The People of Allegheny County

th 9 Grade Civics The People of Allegheny County 2 vs. Pat Haines3 Table of ContentsMock Trial Fact Situation……………………………………………………………………….. 3What You Will Be Arguing…………………………………………………………………...... 6Prosecution Witness Statements……………………………………………………………. 7Defense Witness Statements…………………………………………………………………..18Evidence……………………………………………………………………………………………… 334 The Form and Substance of a Trial...... 36Role Description…………………………………………………………………………………… 37Procedures for Presenting a Mock Trial Case…………………………………………. 39Mock Trial Simplified Rules of Evidence………………………………………………… 44Allowable Evidentiary Objections………………………………………………………….. 46Allowable Objections for Inappropriately Phrased Questions…………………. 50Summary of Allowable Evidentiary Objections………………………………………. 545 6 7 Mock Trial Fact Situation8 After deciding to have some carpentry and woodwork done in the basement of his house, Pat Haines was very anxious to get the best deal possible and asked a number of friends for suggestions. Pat’s friend, Jackie Thomas, recommended Pat call the New Start Job Skills Center. Jackie had used New Start employees the previous year to perform remodeling work on his home. Jackie explained toPat Haines that New Start’s work force was drawn largely from youths in the community who had been disadvantaged in one way or another. By training these disadvantaged youths in different job skills, Jackie explained to Pat that New Start had the capability to begin most projects almost immediately at very competitive prices, and had established a reputation for high quality work because its employees took their jobs very seriously. Pat Haines was very anxious to get the project at his home started as quickly as possible and called New Start the following day, March 14, 20___. 9 The New Start contact that Pat Haines spoke to that day was Lee Chang. Lee Chang was responsible for assigning jobs to New Start employees and serving as the contact person should any problems arise during the performance of the assigned job. Lee informed Pat Haines that an employee, Jordan Davis, would be available to start the project at M__. Haines’ home the following Monday if Pat was interested.In response to Pat Haines inquires, Lee Chang explained that Jordan Davis had hung out with a tough crowd throughout his High School career and that he had never graduated. In addition, Lee Chang informed Pat that Jordan Davis had been working for the New Start for approximately one year, had worked on a number of jobs, and that he had never received a complaint about Jordan from 10 any of his customers. In addition, Lee Chang mentioned to Pat Haines that Jordan Davis was a very competent carpenter with a particular talent for cutting intricate designs in wood. Pat Haines was wary about Jordan Davis’ past and asked Lee Chang about the risks of having “juvenile delinquents” working in one’s home. Lee Chang reiterated to M__. Haines that Jordan Davis had no problems on any previous jobs, and reassured Pat the New Start employees were trustworthy. Pat Haines still seemed hesitant, but once Lee Chang quoted a very reasonable price for the job and repeated that the work could begin the following Monday morning, Pat Haines decided to go ahead with the project. th On Monday, March 18 , at 9:00 am, Jordan Davis arrived at Pat Haines home. Jackie Thomas, Pat’s friend, was there when Jordan arrived. Jackie greeted Jordan warmly, but from the start, there 11 was instant tension between Pat Haines and Jordan Davis. Because Pat worked and would therefore be away from house for most of the day, Jordan Davis asked Pat for an extra key in case he was inadvertently locked out. Pat refused, and informed Mr. Davis that the next-door neighbor, Gail Perez, had a key if necessary. Pat Haines’ home was set up so that upon entry into the home through the front door, the stairs down to the basement were located on the right, while the main body of the house stretched out on the ground floor. A second floor contained a bedroom, a study, and a bathroom. When Pat th arrived home at lunch time on Tuesday, March 19 , Jordan was coming out of the kitchen with a glass of ice water. Because Pat Haines had many valuable possessions on ground floor, Pat was very angry 12 to find Jordan there. Pat instructed Jordan Davis to remain downstairs in the basement from then on, and, instructed Jordan that if he got thirsty, to use the sink downstairs. th On Wednesday morning, March 20 , concerned that Jordan Davis may not heed the instructions given to him the day before, Pat Haines asked his neighbor, Gail Perez, to keep an eye on Jordan and the house during the day. While observing Jordan Davis that day, Gail Perez noticed that Jordan carried a large hunting knife in a sheath on his left hip, hidden by his work smock. In addition, Gail witnesses Jordan, who was right-handed, fool with his knife through his entire lunch break.Upon returning home that night, Gail Perez informed Pat Haines about Jordan’s hunting knife. After hearing this news, Pat asked Gail to keep an even closer eye on Jordan over the net couple of days and Gail agreed. Concerned, Pat Haines called his friend Jackie Thomas and asked if Jackie knew 13 anything about the knife. Jackie informed Pat that Jordan had not carried the knife all the time while working at Jackie’s home, but that Jordan certainly did know how to use it. st On Thursday evening, March 21 , after talking to Gail and being informed that Jordan Davis had once again brought his knife to work with him; Pat Haines went to Sunuva Guns and Ammo where he was a regular customer. Pat owned a 9mm MAC 10 pistol and enjoyed firing his weapon at the local firing range or in the country from time to time. After chatting with the owner Kim Gerson for a while, Pat Haines purchased two boxes of ammunition. nd On Friday afternoon, March 22 , Pat Haines, who had been regularly checking the ground floor rooms for missing items regularly since Jordan Davis began working there, made a particularly close inspection of the Civil War era toy soldier collection on display in the living room. The fairly 14 large collection underwent constant changes as Pat borrowed, lent, and traded pieces with other collectors regularly. At the conclusion of the inspection, Pat Haines concluded that a set of four soldiers and a cannon were missing from the collection. Assuming that that they had been taken by Jordan Davis, Pat deducted $100.00 from Jordan’s paycheck.Meanwhile, after completing the job at Pat Haines home on Friday afternoon, Jordan returned to the New Start offices with his paycheck in a sealed envelope. Upon opening the envelope and finding that it was $100.00 less than the agreed upon amount, Jordan Davis called Pat Haines to find out why. With Lee Chang present, Jordan and Pat argued heatedly over the phone about the missing soldiers and check. At the conclusion of the phone call, nothing had been resolved and both parties were very angry. 15 After eating dinner with Jordan Davis, Lee Chang drove him to Pat Haines’ home at 2439 Fowler Avenue. They arrived at approximately 8:10 p.m. Once parked outside the home, Jordan Davis exited the passenger side of Lee Chang’s car while Lee waited. Jordan, still in clad overalls and work smock, began to stride up the walk towards the porch lit front door of Pat’s house. Just as Jordan Davis approached the front porch, Pat Haines opened the front door about halfway and stood there. Jordan stopped and the two began to converse. Bits of the conversation were heard by both Lee Chang and Kelly Trumbo, Pat Haines’ friend who was in the home, standing at the living room window. The conversation was bitter in nature. It was full of hostility and mutual accusations. Pat shouted at Jordan, who responded forcefully. Jordan’s right arm rose while he quickly turned. A shot blazed from the doorway, and as Jordan Davis clutched at a hip, a second shot was quickly fired. Lee 16 Chang, watching the incident from the car, was momentarily stunned. Lee started the car, raced to the nearest phone booth and called the police to report the shooting and Pat Haines’ home. Officers Corey Delgado and Jackie Lazar were patrolling just two blocks away and immediately took the call from the dispatcher. They arrived approximately four minutes after the shots were fired.As the officers approached Pat Haines’ home, they found the dead body of Jordan Davis lying face down, on the walkway, approximately twelve feet from the front entrance. They were then approached by Kelly Trumbo who came out the front door holding a MAC 10 9mm pistol, by the butt, with two fingers. Kelly told the officers that Pat Haines had shot Jordan Davis and then gave her the gun. In addition, Kelly Trumbo told the officers that she was in the process of calling 911 when they 17 arrived. When the officers asked Kelley Trumbo if anyone had touched the body, Kelly, who had kept a constant watch over Jordan’s body, stated that nobody had gone near it and that Jordan had not moved at all since falling. When asked about the whereabouts of Pat Haines, Kelley Trumbo informedOfficer Delgado that Pat had just taken off towards the back of the house right as the patrol car arrived. Officer Lazar took the gun into his possession and remained at the front of the house with Kelley Trumbo while Officer Delgado ran to the back of the house. Once there, Officer Delgado found Pat Haines in the middle of the backyard, walking dazedly, and breathing heavily. Upon seeing OfficerDelgado approach, Pat stated, “I had to shoot. There was a knife.” Officer Delgado then escorted Pat Haines back to the front of the house. Officer Delgado then instructed Officer Lazar to check the body 18 and the area around Jordan Davis to see if he could find a knife. After inspection, Officer Lazar informed Officer Delgado that there was no knife to found on, or in the immediate vicinity of the body. The victim was however carrying an empty knife sheath on the left hip. While Officer Lazar called the homicide unit, Officer Delgado handcuffed and arrested Pat Haines. Pat Haines was administered his Miranda Right and then asked by Officer Delgado whether the MAC 10 9mm pistol used in the shooting had been registered and found out that it had not. While the County Coroner performed an examination of Jordan Davis’ body, Officer Delgado, upon receivingPat Haines’ consent, searched the premises. The officer found two 9mm shell casings on the floor of the home just inside the front door. Outside the discovery of the shell casings, nothing unusual was found either in the home or the front yard. 19 The County Coroner determined that Jordan Davis had been killed almost instantly by a single shot which severed his aorta. The bullet entered the right side of Jordan Davis’ body and exited his left. The police interviewed both witnesses to the crime, Kelley Trumbo, Pat’s diner guest, and Lee Chang, who had returned after fleeing to call police. Upon completion of these interviews the authorities left the scene. 