The Florida High School Mock Tri

Document Sample
The Florida High School Mock Tri Powered By Docstoc
					 The Florida High School Mock Trial
     Official Competition Packet

                                   State of Florida
                                                   v.
                                        Chris Byrd
                         Version 1.3 Revised, November 23, 2009

 The original case was written by the Nebraska State Bar Foundation Case Committee. It
        has been adapted by The Florida Law Related Education Association, Inc.
                 Permission to reprint this packet is granted for educational use only.
 Any relationship of any character to an actual person, either living or dead, is completely coincidental
                                            and unintended.



Special thanks to the following for their contributions to the development of this year’s case
                                          materials:
         The Nebraska State Bar Foundation and its State Center for Law Related Education
                 The Florida Bar Standing Committee on Law Related Education




                  Improving Justice through Law and Citizenship Education Opportunities
                           The Florida Law Related Education Association, Inc.
                                      2874 Remington Green Circle, Suite A
                                            Tallahassee, Florida 32308
                                   Office (850) 386-8223 ▪ Fax (850) 386-8292
                                            E-mail: ECrowe@flrea.org
                                         ▪ Web site: http://www.flrea.org
                                                    1
                                                   TABLE OF CONTENTS

I.     Trial Overview ..................................................................................................................4

II.    Code of Ethical Conduct ...................................................................................................5

III.   2010 Mock Trial Case

       A.         Information (Charging Document) ..................................................................................... 6
       B.         Witness, Exhibit Lists ......................................................................................................... 8
       C.         Stipulations ......................................................................................................................... 9
       D.         Witness Affidavits

                  For the Prosecution
                  1. Pat O'Toole ................................................................................................................ 10
                  2. Lee/Leigh Parazzi ...................................................................................................... 22
                  3. Len/Lynn Knievel ..................................................................................................... 26

                  For the Defendant
                  1. Chris Byrd ................................................................................................................. 34
                  2. Ray/Rae Budinski ....................................................................................................... 39
                  3. Bobby/Bobbie Thomas .............................................................................................. 44

       E.         Exhibit List
                  1. A: Photo of shoes posted by Parazzi on MySpace ..................................................... 49
                  2. B: Photo of text message from Knievel's phone......................................................... 50
                  3. C: Photo of bottles of alcohol from the Byrd residence ............................................. 51
                  4. D: Miranda Warning and DWI Waver Form ............................................................. 52
                  5. E: Lab Report from Kratz General Hospital............................................................... 54
                  6. F: Photo of beer cans from Ray/Rae Budinski's lawn ................................................ 55
                  7. G: Photo of key basket from the Byrd residence ........................................................ 56
                  8. H: Photo of gnomes .................................................................................................... 57
                  9. I: Photo of beer cooler ................................................................................................ 59
                  10. J. Architectural drawing of the Byrd house ................................................................ 60

       F. Relevant Statues ...................................................................................................................... 61
       G. Relevant Case Law…………………………………………………………………………..79
       H. Jury Instructions ……………………………………………………………………………. 80

IV.    Rules of the State Competition

       Rule I:             Team Composition/Presentation ............................................................................. 84
       Rule II:            The Case .................................................................................................................. 84
       Rule III:           Trial Presentation .................................................................................................... 85
       Rule IV:            Student Attorneys.................................................................................................... 86
       Rule V:             Swearing of Witnesses ............................................................................................ 87
       Rule VI:            Case Materials ......................................................................................................... 87
       Rule VII:           Trial Communication .............................................................................................. 87
       Rule VIII:          Trial Start Time ....................................................................................................... 87



                                                                        2
       Rule IX:          Conduct/Attire ......................................................................................................... 87
       Rule X:           Videotaping/Photography ....................................................................................... 88
       Rule XI:          Witnesses ................................................................................................................ 88
       Rule XII:         Jury Trial ................................................................................................................ 88
       Rule XIII:        Viewing a Trial ....................................................................................................... 88
       Rule XIV:         Decisions ................................................................................................................ 88
       Rule XV:          Time Limits ............................................................................................................. 88
       Rule XVI:         Judging .................................................................................................................... 89
       Rule XVII:        Dispute Settlement ................................................................................................. 90
       Rule XVIII:       Reporting a Rules Violation Outside the Bar ......................................................... 91
       Rule XIX:         Score Sheets/Ballot ................................................................................................. 92
       Rule XX:          State Competition Power Matching/Seeding Model ............................................... 92
       Rule XXI:         Completion of Score Sheet ..................................................................................... 93
       Rule XXII:        State Competition Team Advancement .................................................................. 93
       Rule XXIII:       Effect of a Bye/Default ........................................................................................... 93
       Rule XXIV:        Eligibility................................................................................................................. 94
       Rule XXV:         State Competition Awards ...................................................................................... 94
       Rule XXVI:        Interpretation of State Competition Rules............................................................... 94
       Rule XXVII:       Circuit Competition................................................................................................. 94

