From the Classroom

To the Courtroom

Or

How to Prepare and Conduct a Successful Mock Trial for Middle School Students

By

John Stevens

7th Grade Government Teacher

Beth Tfiloh Dahan Community School

Introduction

I am a middle school teacher. More specifically, I am a licensed attorney who gave up the practice of law to teach. I believe that students go to school to become equipped with the information that they will need to have successful careers and lives. Our jobs as teachers are to provide that information in a way that will be interesting, educational, and that they will retain.

I have taught in Jewish day schools for the last 15 years as a 5th, 6th, and 7th grade teacher. My duties now include teaching our middle school government course to 7th grade students. Students in the 7th grade are transitioning from concrete to abstract thinking and are ready to take on the abstractions and nuances of learning about our government and the law. This isn’t, however, law school, and it must be remembered that the audience is, after all, only 12 years old.

Our government class covers the history and content of the United States Constitution and the relevance of the document to students today. It is very important to make that connection of information taught in class to students’ everyday lives, both now and in the future.

One of the ways in which I try to make the information taught in class “come alive” for students and give it “real world” applications is by teaching the spring unit as a sort of mini 7th grade “law school.” We have guests come and talk to the class that include a Secret Service agent who talks about counterfeiting and a police officer who teaches arrest procedures. We cover criminal and civil procedure as

outlined in the Constitution and students are tested in the traditional way over the material.

As a culminating activity for the class, our students prepare for and conduct a mock trial. Students must prepare their opening and closing statements, direct and cross examination questions, and anything else that will be presented in court. Each student participates in both a trial and on a jury for one of the other class trials, thus giving them experience in both areas.

The result of their work is always impressive, to say the least. I have prepared middle school students for mock trials for

approximately 15 years and students always rise to the occasion. The students enjoy the opportunity to see an actual courtroom, talk to a judge, and see actual court proceedings in addition to conducting their own trial.

I have attached the material for how to conduct a mock trial with this introduction. I encourage you as a middle school social studies teacher to “give it a try.” I can assure you that both you and your students will enjoy the experience, and, more importantly, students will learn and retain what they learn.

Links to the actual mock trial and the reading of the verdict by the jury are given below. The enthusiasm of the students in presenting their sides of the case is contagious and I encourage you to watch! (I am very proud of these guys!)

Student Trial:

https://youtu.be/pCP_ao3_SCc

Jury’s Verdict:

https://youtu.be/7rAmdHu0CC4

Unit Plan

I did not write our mock trial unit out in a traditional lesson plan format. I instead wrote in narrative form to allow the reader to see the flow of the process. I hope I have been successful

in this. The unit is a LOT of fun and students both enjoy it and learn a great deal in the process. I strongly encourage you to give it a try!

This mock trial activity is designed for our 7th grade government classes. It is intended to be a culminating activity for our units on civil and criminal justice and the court system. Upon completion of these units in class, students are equipped with the knowledge necessary to take their learning to the next level and apply that learning to a real life setting, an actual courtroom at the county courthouse. In addition to learning in the classroom, our government class takes a tour of the local courthouse prior to our mock trials and visits courtrooms to see how the court system works.

Each of the students in our government classes participates in court as an attorney, witness, judge, or bailiff in a mock criminal trial in an actual courtroom. In addition, each student sits on a jury for one of the mock trials conducted by one of the other government classes, deliberates with the other students on the jury, and renders a verdict in the case.

Our court unit consists of citizen’s rights under the United States Constitution in both civil and criminal trials. Courtroom procedure is part of the unit and students are encouraged to participate in the “truth” of various issues by debates in class as an introduction to the courtroom fact finding process. At the end of the in-class unit, the mock trial activity is introduced.

The student handouts used in one of our jury trials are included in this description of our mock trial. Reference is made to each handout as necessary. A new scenario is written each year and changes from time to time.

Students are initially taught in class about each of the “players” in a courtroom. They receive handout #1 which gives them a description of the role of each player listed. Each player is described in detail and students are allowed to choose the role that they feel best suits them in the trial. I keep track of each student’s role by filling out the matrix that is attached as handout #2.