20 EVIDENCE: The Prosecution is responsible for bringing the evidence to Trial1) Map of the crime scene2) Coroner’s diagram of body3) Photo of GunSTIPULATIONS: Both sides stipulate that:21 1) The weapon in question is a MAC 10 (a semiautomatic pistol firing a 9mm round) as specified in the statute.2) Pat Haines is the owner of the MAC 10 in question and the gun is in fact not registered as required by the statute.3) The wounds suffered by the victim were in fact caused by the shots fired by the defendant as described in the Mock Trial Fact Situation4) The bullet found in the tree was the bullet that killed Jordan Davis5) No Miranda problem exists in this case because Pat Haines lawfully waved his right to counsel.22 What You Will Be Arguing23 CHARGES: The Prosecution is charging the Pat Haines with First Degree murder. (Pennsylvania Penal Code Section 192 (a)) First Degree Murder: An intentional killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated action.(killing a human being with intent & planning)24 SELF-DEFENSE: The defendant may invoke the right of self-defense under Pennsylvania Penal Code Section 197 (2) as a defense to the charge of First Degree Murder. Self-Defense requires that, at the time of the killing, the defendant had a real fear of serious bodily injury and that the circumstances must be such as to give reasonable cause for such belief. In other words, it is not enough that the defendant 25 believe himself or herself to be in peril, but a reasonable person in the same circumstances would have to have a similar belief.It is not essential that the victim should have had or attempted to use a weapon to enable a defendant to claim self-defense. But if the defendant uses more force than is necessary to meet the perceived danger, or if the defendant resorts to self-defense to inflict vengeance rather than to repel violence, then the justification for self-defense will not stand. Threats alone will not justify the taking of another’s life in self-defense, but evidence or testimony that the victim made prior threats against the defendant is 26 admissible to support a claim of self-defense if there is evidence tending to show that the victim had the intent to attack the defendant at the time of the killing. Additionally, if it is doubtful whether the defendant was justified in believing herself or himself in to be in imminent danger at the hands of the victim, evidence as to the reputation (good or bad) of the victim is admissible, as long as it can be shown that the defendant had knowledge of such reputation.27 BURDEN OF PROOF: The burden of showing that a killing was justifiable through self-defense rests on the defense. The defense is not required to prove self-defense by a preponderance of the evidence, but need simply create a reasonable doubt in the minds of the jury as to his or her guilt. On the other hand, the prosecution must prove beyond a reasonable doubt that the defendant was not justified in taking the victim’s life.28 29 PROSECUTION ATTORNEYS______30 __________________Prosecution Witness: Kim Gerson, Co-Owner of Sunuva Guns & Ammo 31 To Be Questioned By: ______Played By: ______1 My name is Kim Gerson. I am 31 years old. I am a co-owner of Sunuva Guns2 & Ammo, which my partners and I opened four years ago. Pat Haines come into 3 my shop to buy ammo fairly regularly throughout the year, and we are friendly 32 4 on this casual basis.5 I don’t know whether it’s just a result of being in a gun shop or what, but I 6 find that some of my customers seem to adopt a tough, fairly aggressive attitude 7 when they’re in here. They aren’t necessarily rude or aggressive to me 8 personally. It’s just that they seem to swagger and strut a little more as they are 9 browsing or inquiring about some merchandise. A good example is Pat Haines, 10 who was really on a roll on the night of March 21, 20___. I remember Pat’s visit 11 pretty well, because it was a slow night and I found Pat to be particularly 12 entertaining.33 13 Pat’s main subject that night was “victims.” Pat spoke of having a lot of 14 respect for people who stood up for themselves. Pat boasted that any thugs who 15 sought to take advantage of Pat would surely regret it. Then Pat talked about 16 some young kid who seemed to be looking for trouble at Pat’s house. Pat assured17 me that the kid might just find more trouble than he had been bargaining for. Pat18 was really warmed up by then.19 Next it was Pat’s dad who got a working over. From the way Pat talked 20 about him, the poor man was always letting people slide if they were a little 34 21 short on cash when paying for their meals. Pat talked about how his father was 22 constantly bullied by hustlers and held up by young punks. According to Pat, his 23 father qualified for the “Victims’ Hall of Fame.” Then Pat slammed down 24 slammed down one of the boxes of ammunition I had just gotten off the shelf and25 proclaimed, “ I loved my father, but I’ll never allow myself to be victimized like 26 that. Anybody who tries to take me for a fool had better watch out because I’ll 27 act first and ask questions later!”28 I just laughed and called Pat “one tough cookie.” Pat paid for the two boxes29 of ammunition, grabbed them off the counter, thanked me, and said something 35 30 about how there wasn’t a knife blade in the world that could stand up to a gun in31 the hands of someone who knew how to use it. I didn’t have a clue what Pat was 32 talking about, but I had enjoyed our little chat so I just agreed wholeheartedly 33 and thanked Pat for coming in. Pat wished me a good night and left.________________________36 ______________________________________________________37 ______________________________________________________38 ______________________________________________________39 ______________________________________________________40 ______________________________Prosecution Witness: Lee Chang, Manager/Contact Person for New Start Job Skills Ctr.To Be Questioned By: ______41 Played By: ______1 My name is Lee Chang. I am 27 years old. I have worked at the New Start 2 Job Skills Center for almost three years. Before that, I worked at Crisis Hotline 3 after graduating from college. Jordan Davis was a good kid, but the product of a 4 fractured family and one of the countless casualties of as overburdened public5 school system. When two of the kids in the tough crowd Jordan hung out with 6 started working for New Start a couple of years ago, they were scorned by 42 7 almost everybody in the group. Jordan, however, stayed in touch with both of8 them. Soon after, Jordan decided to begin training at New Start himself. Jordan’s 9 love for construction, and specifically woodworking, were evident almost 10 immediately. In that specific area, Jordan Davis quickly became one of our best 11 workers.12 Pat Haines seemed intimidated by Jordan right from the start. Jordan had 13 the kind of physical appearance that might make some people uncomfortable 14 and was quiet by nature. 43 15 When Pat Haines and I spoke for the first time after Pat met Jordan, I tried 16 to advise Pat not to overreact. I advised Pat Haines to judge Jordan Davis only by 17 the quality of his work, but obviously Pat wasn’t listening. Looking back now, I 18 realize it was foolish of me not to see that someone like Pat, who would 19 immediately jump to the conclusion that all our employees were “juvenile 20 delinquents,” would hardly be able to treat Jordan fairly. And Jordan Davis 21 wasn’t treated fairly. Jordan informed me of several examples of Pat’s profound 22 distrust and disrespect for him. Pat wouldn’t provide Jordan with a key in case 23 Jordan got locked out, and Pat expected him to stay in the basement the whole 44 24 time he worked on Pat’s house. Pat made Jordan feel like such an intruder that 25 one afternoon when Pat wasn’t there, Jordan really had to use the bathroom, but 26 couldn’t use the one in the basement because it was filled with lumber. Jordan 27 told me he waited until the last possible minute and sprinted upstairs into the 28 bathroom, used it, and sprinted back downstairs, afraid that Pat would come 29 home and make an issue of it. Jordan even became convinced that the next-door 30 neighbor might be spying on him because the neighbor spent so much time in 31 the shrubbery outside the den window. 