entirety, thus evaluating the teams’ spread between the two actual scoresheets from performances throughout this level of competition (i.e., the round will be compared. In this case, the State Finals would look only at performance at the whichever team has the greatest point spread is State Finals level). The trial coordinator would examine the team that should receive the ballot of the third the individual team records, taking each of the following scoresheet. However, the Final Point Total of the steps in this order until the tie is broken: third should remain as a tie and be factored into 1. Compare the win/loss records; the point summaries used in power matching. 2. Compare the ballot records from preliminary (d) In cases where a scoresheet is submitted with a blank in rounds; a speaker point or team point box, the scoring 3. Compare the total number of points earned in Coordinator will make every effort to contact that preliminary rounds; evaluator to have the evaluator complete the 4. Compare the point spread from the preliminary scoresheet. In the event that the evaluator cannot be rounds. At each step, the tie is broken in favor of reached either by phone or in person to correct the the team with the highest number (i.e., more wins, scoresheet, the scoring Coordinator will fill in the blank ballots, points, or larger point spread than the by averaging the speaker points awarded by that opponent). evaluator for that squad. The scoring Coordinator will (d) Announcements of the results of final regional ranking add this averaged total to the blank box, initial the and district champion round are subject to verification addition, note on the scoresheet that it is an averaged by the state mock trial office before those results point award, continue with the calculation of the ballot, become official. correct the final point total box and notify the mock trial (e) Wildcard Teams at State Finals: In seasons where an odd office. number of Districts are comprised, a Wildcard team will be chosen to advance to the State Finals competition. The mock trial office will pool all district finalist teams v. 1.0: 10/11/17 97 and will draw the Wildcard team. This Wildcard team will ii. No squad will be matched against the same advance to the State Finals competition. No matches at squad it encountered in the first round’s the State Finals Competition (random or power matches) random draw. will be affected by regional or district conflicts. iii. Team to team matches will be avoided in all preliminary rounds. Rule 29. Power Matching/Seeding for Regional Competitions (c) At the regional level, the two teams emerging with the (Additional explanations regarding the power-match scoring strongest record from the two preliminary rounds system may be found in the Coaches Manual.) (producing scores from four courtrooms) will advance to (a) A random method of selection will determine opponents the final round. The first-place team will be determined in the first round. A power-match system will determine by the win/loss record, ballots, and total points earned opponents for all other rounds. A discussion of the (in this order) from the championship round only. Ties power match system is included in the Coaches’ Manual will be broken following the procedure outlined in Rule and is thereby incorporated into the Rules of the 28. Competition. (A copy of the Coaches’ Manual is posted (d) At the regional level, where 10 or fewer teams are on the GHSMTC website.) competing, the two teams emerging with the strongest (b) Power matching will provide that: record from the two preliminary rounds (producing 1. Pairings for the first round will be at random. In scores from four courtrooms) will advance to the final the first round, the P and D squads from any given round. The first-place team will be determined by the school team will be matched randomly with the P win/loss record, ballots, and total points earned (in this and D squads from two other school teams. School order) from the championship round only. Ties will be team matches (or “team to team” matches— broken following the procedure outlined in Rule 28. where the P and D of two schools are matched (e) If a region has 11+ teams competing, that regional only against each other) are prohibited in the first competition will include a semi-final round after the two round. preliminary rounds. The top four teams determined by 2. All teams are guaranteed to present each side of the two preliminary rounds will compete in the semi- the case twice. final round. The most powerful team will be matched 3. Brackets will be determined by win/loss record. with the least powerful team, and the two middle teams Plaintiff/Prosecution and Defendant/Defense will be matched together, regardless of whether the squads of each team will be matched according to squads have competed against each other in the their separate performances in the first round. preliminary rounds. The two most powerful teams Sorting within brackets will be determined in the emerging from the semi-final round will rise to the following order: (1) win/loss record; (2) ballots; (3) championship round. The regional champion team will total team points; then (4) point spread. The squad be determined by the win/loss record, ballots, and total with the highest number of ballots in the bracket points earned (in this order) from the championship will be matched with the opposing squad with the round only. Ties will be broken following the procedure lowest number of ballots in the bracket; the next outlined in Rule 28. highest with the next lowest, and so on until all Rule 30. Seeding and Round Matching for District Competition teams are matched. 4. If there are an odd number of squads in a bracket, (a) All matches at the district level will be conducted as the squad in the bottom of that bracket will be head-to-head knockout rounds. matched with the top squad from the next lower 1. Head-to-head matches the P and D squads of one bracket. team to the D and P squads of another team (P1 v. 5. Teams will not meet the same opponent twice in D2, P2 v. D1). the preliminary rounds. 2. The winning teams of each head-to-head match 6. To determine the two teams rising to the will be determined first by the total number of championship round, win/loss, ballot, and point ballots won, and total points earned (in this order), scores will be totaled for each team’s in each round’s match only. Ties will be broken Plaintiff/Prosecution and Defendant/Defense following the procedures outlined in Rule 28 (c). squads. The two teams with the best combined (b) Districts that are comprised of two regions shall be ranking in these categories in this order (i.e., seeded and matched in the following manner: win/loss, ballot, and point scores) will rise to the 1. Each Regional Champion will receive a bye in the championship round. first round. 7. In regions operating under emergency 2. The second and third place teams from one region circumstances with only four teams competing, will be matched against the third and second place the scoring coordinator will rank those teams after teams from the other region, respectively. the randomly matched first round in order using 3. At the end of the first round, the two teams the Ranking Rule as outlined in Rule 28(a). When winning their first round match will advance to the setting matches for the second round, the scoring second round. These teams will be matched coordinator will observe the power matching against the two Regional Champions in the procedure outlined in Rule 29 as closely as possible following manner: while adhering first and foremost to the following i. If each advancing team from the first round is restrictions in setting the round two matches for from separate regions, the match will be made four teams: so neither of a region’s teams will meet in the i. No team will be matched against itself. second round.