V.     Simplified Rules of Evidence and Procedure ...............................................................96

       A.        Witness Examination/Questioning.................................................................................... 96
       B.        Objections ....................................................................................................................... 101
       C.        Trial Motions .................................................................................................................. 109
       D.        Attorney Demeanor......................................................................................................... 109

VI.    Guidelines for Teacher and Attorney Coaches ...........................................................110

VII.   Guidelines for Judges

       A.        Score Sheet/Ballot........................................................................................................... 112
       B.        Explanation of Ratings Used on Score Sheet.................................................................. 113

VIII. Ballots and Forms

       A.        Presiding Judge Ballot .................................................................................................... 114
       B.        Most Effective Attorney Award Ballot ........................................................................... 115
       C.        Most Effective Witness Award Ballot ............................................................................ 116
       D.        Legal Professionalism Award Ballot .............................................................................. 117
       E.        Complaint Form .............................................................................................................. 118
       F.        Team Dispute Form ........................................................................................................ 119
       G.        Team Roster Form .......................................................................................................... 120

IX.    Professionalism...............................................................................................................121

X.     Oath of Admission to The Florida Bar ........................................................................122




                                                                      3
                                  TRIAL OVERVIEW
I.    The presiding judge will ask each side if they are ready for trial. Team rosters/roles
      should be presented to the judges.

II.   Presiding judge announces that all witnesses are assumed to be sworn.

III. Opening Statements - no objections allowed; however, after each opening has concluded,
     the opposing counsel may raise his/her hand to be recognized and state that if they could
     have objected they would have objected to. The presiding judge does not need to rule on
     this. No rebuttals allowed.

IV. Cases presented. See Rule XV for the trial sequence and time limitations.

V.    Closing Statements - no objections allowed; however, after each closing statement has
      concluded, the opposing counsel may raise his/her hand to be recognized and state that if
      they could have objected - they would have objected to...The presiding judge does not
      need to rule on this. An optional rebuttal (up to 1 minute) reserved in advance will be
      permitted for the Prosecution.

VI. No jury instructions need to be read at the conclusion of the trial.

      Judges should complete score sheets before debriefing. This is crucial and ensures
      completed score sheets.

VII. If a material rules violation is entered, scoring judges should exit the courtroom but stay
     in the vicinity. The presiding judge will follow the rules for this type of dispute. Scoring
     judges will return to the courtroom to determine if the presiding judge feels the dispute
     may be considered in scoring. Specific forms are needed. See Rule XVII - DISPUTE
     SETTLEMENT.

VIII. Critique (One team exits the courtroom during the critiques). JUDGES DO NOT
      ANNOUNCE SCORES OR PERFORMANCE DECISIONS!

IX. ALL DECISIONS OF THE JUDGES ARE FINAL. Debrief/Critique ONLY.




                                               4
                          CODE OF ETHICAL CONDUCT
        The purpose of the Florida High School Mock Trial Competition is to stimulate and
encourage a deeper understanding and appreciation of the American legal system by providing
students the opportunity to participate actively in the legal process. The education of young
people is the primary goal of the mock trial program. Healthy competition helps to achieve this
goal. Other important objectives include improving proficiency in speaking; listening, reading,
and reasoning skills; promoting effective communication and cooperation between the
educational and legal communities; providing an opportunity to compete in an academic setting;
and promoting tolerance, professionalism, and cooperation among young people of diverse
interests and abilities.

       As a means of diligent application of the Florida High School Mock Trial Competition's
Rules of the Competition, the Mock Trial Advisory/Policy Committee has adopted the following
Code of Ethical Conduct for all participants.

   1. Team members promise to compete with the highest standards of ethics, showing respect
      for their fellow team members, opponents, judges, evaluators, attorney coaches, teacher
      coaches, and mock trial personnel. All competitors will focus on accepting defeat and
      success with dignity and restraint. Trials will be conducted honestly, fairly, and with the
      utmost civility. Members will avoid all tactics they know are wrong or in violation of the
      rules, including the use of unfair extrapolations. Members will not willfully violate the
      rules of the competition in spirit or in practice.

   2. Teacher coaches agree to focus attention on the educational value of the Mock Trial
      Competition. They shall discourage willful violations of the rules. Teachers will instruct
      students as to proper procedure and decorum and will assist their students in
      understanding and abiding by the competition's rules and this Code of Ethical Conduct.

   3. Attorney coaches agree to uphold the highest standards of the legal profession and will
      zealously encourage fair play. They will promote conduct and decorum in accordance
      with the competition's rules and this Code of Ethical Conduct. Attorney coaches are
      reminded that they are in a position of authority and thus serve as positive role models for
      the students.