45 32 Jordan returned to the office about 5:25on Friday, March 22. After opening33 the envelope Pat had given him for completion of the job, Jordan noticed Pat’s 34 check was $100.00 short of what they had agreed to. Jordan phoned Pat and 35 explained that there must have been a mistake. Pat exploded. I could hear Pat’s 36 voice through the receiver from two desks away. It seemed Pat was accusing 37 Jordan of having stolen some pieces from a precious collection of Pat’s. At first, 38 Jordan seemed bewildered, then grew very angry as Pat refused to listen to 39 Jordan’s assurance of having done no such thing. Jordan wanted to go over to 40 Pat’s house to work things out, but Pat just screamed at Jordan not to come 46 41 without the missing pieces and hung up. 42 I insisted to Jordan that we go eat some dinner first, and I listened as he let43 off some steam. Jordan was still determined to go to Pat’s house, but promised 44 he would try to be as cool and professional as possible. I realized Jordan was 45 going to go to Pat’s house with me or without me, and while I would not 46 normally go to a customer’s house like that on a Friday evening, I felt that it 47 would be better for everyone if I was there. Jordan carried a knife sometimes to 48 practicing carving, and to be on the safe side I asked if Jordan had it now. Jordan 49 told me that he did, so I asked him to leave it at the office. Jordan said, “Sure, I 47 50 don’t want any trouble.” and immediately took the knife out and put it on my 51 desk. I placed it in a drawer and we left.52 As we turned down Pat’s street, Jordan mentioned wanting to deal with 53 Pat alone to work things out. I thought that showed a lot of maturity on Jordan’s 54 part, so I agreed, but I told him if that didn’t work out to come back to the car 55 and get me and that I would try. Jordan agreed and climbed out of the car.56 When I saw the door open only halfway as Jordan was going up the walk, I 57 got an uneasy feeling. I could only hear snippets of the conversation, but enough 58 to tell it wasn’t going well. I heard Pat call Jordan a thief and a liar and say 48 59 something about not being afraid of Jordan. Then Jordan shouted something 60 final at Pat and started to turn to come back to the car to get me, I assumed. All of 61 a sudden, I saw and heard two blasts from the doorway and I saw Jordan jerk 62 and then fall like a rock. I realized that Pat Haines had just shot my friend and 63 from the way Jordan fell, it looked like Jordan was dead. I raced the car to the 64 phone booth a block and a half away and called the police, telling them that Pat 65 had just killed Jordan and where. I didn’t know how dangerous Pat was, so I 49 66 waited until I heard the police sirens and saw the car pull up before I went back. 67 When I got back to the house, I saw that Jordan was in fact dead. I waited while 68 the police arrested and took Pat away. Then the coroner came and examined 69 Jordan’s body, and the police talked to somebody who had been in the house and70 to me. After that I went home nearly in shook. ____________50 ______________________________________________________51 ______________________________________________________52 ______________________________________________________53 ______________________________________________________54 ________________________________________________55 ______________________________Prosecution Witness: Corey Delgado, West Mifflin Police Officer To Be Questioned By: ______56 Played By: ______EXPERT WITNESS1 My name is Corey Delgado. I am 28 years old. I have been a patrolman for 2 the West Mifflin Police Department for five years. I have been teamed with my 3 partner, Jackie Lazar, for the past three years.4 On Friday, March 22, 20_____, at 8:10 p.m., my partner and I took a call 57 5 from the dispatcher about a shooting at 2439 Fowler Avenue. We were cruising 6 two blocks away at the time, and arrived at the scene about one minute after 7 taking the call. As we arrived, we observed a body, subsequently identified as 8 that of Jordan Davis, lying face down on the walkway leading to the front door, 9 approximately 12 feet from the entrance. I bent over the body to check for any 10 sign of life. There was none. Kelly Trumbo came through the open front door, 11 holding a pistol out by the barrel with two fingers. Officer Lazar took the gun 12 from Kelly Trumbo as I verified that Jordan Davis was in fact dead. Kelly Trumbo13 informed us that Pat Haines, the owner of the home, had shot Jordan Davis. 58 14 Trumbo had gotten the gun from Pat and checked on Jordan to try and help. 15 Trumbo had not been able to do anything for the deceased, but had kept an eye 16 on the body the whole time. Kelly Trumbo had been calling the police when we 17 arrived. 18 Kelly informed us that Pat Haines had taken off toward the back of the 19 house just prior to our arrival. I left Officer Lazar with Kelly Trumbo and went 20 around the side of the house towards the back yard. I found the Pat Haines in the21 middle of the backyard, in what appeared to be a confused state. Pat Haines’ first22 words to me as I approached were “I had to shoot. There was a knife.” Pat 59 23 appeared to be a little dazed, but was well aware of what had happened. I 24 checked to make sure that Pat Haines was unarmed and then we headed back to 25 the front of the house. As we walked, Pat Haines told me that the two of them 26 had an argument over something allegedly stolen from the home of Pat Haines 27 by Jordan Davis. Pat then told me that Mr. Davis reached for a large knife to 28 attack Pat with and that’s when Pat Haines had to shoot. Pat told me that I could 29 find the knife in a sheath on Mr. Davis’ left hip.60 30 When we got back to the body lying in front of the house, I asked Officer 31 Lazar to examine the body of the deceased and the surrounding area for a knife, 32 but all he found was an empty sheath attached to Jordan Davis’ left hip. There 33 was no evidence of a knife to be found. Upon hearing the news that no knife was 34 found on Jordan Davis, Pat Haines protested that there must be a knife. 35 After verifying with Kelly Trumbo that no one else besides her had been 36 near the body, I arrested and administered the Miranda warning to Pat Haines. I 37 asked Pat if the MAC 10 9mm pistol had been registered in accordance with38 Pennsylvania law and Pat Haines replied that it hadn’t. Pat made no further 61 39 statements.40 After placing Pat Haines in the back seat of my cruiser, I investigated the 41 premises. I found two shell casings lying on the floor just inside the front door, 42 and the phone off the hook, but nothing else. Upon the subsequent search of the 43 second floor, I found one full box and one partially full box of bullets on a shelf in44 the study. Further investigations disclosed a bullet lodged in the trunk of a tree 45 at the end of the front walk. The bullet was removed and held for testing. 62 ______________________________________________________63 ______________________________________________________64 ______________________________________________________65 ______________________________________________________66 ______________________________________________________67 ______________________________________________________68 ______________________________________________________69 ______________________________________________________70 ____________Prosecution Witness: Lyn Kowalski, Medical Examiner, Allegheny County Coroner’s OfficeTo Be Questioned By: ______Played By: ______71 EXPERT WITNESS1 My name is Lyn Kowalski. I am 35 years old. I work as a Medical Examiner 2 for the Allegheny County Coroner’s Office. I have worked there for five years. I 3 began working as soon as I finished my residency and passed the boards. For 4 many aspiring doctors, this may seem like one of the least attractive career5 options, but I have found the work in the Coroner’s Office to be interesting and 6 rewarding.72 7 My job is to determine the manner, cause, and circumstance of death for 8 each body I examine. My examination of the deceased, identified as Jordan Davis 9 by his next of kin, performed on the night of March 22, 20____ revealed that the 10 deceased died from massive loss of blood resulting from the passage of a 9mm 11 bullet which passed through the ribcage. The bullet entered the body on the 12 right side and exited the body on the left side. The bullet punctured the 13 deceased’s aorta during its passage through the body. This bullet wound led 14 directly to the massive hemorrhaging from which Jordan Davis died. Death 73 15 would have resulted from within minutes of the shooting. There were no other 16 wounds, bruises, or abrasions found on the body during my examination. The 17 angle and nature of the entrance and exit wounds indicate that the bullet was 18 fired from approximately 3.5 feet above the ground and from a distance of 19 between eight and twelve feet. There is no evidence of a second bullet entering 20 the body of the deceased at any point, and only one bullet was recovered from 21 the surrounding area. A 9mm bullet matching the weapon taken from the scene 22 was found lodged in a tree in the front yard. 74 ______________________________________________________75 ______________________________________________________76 ______________________________________________________77 ______________________________________________________78 ______________________________________________________79 ________________________________________________80 DEFENSE ATTORNEYS________________________81 Defense Witness: Gail Perez, Defendant’s Neighbor To Be Questioned By: ______Played By: ______82 1 My name is Gail Perez. I am 38 years old. I am a free-lance writer and work2 at home. I write mostly about computer software. I had just hit a relatively slow 3 period in my work when Pat Haines asked me whether I might just be able to 4 keep an eye on the kid who was doing some carpentry work in Pat’s basement. I 5 agreed to Pat’s request because I wasn’t very busy.6 By opening the window above the desk in my study I can see over the 7 hedge and through Pat’s basement windows. I can’t see that much of the den, 83 8 which takes up most of the basement floor, but I have a good view of the bottom 9 of the stairs. I can take in much more of the den by setting myself up at any of the10 several different spots along the hedge between our houses. Using all these 11 vantage points, I would check out what was happening pretty constantly, 12 although I certainly didn’t spend each minute that Pat was gone monitoring 13 every movement in the house.14 The one thing I noticed more than anything else while watching Jordan 15 Davis was the knife. I couldn’t usually see it because Jordan’s work smock came 16 down over it, but Jordan would take the jacket off during lunch breaks. That’s 84 17 when it was most noticeable in the fancy sheath he wore on his left hip. For 18 three days in a row I watched Jordan fool with that knife all the way through his 19 lunch break. Jordan would sharpen it, rub it with an oiled cloth, sharpen it some 20 more and then use it on whatever was lying around. He would do things like 21 slice paper into tiny strips, carve designs into little pieces of scrap wood, dice a 22 sandwich into two dozen little pieces, and things like that. In addition Jordan 23 was always playing with it, twirling it between fingers or tossing it quickly back 24 and forth from one hand to the other. I would get mesmerized just observing 85 25 this, and then I would remember that this was a knife he was playing with, and I 26 would get upset. It just seemed so dangerous. 