The prosecution and defense teams are comprised of five or six students who act as attorneys. They are given a form on which the duties of opening statement, direct and cross examination, and closing statement are listed (handout #3.) Each team determines who will perform each task. This allows each student attorney a chance to prepare and preform approximately 3 duties for their side during the trial.

The next handout is the confidentiality agreement, which is handout #4. The classes are taught about attorney/client privilege and the importance of keeping certain information secret. Witnesses are instructed to not disclose anything about their version of the facts in the case unless asked by one of the student attorneys during the “discovery” phase of the activity. All students are required to sign the agreements.

The next phase of preparation is to practice reading a witness statement, finding the important information, and formulating questions for direct and cross examination. This is done with several practice scenarios such as are found in handouts #5 and #6. Students take turns as a witness, and as prosecution and defense attorneys. They learn how to testify in court, and how to conduct a direct and cross examination.

Students also learn about the definition of hearsay and how it applies to testimony in court. Handout #7 is given to each student and is covered in class.

The big day finally arrives and the case is revealed to each class. Each class receives a different set of facts and a totally different case. All students in each class are reminded about confidentiality and that one of the other government classes will be their jury. It is important that the information about the case does not leave the room (except for telling parents, of course!) Copies of each witness statement for the case are included with this unit plan and are labeled “Handouts for Witnesses.” Each handout is labeled either for the prosecution or defense teams.

The prosecution and defense teams are allowed to work separately out of the room and decide who will perform each task. While they are out of the room, each witness receives his or her witness statement and is cautioned that it is to be kept confidential. Each witness has information about the case that can help and/or hurt the prosecution and the defense.

When the class has completed everything up to this point, we begin discovery. Each lawyer is permitted to “question” his or her witness during class and prepare questions to ask in court. Parents who are attorneys often come to our class to help the student attorneys question each witness during “discovery” and formulate what will be said in court. While most of the class is working on discovery, student attorneys who will be giving the opening and closing statements work on what they will say in court.

Once we have finished discovery, we rehearse the trial in class. Secrecy is very important at this point because one of the other government classes will be the jury and they should not find out anything about the case prior to hearing it in court. Each class goes through a dry run of the trial at least twice before we actually go to court.

Finally, the big day arrives and we go to the courthouse. I work with a local judge who is more than happy to “loan” us his courtroom for our trials. He also allows our class to visit his courtroom on an earlier date when he is conducting real court proceedings and students can see first-hand how a trial is conducted in real life.

When we arrive at the courthouse for our mock trials, the judge and courtroom personnel talk to the students about what they do in a trial and their jobs in general. Students then take their places and the trials begin. Parents are encouraged to come and watch their children try a case. We always have a VERY full courtroom!

The mock trial is run by our student judge and bailiff. Students by this point in the process have learned how to conduct a trial and know what to do. The mock trial itself normally takes about an hour.

Once each trial is concluded, the student jury is given the applicable law (handout #8) and retires to the jury deliberation room to discuss the case. They are given 10 minutes to deliberate and the verdict is by majority vote. When the jury returns, the verdict is read to the court. I can’t begin to tell you how invested in the case students become. I have included a link in the introduction portion to video from the case for which I am providing materials to you. Watch the verdict portion of the videos and you will see what I mean!

This activity is a great way to end our unit on criminal and civil law in our government course, and is also a great way to end the year. Students learn from actually seeing real court proceedings AND actually participating in proceedings that are as close to the real thing as possible!

Student Handouts

Handout #1- Trial Personnel

Handout #2- Trial Matrix

Handout #3- Attorney Duties

Handout #4- Ethical Agreement

Handout #5- Practice Witness

Handout #6- Practice Witness Questions

Handout #7- Hearsay

Handout #8- Applicable Law

Handouts for Witnesses

Prosecution-

Officer Brenda May

Larry Stevens

Mike Milleson

Allen Critchlow

Paula Brown

Defense-

Defendant- Mary Stevens

Barbara Jenkins

Bill Button

Bruce Allen

Handout #1

Trial Personnel

Prosecuting Attorney- The prosecuting attorney represents the interests of the people or the state. The office from which the prosecuting attorney works is called the State’s Attorney’s office in the state of Maryland. Other states may call it the office of the District Attorney.