v. 1.0: 10/11/17 98 ii. If each advancing team from the first round is (d) Teams will not meet the same opponent twice in the from the same region, the team who finished preliminary rounds. 3rd at the regional level will meet that region’s (e) The two teams who win both preliminary rounds will champion while the team who finished 2nd at advance to the final round. The first-place team will be the regional level will meet the other regional determined by the win/loss record, ballots, and total champion in the second round. points earned (in this order) from the championship 4. At the end of the second round, the two teams round only. Ties will be broken following the procedure that won their second round match will face off in outlined in Rule 28. the final/championship round. The first-place team will be determined by the results from the Rule 32. [reserved] championship round only. (c) Districts that are comprised of three regions shall be Rule 33. Effect of a Win by Default seeded and matched in the following manner: For the purpose of advancement and seeding, when a team 1. Region Champion teams will have the average wins by default, the winning team for that round will be given a ballot total from the team’s three (or four in the win and the number of ballots and points equal to the average of case of a semi-final round at the regional level) all winning teams’ ballots and points of that same round. A win regional competition rounds calculated prior to by default can only occur under the circumstances outlined in the first round of the district competition. This Rule 11. ballot average will be used to seed the Regional Champion teams. 2. The top two seeded Regional Champion teams will D. DISPUTE SETTLEMENT receive a first round bye. Rule 34. Reporting a Rules Violation/Inside the Bar 3. The three region finalist teams from each region will have the average ballot total from the team’s (a) Disputes, which involve team members competing in a three (or four in the case of a semi-final round at competition round and occur within the bar, must be the regional level) regional competition rounds the filed immediately following the conclusion of that trial point averages calculated prior to the first round round. Disputes must be brought to the attention of the of the district competition in the same manner as presiding judge at the conclusion of the trial. outlined Rule 30(c)(1). This point ballot total will (b) If any team believes that a substantial rules violation has be used to seed the three region semi-finalists. occurred, one of its team member attorneys must 4. The third seeded Region Champion team (who did indicate that the team intends to file a dispute. The not receive the bye) will be matched against the scoring panel will be excused from the courtroom, and lowest seeded finalist team and the first and the presiding judge will provide the team member second seeded finalist teams will be matched for attorney with a dispute form, on which the team the first round. member will record in writing the nature of the dispute. 5. At the end of the first round, the two teams The team member may communicate with counsel winning their first round match will advance to the and/or team member witnesses before lodging the second round. The higher ranked team of the two notice of dispute or in preparing the form. advancing teams will be matched against the (c) At no time in this process may team coaches second seeded Regional Champion team and the communicate or consult with the team member lower ranked of the two advancing teams will be attorneys. Only team member attorneys may invoke the matched against the top seeded Regional dispute procedure. Champion team. (d) The dispute procedure described in this rule may not be 6. At the end of the second round, the two teams used to challenge an action by the presiding judge which that won their second round match will face off in a team believes to materially depart from the rules of the final/championship round. The first-place team the mock trial competition. If a team believes that such a will be determined by the results from the material departure has occurred, one of its team championship round only. member attorneys must move, during the trial round, for compliance with the rules of the mock trial competition Rule 31. Power Matching and Seeding at the State Finals in accordance with Rule 17. (See Rule 35(a) for resolution Tournament procedure) (a) Teams will compete as a team in head-to-head matches (e) Rules violations and/or disputes, which involve teams, for all rounds of the State Finals Tournament. individual team members or coaches during the course (b) A random method of selection will determine opponents of the round or during the competition day, which are in the first round. not brought to the attention of the presiding judge (c) After the first round, two evenly populated brackets will during a round (under Rule 34(a)) or to the trial be determined by win/loss record. Teams will be coordinator’s attention during the competition day by a matched according to their collective performances in teacher or attorney coach (under Rule 37), but which are the first round. Sorting within brackets will be discovered in the normal course of organizing and determined in the following order: (1) win/loss record; running the business of the competition on competition (2) ballots; (3) speaker points; then (4) point spread. The day and which are discovered by the trial coordinator or team with the highest number of ballots in the bracket one of his/her coordinating team members, should be will be matched with the team with the lowest number dealt with on-site (see Rule 35(b) & (c) for resolution of ballots in the bracket; the next highest with the next procedure). lowest, and so on until all teams are matched. v. 1.0: 10/11/17 99 Rule 35. Dispute Resolution Procedure including any potential outside the bar rules (a) The presiding judge will review the written dispute and violation/dispute that may have occurred. determine whether the dispute should be heard or (b) A Rules Violation/dispute, which involves people other denied. If the dispute is denied, the judge will record the than team members and/or occurs outside the bar only reasons for this, announce her/his decision to the Court, during a trial round on competition day, may be brought retire to complete his/her scoresheet (if applicable), and by the primary teacher or attorney coaches exclusively. turn the dispute form in with the scoresheets. If the Such disputes must be brought to the attention of the judge feels the grounds for the dispute merit a hearing, trial coordinator as soon as possible, but in no event the form will be shown to opposing counsel for their more than 30 minutes after the end of the round in written response. After the team has recorded its which the alleged violation occurred. The complaining response and transmitted it to the judge, the judge will party must complete a dispute form in order for the ask each team to designate a spokesperson. After the dispute to be heard. The form will be taken to the spokespersons have had time (not to exceed three tournament’s communication’s center, whereupon a minutes) to prepare their arguments, the judge will dispute resolution panel will: conduct a hearing on the dispute, providing each team’s 1. Notify all pertinent parties; spokesperson three minutes for a presentation. The 2. Allow time for a response, if appropriate; spokespersons may be questioned by the judge. At no 3. Conduct a hearing; and time in this process may team coaches communicate or 4. Rule on the charge. consult with the team member attorneys. After the (c) The trial coordinator and/or his/her designated dispute hearing, the presiding judge will adjourn the court and resolution panel must handle all disputes of this type on retire to consider her/his ruling on the dispute. That site and on the day of the competition. The dispute decision will be recorded in writing on the dispute form, resolution panel may notify the judging panel of the with no further announcement. affected courtroom of the ruling on the charge. (b) Rules violations and/or disputes brought by trial (d) The dispute resolution panel will be composed of coordinators and/or a member of the coordinating team designees, including available HSMTC leaders, appointed must be dealt with on site and in consultation with the by the trial coordinator, who may also sit on the panel. appropriate Director of Competitions, the Rules (e) The decision of the dispute resolution panel in these Subcommittee Chair, the State Coordinator, the Chair of matters will be considered final and no appeals will be the Committee, either Vice Chair of the Committee heard. and/or the Special Consultant to the Committee. The (f) If a trial coordinator, in consultation with HSMTC trial coordinator should request a verbal explanation of leadership, determines that an “outside the bar” rules the violation and/or dispute from the offending team, violation did occur, the trial coordinator and/or HSMTC individual or coach before contacting the appropriate leader(s) may choose to impose one or more of the and/or available HSMT leader. In consultation, the trial consequences outlined in Rule 10(e)(1-5). coordinator and the HSMT leader(s) contact will decide (g) Teams shall not bring outside the bar disputes/issues the outcome of the situation. All decisions in this process that arise on competition day directly to the state mock made by the trial coordinator in consultation with trial office for consideration at any time. HSMTC leadership will be considered final. (h) If a coach discovers a potential outside the bar violation (c) If a trial coordinator, in consultation with HSMTC after the 30-minute time frame for disputes has elapsed, leadership, determines that a rules violation did occur as but on the same day that the alleged violation occurred, described in Rules 32(b) and 33(b), the trial coordinator and wishes to have the matter reviewed, that coach is and HSMTC leader(s) may choose to impose one or more required to bring the issue to the attention of the trial