27 Sometimes Jordan would take a little break from working and do the knife 28 business again. It seemed that if Jordan just lifted up the bottom left end of the 29 smock, he could easily just dip a hand into the hip area and when it came back 30 out, there was the knife. I informed Pat about the knife and what I had seen 31 Jordan doing with it. I made sure Pat realized that this wasn’t just some kid 32 carrying a Swiss Army Knife around, but, at the same time, I hadn’t seen Jordan 33 Davis doing anything wrong and I didn’t want to create a false alarm. As I was 86 34 talking, Pat’s eyes widened, but when I finished Pat took a couple of deep 35 breaths and then assured me that it was much better to know about this and 36 thanked me for the information. I felt bad about having caused my neighbor to 37 worry, so when Pat asked that I keep an even closer eye on Jordan from then on, 38 I said sure. I think I ended up being too obvious, though, because on Friday 39 afternoon I was out at the hedge and Jordan just stood in the middle of the den, 40 hands on hips, and stared daggers out the window for almost a full minute. 41 Because of the light on the glass of the window, I couldn’t be completely sure 87 42 that Jordan knew I was there and was staring at me, but I went back to the house43 and stayed there the rest of the day.__________________________________________88 ______________________________________________________89 ______________________________________________________90 ______________________________________________________91 ______________________________________________________92 ______________________________________________________93 ______________________________________________________94 ______________________________________________________95 ________________________________________________Defense Witness: Jackie Thomas, Friend of the Defendant/New Start Job Ctr. Customer96 To Be Questioned By: ______Played By: ______1 My name is Jackie Thomas. I am 26 years old. I work as an assistant 2 manager and shuttle driver at a local hotel. I have been friends with Pat Haines 3 since I first moved here at the age of seventeen. I wish I had never opened my 97 4 mouth to Pat about the New Start Job Center. Then none of this would have 5 happened.6 I had some carpentry work done by two New Start employees on my own 7 home last year, one of whom was Jordan Davis. I had no problems with the job 8 at all. The kids were pretty young, but they knew what they were doing and they 9 worked hard. I got along with them really well, too. That s why when Pat 10 mentioned wanting to get a good deal on a cabinetmaking job, I immediately 11 thought of New Start. Pat was very enthusiastic about getting the job started 12 right away, but had reservations about New Start’s employees from the 98 13 beginning. Pat has always been much more suspicious than I am of anyone who 14 comes form outside the mainstream. In the end though, Pat just couldn’t resist 15 the idea of having all the work in his home done within a week, and decided to 16 try and forget any misgivings about New Starts employees.17 I was at Pat’s house on Monday when Jordan got there, and right away it 18 was pretty clear that these two were not exactly going to be buddies. First of all, 19 Jordan had a scruffy appearance, which I could tell made Pat tense. Secondly, 20 although I already knew that Jordan was by nature a quite person, when dealing 21 with Pat that morning Jordan seemed almost sullen, and Jordan should probably 99 22 have known better than to ask Pat for a key to the house before Pat even had a 23 chance to see that Jordan could be trusted. I went home that day just hoping that24 things would get better between them.25 It was pretty evident that things certainly had not gotten better when26 called me on Wednesday night. Pat sounding both angry and anxious. Pat said 27 that not only had Jordan been caught in parts of the house which were off limits, 28 but Pat’s next-door neighbor had seen Jordan carrying a big hunting knife 100 29 around and doing things which certainly showed that Jordan knew how to use it.30 I laughed and said that, indeed, Jordan certainly did know how to use his knife. I 31 told Pat that once during a break in the work at my house, Jordan had showed 32 me a number of knife tricks. I told Pat how Jordan had twirled the knife on the 33 edge of his finger, and showed me this hot-dog move where, with his back facing 34 a tree, Jordan turned, whipped the knife from its sheath like a six-gun, and 35 flung it into a tree, hitting the tree dead center. I told Pat not to worry though, 36 because although Jordan should probably be in the circus, I didn’t think that he 37 would ever draw his knife on another human being. Also, Jordan only had the 101 38 knife at my house a couple of the days they worked, not all the time. Pat didn’t 39 really seem convinced, but I just figured it would all blow over. What a mistake.______________________________102 ______________________________________________________103 ______________________________________________________104 ______________________________________________________105 ______________________________________________________106 ______________________________________________________107 ______________________________________________________108 ______________________________________________________109 ______________________________________________________110 __________________Defense Witness: Kelly Trumbo, Friend of Defendant/ Crime Scene Witness To Be Questioned By: ______Played By: ______111 1 My name is Kelly Trumbo. I am 23 years old. I work at a record store 2 which my family started 27 years ago. I’ve known Pat Haines for a long time 3 because my family’s record store is right next to what used to be Pat’s dad’s 4 coffee shop. 5 As soon as I arrived at Pat’s house for dinner on Friday, March 22, 20_____, 6 I could tell that there was something seriously wrong. For one thing, Pat was 7 completely unprepared for my visit, which was extremely unusual, since Pat is a 8 very punctual and meticulous person. I also couldn’t help but noticing how 112 9 distracted and agitated Pat was that night. As we were making dinner, Pat told 10 me what was going on. Pat had reluctantly agreed to let some scruffy young kid 11 do some carpentry work in the basement. Pat didn’t trust this rude kid, Jordan 12 Davis, for a second. Pat had also found out that this Jordan kid was handy with a 13 knife, and had gotten more and more concerned.14 Just that afternoon, Pat had discovered some pieces of the toy soldier 15 collection missing. That must have driven Pat crazy, because that collection was 16 Pat’s favorite thing in the whole world. Every time Pat borrowed, bought, or 113 17 traded for a new piece or set, we all ad to hear about it constantly. Sometimes it 18 seemed that Pat acquired or gave up a new piece practically every day. I 19 mentioned the possibility that someone else might have the missing pieces, but 20 Pat would have none of it.21 We were drinking coffee after dinner when a car pulled up and someone 22 got out. Pat jumped up, looked out the window and said, “That’s Jordan. Stay 23 right here.” As Pat ran to the front door, I watched Jordan, who did look pretty 24 determined, striding up the front sidewalk. I then heard the front door open and 25 Pat said something. Jordan stopped a couple of yards or so from the front door. I 114 26 couldn’t see Pat from where I was, but I could see Jordan clearly. The window I 27 was standing next to was open just enough so that I could hear most of what 28 Jordan was saying, although what Pat said was not as clear because there was a 29 wall between us. It was pretty clear they were arguing about the soldiers and the30 money. Then, Pat said something to Jordan Davis about the knife, and Jordan 31 smiled in a creepy way and replied, “You’re scared, aren’t you.” to Pat. That 32 exchange was followed by Jordan muttering something else and Pat shouting 33 that Jordan was a thief and a liar. They were both really steaming. Then Jordan 34 yelled something like, “I’ve had it” or “I’ve had enough” and began to turn to his 115 35 left. That’s when I heard a shot and saw Jordan jerk and then heard another shot 36 real fast. I yelled “Pat!” and went running to the front door. Pat stood there 37 holding the pistol in his right hand. Pat looked kind of dazed and said something 38 about a knife. I looked out the door and Jordan was lying motionless on the front 39 walkway. I immediately asked Pat for the gun and got no response. I then asked 40 Pat a second time, louder, and Pat handed it to me without saying anything. 41 Once I had the gun, I told Pat, “We’ve got to call the Police. Sit down and try42 to collect yourself.” I walked out to where Jordan Davis had fallen to see if I could116 43 do anything to help. He made no movements and no sounds. I felt to see if Jordan44 had a pulse but didn’t find one. I immediately got up, walked back to the front 45 door and grabbed the phone from the desk inside the door. I kept watching 46 Jordan’s body the whole time.47 As I was about to dial 911, Pat, who had been sitting quietly on the floor 48 next to the front door, all of a sudden swept past me towards the back of the 49 house. As I watched Pat walk, I heard the sirens screaming and a car screech to 50 halt in front of the house. When the Officers approached, I took the gun from the 51 desk where I had put it and I walked outside to give it to them. Once they took 117 52 the gun from me, I proceeded to tell them what happened. 