The prosecuting attorney must first determine if he or she believes that there is enough evidence to take a matter to court and prosecute a defendant. If there is enough evidence to make a case, the prosecuting attorney files a complaint on behalf of the state against the defendant. The complaint must allege the crimes of which the defendant is charged.

In the trial itself, the prosecuting attorney represents the interests of the state, and goes first in the trial. Prosecution witnesses are brought into court and testify by the prosecuting attorney questioning each witness. In the questioning, it is important that the prosecuting attorney bring out the case against the defendant in a step by step, sequential manner. After the prosecuting attorney completes the examination of each witness, the defense attorney is allowed to cross examine them.

Defense Attorney- The defense attorney represents the interests of the defendant. This is done through the cross examination of prosecution witnesses, and by putting on a case for the defendant at the conclusion of the prosecution witnesses. The defense attorney will call witnesses to represent the defendant’s side of the story, and will question each witness in the same step by step, sequential manner. The prosecuting attorney has the same right to cross examination of each defense witness as the defense attorney did with the prosecution witnesses.

The defense attorney must represent his or her client to the best of their ability. This means that, although the defense attorney may not like his or her client or not believe in their innocence, they must use their best efforts in representing the defendant.

Defendant- The defendant is the person charged with a crime. The defendant will be charged with the crime by having a complaint filed against them listing the specific crimes with which they are charged. The defendant may have a defense attorney represent him or her, or may choose to represent themself “pro se”, or on their own. A judge may need to approve this wish, and will make a determination that the defendant understands the consequences of representing him or herself.

Judge- The judge is the person responsible with overseeing the trial, and ensuring that the rule of law is followed. The judge will rule on objections by attorneys, admission of evidence, and other matters in the courtroom. The judge is also responsible for instructing the jury, after receiving proposed jury instructions from both parties, and making sure that the jury reaches a verdict within the rule of law.

Jury- A jury is a group of people that are chosen to hear the evidence in a legal matter and come to a decision regarding the issues in the matter based on the evidence presented in the courtroom. It is very important for the jury to remember that they can only consider the evidence presented in the courtroom, and not consider anything else that they may know or have heard. Juries will usually consist of 6 to 12 people, with several alternate jurors involved in the event that a juror becomes ill or otherwise incapacitated.

Witness- A witness is a person who saw something regarding the matter being heard in court, or has some other information relevant to the case. The witness may be an eyewitness to a crime, having actually seen the crime occur. The witness may also be someone acquainted with the defendant who can testify where the defendant was at the time of the crime. Witnesses may also testify to such things as records or documents, and to other matters.

Bailiff- The bailiff is the officer who swears in witnesses and keeps order in the courtroom. He or she follows the orders of the judge if the need arises.

Handout #2

Prosecution Atty #1 Prosecution Atty #2 Prosecution Atty #3 Prosecution Atty #4

Prosecution #5 Prosecution Atty #6 Prosecution Witness #1- Officer Brenda May

Prosecution Witness #2- Larry Stevens

Prosecution Witness #3- Mike Milleson

Prosecution Witness #4- Allen Critchlow

Prosecution Witness #5- Paula Brown

Prosecution Witness #6

Judge- Bailiff

Defense Atty #1 Defense Atty #2 Defense Atty #3 Defense Atty #4

Defense Atty #5 Defense Atty #6 Defendant- Mary Stevens

Defense witness #2- Barbara Jenkins

Defense Witness #3- Bill Button

Defense Witness #4- Bruce Allen

Defense Witness #5-

Handout #3

Attorney Duties Opening Statements

Opening Statement for Prosecution: ____________________

Opening Statement for Defense: _______________________

Prosecution Witnesses1. Officer Brenda May

Direct Examination (prosecution): ____________________

Cross Examination (defense): ________________________

2. Larry Stevens

Direct Examination (prosecution): ____________________

Cross Examination (defense): ________________________

3. Mike Milleson

Direct Examination (prosecution): ____________________

Cross Examination (defense): _______________________

4. Allen Critchlow

Direct Examination (prosecution): ______________________

Cross Examination (defense): __________________________

5. Paula Brown

Direct Examination (prosecution): ______________________

Cross Examination (defense): __________________________

Defense Witnesses1. Mary Stevens (defendant)