of the consequences outlined in Rule 10(e) 1-5. coordinator before leaving the competition site. The trial coordinator will then convene the dispute resolution Rule 36. Effect of Violation on Score panel to review the matter as described in sections (b) If the presiding judge determines that a substantial rules through (e) of this rule. If a coach leaves the competition violation has occurred, the judge will inform the scoring judges of site knowing that a potential outside the bar rules the dispute and provide a summary of each team’s argument. violation/dispute has occurred, but without formally The scoring judges will consider the dispute before reaching their bringing it to the attention of the trial coordinator, the final decisions. The dispute may or may not affect the final team forfeits the right to file the complaint or have the decision, but the matter will be left to the discretion of the matter reviewed in any way. scoring judges. (i) Only under the most extenuating of circumstances, which must be described in writing, may a coach bring a Rule 37. Reporting of Rules Violation/Dispute Outside the Bar complaint of an outside the bar rules violation/dispute to on Competition Day the Rules chair on the Monday after that level of the competition has concluded. If the Rules Chair determines (a) Time is of the essence in all matters during any level of that the issue could not be brought to the attention of the competition. Coaches and team members are the trial coordinator at the competition site, s/he will expected to communicate before and after competition review the issue and may choose to request a response rounds on a variety of competition-related topics, in from the alleged offender in order to gain a clearer addition to student performance. Moreover, coaches understanding of the situation. The Rules Chair may should communicate with each other during the course resolve the dispute at the time it is submitted; if the of the competition day so that they are aware, within a Rules Chair determines that a violation did occur, s/he, in reasonable amount of time, of events that occur during consultation with other HSMTC leaders and with the the competition that relate to their competition team, advice of the State Coordinator, may impose one or v. 1.0: 10/11/17 100 more of the consequences outlined in Rules 10(e)(1-5) provided, however, that the Court may in its discretion on the offending team, coach, or individual team allow limited use of argumentative questions on cross member. examination. (j) The Rules Chair, in his/her sole discretion, may also elect (b) Ambiguous Questions—An attorney shall not asks not to resolve the dispute but to include the issue in the questions that are capable of being understood in two or rules review at the next meeting of the Subcommittee on more possible ways. the Rules. Regardless of whether the dispute is resolved, (c) Non-Responsive Answer—A witness’ answer is it will have no bearing on the outcome of any objectionable if it fails to respond to the question asked. competition round(s) during the competition level at which the dispute arose. Rule 45. Assuming Facts Not in Evidence An attorney shall not ask a question that assumes unproved facts. However, an expert witness may be asked a question based II. RULES OF PROCEDURE upon stated assumptions, the truth of which is reasonably supported by the evidence. A. BEFORE THE TRIAL Rule 46. Lack of Proper Predicate/Foundation Rule 38. Trial Squad Roster Form Attorneys shall lay a proper foundation prior to moving Copies of the Trial Squad Roster Form must be completed and admission of evidence. After the motion has been made, the duplicated by each team prior to arrival at the competition site. exhibits may still be objectionable on other grounds. Teams must be identified by the code assigned at registration. No information identifying team origin should appear on the form. Rule 47. Procedure for Introduction of Exhibits Before beginning a trial, the teams must exchange copies of the At the regional and state level of the Georgia High School Trial Squad Roster Form. Witness lists should identify the gender Mock Trial Competition, the following procedure for introducing of each witness so that references to such parties will be made in evidence is accepted practice. All teams should be prepared to the proper gender. Copies of the Trial Squad Roster Form should follow these steps and all presiding judges should allow students also be made available to the judging panel and presiding judge to utilize this procedure for the introduction of evidence during before each round. The Trial Squad Roster Form is available as a competition rounds. fillable and saveable PDF on the HSMT website and should be 1. All evidence will be pre-marked as exhibits. submitted in typed form whenever possible. 2. Timekeepers will not stop time during the introduction of evidence. Rule 39. Stipulations 3. Show the exhibit to opposing counsel. Stipulations shall be considered part of the record and already 4. Ask for permission to approach the witness. Give the admitted into evidence. exhibit to the witness. 5. “I now hand you what has been marked as Exhibit Rule 40. The Record No.___ for identification.” The stipulations, the indictment, and the Charge to the Jury 6. Ask the witness to identify the exhibit. “Would you will not be read into the record. identify it please?” 7. Witness answers with identification only. 8. Offer the exhibit into evidence. “Your Honor, we offer B. BEGINNING THE TRIAL Exhibit No.___ into evidence at this time. The authenticity of this exhibit has been stipulated.” Rule 41. Jury Trial 9. Court: “Is there an objection?” (If opposing counsel The case will be tried to a jury; arguments are to be made to believes a proper foundation has not been laid, the judge and jury. Teams may address the scoring judges as the jury. attorney should be prepared to object at this time.) 10. Opposing Counsel: “No, your Honor,” or “Yes, your Rule 42. Standing During Trial Honor.” If the response is “Yes,” the objection will be Attorneys who are able will stand while giving opening and stated on the record. Court: “Is there any response to closing statements, during direct and cross examinations, and for the objection?” all objections. 11. Court: “Exhibit No. ___ is/is not admitted.” (See Rule 27 for the treatment of rule infractions.) 12. If the exhibit is admitted into evidence, the attorney may now solicit testimony on its contents. Rule 43. Student Work Product All opening statements and closing arguments, all direct and Rule 48. Use of Notes cross examinations, and all objections shall be substantially the Attorneys may use notes in presenting their cases. Witnesses work product of team members and not be scripted by coaches. are not permitted to use notes while testifying during the trial. (See Rule 27 for the treatment of rule infractions.) Attorneys may consult with each other at counsel table verbally or through the use of notes.
C. PRESENTING EVIDENCE Rule 49. Redirect/Recross Redirect and Recross examinations are permitted, provided Rule 44. Argumentative/Ambiguous Questions and Non- they conform to the restrictions in Rule 611(d) in the Rules of Responsive Answer Evidence. (a) Argumentative—An attorney shall not ask a question
which asks the witness to agree to a conclusion drawn by the questions without eliciting testimony as to new facts; v. 1.0: 10/11/17 101 D. SPECIAL MOCK TRIAL OBJECTIONS (b) Judges shall not make a ruling on the legal merits of the trial. Judges may not inform the students of scoresheet Rule 50. Special Mock Trial Objections results or the awarding of outstanding attorney or (a) “Objections” during Openings/Closings: No objections witness certificates. may be raised during opening statements or during closing arguments. If a team believes an objection would have been proper during the opposing team’s opening III. GEORGIA HIGH SCHOOL MOCK TRIAL statement or closing argument, one of its attorneys (per COMPETITION RULES OF EVIDENCE Rule 12(e)) may, following the opening statement or
closing argument, stand to be recognized by the judge In American trials, complex rules are used to govern the and may say, “If I had been permitted to object during admission of proof (i.e., oral or physical evidence). These rules [opening statement or closing argument], I would have are designed to ensure that all parties receive a fair hearing and objected to the opposing team’s statement that to exclude evidence deemed irrelevant, incompetent, ______.” The opposing team is allowed a untrustworthy, unduly prejudicial or otherwise improper. If it response. The presiding judge will not rule on the appears that a rule of evidence is being violated, an attorney may “objection.” Presiding and scoring judges will weigh the raise an objection to the judge. The judge then decides whether “objection” and response (if given) individually. the rule has been violated and whether the evidence must be (b) Scope of Closing Arguments: Closing Arguments must be excluded from the record of the trial. In the absence of a properly based on the actual evidence and testimony presented made objection, however, the evidence will probably be allowed during the trial, including rebuttal. by the judge. The burden is on the mock trial team to know the (c) Excessive and/or Intentionally Evasive and/or Non- Georgia High School Mock Trial Competition Rules of Evidence Responsive Answers from Witnesses: If a team believes and to be able to use them to protect their client and fairly limit that an opposing team's witness has engaged in the actions of opposing counsel and their witnesses. excessive or intentional evasiveness and/or excessive or For purposes of mock trial competition, the Rules of Evidence intentional non-responsive answers on cross, solely to have been modified and simplified. They are based on the Federal use up an opponent’s allotted cross examination time, Rules of Evidence, and its numbering system. Where rule and the attorney handling the cross examination of that numbers or letters are skipped, those rules were not deemed witness has exhausted all methods