53 I told the first officer that Pat had just gone to the back of the house, and 54 that Pat had shot Jordan. I then proceeded to tell them that Pat thought Jordan 55 had a knife, but when they searched Jordan’s body, they only found the empty 56 sheath. There was no knife. After the police had arrested Pat and questioned me, 57 they let me go home. 118 ______________________________________________________119 ______________________________________________________120 ______________________________________________________121 ______________________________________________________122 ______________________________________________________123 ________________________________________________124 ________________________________________________125 ____________Defense Witness: Pat Haines, Defendant, Charged with First Degree Murder To Be Questioned By: ______Played By: ______126 1 My name is Pat Haines. I am 28 years old. I work as a residual real estate 2 broker. I have lived by myself in my house since my father died a year and a half 3 ago. My dad owned a coffee shop in town for 35 years and held onto it even 4 when the neighborhood deteriorated all around him. He was too nice for his own5 good. People were always bilking him or robbing him, and he just took it without6 ever fighting back. I always vowed to never allow myself to be treated that way. 7 In March 20____, I decided that I’d redo the basement of my house and I 8 that I needed some carpentry work done. From my first meeting with Jordan 127 9 Davis, I wasn’t comfortable about hiring him. As soon as I had heard about the 10 type of young, tough people they were training at New Start Job Skills Center, I 11 was very uneasy about letting one of these kids into my house, but my friend 12 Jackie Thomas said that Jordan was a good carpenter and had presented no 13 problems while working at Jackie’s house. Besides that, I was pressed for time 14 and knew I could get the job started and finished much faster with New Start. So,15 unfortunately, I agreed to hire Jordan Davis. th 16 When Jordan Davis arrived at my home on the morning of March 18 , I 17 could tell almost immediately that this kid was walking around with a major 128 18 league grudge against the world. Jordan was scruffy and would grunt out one-19 word answers whenever I asked him a direct question. My friend Jackie Thomas,20 who was at my home that morning, tried to reassure me by saying that Jordan 21 was just quiet by nature, but this behavior was more than that. Even Jackie was 22 taken back by the sheer nerve of Jordan to ask me for an extra key to my house, 23 just because I was going to be away at work during the day. Since I hardly knew 24 this kid, I of course said no and told Jordan to use my next-door neighbor Gail 25 Perez’s spare key if he needed one. Upon hearing that, Jordan gave me a stare 26 that was just plain scary. It was as though little switchblades were coming 129 27 straight out of Jordan’s eyes. For the rest of the day, I couldn’t help thinking 28 about that look. 29 On Tuesday afternoon, I came home to grab some lunch and caught Jordan 30 coming out of my kitchen with a glass of ice water. I thought I had made it clear 31 to Jordan that he was to remain downstairs in the basement at all times. I was 32 really anger. Although the only response I got from Jordan was a dirty look, I 33 made sure the message for him to stay downstairs got through loud and clear 34 this time.130 35 On Wednesday morning, I could hardly concentrate on what I was doing at36 work because I was so worried about leaving Jordan alone in my house. I 37 couldn’t trust Jordan to stay in the basement as I had instructed. I have a lot of 38 valuable possessions upstairs, including a unique collection of Civil War era, 39 hand-crafted toy soldiers on display in my living room. Because I was so 40 worried, I asked my neighbor Gail Perez to keep an eye on the house throughout 41 the day. Our houses are situated in a way so that Gail has a pretty good view 42 through my downstairs window and into the den where most of the work was 43 being done. 131 44 That night when I got home, Gail told me that Jordan Davis carried a knife. 45 I told Gail that I hadn’t noticed it, and Gail told me that’s because Jordan kept it 46 hidden under his work clothes. Gail proceeded to inform me that Jordan would 47 spend up to half an hour on his lunch break just fooling around with his knife. 48 Gail said Jordan would sharpen it and then slice and dice sandwiches and pieces 49 of paper. Knowledge of the knife Jordan was carrying really bothered me. 50 Concerned, I called to ask if Jackie Thomas knew anything about this knife 51 stuff, and by the time our conversation was over, I felt even worse. Apparently, 132 52 Jordan had given Jackie a demonstration of the kinds of things Jordan could do 53 with his knife. Jackie seemed to think that this was no big deal. When I heard 54 that Jordan could not only handle the knife with deadly expertise, but could face 55 the other way and turn and throw the knife with total accuracy, I got really 56 worried. 57 Thursday night after work, I went over to Sunuva Guns & Ammo to get 58 ammunition for my MAC 10 9mm pistol. I bought it a couple of years ago. I use it 59 to shoot at the shooting range or in the country a few times a year. I was out of 60 bullets and was planning to take up target shooting again. I had a nice 133 61 conversation with Kim Gerson while I was there and felt a lot better by the time I62 left the shop.63 On Friday afternoon, my suspicions about Jordan Davis were confirmed. I 64 regularly checked the upstairs of my home when I returned after being out, and 65 that day I made an especially thorough inspection of my Civil War toy collection. 66 I noticed that a set of four soldiers and a cannon were missing. I was enraged 67 and ripped up the check I was going to give Jordan. I wrote another one, but this 68 time I wrote it for $100 dollars less. The set was worth at least that much to me, 69 and I wanted to make it clear that I knew what Jordan had done. 134 70 About ah hour after Jordan Davis left my home that day, he called 71 pretending not to know what had happened and saying that there was a 72 “mistake” with the check. I replied that Jordan knew there was no mistake. I told 73 him that it was disgusting to come into my house to work, steal from my 74 collection, and still ask for the rest of the money. Of course Jordan denied 75 stealing anything and then spoke of coming to my house to straighten everything76 out. I warned him not to come over without the pieces of my collection that he 77 had stolen and an apology. Before hanging up, Jordan made a comment that 135 78 really bothered me. He told me that, “I was going to pay one way or the other.” I 79 immediately went and put my gun into a drawer in a table next to front door, 80 just in case Jordan did show up looking for trouble.81 My friend Kelly Trumbo came for dinner on Friday night. We were sitting 82 in the living room having coffee a little past 8 p.m. when a car pulled up in front 83 of the house. When Jordan Davis jumped out of the passenger side door, I 84 assumed that the driver was one of his cronies. I told Kelly to stay put. I ran to 85 the front door, grabbing my gun on the way. I opened the door about halfway 136 86 just as Jordan was getting to the porch. I told Jordan to stop right there. He was 87 wearing the same work smock as always, and I could see the telltale bulge on 88 Jordan’s left hip. I didn’t think there was any other reason for Jordan to still have 89 the smock on if not to hide the knife. 90 I asked Jordan for the Civil War pieces of my collection back, but Jordan 91 ignored me and demanded the money. I told him there would be no money until 92 he acknowledged the theft and returned the pieces. Jordan called me a liar and 93 started to step forward. I warned him to stay right there, told him that I knew 94 about, and that I was ready to protect myself. Jordan responded by telling me 137 95 that I was scared and that I should be. I called Jordan a thief and a liar and told 96 him to get away from my house. Jordan’s responded, “You’re the lying thief. 97 That’s it. I’ve had enough!” While saying this, Jordan turned away and I 98 remembered what Jackie Thomas had said about Jordan throwing his knife and I 99 fired. Jordan jerked and I thought it was to let the knife fly, so I fired again 100 quickly. I’m not that clear on what happened after that. I remember Jordan 101 staggering away and then falling, Kelly yelling, and the car screeching away. I 102 wanted to go get the knife, but I wasn’t sure that Jordan wasn’t still alive. I 138 103 thought he might be faking being dead by lying still. I remember Kelly coming 104 and taking the gun and telling me to sit down. Then, all of a sudden, I felt like I 105 couldn’t breathe and had to get some fresh air. I couldn’t go out the front, so I 106 ran to the backyard. The police showed up and arrested me. They searched the 107 body and surrounding area for the knife. They told me they couldn’t find it, but I 108 could swear it was there.139 ______________________________________________________140 ______________________________________________________141 ______________________________________________________142 ______________________________________________________143 ______________________________________________________144 ________________________________________________145 ______________________________________________________146 ______________________________________________________147 ______________________________________________________148 ______________________________________________________149 ______________________________________________________150 151 Diagram #2: Coroner’s ReportPath of the 9mm. Round152 153 Murder WeaponMAC 10 / 9mm.154 155 The Form and Substance of a TrialI. The Elements of a Criminal OffenseThe penal (or “criminal”) code generally defines two aspects of every crime. These are the physical part and the mental part. Most crimes specify some physical act, such as firing a gun in a crowded room, and a guilty, or culpable, mental state. The intent to commit a crime and a reckless disregard for the consequences of one’s 156 actions are culpable mental states. Bad thoughts alone though, are not enough. A crime requires the union thought and action.The mental state requirements prevent the conviction of an insane person. Such a person cannot form criminal intent and should receive psychological treatment rather than punishment. Also a defendant may justify his/her actions by showing a lack of criminal motivation. For instance, the crime of burglary has two elements: (1) breaking and entering (2) with the intent to steal. A person breaking into a burning house to rescue a baby has not committed burglary. 