Direct Examination (defense): _______________________

Cross Examination (prosecution): ____________________

2. Barbara Jenkins

Direct Examination (defense): _______________________

Cross Examination (prosecution): ____________________

3. Bill Button

Direct Examination (defense): _______________________

Cross Examination (prosecution): ____________________

4. Bruce Allen

Direct Examination (defense): ________________________

Cross Examination (prosecution): _____________________

Closing Statements

Closing Statement for Defense: _______________________

Closing Statement for Prosecution: ____________________

Handout #4

A. CODE OF ETHICAL CONDUCTThe Code of Ethical Conduct governs all participants in the preparation for both mock trials.All participants in the mock trials must adhere to the same high standards ofscholarship that are expected of students in their academic performance. These standards include but are not limited to the following provisions:

I. Attorney team members may, among themselves, communicate before and during the trial; however, no disruptive communication is allowed. No other unauthorized communication between witnesses and attorneys is allowed other than during discovery. All discovery will be conducted under the guidance of Mr. Stevens, and no discovery may occur outside of class. Under no circumstances is any member of either the prosecution or the defense team allowed to disclose any information about the trial to the other side prior to the court date without the approval of Mr. Stevens. Failure to abide by these rules can and will result in immediate disqualification from participation in the mock trial.

II. Non-attorney team members must remain outside the bar in the spectator

section of the courtroom unless called to testify as a witness. All courtroom personnel including the judge and bailiff will be treated with the utmost respect during the proceedings. Respect for the court itself will be shown by polite behavior and demeanor by all concerned during all proceedings.

III. Students promise to compete with the highest standards of deportment, showing respect for their fellow students, opponents, judges, and all others during the trial. All competitors will focus on accepting defeat and success with dignity and restraint.

IV. Trials will be conducted honestly, fairly and with the utmost civility. Students will not willfully violate the rules of the competition in spirit or in practice.

V. Mr. Stevens shall discourage willful violations of the rules and will instruct students as to proper procedure and decorum and will further assist all students in understanding and abiding by this Code of Ethical Conduct.

All participants are bound by all sections of this Code of Ethical Conduct and agree to abide by the provisions. Violations of this Code may result in disqualification from competition.

Charges of ethical violations must be made promptly to Mr. Stevens or Mrs. Wien who will ask the complaining party to fully disclose the facts pertinent to their complaint. An informal inquiry will be held and a binding decision made as to whether or not the offending party may continue to participate in the mock trial.

I hereby agree to abide by the above provisions regarding both mock trials.

Signature of Student Date

Witness (Parent) Date

Handout #5

Practice Witness

Dave Dillon was driving down Park Heights Avenue on May 20th when he saw a man running from a 7-11 store. The man was dressed in a green shirt, blue pants and was bald. Mr. Dillon then saw the man get into a blue convertible and drive away at high speed. Dave thought this was unusual and noted the time which was 8:30a.m.

Dave had been driving to the eye doctor at the time he saw the man running from the store. He had been having trouble with his glasses lately, and had trouble seeing objects or people at a distance greater than 50 feet. He was about 50 feet from the 7-11 when he saw the man running from the store. However, he is sure about what he saw.

Dave later heard that the 7-11 had been robbed at 8:30 am and called the police to tell them about what he saw. He has been called to testify as a witness at the trial of the person charged with the crime.

Handout #6

Practice Witness Questions

Witness Questions

Direct Examination-

The purpose of the direct examination of a witness is to show the jury certain facts that you want to bring out to establish your case. You should ask your questions in a logical order and go slowly to make sure the jury follows what you are trying to do.

Sample questions:

Would you state your name for the record please?