of attempting to applicable to mock trial procedure. Text in italics or underlined control that witness, that attorney may, at the end of represent simplified or modified language. that cross examination make an “objection” to Not all judges will interpret the Rules of Evidence (or “excessive/intentional evasiveness/non-responsiveness” procedure) the same way, and mock trial attorneys should be on the part of that witness. prepared to point out specific rules (quoting, if necessary) and to If an attorney makes this mock trial “objection”, he or argue persuasively for the interpretation and application of the she may stand at the end of his/her cross examination rule they think appropriate. and ask to be recognized by the presiding judge saying, The Mock Trial Rules of Competition, the Rules of Procedure, “Your honor, I object to the excessive/intentional and these simplified Rules of Evidence govern the Georgia Mock evasiveness/non-responsiveness displayed by Witness X. Trial Competition. I believe his/her sole purpose for using this tactic was to use up my allotted time during cross examination.” (d) The presiding judge shall allow no response to the Article I. General Provisions objection from the opposing team. The presiding judge shall not rule on this objection; however, the presiding Rule 101. Scope judge may indicate to scoring evaluators that they may These rules govern proceedings in the Georgia Mock Trial consider the “objection” at their discretion when Competition. completing their scoresheet (see Rule 27 for point deductions for rules infractions). Rule 102. Purpose and Construction (e) Evaluators may deduct points from any witness or These rules should be construed so as to administer every witnesses and any team whose conduct properly proceeding fairly, eliminate unjustifiable expense and delay, and draws such an objection or reasonably could have promote the development of evidence law, to the end of properly drawn such an objection even if no objection is ascertaining the truth and securing a just determination. made. Evaluators may also award additional points to attorneys or teams that effectively control Rule 105. Limited Admissibility witnesses/teams that use such delaying tactics during When evidence which is admissible as to one party or for one the cross examination, regardless of an “objection” purpose, but is not admissible as to the other party or for another under this rule being made. purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. E. CRITIQUE Rule 106. Remainder of or Related Writings or Recorded Rule 51. The Critique Statements (a) The judging panel is allowed 10 minutes for debriefing. When a writing or recorded statement or part thereof is The timekeepers will monitor the critique following the introduced by a party, an adverse party may require the trial. Presiding judges are to limit critique sessions to the introduction at that time of any other part or any other writing or 10 minutes total time allotted. recorded statement which ought in fairness to be considered contemporaneously with it. v. 1.0: 10/11/17 102 Article II. Judicial Notice a. a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence Rule 201. Judicial Notice of Adjudicative Facts is admitted, the prosecutor may offer evidence (a) This rule governs judicial notice of an adjudicative fact to rebut it; only, not a legislative fact. b. a defendant may offer evidence of an alleged (b) The court may judicially notice a fact that is not subject victim’s pertinent trait, and if the evidence is to reasonable dispute because it is a matter of admitted, the prosecutor may: mathematical or scientific certainty. For example, the i. offer evidence to rebut it; and court could take judicial notice that 10 x 10 = 100 or that ii. offer evidence of the defendant’s same there are 5280 feet in a mile. trait; and (c) The court must take judicial notice if a party requests it c. in a homicide case, the prosecutor may offer and the court is supplied with the necessary information. evidence of the alleged victim’s trait of (d) The court may take judicial notice at any stage of the peacefulness to rebut evidence that the victim proceeding. was the first aggressor. (e) A party is entitled to be heard on the propriety of taking 3. Exceptions for a Witness. Evidence of a witness’s judicial notice and the nature of the fact to be noticed. character may be admitted under Rules 607, 608, (f) In a civil case, the court must instruct the jury to accept and 609. the noticed fact as conclusive. In a criminal case, the (b) Crimes, Wrongs, or Other Acts. court must instruct the jury that it may or may not 1. Prohibited Uses. Evidence of a crime, wrong, or accept the noticed fact as conclusive. other act is not admissible to prove a person’s character in order to show that on a particular
occasion the person acted in accordance with the Article III. Presumptions in Civil Actions and character. Proceedings 2. Permitted Uses. This evidence may be admissible for (Not applicable in criminal cases) another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, Rule 301. Presumptions in General in Civil Actions and identity, absence of mistake, or lack of accident. Proceedings Rule 405. Methods of Proving Character In all civil actions and proceedings…a presumption imposes on the party against whom it is directed the burden of going (a) By Reputation or Opinion. When evidence of a person’s forward with evidence to rebut or meet the presumption, but character or character trait is admissible, it may be does not shift to such party the burden of proof in the sense of proved by testimony about the person’s reputation or by the risk of non-persuasion, which remains throughout the trial testimony in the form of an opinion. On cross- upon the party on whom it was originally cast. examination of the character witness, the court may allow an inquiry into relevant specific instances of the
person’s conduct. Article IV. Relevancy and its Limits (b) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a Rule 401. Test for Relevant Evidence charge, claim, or defense, the character or trait may also Evidence is relevant if: be proved by relevant specific instances of the person’s (a) it has any tendency to make a fact more or less probable conduct. than it would be without the evidence; and (b) the fact is of consequence in determining the action. Rule 406. Habit, Routine Practice Evidence of a person’s habit or an organization’s routine Rule 402. General Admissibility of Relevant Evidence practice may be admitted to prove that on a particular occasion Relevant evidence is admissible unless these rules provide the person or organization acted in accordance with the habit or otherwise. Irrelevant evidence is not admissible. routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness. Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons Rule 407. Subsequent Remedial Measures The court may exclude relevant evidence if its probative value When measures are taken that would have made an earlier is substantially outweighed by a danger of one or more of the injury or harm less likely to occur, evidence of the subsequent following: unfair prejudice, confusing the issues, misleading the measures is not admissible to prove: jury, undue delay, wasting time, or needlessly presenting negligence; cumulative evidence. culpable conduct; a defect in a product or its design; or Rule 404. Character Evidence; Crimes or Other Acts a need for a warning or instruction. (a) Character Evidence. But the court may admit this evidence for another purpose, 1. Prohibited Uses. Evidence of a person’s character or such as impeachment or — if disputed — proving ownership, character trait is not admissible to prove that on a control, or the feasibility of precautionary measures. particular occasion the person acted in accordance with the character or trait. 2. Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply in a criminal case: v. 1.0: 10/11/17 103 Rule 408. Compromise Offers and Negotiations 2. communications between attorney and client; (a) Prohibited Uses. Evidence of the following is not 3. communications among grand jurors; admissible — on behalf of any party — either to prove or 4. secrets of state; and disprove the validity or amount of a disputed claim or to 5. communications between psychiatrist and patient. impeach by a prior inconsistent statement or a contradiction: Article VI. Witnesses 1. furnishing, promising, or offering — or accepting, promising to accept, or offering to accept — a Rule 601. General Rule of Competency valuable consideration in compromising or Every person is competent to be a witness. attempting to compromise the claim; and 2. conduct or a statement made during compromise Rule 602. Need for Personal Knowledge negotiations about the claim — except when offered in a criminal case and when the negotiations related A witness may testify to a matter only if evidence is to a claim by a public office in the exercise of its introduced sufficient to support a finding that the witness has regulatory, investigative, or enforcement authority. personal knowledge of the matter. Evidence to prove personal (b) Exceptions. The court may admit this evidence for knowledge may consist of the witness’s own testimony. This rule another purpose, such as proving a witness’s bias or does not apply to a witness’s expert testimony under Rule 703. prejudice, negating a contention of undue delay, or (See Rule 2.2) proving an effort to obstruct a criminal investigation or Rule 603. Oath or Affirmation prosecution. Before testifying, every witness shall be required to declare Rule 409. Offers to Pay Medical And or Similar Expenses (civil that the witness will testify truthfully, by oath or affirmation, case only) administered in a form calculated to awaken the witness’ Evidence of furnishing, promising to pay, or offering to pay conscience and impress the witness’ mind with the duty to do so. medical, hospital, or similar expenses resulting from an injury is [The mock trial oath is provided in the Rules of the Competition at not admissible to prove liability for the injury. Rule 12.]
