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No. CR-01-2020 DAPHNE BLAKE § IN THE DISTRICT Plaintiff, § COURT § § v. § IN AND FOR § § § § SALLY MCKNIGHT § CRYSTAL COVE Defendant. § COUNTY, § LONE STAR Prepared by Conner Haugen & Kalle Riner Texas Tech University School of Law ’20 3311 18th Street Lubbock, TX 79409 Copyright 2020 All Rights Reserved This case file was commissioned by the Texas Tech Board of Barristers for the Spring 2020 1L Mock Trial Competition. STATEMENT OF THE CASE This is a civil case for Intentional Infliction of Emotional Distress brought by Daphne Blake against Sally “Thorn” McKnight for kidnapping. Daphne Blake has been an investigator in Crystal Cove for 6 years and has put away numerous dangerous criminals during her time. Ms. Blake is what some would call a drifter, going from town to town investigating the latest mystery. Rightfully so, she has a few enemies. On July 13, 2018, Daphne Blake was kidnapped by a masked assailant. Locked in a concrete prison, Daphne never saw the face of her kidnapper but did observe the mannerisms and physical attributes of the criminal. As she sat in her underground cell, she realized she had an opportunity to escape. That plan succeeded when her kidnapper entered the cage to bring breakfast and Daphne hit him/her over the head with a blunt object. Fred Jones is Daphne’s best friend and long-time therapist. Not surprisingly, Fred often sits and helps Daphne mull through the trauma that she experiences from her job. According to Fred, Daphne’s kidnapping is affecting her mental state so badly that she is unable to investigate mysteries like she has always loved to do. This is evident through the symptoms that Ms. Blake has been experiencing— including, but not limited to, excessive weight loss, frequent anxiety, screaming in middle of the night, and thoughts of suicide. Fred opines that he has two opinions in this case. First, that there is no question Daphne was kidnapped. Fred was with Daphne on the night of July 13, 2018. They were about to attend the famous Lone Star theme park, Spooky Island, when a late-model van quickly grabbed her and drove off. Fred’s second opinion is that Daphne’s emotional distress stems directly from the kidnapping and false imprisonment. Fred went to Amherst College for his undergraduate studies where he majored in psychology. He then went on to Mount Holyoke graduate school to obtain his master’s in counseling and his license to practice therapy. Eventually, Fred went back to night-school and obtained his PhD in counseling. He then opened shop in Crystal Cove back in 2005. Velma Dinkley is a seasoned SVU investigator. According to her, in the criminal justice system, kidnapping-based offenses are considered especially heinous. In Crystal Cove, the dedicated detectives who investigate these vicious felonies are members of an elite squad known as the Special Victims Unit. Following is Velma’s story. Velma has been looking into the mysteries of Crystal Cove since 1978 when she was a brand-new officer. Over that period, she has investigated 49 mysterious disappearances and solved all 49. Crystal Cove knows that if they have a monster lurking amongst their city, Velma is the person to call. 2 She will testify that it would have been impossible for Sally to kidnap Daphne—she had a broken leg! Additionally, that Sally played 4 concerts during this time and was touring the road on her “Spooky-Wooky” tour. Because Sally would have been physically incapable of kidnapping Daphne, she firmly believes that Sally was not involved. With no DNA evidence and no physical description of the assailant’s face, Velma holds firm in her position. Norville “Shaggy” Rogers has been friends with Daphne since they were tots. Daphne has since been betrayed by Shaggy when she found out he will be testifying against her. Shaggy just knows that even if he loses their relationship, he has to tell the truth. No longer does Daphne let him come around on her people-hunting parties, AKA catching the criminals. Despite that, Shaggy’s testimony is paramount to understanding the self-centered Daphne. Ever since they were children, Daphne was always looking for attention and this time was no different. Shaggy doubts that the kidnapping ever actually happened. In fact, she has made up a similar story in the past to bring Fred back into her life. All of this alleged depression and made-up kidnapping story is so that Fred will stop cheating on her and tend to her fragile ego. Whatever happened, it feels like a repeat of the past. Its just that this time, she filed civil charges against the one person that Fred was sleeping with, Ms. Sally Thorn McKnight. 3 STIPULATIONS REGARDING EVIDENTIARY MATTERS Procedural Matters 1. Federal Rules of Civil Procedure and Federal Rules of Evidence apply. 