Mock+Trial+Stuff

Linor 11-19-07 //__Opening Statement__//

May I proceed your honor? Your honor, my name is Linor, attorney for the State of New Justice. My colleagues are Airhead101 and tsoccer20.

The defendants, Pat Dowling and Jesse Dubois may seem like innocent little children at first glance. These so called “innocent children” are actually law-breaking vandals who vandalize cemeteries for enjoyment. We believe that Pat Dowling and Jesse Dubois are guilty and are responsible for the vandalism of that night.

Deputy Sheriff Reece Mathewson responded to the call of the vandalism the night of September 28, 2006 in the Mortis County Cemetery. Officer Mathewson is an expert in the field of fingerprint and shoe analysis. Substantial physical and testimonial evidence which corroborates the story of prosecution witness Shelby Cullom. He will also testify that investigators found incontrovertible evidence, fingerprints and footprints, which match those of the two defendants, near damaged gravestones.

Tracy Ferris, employee of the Mortis County Cemetery was a witness to the events that night. She will testify that she saw three figures jumping over the walk in gate and then saw a car with three kids in it, which was later tied to the suspects. In addition, Ferris found gravestones that had been pushed over and otherwise damaged.

Miss Shelby Cullom, an outstanding student of Herndon High School and a scholarship winner, was a party to the defendants' cemetery scheme, was at the cemetery that night, and witnessed the actions of the two defendants there. In addition, Shelby will testify to the two defendants wiped their sneakers on monuments thus defacing them. We will show that as Shelby was walking away to go back to the car as Pat and Jesse caught up to her, they implicitly admitted to the vandalism. Finally we will show that Cullom’s testimony is well corroborated by the physical evidence.

Jesse Dubois, also a student at Herndon High School, was there at the cemetery that night. We will show that Jesse and the others had premeditated this act. In addition, Pat and Shelby gathered at Jesse's house the night of the vandalism, so that the three of them could commit those acts.

Pat Dowling a student with a checkered past is yet another student at Herndon High school who was at the cemetery. We will show that Mr./Mrs. Dowling is bias against Shelby Cullom. We will show that the conspirators planned to go to the cemetery the night of question. We will also show that Mr. Dowling does admit to making physical contact and possibly damaging monuments, that night.

Mr./Mrs. Lee Dubois, the parent of Jesse Dubois is convinced that Jesse, Pat and Shelby were all in the basement and up to no mischief that night. However, we will show that Mr./Mrs. Dubois was actually asleep at the time of the vandalism. We will also show that Jesse had invited Pat and Shelby over to Mr./Mrs. Dubois's ahead of time. The conspirators were all together on the night of September 28, a mere five blocks away. In addition, Mr./Mrs. Dubois will testify that he was awoken by some sort of noise, after the vandalism took place. We will also show that Mr./Mrs. Dubois only noticed Jesse's muddy work boots, the morning after the mayhem.

Your honor, after hearing all of the evidence in this case, we ask that you find the defendants, Pat Dowling and Jessie Dubois, guilty of Vandalism of a Cemetery, Criminal Defacement to Property, and Criminal Trespass of a cemetery. Thank you your honor.

1. Could the weather have damaged the stones that day? No because I remember that the stones were not damaged before I saw the figures.
 * __Re-Direct__**

2. How long were you able to make out the figures? There was a security light over the area where the figures were.

3. Could the damage to the gravestones have been natural? It is possible but when you look at the damage you could tell it wasn’t natural.

Jonathan Blythe 10-19-07

__Direct-Tracy Ferris__ Tracy Ferris. I work at the Mortis County Cemetery. I have been working at the cemetery for about 25 years now. I work usually three nights a week as a night watchman at the Mortis County Cemetery. My shifts are twelve hours long every night. I arrive approximately at the cemetery at 6:00 pm and I leave at 6:00 pm. No one is with me except my dog when I do my watch. Yes I am since I have been working there for so long. I’m very familiar with the placement of the gravestones and monuments since I’ve worked there for so long. I can tell you where pretty much every gravestone is. If you asked where the Shelby Cullom Monument was I could easily tell you where it is and I will tell you, it is by the walk in gate. My route is always different. It depends on where I feel like going. Sometimes I go one way sometimes I go another. I really can’t predict where I’ll go next.
 * May I proceed you honor?**
 * 1.)** Can you please state your name?
 * 2.)** Where do you work?
 * 3.)** How long have you worked at the cemetery?
 * 4.)** How many days a week do you work at the cemetery?
 * 5.)** How long are your shifts?
 * 6.)** What time do you arrive at the cemetery and when do you leave?
 * 7.)** Who is with you when you do your watch?
 * 8.)** Are you pretty familiar with the graveyards management?
 * 9.)** How familiar are you with the placement of all of the gravestones and monuments?
 * 9.)** What is your usual route around the cemetery?
 * Now to the night of the vandalism.**