Rule 410. Pleas, Plea Discussions, and Related Statements Rule 604. Interpreters (a) Prohibited Uses. In a civil or criminal case, evidence of An interpreter is subject to the provisions of these rules the following is not admissible against the defendant relating to the qualification as an expert and the administration who made the plea or participated in the plea of an oath or affirmation to make a true translation. discussions: Rule 607. Who May Impeach A Witness 1. a guilty plea that was later withdrawn; 2. a nolo contendere plea; Any party, including the party that called the witness, may 3. a statement made during a proceeding on either of attack the witness’s credibility. those pleas under Federal Rule of Criminal Procedure Rule 608. A Witness’s Character For Truthfulness or 11 or a comparable state procedure; or Untruthfulness 4. a statement made during plea discussions with an attorney for the prosecuting authority if the (a) Reputation or Opinion Evidence. A witness’s credibility discussions did not result in a guilty plea or they may be attacked or supported by testimony about the resulted in a later-withdrawn guilty plea. witness’s reputation for having a character for (b) Exceptions. The court may admit a statement described truthfulness or untruthfulness, or by testimony in the in Rule 410(a)(3) or (4): form of an opinion about that character. But evidence of 1. in any proceeding in which another statement made truthful character is admissible only after the witness’s during the same plea or plea discussions has been character for truthfulness has been attacked. introduced, if in fairness the statements ought to be (b) Specific Instances of Conduct. Except for a criminal considered together; or conviction under Rule 609, extrinsic evidence is not 2. in a criminal proceeding for perjury or false admissible to prove specific instances of a witness’s statement, if the defendant made the statement conduct in order to attack or support the witness’s under oath, on the record, and with counsel present. character for truthfulness. But the court may, on cross- examination, allow them to be inquired into if they are Rule 411. Liability Insurance (civil case only) probative of the character for truthfulness or Evidence that a person was or was not insured against liability untruthfulness of: is not admissible to prove whether the person acted negligently 1. the witness; or or otherwise wrongfully. But the court may admit this evidence 2. another witness whose character the witness being for another purpose, such as proving a witness’s bias or proving cross-examined has testified about. agency, ownership, or control. By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only
to the witness’s character for truthfulness. Article V. Privileges Rule 609. Impeachment by Evidence of a Criminal Conviction Rule 501. General Rule (a) In General. The following rules apply to attacking a There are certain admissions and communications excluded witness’s character for truthfulness by evidence of a from evidence on grounds of public policy. Among these are: criminal conviction: 1. communications between husband and wife; v. 1.0: 10/11/17 104 1. for a crime that, in the convicting jurisdiction, was from those facts and matters, and may inquire into any punishable by death or by imprisonment for more omissions from the witness statement that are otherwise than one year, the evidence: material and admissible. a. must be admitted, subject to Rule 403, in a civil (c) Leading Questions. Leading questions should not be case or in a criminal case in which the witness used on direct examination of a witness (except as may is not a defendant; and be necessary to develop the witness’ testimony). b. must be admitted in a criminal case in which Ordinarily, leading questions are permitted on cross the witness is a defendant, if the probative examination. When a party calls a hostile witness, an value of the evidence outweighs its prejudicial adverse party, or a witness identified with an adverse effect to that defendant; and party, leading questions may be used. A hostile witness 2. for any crime regardless of the punishment, the may only be called pursuant to Rule 12(f). evidence must be admitted if the court can readily (d) Redirect/Re-cross. After cross examination, additional determine that establishing the elements of the questions may be asked by the direct examining crime required proving — or the witness’s admitting attorney, but questions must be limited to matters — a dishonest act or false statement. raised by the attorney on cross examination. Likewise, (b) Limit on Using the Evidence After 10 Years. This additional questions may be asked by the cross subdivision (b) applies if more than 10 years have passed examining attorney or re-cross, but such questions must since the witness’s conviction or release from be limited to matters raised on redirect examination and confinement for it, whichever is later. Evidence of the should avoid repetition. conviction is admissible only if its probative value, (e) Permitted Motions. The only motion permissible is one supported by specific facts and circumstances, requesting the judge to strike testimony following a substantially outweighs its prejudicial effect. successful objection to its admission. (c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. Evidence of a conviction is not admissible Rule 612. Writing Used to Refresh a Witness’s Memory if: If a written statement is used to refresh the memory of a 1. the conviction has been the subject of a pardon, witness either while testifying or before testifying, the Court shall annulment, certificate of rehabilitation, or other determine that the adverse party is entitled to have the writing equivalent procedure based on a finding that the produced for inspection. The adverse party may cross examine person has been rehabilitated, and the person has the witness on the material and introduce into evidence those not been convicted of a later crime punishable by portions which relate to the testimony of the witness. death or by imprisonment for more than one year; or 2. the conviction has been the subject of a pardon, Rule 613. Witness’s Prior Statement annulment, or other equivalent procedure based on (a) Showing or Disclosing the Statement During a finding of innocence. Examination. When examining a witness about the (d) Juvenile Adjudications. Evidence of a juvenile witness’s prior statement, a party need not show it or adjudication is admissible under this rule only if: disclose its contents to the witness. But the party must, 1. it is offered in a criminal case; on request, show it or disclose its contents to an adverse 2. the adjudication was of a witness other than the party’s attorney. defendant; (b) Extrinsic Evidence of a Prior Inconsistent Statement. 3. an adult’s conviction for that offense would be Extrinsic evidence of a witness’s prior inconsistent admissible to attack the adult’s credibility; and statement is admissible only if the witness is given an 4. admitting the evidence is necessary to fairly opportunity to explain or deny the statement and an determine guilt or innocence. adverse party is given an opportunity to examine the (e) Pendency of an Appeal. A conviction that satisfies this witness about it, or if justice so requires. This subdivision rule is admissible even if an appeal is pending. Evidence (b) does not apply to an opposing party’s statement of the pendency is also admissible. under Rule 801(d)(2).
Rule 610. Religious Beliefs or Opinions Evidence of a witness’s religious beliefs or opinions is not Article VII. Opinions and Expert Testimony admissible to attack or support the witness’s credibility. Rule 701. Opinion Testimony by Lay Witness Rule 611. Mode and Order of Interrogation and Presentation If a witness is not testifying as an expert, testimony in the (a) Control by the Court; Purposes. The court should form of an opinion is limited to one that is: exercise reasonable control over the mode and order of (a) rationally based on the witness’s perception; examining witnesses and presenting evidence so as to: (b) helpful to clearly understanding the witness’s testimony 1. make those procedures effective for determining the or to determining a fact in issue; and truth; (c) not based on scientific, technical, or other specialized 2. avoid wasting time; and knowledge within the scope of Rule 702. 3. protect witnesses from harassment or undue embarrassment. Rule 702. Testimony by Experts (b) Scope of cross examination. The scope of the cross If scientific, technical, or other specialized knowledge will examination shall not be limited to the scope of the assist the trier of fact to understand the evidence or to determine direct examination, but may inquire into any relevant a fact in issue, a witness qualified as an expert by knowledge, facts or matters contained in the witness’ statement, skill, experience, training, or education, may testify thereto in the including all reasonable inferences that can be drawn form of an opinion or otherwise. v. 1.0: 10/11/17 105 Rule 703. Bases of an Expert’s Opinion Testimony b. is one the party manifested that it adopted or An expert may base an opinion on facts or data in the case believed to be true; that the expert has been made aware of or personally observed. c. was made by a person whom the party If experts in the particular field would reasonably rely on those authorized to make a statement on the kinds of facts or data in forming an opinion on the subject, they subject; need not be admissible for the opinion to be admitted. But if the d. was made by the party’s agent or employee on facts or data would otherwise be inadmissible, the proponent of a matter within the scope of that relationship the opinion may disclose them to the jury only if their probative and while it existed; or value in helping the jury evaluate the opinion substantially e. was made by the party’s coconspirator during outweighs their prejudicial effect. and in furtherance of the conspiracy. The statement must be considered but does not by itself Rule 704. Opinion on Ultimate Issue establish the declarant’s authority under (C); the existence or (a) In General — Not Automatically Objectionable. An scope of the relationship under (D); or the existence of the opinion is not objectionable just because it embraces an conspiracy or participation in it under (E). ultimate issue. Rule 802. Hearsay Rule (b) Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did Hearsay is not admissible except as provided by these Rules. not have a mental state or condition that constitutes an Rule 803. Exceptions to the Rule Against Hearsay – Regardless element of the crime charged or of a defense. Those of Whether the Declarant is Available as a Witness matters are for the trier of fact alone. The following are not excluded by the hearsay rule, regardless Rule 705. Disclosing the Facts or Data Underlying An Expert’s of whether the declarant is available as a witness: Opinion 1. Present Sense Impression. A statement describing or Unless the court orders otherwise, an expert may state an explaining an event or condition, made while or opinion — and give the reasons for it — without first testifying to immediately after the declarant perceived it. the underlying facts or data. But the expert may be required to 2. Excited Utterance. A statement relating to a startling disclose those facts or data on cross-examination. event or condition, made while the declarant was under the stress of excitement that it caused.