2. All witnesses called to testify who have previously identified the parties, other individuals, or tangible evidence in their respective depositions or other testimony can, if asked, identify the same at trial. 3. Each witness who gave a deposition agreed, under oath, at the outset of his/her deposition to give a full and complete description of what occurred and to correct the deposition for inaccuracies and completeness before signing the deposition. 4. All depositions were signed under oath. 5. For the purposes of this competition, no team is permitted to impeach a witness by arguing to the jury that a signature appearing on the deposition does not comport with signatures or initials located on an exhibit. 6. Other than what is supplied in the problem itself, there is nothing exceptional or unusual about the background information of any of the witnesses that would bolster or detract from their credibility. 7. This competition does not permit a listed witness, while testifying, to “invent” an individual not mentioned in this problem and have testimony or evidence offered to the court or jury from that “invented” individual. 8. Each party must call the two witnesses listed as that party’s witnesses on the witness list. 4 9. The four witness roles are not intended to be gender-specific; i.e., a male may play Daphne Blake for a round despite the female gender in the problem. By the same token, teams should make considerable efforts to adapt to the witnesses in each round and refer to their appropriate genders. 10. All exhibits in the file are authentic. In addition, each exhibit contained in the file is the original of that document unless otherwise noted on the exhibit or as established by the evidence. 11. All exhibits are preadmitted. 12. A party may tender an expert during trial. Experts have not previously been tendered as so. Substantive Stipulations 1. The Corona Virus existed during Fred and Daphne’s high school years. 2. The Defendant is present for trial but has elected not to testify. 3. Fred and Daphne knew each other in high school. 4. If asked, Norville Rogers is able to make an in-court identification of Sally McKnight. 5. Daphne Blake’s sentencing for the perjury conviction is correct according to Lone Star state law. 6. Witnesses have not seen each other’s depositions. 5 WITNESS & EXHIBIT LIST Witnesses for the Plaintiff: 1. Daphne Blake 2. Fred Jones Witnesses for the Defendant: 1. Velma Dinkley 2. Norville Rogers Exhibits 1. Daphne’s Handcuff Injury Photo 2. Broken Femur Photo 3. Conspiracy to Commit Grand Theft Auto Indictment 4. Perjury Conviction 5. Sally’s Medical Records 6. Concert Poster 7. Plane Ticket 8. Nutrition Report 9. Group Text Photo 10. DNA Analysis of Gravel 11. Bloody Glasses Photo 6 No. CR-01-2020 DAPHNE BLAKE § IN THE DISTRICT Plaintiff, § COURT § § v. § IN AND FOR § § § § SALLY MCKNIGHT § CRYSTAL COVE Defendant. § COUNTY, § LONE STAR PLAINTIFF’S ORIGINAL COMPLAINT TO THE HONORABLE JUDGE CHILES: Plaintiff Daphne Blake brings this action against Defendant Sally Thorn McKnight for Intentional Infliction of Emotional Distress. I. Jurisdiction and Venue 1. This is an action for intentional infliction of emotional distress within the jurisdictional limits of this Court. 2. Daphne Blake is a resident of Crystal Cove County, Lone Star. 3. Defendant is a resident of Crystal Cove County, Lone Star. II. Background Facts 4. Daphne Blake has worked as an investigator in Crystal Cove for six years. 5. On July 13, 2018, Daphne Blake visited Spooky Island with her friend, Fred Jones. 6. Daphne Blake owns a dog named Scooby-Doo. 7. Daphne brought Scooby-Doo to Spooky Island. 1 8. On July 13, 2018, Daphne was approached and abducted by two masked assailants. 9. The assailants drove a late-model van and placed Daphne in the van after abducting her. 10. Daphne was taken to an unknown location and chained to a wall with her feet tied by rope. 11. Daphne was missing for twenty-three days until she escaped. 12. Daphne escaped by hitting the Defendant over the head with a plastic tray. 13. Daphne found her way back to Crystal Cove and immediately went to the hospital. Fred met her there. III. Intentional Infliction of Emotional Distress 14. Daphne recognized the voice and mannerisms of her abducted to be those of Sally Thorn McKnight. 15. The Defendant was the perpetrator who abducted Daphne from Spooky Island. 16. The Defendant intended to abduct and keep Daphne for twenty-three days. 17. The Defendant acted with extreme and outrageous conduct by keeping Daphne chained, starved, and confined. 18. Daphne experienced physical and emotional manifestations as a result of being kidnapped by the Defendant. 2 IV. Jury Demand 19. Plaintiff hereby requests a trial by jury.

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