   4. All participants (including observers) are bound by all sections of this code and agree to
      abide by the provisions. Teams are responsible for insuring that all observers are aware
      of the code. Students, teacher coaches, and attorney coaches will be required to sign a
      copy of this code. This signature will serve as evidence of knowledge and agreement to
      the provisions of the code. Teams will receive scores on ethical conduct during each
      round.

   5. Staff and Mock Trial Advisory Committee members agree to uphold the rules and
      procedures of the Florida High School Mock Trial Competition while promoting ethical
      conduct and the educational values of the program.




                                               5
                                                   IN THE CIRCUIT COURT OF THE
                                                   TWENTY-FIRST JUDICIAL CIRCUIT, IN
                                                   AND FOR CRIST COUNTY, FLORIDA

STATE OF FLORIDA,                                  CASE NO. 2009 CA 1122

              Prosecution,
v.                                                 **INFORMATION**

CHRIS BYRD,

            Defendant.
_________________________/


INFORMATION FOR:

Count I       OPEN HOUSE PARTY (M2)
Count II      CONTRIBUTING TO THE DELINQUENCY OR DEPENDENCY OF A
              CHILD (M1)


IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

       G. E. Wise, State Attorney for the Twenty-First Judicial Circuit of the State of Florida,
charges that in Crist County, Florida, the above-named defendant:

COUNT I:       On or about May 16, 2009, having control of the residence located at 58100
Hathaway Drive in Falls Chase, Florida, did then and there allow an open house party to take
place at said residence, knowing that an alcoholic beverage was in the possession of or being
consumed by a minor (as defined in Section 856.015.1(d)) at said residence and failed to take
reasonable steps to prevent the consumption of alcoholic beverages, contrary to Sections
856.015, Florida Statutes.

COUNT 2: On or about May 16, 2009, in Falls Chase, Florida, unlawfully did serve alcoholic
beverages which did cause, tend to cause, encourage or contribute to Len/Lynn Knievel, a minor,
to become delinquent, contrary to Section 827.04(1)(a), Florida Statutes.


STATE OF FLORIDA
COUNTY OF CRIST

G. E. WISE, STATE ATTORNEY
TWENTY-FIRST JUDICIAL CIRCUIT




                                               6
                     /S/
George D. Blake, Designated Assistant State Attorney

The foregoing instrument was acknowledged before me on June 6, 2009, by George D. Blake,
Designated Assistant State Attorney, by G. E. Wise, State Attorney for the Twenty-First Judicial
Circuit of the State of Florida, who is known to me and did take an oath stating good faith in
instituting the prosecution and certifying that testimony was received under oath from the
material witness or witnesses for the offense pursuant to F.R.Cr.P. 3.140(g).

________/S/____________
NOTARY PUBLIC




                                               7
                                        WITNESS LIST


Prosecution:                                         Defense/Defendant:

   1. Officer Pat O’Toole                                1. Chris Byrd

   2. Lee/Leigh Parazzi                                  2. Ray/Rae Budinski

   3. Len/Lynn Knievel                                   3. Bobby/Bobbie Thomas


* Each team must call all three witnesses for their respective party.

** Witnesses may be male or female. Where an alternative name is not provided, assume the

name is gender neutral.

***All names and characters are fictitious and are not based on actual cases.



                                         EXHIBIT LIST


   A.   Photo of shoes posted by Parazzi on MySpace
   B.   Photo of text message from Knievel’s phone
   C.   Photo of bottles of alcohol from Byrd residence
   D.   Miranda Warning and DUI Waiver Form
   E.   Lab Report from Kratz General Hospital
   F.   Photo of beer cans from Ray/Rae Budinski’s lawn
   G.   Photo of key basket from Byrd residence
   H.   Photos of gnomes
   I.   Photo of beer cooler
   J.   Architectural drawings of Byrd’s house




                                                 8
                     STIPULATED PROCEDURAL MATTERS

1. Florida High School Mock Trial Rules of Evidence and Procedure apply.

2. All witness Statements and exhibits in the case are authentic and no objections to their
   authenticity will be entertained.