Where do you live?

What is your occupation?

Where were you on the morning of May 20th?

What did you see?

Was were the weather conditions?

Did you have a clear and unobstructed view of the incident?

Do you see the man you saw on that day in court today?

Could you point him out to the jury please?

Thank you. No further questions, your honor.

Cross Examination-

The purpose of cross examination of a witness is to try to bring out facts that may be helpful to your case. The witness has just testified for the other side. You are trying to show that they may not have seen what they claim to have seen or are being untruthful in some other way.

Sample questions-

Mr. Dillon, it is your testimony today that the defendant is the person that you saw running from the 7-11 on May 20th, is that correct?

Mr. Dillon, where were you going that morning when you saw the incident?

And why were you going to the eye doctor?

So you are having trouble with your vision? What sort of trouble?

So you had trouble seeing anything accurately at a distance of 50 feet or more, is that correct?

And how far away from you was the man that you saw running away from the store?

So if he was at least 50 feet away from you, you CAN’T be sure that the defendant and that man are the same person, can you?

Thank you, your honor. I have no further questions.

Handout #7Hearsay

Hearsay is an out-of-court statement offered to prove the truth of what it asserts. The general rule is that hearsay is inadmissible. The purpose of the hearsay rule is to limit the danger of unreliable evidence at trial. By its very nature, hearsay is the statement of a person who is not testifying at trial under oath and not subject to cross-examination. Without the formalities of cross-examination, the evidence is inherently suspect and the judge or jury has a more difficult task in determining the truth.

The hearsay rule has quite a few exceptions, which we won’t go into here.

Examples:

1. Albert comes to his teacher and says, “Joe told me that he saw Fred punch Richard”. This is hearsay because Albert did not see the fight. Joe should be the one to come and tell what he saw. We can’t ask Albert questions about what actually happened because he didn’t see anything. JOE saw it. It wouldn’t be fair to take the word of Albert because

he wasn’t there and really doesn’t know anything except what Joe told him.

2. Alice comes to her teacher and says, “I saw Bill and Richard cheating on the math test”. This is not hearsay because the teacher can ask Alice exactly what she saw.

3. Ginger is in a grocery store when she hears a man tell the grocery store clerk, “This is a robbery. Put all of the money in this bag and give it back to me. Do this and you won’t get hurt”. Ginger is asked to testify in court as to what she heard. Can she?

4. George is out riding his bike with his friend Bill. Bill tells George that he saw James, another friend, steal candy from a store. Can George testify and tell a court that Bill told him that he saw James steal the candy?

Handout #8

Applicable Law

Attempted Murder- Whoever, within the special maritime and territorial jurisdiction of Beth Tfiloh, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.

Vehicle Accident Law- The driver of a vehicle involved in an accident that results in damage to another vehicle or injury to another immediately shall stop the vehicle as close as possible to the scene of the accident, without obstructing traffic more than necessary. Failure to comply with this statute shall result in imprisonment for a term not exceeding 5 years.

Handouts for Witnesses- Prosecution #1

Officer Brenda May

Officer Brenda May was a 10 year veteran of the Baltimore County Police Department. She had received several awards for her work and was well thought of by her fellow officers.

Officer May was on patrol on the morning of June 3, 2014. She was very tired as she had worked a double shift on the previous day and gotten very little sleep as a result.

As Brenda was driving, she noticed a badly damaged bicycle by the side of the road. She stopped to investigate and found a man lying nearby. The man had obviously been in a bad accident and was bleeding heavily from a head wound. Brenda immediately called for an ambulance and then began to try to stop the bleeding from the head wound on the man.

The man was conscious and was able to tell Brenda that his name was Larry Stevens. He told her about his ride to work on his bicycle and then how a black SUV came out of nowhere, hit him, and then drove away. Larry went on to say, “I think I’ve seen that SUV before. It can’t be true. Mary…… Mike…….” Larry lapsed into unconsciousness. The ambulance soon came for Larry and he was taken to the hospital.