3. Then-Existing Mental, Emotional, or Physical Article VIII. Hearsay Condition. A statement of the declarant’s then- existing state of mind (such as motive, intent, or Rule 801. Definitions plan) or emotional, sensory, or physical condition The following definitions apply under this article: (such as mental feeling, pain, or bodily health), but (a) Statement. “Statement” means a person’s oral assertion, not including a statement of memory or belief to written assertion, or nonverbal conduct, if the person prove the fact remembered or believed unless it intended it as an assertion. relates to the validity or terms of the declarant’s will. (b) Declarant. “Declarant” means the person who made the 4. Statement Made for Medical Diagnosis or statement. Treatment. A statement that: (c) Hearsay. “Hearsay” means a statement that: a. is made for — and is reasonably pertinent to — 1. the declarant does not make while testifying at the medical diagnosis or treatment; and current trial or hearing; and b. describes medical history; past or present 2. a party offers in evidence to prove the truth of the symptoms or sensations; their inception; or matter asserted in the statement. their general cause. (d) Statements That Are Not Hearsay. A statement that 5. Recorded Recollection. A record that: meets the following conditions is not hearsay: a. is on a matter the witness once knew about 1. A Declarant-Witness’s Prior Statement. The but now cannot recall well enough to testify declarant testifies and is subject to cross- fully and accurately; examination about a prior statement, and the b. was made or adopted by the witness when the statement: matter was fresh in the witness’s memory; and a. is inconsistent with the declarant’s testimony c. accurately reflects the witness’s knowledge. and was given under penalty of perjury at a If admitted, the record may be read into evidence trial, hearing, or other proceeding or in a but may be received as an exhibit only if offered by deposition; an adverse party. b. is consistent with the declarant’s testimony 6. Records of a Regularly Conducted Activity. A record and is offered to rebut an express or implied of an act, event, condition, opinion, or diagnosis if: charge that the declarant recently fabricated it a. the record was made at or near the time by — or acted from a recent improper influence or or from information transmitted by — motive in so testifying; or someone with knowledge; c. identifies a person as someone the declarant b. the record was kept in the course of a regularly perceived earlier. conducted activity of a business, organization, 2. An Opposing Party’s Statement. The statement is occupation, or calling, whether or not for offered against an opposing party and: profit; a. was made by the party in an individual or c. making the record was a regular practice of representative capacity; that activity;
v. 1.0: 10/11/17 106 d. all these conditions are shown by the b. the conviction was for a crime punishable by testimony of the custodian or another qualified death or by imprisonment for more than a witness, or by a certification that complies with year; a statute permitting certification; and c. the evidence is admitted to prove any fact e. the opponent does not show that the source of essential to the judgment; and information nor the method or circumstances d. when offered by the prosecutor in a criminal of preparation indicate a lack of case for a purpose other than impeachment, trustworthiness. the judgment was against the defendant. 7. Absence of a Record of a Regularly Conducted The pendency of an appeal may be shown but does Activity. Evidence that a matter is not included in a not affect admissibility. record described in paragraph (6) if: a. the evidence is admitted to prove that the Rule 804. Hearsay Exceptions; Declarant Unavailable matter did not occur or exist; (a) Criteria for Being Unavailable. A declarant is considered b. a record was regularly kept for a matter of that to be unavailable as a witness if the declarant: kind; and 1. is exempted from testifying about the subject matter c. the opponent does not show that the possible of the declarant’s statement because the court rules source of the information nor other that a privilege applies; circumstances indicate a lack of 2. refuses to testify about the subject matter despite a trustworthiness. court order to do so; 8. Public Records. A record or statement of a public 3. testifies to not remembering the subject matter; office if: 4. cannot be present or testify at the trial or hearing a. it sets out: because of death or a then-existing infirmity, physical i. the office’s activities; illness, or mental illness; or ii. a matter observed while under a legal duty 5. is absent from the trial or hearing and the to report, but not including, in a criminal statement’s proponent has not been able, by process case, a matter observed by law- or other reasonable means, to procure: enforcement personnel; or a. the declarant’s attendance, in the case of a iii. in a civil case or against the government in hearsay exception under Rule 804(b)(1) or (6); a criminal case, factual findings from a or legally authorized investigation; and b. the declarant’s attendance or testimony, in the b. the opponent does not show that the source of case of a hearsay exception under Rule information nor other circumstances indicate a 804(b)(2), (3), or (4). lack of trustworthiness. But this subdivision (a) does not apply if the 10. Absence of a Public Record. Testimony that a diligent statement’s proponent procured or wrongfully search failed to disclose a public record or statement caused the declarant’s unavailability as a witness in if the testimony or certification is admitted to prove order to prevent the declarant from attending or that: testifying. a. the record or statement does not exist; or (b) The Exceptions. The following are not excluded by the b. a matter did not occur or exist, if a public office rule against hearsay if the declarant is unavailable as a regularly kept a record or statement for a witness: matter of that kind. 1. Former Testimony. Testimony that: 16. Statements in Ancient Documents. A statement in a a. was given as a witness at a trial, hearing, or document that is at least 20 years old and whose lawful deposition, whether given during the authenticity is established. current proceeding or a different one; and 18. Statements in Learned Treatises, Periodicals, or b. is now offered against a party who had — or, in Pamphlets. A statement contained in a treatise, a civil case, whose predecessor in interest had periodical, or pamphlet if: — an opportunity and similar motive to a. the statement is called to the attention of an develop it by direct, cross-, or redirect expert witness on cross-examination or relied examination. on by the expert on direct examination; and 2. Statement Under the Belief of Imminent Death. In a b. the publication is established as a reliable prosecution for homicide or in a civil case, a authority by the expert’s admission or statement that the declarant, while believing the testimony, by another expert’s testimony, or declarant’s death to be imminent, made about its by judicial notice. cause or circumstances. If admitted, the statement may be read into 3. Statement Against Interest. A statement that: evidence but not received as an exhibit. a. a reasonable person in the declarant’s position 21. Reputation Concerning Character. A reputation would have made only if the person believed it among a person’s associates or in the community to be true because, when made, it was so concerning the person’s character. contrary to the declarant’s proprietary or 22. Judgment of a Previous Conviction. Evidence of a pecuniary interest or had so great a tendency final judgment of conviction if: to invalidate the declarant’s claim against a. the judgment was entered after a trial or guilty someone else or to expose the declarant to plea, but not a nolo contendere plea; civil or criminal liability; and b. is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is v. 1.0: 10/11/17 107 offered in a criminal case as one that tends to Rule 806. Attacking and Supporting Credibility expose the declarant to criminal liability. When a hearsay statement has been admitted, the credibility 4. Statement of Personal or Family History. A of the declarant may be attacked and supported by any evidence, statement about: which would be admissible for those purposes if declarant had a. the declarant’s own birth, adoption, legitimacy, testified as a witness. Evidence of a statement or conduct by the ancestry, marriage, divorce, relationship by declarant, inconsistent with the declarant’s hearsay statement, is blood, adoption, or marriage, or similar facts of not subject to any requirement that the declarant may have been personal or family history, even though the afforded an opportunity to deny or explain. If the party against declarant had no way of acquiring personal whom a hearsay statement has been admitted calls the declarant knowledge about that fact; or as a witness, the party is entitled to examine the declarant on the b. another person concerning any of these facts, statement as if under cross examination. as well as death, if the declarant was related to