157 The Presumption of InnocenceOur criminal justice systems in based on the premise that allowing a guilty person to go free is better than putting an innocent person behind bars. For this person, the prosecution bears a heavy burden of proof. Defendants are presumed innocent. The prosecution must convince the judge or jury of guilty beyond reasonable doubt. The Concept of Reasonable Doubt Despite its use in every criminal trial, the term “reasonable doubt” is very hard 158 to define. The concept of reasonable doubt lies somewhere between probability or guilt and lingering possible doubt of guilt. Reasonable doubt exists unless the trier of fact can say that he or she has an abiding conviction, to a moral certainty, of the truth of the charge.A defendant may be found guilty “beyond a reasonable doubt” even though a possible doubt remains in the mind of the judge or junior. Conversely, triers of fact might return a verdict of not guilty while still believing that the defendant probably committed the crime.159 Jurors must often reach verdicts despite contradictory evidence. Two witnesses might give different accounts of the same event. Sometimes a single witness will give a different account of the same event at different times. Such inconsistencies often result from human fallibility rather than intentional lying. The trier of fact (in the Mock Trial Competition, the judge) applies his/her own best judgment in evaluating inconsistent testimony.160 Role DescriptionAttorneysTrial attorneys control the presentation of evidence at trial and argue the merits of their side of the case. They do not themselves supply information about the alleged criminal activity. Instead, they introduce evidence and question witnesses to bring out the full story.The Prosecutor Attorney presents the case for the state against the defendant(s). By questioning witnesses, you will try to convince the judge or jury that the 161 defendant(s) are guilty beyond a reasonable doubt. You will want to suggest a motive for the crime and will try to refute any defense alibis.The Defense Attorney presents the case for the defendant(s). You will offer your own witnesses to present your client’s version of the facts. You may undermine the prosecution’s case by showing that the prosecution witnesses cannot be depended upon or that their testimony makes no sense or is seriously inconsistent.Trial attorneys will: Conduct direct examination 162  Conduct cross-examination  Conduct re-direct examination, if necessary Make appropriate objections. Please note rule #13, appearing on page iv: “Only the direct and cross-examination attorneys for a particular witness may make objections during that testimony. Do the necessary research and be prepared to act as a substitute for any other attorneys. Make opening statements and closing arguments.163 Each student attorney should take an active role in some part of the trial.WitnessesYou will supply the facts in the case. Witnesses may testify only to facts stated in or reasonably implied from the Signed Witness Statements or Fact Situation. Suppose that your witness sheet states that you left Ajax Store and walked to your car. On cross examination, you are asked whether you left the store through the Washington or California Avenue exit. Without any additional facts upon which to base your answer, 164 you could reasonably name either exit in your reply—probably the one closer to your car. Practicing your testimony with your team’s attorney coach and your team attorneys will help you to fill in any gaps in the official materials. Imagine, on the other hand, that your witness sheet included the statement that someone fired a shot through your closed curtains into your living room. If asked whether you saw who shot the gun, you would have to answer, “No”. You could not reasonably claim to have a periscope on the roof or have glimpsed the person through a tear in the curtains. Neither fact could be found in or reasonably implied from the case materials.165 The fact situation is a set of indisputable facts from which witnesses and attorneys may draw reasonable inferences. The witness statements contained in the packet should be viewed as signed statements made to the police by the witnesses as identified. If you are asked a question calling for an answer which cannot reasonably be inferred from the materials provided, you must reply, “I don’t know” or “I can’t remember.” It is up to the attorney to make the appropriate objections when witnesses are asked to testify about something which is not generally known or cannot be reasonably inferred from the fact situation of a signed witness statement.166 Witnesses can be impeached if they contradict the material contained in their witness statements using the procedures as outlined on page 43.BailiffWhen the judge has announced that the trial shall begin, say:“All rise, the Superior Court of the State of Pennsylvania, County of ______, is now in session. The Honorable Judge ______presiding. Please be seated and come to order.”167 When you have brought a witness to testify, you must swear in the witness as follows:“You do solemnly affirm that the testimony you may give in the cause now pending before this court shall be the truth, and nothing but the truth.”168 169 PROCEDURES FOR PRESENTING A MOCK TRIAL CASEIntroduction of Physical Evidence170 Attorneys may introduce physical exhibits, if any, provided that the objects correspond to the description given in the case materials. Below are the steps to follow when introducing physical evidence (clothing, maps, diagrams, etc…). All items are presented prior to trial.1. Present the item to an attorney for the opposing side prior to trial. If that attorney objects to use of the item, the judge will rule whether it fits the official description.171 2. When you first wish to introduce the item during trial, request permission from the judge, “Your Honor, I ask that this item be marked for identification as Exhibit #______.”3. Show item to the witness on the stand. Ask the witness if she/he recognizes the item. If the witness does, ask him/her to explain it or answer questions about it. (Make sure that you show the item to the witness, don’t just point!)172 4. When finished using the item, give it to the judge to examine and hold until needed again by you or another attorney.Moving the Item into EvidenceExhibits must be introduced into evidence if attorneys wish the court to consider the items themselves as evidence, not just the testimony about the exhibits. Attorneys must ask to move the item into evidence at the end of the witness examination.173 1. “Your Honor, I ask that this item (describe) be moved into evidence as People’s (or Defendant’s) Exhibit #______. And request that the Court so admit it.”2. At this point opposing counsel may make any proper objections they may have.3. The judge will then rule on whether the item may be admitted into evidence.The Opening StatementThe opening statement outlines the case as you intend to present it. The prosecution delivers the first opening statement. A defense attorney may follow immediately or 174 delay the opening statement until the prosecution has finished presenting the witnesses. A good opening statement should: Explain what you plan to prove and how you will do it Present the events of the case in an orderly sequence that is easy to understand. Suggest a motive or emphasize a lack of motive for the crime.Begin your statement with a formal address to the judge: 175 “Your Honor, my name is ______(Full Name), the prosecutor representing the People of the State of Pennsylvania in this action.” or“Your Honor, my name is ______(Full Name), counsel for ______(defendant) in this action.”176 Proper phrasing includes:“The evidence will indicate that ……..”“The facts will show……..”“Witness ______(name) will be called to tell……..”“The defendant will testify that ……….”Direct Examination177 Attorneys conduct direct examinations of their own witnesses to bring out the facts of a case. Direct examination should: Call for answers based on information provided in the case material Reveal all the facts favorable to your position Ask the witness to tell the story rather than using leading questions which call for “yes” or “no” answers. (an opposing attorney may object to the use of leading questions on direct examination)178  Make the witness seem believable Keep the witness from rambling about unimportant matters.Call for witnesses with a formal request:“Your Honor, I would like to call ______to the stand.”The witnesses will then be sworn in before testifying.179 After the witness swears to tell the truth, you may wish to ask some introductory questions to make the witness feel comfortable. Appropriate inquires include: The witness’ name. Length of residence or present employment, if this information helps to establish the witness’ credibility. Further questions about professional qualifications are necessary if you wish to qualify the witness as an expert.180 Examples of proper questions on direct examination: “Could you please tell the court what occurred on ______(date)?” “What happened after the defendant slapped you?” “How long did you see………?” “Did anyone do anything while you waited?” “How long did you remain in that spot?”181 Conclude your direct examination with:“Thank you, Mr./Mrs./Ms. ______. That will be all Your Honor.”Cross-ExaminationCross-Examination follows the opposing attorney’s direct examination of hi/her witness. Attorneys conduct cross-examinations to explore weaknesses in the 182 opponent’s case, test the witness’ credibility, and establish some of the facts of the cross-examiner’s case whenever possible. Cross-examination should: Call for answers based on information given in Witness Sheets or Fact Situation. Use leading questions which are designed to get “yes” or “no” answers. Never give the witness a chance to unpleasantly surprise the attorney.183 In an actual trial, cross-examination is restricted to the scope of issues raised on direct examination. Because Mock Trial attorneys are not permitted to call opposing witnesses on their own, the scope of cross-examination in a Mock Trial is not limited.Examples of proper questions on cross-examination: “Isn’t a fact that…….?” “Wouldn’t you agree that…….?”  “Don’t you think that ………?”184  When you spoke with your neighbor on the night of the murder, weren’t you wearing a red shirt?”Cross-examination should conclude with:“Thank you, Mr./Ms./Mrs. ______. That will be all Your Honor.”Re-Direct Examination185 Following cross-examination, the counsel who called the witness may conduct re-direct examination. Attorneys re-direct examination to clarify new (unexpected) issues or facts brought out in the immediately preceding cross-examination only. They may not bring up any issue brought out during direct examination. Attorneys may or may not want to conduct re-direct examination. If an attorney asks questions beyond the issue raised on cross-examination, they objected to as “outside the scope of cross- examination.” It is sometimes more beneficial not to conduct it for a particular witness.The attorneys will have to pay close attention to what is said during the cross-186 examination of their witness, so that they may decide whether it is necessary to conduct re-direct examination.If the credibility or reputation for truthfulness of the witness has been attacked on cross-examination during re-direct, the attorney whose witness has been damaged may wish to “save” the witness. These questions should be limited to the damage the attorney thinks had been done and should enhance the witness’ truth-telling image in the eyes of the court.187 Closing Arguments (Summation)A good closing argument summarizes the case in the light most favorable to your position. The prosecution delivers the first closing argument. The closing argument of the defense attorney concludes the presentation. A good closing argument should: Be spontaneous synthesizing what actually happened in court rather than being “pre-packaged”188  Be emotionally charged and strongly appealing (unlike the calm opening statement) Emphasize the facts which support the claims of your side, but not raise new facts. Summarize the favorable testimony Attempt to reconcile inconsistencies that might hurt your side. Be well organized. (Starting and ending with your strongest point helps to structure the presentation and gives you a good introduction and conclusion.)189  The Prosecution should emphasize that the “People” have proven guilt beyond a reasonable doubt. The Defense should raise questions which suggest the continued existence of a reasonable doubt.Proper phrasing includes: “The evidence has clearly shown that ……..” “Based on this testimony, there can be no doubt that……”190  “The prosecution has failed to prove that……” “The defense would have you believe……”Conclude the Argument with an appeal to convict or acquit the defendant191 192 193 194 Mock Trial Simplified Rules of EvidenceCriminal trials are conducted using strict rules of evidence to promote fairness. To participate in a Mock Trial, you will need to know a little about the role that evidence plays in trial procedure.Studying the rules will prepare you to make timely objections, avoid pitfalls in your presentation and understand some of the difficulties that arise in actual cases. 195 The purpose of using rules of evidence in the competition is to structure the presentation to resemble those of an actual trial.Almost every fact stated in the material will be administered under the rules of evidence. All evidence will be admitted unless an attorney objects. Because rules of evidence are so complex, you are not expected to know the fine points. To promote the educational objectives of this program, students are restricted to the use of a select number of evidentiary rules in conducting the trial.196 Reasonable InferenceDue to the nature of the competition, testimony often comes into question as to whether it can be reasonable inferred given facts A, B, C, etc. Consider the following:Defendant while inside a department store puts a necklace into her purse. The security guard sees her. The guard approaches the defendant and says, “I want to talk to you.” The defendant runs away.197 The fact at issue is, did the defendant steal something? The logical inference is that a reasonable person does not run if he/she has nothing to hide. The fact of running away can be used to show the defendant’s state of mind, i.e. that the defendant had a culpable (guilty) mind.The above hypothetical is an example of an accurate use of reasonable inference.It is ultimately the responsibility of the trier of fact to decide what can be reasonably inferred. However, it is the students’ responsibility to work as closely within the fact situation and witness statements as possible.198 199 ObjectionsIt is the responsibility of the party opposing evidence to prevent its admission by a timely and specific objection. Objections not raised in a timely manner are waived. Attorneys can and should object to questions which call for improper answers before the answer is given.200 For the purpose of this competition, teams will be permitted to use only certain types of objections. The allowable objections are summarized below. Other more complex rules may not be raised at trial. As with all objections, the trier of fact will decide whether to allow the testimony, strike it, or simply note the objection for later consideration. Judges’ rulings are final. You must continue the presentation even if you disagree.A proper objection includes the following elements:201 1. attorney addresses the judge,2. attorney indicates that he/she is raising an objection,3. attorney specifies what he/she is objecting to, e.g. the particular word, phrase, or question, and4. attorney specifies the legal grounds that the opposing side is violating.Example: (1) “Your Honor, (2) I object (3) to that question (4) on the grounds that it is compound.”202 203 204 Allowable Evidentiary Objections1. Facts in the RecordOne objection available in the competition which is not an ordinary rule of evidence allows you to stop an opposing witness from creating new facts. If you believe that a witness has gone beyond the information provided in the Fact Situation or Witness Sheet, use the following form of objection:205 “Objection, Your Honor. The answer is creating a material fact which is not in the record.” or“Objection, Your Honor. The question seeks testimony which goes beyond the scope of the record.”2. Relevance206 To be admissible, any offer of evidence must be relevant to an issue in the trial. This rule prevents confusion of the essential facts of the case with details which do not make guilt more or less probable.Either direct or circumstantial evidence may be admitted in court. Direct evidence proves the fact asserted without requiring an inference. A piece of circumstantial evidence is a fact (Fact 1) which, if shown to exist, suggest (implies) the existence of an additional fact (Fact 2), (i.e. If Fact 1, then probably Fact 2). The same evidence may be both direct and circumstantial depending on its use.207 Examples: 1. A witness may say that she saw a man jump from a train. This is direct evidence that the man had been on the train. It is indirect evidence that the man had just held up the passengers.2. Eyewitness testimony that the defendant shot the victim is direct evidence of the defendant’s assault, while testimony establishing that the defendant had a motive to shoot the victim, or that the defendant 208 was seen leaving victim’s apartment with a smoking gun is circumstantial evidence of the defendant’s assault.Form of Objection:“Objection, Your Honor. This testimony is not relevant to the facts of this case. I move that it be stricken from the record.” or“Objection, Your Honor. Counsel’s question calls for irrelevant testimony.”209 3. Laying a Proper FoundationTo establish the relevance of circumstantial, you may need to lay a foundation. Laying a proper foundation is showing that the evidence comes from a source which is legally competent to demonstrate necessary underlying facts. If the opposing attorney objects to your offer of proof on the ground of relevance, the judge may ask you to 210 explain how the offered proof makes guilt more or less probable. Your reply would lay a foundation.Examples: 1. The defendant is charge with stealing a diamond ring. Evidence that the defendant owns a dog is probably not relevant, and if the prosecution objected to this evidence, it would not be admitted.2. In an assault and battery case, evidence that he victim had a limp is probably not relevant to the guilt of the defendant. Laying a foundation 211 by suggesting that the victim fell, rather than being pushed, might make the evidence admissible.Form of Objection:“Objection, Your Honor. There is a lack of foundation.”4. Personal Knowledge212 In addition to relevance, the only other hard and fast requirement for admitting testimony is that the witness must have a personal knowledge of the matter. Only if the witness has directly observed an event may the witness testify about it.Witnesses will sometimes make inferences from what they actually did observe. An attorney may properly object to this type of testimony because the witness has no personal knowledge of the inferred act.213 st Examples: 1. The witness knew the victim and saw her on March 1 . The witness heard on the radio that the victim had been shot on the night March 3. The witness lacks personal knowledge of the shooting and cannot testify about it. 2. From around a corner the witness heard a commotion. Upon investigating, the witness found the victim at the foot of the stairs, and saw the defendant on the landing, smirking. The witness cannot testify 214 over the defense attorney’s objection that the defendant had pushed the victim down the stairs, even though this inference seems obvious. Form of Objection: “Objection, Your Honor. The witness has no personal knowledge to answer that question.” or215 “Your Honor, I move that the witness’s testimony about...... be stricken from the case because the witness has been shown not to have personal knowledge of the matter.” (This motion would follow cross-examination of the witness which revealed the lack of a basis for a previous statement.)5. Character Evidence216 Witnesses generally cannot testify about a person’s character unless character is an issue. Such evidence tends to add nothing to the crucial issues of the case. (The honesty of a witness, however, is one aspect of character always at issue.) In criminal trials, the defense may introduce evidence of the defendant’s good character and, if relevant, show the bad character of a person important to the prosecution’s case. Once the defense introduces evidence of character, the prosecution can try to prove the opposite. These exceptions are allowed in criminal trials as an extra protection against erroneous guilty verdicts.217 Examples: 1) The defendant’s minister testifies that the defendant attends church every week and has a reputation in the community as a law-abiding person. This would be admissible. 