Officer May returned to patrolling the area and soon saw a dark colored SUV driving down the street with damage to the front right fender. She pulled over the SUV to question the driver. Upon learning that the driver was named Mary Stevens she became suspicious. Brenda decided to arrest Mary after hearing Mary say that she hated her brother.

Officer May has, in addition to her many awards for her work, been demoted several times for arresting individuals without probable cause. She has also been charted with perjury while testifying in court but was not convicted.

Handouts for Witnesses- Prosecution #2

Larry Stevens

Larry is 26 years old. He is an MIT graduate with a Master’s degree in computer programming. Larry is brilliant and has had many job offers because of his computer savvy, especially in the gaming industry. He just received an offer to work for Electronic Arts on a new concept video game and is VERY excited about the opportunity.

Larry is a very nice guy. He frequently donates his time and money to a variety of causes. He thinks that he should give back to society because he has been so fortunate. Larry has an older sister named Mary. He loves Mary and has always looked out for her best interests. He knows that she resents him and his success but he continues to help her and hopes that someday she will get over her resentment and that they can be a happy family. Larry told Mary that he had accepted a job in California and was going to move in the near future. Mary lives in Larry’s basement and Larry has offered to take Mary with him to California.

Larry has a roommate named Mike Milleson. He and Mike have been good friends for years and they have a lot of common interests. Larry thinks of Mike as the brother he never had. Mike recently came up with an idea for a new concept in gaming and told Larry about it. The two men have been working on it ever since and hope to sell the idea to Electronic Arts for a small fortune. Larry trusts Mike and has even allowed him access to all of his bank accounts.

On Monday, June 3, 2014, Larry took out his trusty bicycle to ride to work, which was his habit. As Larry was riding his bike, he began thinking of his good fortune and how wonderful his life had become. He suddenly heard a loud noise behind him and quickly turned to look. He saw a large dark SUV coming directly

towards him. His quick glance at the SUV allowed him to see what appeared to be a woman driving the vehicle. He immediately thought that it was his sister, Mary.

Larry careened out of control to the side of the road and was struck by the vehicle. He lost conscious and woke up to find a police officer bending over him. He spoke to the officer about the accident. He was afraid that the person who hit him was Mary, and tried to tell the officer that it wasn’t his sister who hit him. He only got out the word “Mary…..” before he lost consciousness.

Larry woke up again in the hospital. He learned that his sister had been charged with his attempted murder and hit and run. Larry does believe that his sister tried to kill him because she is jealous of his success and that he is moving to California. He wants to protect his sister, even though he thinks that she was actually driving the SUV. He will not tell the officers who question him further anything unless he is directly asked. He cannot lie however.

Handouts for Witnesses- Prosecution #3

Mike Milleson

Mike Milleson is a 25 year old computer programmer who designs video games for a living. He lives with Larry Stevens, a longtime friend. They work together on various ideas and have created several innovative video games such as “Chucky’s Great Adventure” and the famous shooter “Blazing Bananas.”

Mike recently came up with the idea for an entirely new concept in gaming. He mentioned it to Larry, who immediately became excited. The two started talking about it and planning the concept. Larry mentioned to Mike that he had just been hired by Electronic Arts (EA) and would soon be moving to California. He hoped that Mike would join him in California and that they could continue their collaboration.

When told of Larry’s impending move, Mike congratulated him and told him that he would go with him to California. The truth, however, was that Mike started to worry about Larry and whether he would sell Mike’s idea to EA and that Mike would be left out in the cold. He mentioned this to Larry and Larry assured him that he would not do this.

Mike does not like Mary and thinks that she takes advantage of her brother. He would do anything to get Mary out of Larry’s life. Mary has complained to Mike many, many times about Larry’s success and how she didn’t think it was fair.

Mike began to worry more and more. He constantly worried about many things and was also a very impulsive man and often regretted his actions in hindsight. On the morning of Monday, June 3, 2014, Mike left for work in his large dark grey SUV after eating breakfast with Larry and Mary. Mary, as usual,

had tried to start a fight with Larry at breakfast. Mike was very upset with her as he left the house.