the person by blood, adoption, or marriage or was so intimately associated with the person’s Article X. Contents of Writing, Recordings, and family that the declarant’s information is likely Photographs to be accurate. 5. Not Applicable. Rule 1002. Requirement of Original 6. Statement Offered Against a Party That Wrongfully To prove the content of a writing, recording, or photograph, Caused the Declarant’s Unavailability. A statement the original writing, recording, or photograph is required ... offered against a party that wrongfully caused — or Copies of any case materials are considered as originals. acquiesced in wrongfully causing — the declarant’s
unavailability as a witness, and did so intending that result. For the purposes of the mock trial competition, Article XI. Miscellaneous Rules required notice will be deemed to have been given. The failure to give notice as required by these rules Rule 1103. Title will not be recognized as an appropriate objection. These rules may be known and cited as the Georgia High School Mock Trial Competition Rules of Evidence. Rule 805. Hearsay within Hearsay Hearsay included within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
v. 1.0: 10/11/17 108 INSTRUCTIONS FOR TIMEKEEPERS Under the Rules of The Georgia High School Mock Trial Competition, all timekeepers are expected to follow these instructions when keeping time during a competition round. Thank you for your diligence in this matter.
Before Competition Day 1. Timekeepers play an essential role during a mock trial competition round. At least two reliable students should be recruited to fill these critical positions on the mock trial team. 2. The role of timekeeper is a required role in a competition round. Trial coordinators do not provide additional volunteer personnel to act as timekeepers. (see Rule 15) 3. Each team may use up to four unique individuals to keep time throughout each level of competition. (see Rule 7(g)) 4. NOTE: If a team does not provide their own student timekeepers, that team must submit to the time kept by their opponent’s timekeeper in the trial round. (see Rule 7(j)) 5. NOTE: If a situation arises where both squads in a given trial round do not provide their own student timekeepers, the trial coordinator will require coaches from those teams to act as timekeepers during that trial round. (see Rule 7(j)) 6. Rule 14 defines the time blocks allocated to each portion of the trial. Rule 15 describes the duties of a timekeeper. Timekeepers must review the rules for timekeeping and these instructions thoroughly before competition day. 7. Timekeepers must understand how to recognize each part of the trial before competition date. If there are any questions during a trial about whether or not time has stopped, politely ask the presiding judge for clarification. 8. It is suggested that to keep track of which stopwatch is for which side, label the stopwatches “P” and “D” and keep the “P” stopwatch on your left and the “D” stopwatch on your right. 9. Time will not be counted for: objections, extensive questioning from the presiding judge or administration of the oath. Time DOES NOT stop for the introduction of evidence (see Rule 15(d)). 10. Practice timekeeping duties during team rehearsals before competition day. 11. Make copies of the time cards on yellow paper or card stock using the time card template found in the Coaches Manual. Time intervals may not be altered.
Before the Trial Round 1. On competition day, be sure each timekeeper has a. At least one time sheet for each round of the competition (including the final round) b. Two stopwatches per side (4 total per team)—NOTE: Some cell phones include a stopwatch function, but it is strongly preferred, because of issues related to team communication inside the bar & the use of electronic equipment by competing team members during a competition round (see Rule 21), that timekeepers use traditional stopwatches for this task unless an unexpected battery or similar emergency related to a stopwatch arises on site and on competition day. c. One set of “Time Remaining” cards printed on yellow paper or card stock d. One “Time Card Use” sheet e. Two pencils 2. Enter the round number and team codes in the appropriate space on the time sheet. 3. In the Attorney Task boxes on the Time Sheet, indicate team attorneys presenting each task of the trial by recording “a,” “b,” or “c” in the space below the task number—“a” would signify the first attorney, “b” the second, and “c” the third.
v. 1.0: 10/11/17 109 4. Enter the courtroom and take your position at the end of the jury box, away from any judging panel member. Arrange stopwatches, time cards and Time Card Use sheet. 5. Rise when the judge and jury enter the courtroom and then be seated when the presiding judge grants permission.
During the Trial Round 1. Timekeepers for both squads in a competition round will work together as a neutral “timekeeping team” to insure that time is kept accurately and fairly for both sides in the round. 2. For each task in a trial round, time starts when each attorney starts to speak. (i.e. when the attorney actually speaks the first word of his/her opening, closing or examination question—examples include but are not limited to, “May It Please the Court…”, or “Your Honor, ladies/gentlemen of the jury…” (for openings/closing) or “Please state your name for the court…” (for examination questions)—NOT when an attorney responds to a presiding judge’s inquiry as to whether that side is ready to proceed, asks for permission to reserve time for a rebuttal, asks for permission to use/move a podium, or to swear a witness, etc.). 2. Time stops when the attorney makes the last statement on completion of a given task. 3. Occasions when time is not counted: a. From time witness is called until s/he finishes taking the stand (including the administration of the oath) b. From time an objection is raised until the attorney resumes the task/examination that the objection interrupted c. During the time a judge may raise questions to a team, the panel or the trial coordinator 4. NOTE: Time stops for OBJECTIONS. Timekeepers will stop time when an attorney says, “Objection, Your Honor…”. Timekeepers will re-start time, after the presiding judge’s ruling, when the student attorney says the first word to continue the interrupted task/examination. 5. Time DOES NOT STOP for the introduction of evidence. 6. Reset a stopwatch to zero only at the following times: a. At the beginning of each side’s opening statement b. At the beginning of each side’s direct examination time block c. At the beginning of each side’s cross examination time block d. At the beginning of each side’s closing argument 7. Do NOT reset a stopwatch to zero at any other time. a. Do not reset stopwatch to zero at the end of a direct or cross examination of a particular witness, since the timekeeper may need to resume direct examination timing for redirect questioning, and cross examination timing for re-cross questioning. b. Do not reset stopwatch to zero at the end of the P’s closing argument, since the timekeeper may need to resume the P’s closing argument timing IF the P side gives a portion of their closing before the D side and then must make a rebuttal after the D side has concluded their closing argument. 8. Timekeepers should display time cards simultaneously throughout the round and the cards must be displayed to both squads (attorneys and witnesses) and the presiding judge only at the intervals set out in the Time Card Use table. The STOP card must be displayed to both teams, the presiding judge and to the scoring judges, as well. 9. Timekeepers may not display any additional increments of time (not outlined on the time card use table) to their own team independently of the opposing team’s timekeeper at any time during the trial.