2) The prosecutor calls the owner of the defendant’s apartment to testify. She testifies that the defendant often stumbled in drunk at all hours of the night and threw wild parties. This would probably not be admissible unless the defendant had already introduced evidence of good character. Even then, the evidence and the prejudicial nature of the 218 testimony would probably outweigh its probative value making it inadmissible.Form of Objection:“Objection, Your Honor. Character is not an issue here.” or“Objection, Your Honor. The question calls for inadmissible character evidence.”219 6. Opinion/SpeculationWitnesses may not normally give their opinions on the stand. Judges and juries must draw their own conclusions from the evidence. However, estimates of the speed of a moving object or the source of a particular odor are allowable opinions.220 Example: A taxi driver testifies that the defendant looked like the kind of guy who would shoot old people. Counsel could object to this testimony and the judge would require the witness to state the basis for his/her opinion.Form of Objection: “Objection, Your Honor. The question calls for inadmissible opinion testimony (or inadmissible speculation) on the part of the witness. I move that the testimony be stricken from the record.”221 7. HearsayIf a witness offers an out-of-court statement to prove a matter asserted in the witness’ own testimony, the statement is hearsay. Because they are very unreliable, these statements ordinarily may not be used to prove the truth of the witness’ testimony. For the reason of necessity, a set of exceptions allows certain types of hearsay to be introduced. 222 Examples: 1) Joe is being tried for murdering Henry. The witness testifies, “Ellen told me that Joe killed Henry.” If offered to prove that Joe killed Henry, this statement is hearsay and probably would not be admitted over an objection. 2) However, if the witness testifies, “I heard Henry yell to Joe to get out of the way,” this could be admissible. This is an out-of-court statement, but is not offered to prove the truth of its contents. Instead, it is being 223 introduced to show that Henry had warned Joe by shouting. Hearsay is a very tricky subject.Form of Objection:“Objection, Your Honor. Counsel’s question calls for hearsay.” or“Objection, Your Honor. This testimony is hearsay. I move that it be stricken from the record.”224 Allowable Objections for Inappropriately PhrasedQuestions8. Leading Questions225 As a general rule, the direct examiner is prohibited from asking leading questions: he/she cannot ask questions that suggest the desired answer. Leading questions are permitted on cross-examination.Example: Counsel for the plaintiff asks the witness, “During the conversation, didn’t the defendant declare that he would not deliver the merchandise?”226 On the other hand, counsel could rephrase his/her question. “Will you state what, if anything, the defendant said during this conversation, relating to the delivery of the merchandise?”Form of Objection:“Objection, Your Honor. Counsel is leading the witness.”227 9. Argumentative QuestionsAn argumentative question challenges the witness about an inference from the facts in the case.Example: Assume that the witness testifies on direct examination that the defendant’s car was going 80mph just before the collision. You want to impeach that witness with a prior inconsistent statement. On cross-examination, it would 228 be permissible to ask, “Isn’t it true that you told your neighbor, Mrs. Ashton, at a party last Sunday that the defendant’s car was only going 50mph?” The cross-examiner may legitimately attempt to force the witness to concede the historical fact of the prior inconsistent statement. Now assume the witness admits the statement. It would be impermissibly argumentative to ask, “How can you reconcile that statement with your testimony on 229 direct examination?” The cross-examiner is not seeking any additional facts; rather, the cross-examiner is challenging the witness about an inference from the facts. Questions such as “How can you expect the judge to believe that?” are similarly argumentative and objectionable. The attorney may argue the inferences during summation or closing argument, but the attorney must ordinarily restrict his or her questions to those calculated to elicit facts. 230 Form of Objection:“Objection, Your Honor. Counsel is being argumentative.” or“Objection, Your Honor. Counsel is badgering the witness.”10. Asked and Answered231 Asked and answered is just as it states, that a question which had previously been asked and answered is asked again. This can seriously inhibit the effectiveness of a trial.Examples: 1) On Direct Examination – Counsel A asked B, “Did X stop for the stop sign?” B answers, “No he did not.” A then asks, “Let me get your testimony straight. Did X stop for the stop sign?”Counsel for X correctly objects and should be sustained.232BUT: 2) On Cross-Examination – Counsel for X asks B. “Didn’t you tell a police officer after the accident that you weren’t sure whether X failed to stop for the stop sign?” B answers, “I don’t remember.” Counsel for X then asks, “Do you deny telling him that?”Counsel A makes an asked and answered objection. The objection should be overruled. Why? It is sound policy to permit cross-233 examination attorneys to ask the same question more than once to conduct a searching probe of the direct examination testimony.Form of Objection:“Objection, Your Honor. This question has been asked and answered.”Compound Question234 A compound question joins two alternatives with “or” or “and” preventing the interrogation of a witness from being as rapid, distinct, or effective for finding the truth as is reasonably possible.Examples: 1) (Using “Or”) “Did you determine the point of impact (of a collision) from conversations with witnesses, or from physical marks, such as debris in the road?”235 2) (Using “And”) “Did you determine the point of impact from conversations with witnesses and from physical marks, such as debris in the road?”Form of Objection:“Objection, Your Honor, on the ground that this is a compound question.”236 The best response if the objection is sustained on these grounds would be, “YourHonor, I will rephrase the question,” and then break down the question accordingly. Remember, there may be another way to make your point.12. NarrativeA narrative question is one that is too general and calls for the witness in essence to “tell a story” or make a broad-based and unspecific response. The objection 237 is based on the belief that the question seriously inhibits the successful operation of a trial and ultimate search for the truth.Example: The attorney asks A, “Please tell us all of the conversation you had with X before X started the job.”The question is objectionable and the objection should be sustained.Form of Injection:238 “Objection, Your Honor. Counsel’s question calls for a narrative.”13. Non-Responsive WitnessSometimes a witness’s reply is too vague and doesn’t give the details the attorney is asking for or he/she “forgets” the event in question. This is often purposely used by a witness as a tactic in preventing some particular evidence to be brought 239 forth. This is a ploy and the questioning attorney may use this objection to :force” the witness to answer.“Objection, Your Honor. Counsel’s question calls for a narrative.”14. Outside the Scope of Cross-Examination240 Re-Direct examination is limited to issues raised by the opposing attorney on cross-examination. If an attorney asks questions beyond the issues raised on cross, they may be objected to as “outside the scope of cross-examination.”“Objection, Your Honor. Counsel is asking the witness about matters that did not come up in cross-examination.”241 242 243 244 Summary of Allowable Evidentiary Objections1) “Objection, Your Honor. The answer is creating a material fact which is not in the record.” or“Objection, Your Honor. The question seeks testimony which goes beyond the scope of the record.”245 2) “Objection, Your Honor. This testimony is not relevant to the facts of this case. I move that it be stricken from the record.” or“Objection, Your Honor. Counsel’s question calls for irrelevant testimony.”3) “Objection, Your Honor. There is a lack of foundation.”4) “Objection, Your Honor. The witness has no personal knowledge to answer that question.” or246 “Your Honor, I move that the witness’s testimony about...... be stricken from the case because the witness has been shown not to have personal knowledge of the matter.” (This motion would follow cross-examination of the witness which revealed the lack of a basis for a previous statement.)5) “Objection, Your Honor. Character is not an issue here.” or“Objection, Your Honor. The question calls for inadmissible character evidence.”247 6) “Objection, Your Honor. The question calls for inadmissible opinion testimony (or inadmissible speculation) on the part of the witness. I move that the testimony be stricken from the record.”7) “Objection, Your Honor. Counsel’s question calls for hearsay.” or“Objection, Your Honor. This testimony is hearsay. I move that it be stricken from the record.”8) “Objection, Your Honor. Counsel is leading the witness.”248 9) “Objection, Your Honor. Counsel is being argumentative.” or“Objection, Your Honor. Counsel is badgering the witness.”10) “Objection, Your Honor. This question has been asked and answered.”11) “Objection, Your Honor, on the ground that this is a compound question.”12) “Objection, Your Honor. Counsel’s question calls for a narrative.”13) “Objection, Your Honor. Counsel’s question calls for a narrative.”24914) “Objection, Your Honor. Counsel is asking the witness about matters that did not come up in cross-examination.”250

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