In his SUV, Mike followed Larry at a distance on his bicycle. After about 10 minutes, Mike made his decision. He quickly put on a wig to disguise himself and gunned the SUV. He aimed directly for Larry and sideswiped him, causing him to fly off of his bicycle and land in the ditch.

Mike was horrified at what he had done, but wanted only to get away, so he sped off. He went to a paint and body shop and asked the owner, a friend of his, to fix the dent in the front right fender of his SUV. The owner quickly repaired the dent, and Mike drove home.

Mike later heard that Mary had been arrested for the hit and run and was being charged with attempted murder. He is hoping that she will be convicted that that no one will figure out that he actually committed the crime. He cannot lie, but will only directly answer the questions asked by lawyers. Mike is prepared, however, to testify in court about how Mary hated her brother and that she owns a dark colored SUV.

Handouts for Witnesses- Prosecution #4

Allen Critchlow

Allen is a 13 year old boy who loves to ride his bike. He is home schooled and is a straight A student. Allen has been told repeatedly by his parents to not ride his bike on heavily travelled roads.

Allen has planned to go to a friend’s house on the morning of June 3, 2014. There are two routes that he can take, one of them being on a major highway. Because he is late, Allen decides to take the shortest route, even though his parents have told him not to ride his bike on heavily travelled roads.

As Allen is riding on the side of the road, cars whiz past him. He becomes nervous and is afraid that he is going to be hit by a car. A man on a bicycle pedals past him on the shoulder of the road and over a hill, out of sight. Allen is prepared to testify that Larry Stevens is the man he saw pedal by him that morning. Shortly after the man rides by, a red SUV drives by. Allen can clearly see the driver and notices that it is a woman. She appears very, very angry. He hears the SUV rev its engine and then it quickly speeds up and also disappears over the hill.

Allen reaches the point at which he turns off the highway before he crests the hill, and does not see the SUV or the man again. He does, however, a loud noise as he pulls off that sounds like a crash.

Handouts for Witnesses- Prosecution #5

Paula Brown

Paula Brown is 29 years old and is a floor manager at Target. Mary Stevens is one of her employees. Mary has had problems at work in the past and has been warned several times that her job was in jeopardy.

Paula likes Mary and has tried to help her improve at work. Mary resents Paula and thinks that Paula is a lousy boss. Mary has told Paula several times that she is incompetent.

Paula is walking past the breakroom on the afternoon of June 2nd and notices that Mary and another employee are sitting at one of the tables. Paula heard Mary say “I hate him. He is moving away and is leaving me homeless. I want him dead.” The other employee expressed surprise at Mary’s comment, to which Mary replied, “I mean it. I would run over him today with my car if I could. I hate him!”

Paula thought that this had gone far enough and went into the breakroom. Mary and the other employee got up and left to return to work.

Paula used to be a store manager in the past. She was demoted to floor manager recently after lying about her inventory.

Handouts for Witnesses- Defense #1

Mary Stevens (Defendant)

Mary is the 30-year-old sister of Larry Stevens. She has never really succeeded at anything. She attended a community college briefly after high school, but soon dropped out because she didn’t like it. She has worked for 10 different employers since high school. She always hates whatever job she has and wants to immediately quit within a week of starting a new job. She is currently working at Target as a sales clerk.

Mary HATES her brother Larry. Larry has always been popular and successful. He graduated from MIT with a masters in computer technology and was immediately offered several high paying jobs. Mary is jealous of Larry’s success and would do anything to take it away from him. She has always thought that she should be the successful one because she is the older sibling.

Mary never has any money and depends on Larry to provide for her food and shelter. She moved into his basement to live because she had no money. Larry gives her money whenever she asks for it. Mary hates the fact that she has to depend on her brother to live.

On the morning of June 3, 2014, Mary is in a particularly foul mood. She has just learned that Larry will be moving to Los Angeles for a new job and she will have to find another place to live. As she sits down to breakfast, she is thinking about ways to force Larry to remain in Baltimore so that she has a free place to live.