v. 1.0: 10/11/17 110 Discrepancies in Time Between Team Timekeepers During a Trial Round 1. If timing variations of 15 seconds or more occur at the completion of any task of the trial, the timekeepers are to notify the presiding judge that a time discrepancy has occurred. (see Rule 15(f)) 2. Timekeepers may raise time discrepancies of more than 15 seconds at the end of each task during the trial presentation (i.e. at the end of each opening, at the end each witness examination, at the end of each cross examination and at the end of each closing argument). 3. To do this, one timekeeper will politely gain the presiding judge’s attention and state: “Your honor, under Rule 15(f), there is a time discrepancy of more than 15 seconds.” 4. The presiding judge will likely ask for an explanation of the discrepancy and will then rule on the time discrepancy before the trial continues. The presiding judge has the option to rule on the discrepancy without any explanation of why it occurred. 5. Timekeepers will synchronize their stopwatches to match the ruling of the presiding judge. (i.e. if the P team’s stopwatch indicates that the P team has 2 minutes left in the direct examination block and the D team’s stopwatch indicates that time has expired for the P team in the direct examination block, the presiding judge MIGHT decide to split the difference in the timing variation and give the P team 1 minute to conclude the direct examination. The D timekeeper would adjust timing to allow for the 1-minute decision.) 6. Any discrepancy between timekeepers of less than 15 seconds will not be considered a violation. 7. No time disputes will be entertained after the trial concludes. 8. The decisions of the presiding judge regarding the resolution of timing disputes are final.
Things to Remember During a Trial Round 1. The presiding judge has sole discretion to grant time extensions. 2. If time has expired and an attorney continues without permission from the Court, the timekeepers should indicate so on the timesheet and should continue holding the STOP card until the overage is acknowledged and dealt with by the presiding judge. (see Rule 15(e)) 3. The time sequence listed gives the maximum time limits per trial segment (see Rule 14). Time not used in one segment may not be applied to any other segment of the trial.
Concluding a Trial Round 1. After the round concludes, add up the time used for each side and sign the time sheet. 2. Politely obtain the presiding judge’s attention and turn in the time sheet before the presiding judge retires to the scoring room. No matter the confusion, timekeepers must deliver their time sheets to the presiding judge immediately after the trial round has concluded. 3. If an “inside the bar” dispute is raised at the conclusion of the trial round, a presiding judge may request that timekeepers time portions of the dispute procedure. 4. Reset the stopwatch to zero in order to time the debriefing session. 5. Politely remind the presiding judge that both timekeepers will be timing the debriefing and that a maximum of 10 minutes is allotted to that portion of the round. 6. Signal the presiding judge with the STOP card when the 10 minutes for debriefing has elapsed. 7. When the debriefing session has ended and the presiding judge has released both teams, timekeepers should help the teams straighten up the courtroom for the next round.
v. 1.0: 10/11/17 111 TIME CARD USE CHART Georgia Mock Trial Competition
For Direct Examination (25 minutes total) When your stopwatch says Hold up the timecard that says 5:00 20:00 10:00 15:00 15:00 10:00 20:00 5:00 21:00 4:00 22:00 3:00 23:00 2:00 24:00 1:00 24:20 0:40 24:40 0:20 24:45 0:15 24:50 0:10 24:55 0:05 25:00 STOP
For Cross Examination (20 minutes total) When your stopwatch says Hold up the timecard that says 5:00 15:00 10:00 10:00 15:00 5:00 16:00 4:00 17:00 3:00 18:00 2:00 19:00 1:00 19:20 0:40 19:40 0:20 19:45 0:15 19:50 0:10 19:55 0:05 20:00 STOP v. 1.0: 10/11/17 112 For Opening Statements & Closing Arguments (5 minutes each) When your stopwatch says Hold up the timecard that says 1:00 4:00 2:00 3:00 3:00 2:00 4:00 1:00 4:20 0:40 4:40 0:20 4:45 0:15 4:50 0:10 4:55 0:05 5:00 STOP
The time sheet and the timecard templates can be found under the FORMS LINK in the secure Team Information section of the website.
Timecards must be printed on yellow paper or card stock.
v. 1.0: 10/11/17 113 Explanation of the Performance Ratings Used on the Mock Trial Ballot
Individual participants will be rated on a scale of 1-10 speaker points, according to their role(s) in the trial. The scoring evaluator is scoring INDIVIDUAL PERFORMANCE in each speaker category and TEAM PERFORMANCE in the Team Points and Total Points boxes. The scoring evaluator is NOT scoring the legal merits of the case. Scoring evaluators are strongly encouraged to exercise their OPTION of recognizing outstanding individual performance by honoring one OUTSTANDING ATTORNEY and one OUTSTANDING WITNESS per competition round. This would be a joint decision of the majority of the judging panel, including all scoring evaluators and the presiding judge. The appropriate certificates should be completed and signed by the judging panel and returned to the trial coordinator for distribution during the awards ceremony. Scoring evaluators may individually consider penalties for violation(s) of the Rules of the Competition or the Code of Ethical Conduct. Penalties would reduce point awards in the appropriate performance categories below. Penalties will not be indicated separately on the ballot. Please see Rule 27 for the treatment of rule infractions.
POINT(S) PERFORMANCE CRITERIA FOR EVALUATING STUDENT PERFORMANCE
9 – 10 Outstanding Superior qualities listed for 7-8 points performance. Additionally, thinks well on feet, is logical, keeps poise under duress. Can sort essential from nonessential and use time effectively to accomplish major objectives. Demonstrates the unique ability to utilize all resources to emphasize vital points of the trial. 7 – 8 Excellent Fluent, persuasive, clear and understandable. Organizes materials and thoughts well and exhibits mastery of the case and materials. 5 – 6 Good Good, solid, but less than spectacular performance. Can perform outside the script but with less confidence than when using script. Logic and organization are adequate, but not outstanding. Grasps major aspects of the case, but does not convey mastery of it. Communications are clear and understandable, but could be stronger in fluency and persuasiveness. 3 – 4 Fair Minimally informed and prepared. Performance is passable, but lacks depth in terms of knowledge of task and materials. Communication lacks clarity and conviction. 1 – 2 Not Effective Unsure of self, illogical, uninformed, not prepared, speaks incoherently, definitely ineffective in communication
On a scale of 1-10 (with 10 being the highest), rate the performance of the town teams in the categories on the ballot. Each category is to be evaluated separately. DO NOT GIVE FRACTIONAL POINTS. After scoring speaker points for individuals, award 1-10 points to each team as the team award. Each scoring evaluator should consider “6” as the average team award, with reductions made for team penalties and additions for outstanding team performance. Please see Rule 27 for the treatment of rule infractions.
Teams MAY NOT receive the same team point award, and the final total must not be the same for each team. Ties are NOT ALLOWED in the Team Points or Final Total boxes. The team with the largest number of total points on the scoresheet wins the judge’s ballot. The team with the largest number of ballots per courtroom wins the courtroom. Scoring evaluators are reminded to total all scores and sign the ballot.
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Contact the Mock Trial Office for More Information
Michael Nixon, Director 404/527-8779 [email protected] www.georgiamocktrial.org
Sponsored by the Young Lawyers Division of the State Bar of Georgia