It was around 12:00. I had been on my shift for about six hours. I knew that someone was in the cemetery when Wolf started acting all funny. He pulled me towards the walk-in gate and I saw three figures climbing over the fence. I’m guessing they got spooked when they heard Wolf barking. I saw three figures climbing the gate fence. Yes because they climbed the fence so fast as if they were on fire. I remember a plaid jacket. One of the teenagers that had jumped the fence was wearing that jacket and also I saw the same jacket on a teenager when a car sped by. When the police came Wolf found a swatch of cloth that matched that one of the teenager in the car and the figure that had jumped over the fence. Yes, S and C were the only letters that I could catch before the car sped away. I gave those letters to the police.
 * 10.)** At what time did you notice that somebody other then you was in the cemetery?
 * 11.)** How many figures did you see that night?
 * 12.)** By the way those three figures appeared, would you say that they were young?
 * 12a.)** Were there any pieces of clothing that the figures were wearing that you can remember?
 * 13.)** Did you see any part of the jacket after the three figures ran away?
 * 14.)** You mentioned a car. Did you see any of the license plate’s letters or numbers?
 * No further questions your honor.**

__Cross- Pat Dowling__ Yes. Yes. Your honor, This evidence is to show Dowling’s lack of credibility. Shop-Lifting is dishonest behavior and is not legal. If we have a witness that has had prior dishonesty, she/he might be dishonest now and that hurts his/her credibility.
 * May I proceed your honor?**
 * 1.)** Your name is Pat Dowling, correct?
 * 2.)** You stated that you have been caught shoplifting, is that true?

Yes. Yes. Yes. I don’t know. Yes. No. No. Yes. Yes. Yes we did. Yes. Yes. Maybe once or twice. I don't think so.
 * 3.)** You are a senior at Herndon High school, correct?
 * 4a.)** You were in on the planning to go to the cemetery, correct? YesorNoPlease
 * 4b.)** You said you only were there to look, correct?
 * 4c.)** If you were only there to look why would your fingerprints be all over the place?
 * 5a.)** You __claim__ that you planned to take rubbings from the monuments, correct?
 * 5b.)** But you didn’t though, did you? Yes or No Please.
 * 5c.)** You didn’t even bring paper did you? Yes or No Please
 * 6.**)**** You went to the cemetery with Dubois and Cullom at one point, correct?
 * 7.)** You went to see your ancestors' graves, correct?
 * 8.)** Did you find the monuments you were looking for?
 * 9.)** It was muddy that day, correct?
 * 10.)** You walked around the area where the damage occurred, correct?
 * 11.)** Did you slip and fall into any monuments?
 * 12.)** Did you cause any damage when you fell?

Yes. Your honor, there isn’t a rule in the Mock Trial Rules about speculation. Rule 102 on pg. 10 states: An objection which is not based upon those rules shall not be considered by the court. The opposing council might be thinking of opinion. Rule 501 on pg. 2 states: For the mock trial purposes, most witnesses are non-experts. If a witness is a not testifying as an expert, the witness’ testimony in the form of opinions is limited to opinions which are rationally based on what the witness saw or heard and which are helpful in explaining the witness’ testimony. Further more Rule 303 on pg. 2 states: Inferences from Affidavits: The teams are limited to facts in the record and any reasonable inferences therefrom.
 * 13a.)** Is it possible that you might have damaged the monuments?

Yes. Yes. No. Yes. Yes. No.
 * 13b.)** In your testimony you state that you don’t remember the monuments moving __much__, is that correct?
 * 13c.)** So they did move, correct?
 * 14.)** But you didn't tell anyone, did you?
 * 15a.)** **You claim that trees __might__ have kept the rain from washing the fingerprints away, correct?**
 * Yes.**
 * 15b.)** **So you are not sure whether they could have been washed away?**
 * No.**
 * 16.)** It says here that you will try almost anything that is legal. Is that true?
 * 17.)** Isn't it true that you have been caught shoplifting?
 * 18.)** Is shoplifting legal?


 * No further questions your honor.**

Order of Witnesses

A. Shelby Cullom 2) lost student ID in cemetery 3) scraped mud off shoes on marker with seat 4) went to Cullom, Dowling and Dubois marker 5) tripped on gravestone tearing piece of cloth from jacket 6) as walked away, heard jesse and pat saying they'll never be able to pin that one on us 7) had nothing to do with destruction of cemetery besides tripping on gravestone** B. Tracy Ferris Your info C. Reece Mathewson 2.) Expert in finger and shoe print anaylsis 3.) Finger and footprints found on stones and all around stones 4.) Damaged Headstones in vicinity were intruder were supposedly loitering. 5.) Culloms fingerprints were not found on the walk in gate 6.) Monuments broken, smeared with mud, scratched, 7.) Cullom did plea agreement 8.) Posted hours (Criminal Trespass) Side Note: General Notes. You need to go in detail** D. Jesse Dubois 2.) Pat had trouble in school, shoplifted 3.) Pat and Jesse like to have fun 4.) No houses around and no one was at cemetary 5.) Rain could have washed away foot, finger, mud from daytime visit 6.) Jesse said that there was a Governer's monument but, there is none Side Note: General Notes. You need to go in detail** E. Pat Dowling Your info F. Lee Dubois 2. stayed up rather late 3. didn't hear anything from kids for rest of evening after went up to bedroom 4. thinks a noise may have awaken him/her in morning at 3:12 AM 5. muddy boots at foot of basement 6. Jesse said they hadn't got much sleep**
 * 1) good student
 * 1.) Employed for 15 years and 2 citations of excellence
 * 1.) Was there during day time
 * 1. Jesse invited Pat and Shelby over for night