Larry and Mike Milleson, Larry’s roommate, come down to eat breakfast with her. Larry is in a good mood because of his new job offer. He tells Mary more about his new job and offers to let her move to California with her. Mary

doesn’t want to live in California. She tries to avoid talking about the subject of the move by starting an argument about taking out the trash. Larry, who always felt sorry for his sister, gave in and told her that he would take it out when he left for work.

After Larry left for work, Mary put on her coat and went out to get into her SUV to drive to her job. She was still in a very bad mood and wasn’t paying attention to her driving. As she pulled away from the house, she accidently hit the tree that stood near the driveway. This left a dent on the right front fender of her car. She didn’t stop to look at the damage but instead drove away.

Several minutes later, Mary was pulled over by Officer Brenda May. Officer May asked her about the dent on the fender of her car. Mary, being in a foul mood, snapped “I’m late for work! What do you want from me?” Brenda briefly questioned Mary and learned that she was Larry’s sister. Brenda told Mary that her brother had been in an accident. Mary replied, “That’s great! I hope it killed him! I hate him.” Brenda decided that she had probably cause to arrest Mary and charge her with attempted murder and the hit and run.

Handouts for Witnesses- Defense #2

Barbara Jenkins

Barbara Jenkins is an executive at Electronic Arts (EA) in charge of creative planning. She works in the headquarters for EA in Los Angeles.

Barbara was at work on Friday, May 31st when the phone rang. She answered the call. A man identified himself as Mark Mulligan. Barbara thought that the man sounded nervous and also thought that he might not be telling the truth. Mark told Barbara that he had an idea for a new video game that would revolutionize the gaming industry. He gave Barbara a brief general description of the game. Barbara said “Oh that sounds exactly like the idea that our new employee, Larry Stevens, sold to the company a few days ago! How did you find out about it?”

There was a loud noise at the other end of the phone, and then the person on the other end of the line said “I knew it! I knew it! That jerk has sold me out!! I’m going to get him for it!” The line then went dead.

Barbara is a new employee and was not supposed to disclose any information over the phone about the company. In addition, she is very hard of hearing and often misunderstands what is said by others.

Handouts for Witnesses- Defense #3

Bill Button

Bill is 95 years old and lives next door to Larry Stevens. He is retired and likes to snoop on the neighborhood to keep himself busy. He has a pair of binoculars with which he watches the comings and goings of the people in the neighborhood every day from his front window.

On the morning of Monday, June 3, 2014, Bill is at his front window, as usual, at about 6:00 am. He wants to be sure that he doesn’t miss anything. Things are a little slow at first, but then people start to leave for work. Bill watches as several of his other neighbors go out to their cars and leave for work.

Bill notices that Larry Stevens comes out at the usual time, about 8:15 am, gets on his bike, and rides off down the street. Bill thinks that Larry is nice, but is kind of strange because he rides his bicycle to work. Just after Larry rides off, Bill’s toaster pops up and he hurries to the kitchen to get his toast. He quickly returns to the window just in time to see Mike Milleson get into his car and drive away. Bill stays at his window the rest of the morning and doesn’t see any other activity next door.

Bill is prepared to testify that he did not see Mary Stevens get into her car and leave after Larry left on his bicycle. Bill likes Mary because she made him chocolate brownies a few weeks ago for his birthday. He wants to help her out because he knows that she has been charged with attempted murder.

Handouts for Witnesses- Defense #4

Bruce Allen

Bruce is a 29-year-old mechanic who owns a paint and body shop. Mike Milleson is one of his friends.

On Monday, June 3, Mike Milleson, came to Bruce’s shop. Mike asked Bruce if he could pop out a rather large dent in the front right fender of his car. Bruce looked at the dent and told Mike that he could easily do it. Bruce took a large plunger and popped the dent out of the fender. When Mike offered to pay Bruce, Bruce responded, “Don’t worry about it. We’re friends. Also, that dent was so small that it really wasn’t a big deal. It looked like maybe a shopping cart hit your car.” Mike didn’t say anything except to thank him, and then left.

Bruce has been convicted of dealing in stolen cars in the past, and served 5 years

in prison for, you guessed it, grand theft auto.