3. All witness statements were given under oath.

4. The signatures on the witness statements are omitted due to the electronic delivery of the
   case.

5. Whenever a rule of evidence requires that reasonable notice be given, it should be
   considered to have been.

6. All charging documents were signed by the proper parties.

7. All references to Florida law are from the most recent edition of Florida Statutes.

8. Jurisdiction, venue, and chain of custody of the evidence are proper.

9. Stipulations cannot be contradicted or challenged.


                            OTHER STIPULATED FACTS

1. Puck Byrd is 18 years of age at the time of the incident.

2. Len/Lynn Knievel is 17 years of age at the time of the incident.




                                            9
              IN THE CIRCUIT COURT OF CRIST COUNTY, STATE OF FLORIDA
                          GENERAL JURISDICTION DIVISION

                                                        Case No. 2009 CA 1122


     STATE OF FLORIDA,                                   )
                 Prosecution                             )
                                                         )
     v.                                                  )
                                                         )
     CHRIS BYRD,                                         )
                   Defendant.                            )
     _____________________________________/              )

                               SWORN STATEMENT OF PAT O’TOOLE


1           My name is Pat O’Toole, and I’ve been a police officer for the fine town of Falls Chase,

2    Florida, for going on 25 years now. I am a resident of Falls Chase, Florida. My spouse is

3    Erin/Aaron and s/he works at the Department of Health as an Attorney Supervisor. Erin/Aaron

 4   works so hard and has had problems with an employee Lonnie and had to fire him. 'Tis a

 5   sorrowful time for my Erin/Aaron. We are blessed with two strapping lads – Ray and Tim. Both

 6   of them are in college now. And our last family member is an Irish Setter named Eli.

 7          ‘Tis a bonnie town, most of the time, except when a few of the less savory characters get

 8   a wild hair and do something stupid, like what happened here. That’s why I’m giving this

 9   deposition, you know, to set it all straight and get it all on the record, because that’s my job, to

10   get all the facts down, true and proper. So that’s what I intend to do.

11          Let me tell you a bit about myself. I came here to Falls Chase from Dublin when I was

12   22. Left all of my family behind to follow my dream to live in the States and go into law

13   enforcement. Don’t know quite when or how I took it in my head to take on this profession,

14   Lord knows I spent enough time dodging the likes of them, but it just seemed the thing to do.




                                                       10
15   So don’t you go thinking that I don’t know my way around a pint or two, which is why I surely

16   knew that Len/Lynn Knievel had a snootful. Not that s/he didn’t have any help getting that way,

17   but I’m getting ahead of myself. You want to know about my educational background. Well, I

18   graduated from secondary school in Dublin, and when I got to the States I worked several odd

19   jobs until the 5-year residency requirement was met and then I attended the Law Enforcement

20   Training Center in Big Isle, Florida. I spent 12 weeks in training there, with two weeks spent

21   entirely on driving under the influence investigations and two solid weeks dealing with crime

22   scene and accident investigations. Kind of too bad I didn’t get to use my formidable knowledge

23   of standard field sobriety tests in this case on Knievel. Would have been interesting to see how

24   s/he did on the alphabet, walk and turn test, and horizontal gaze nystagmus, but by the time I got

25   there, the kid had already “emptied his/her bread basket” so to speak all over his/her shoes and

26   was not the most coherent thing I’d ever seen. Knievel might have been seeing some pink

27   elephants prancing about in green tutus, for all I know. S/he was pretty fluthered. Let’s get to

28   that fateful night, now then.

29          Saturday, May 16, 2009, I was on duty on street patrol in my marked police cruiser

30   working second shift, 1500 hours to 0000 hours, but it turned out to be a much longer shift than

31   that by the time I was done for the night. There were a lot of graduation parties going on, what

32   with the graduation exercises at Kottkamp High School at 1500 hours that day. Quite a few of

33   the kids had their parties the week before, brunch and lunch get-togethers and the like. Pretty

34   smart idea if you ask me. Less chance of alcohol getting into the hands of bairns that can’t

35   handle it. But Defendant and his/her child were one of the number of families with a graduate

36   who had their party that Saturday night. Surely I knew about the parties. I make it my job to

37   know what’s going on in my town. I live here, you know, and it’s small enough that people




                                                     11
38   know each other’s business and are willing to help each other out, even if that means reporting a

39   crime, which I will get to later.

40          It was 0000 hours and I was planning on heading back to the station to turn in my reports

41   and the tickets I’d written during the night, when I got dispatched to a report of a bar fight across

42   town from the soon-to-be accident scene where I later saw Knievel. Officer Grande-Jambon

43   was supposed to take over after my shift but got detained in a traffic pile-up over by the Crunchy

44   Cream donut shop. So I had to keep on working, even though I was weary to the bone. Part of

45   the job, I suppose. Doesn’t happen too often, thank goodness. As soon as I finished up with that

46   problem, I was dispatched at 0107 hours to go to 54th and Shady Oak Road for a one-vehicle

47   accident, which a neighbor immediately reported after they observed Knievel’s vehicle collide

48   head on into their 100-year-old oak tree.

49          When I arrived on the scene of the accident at approximately 0118 hours, I observed

50   Knievel, with whom I was quite familiar from prior alcohol-related contacts, leaning against the

51   oak tree. The neighbor, Tom Keefe, who vacations in Jamaica three times a year (although no

52   one is really sure what he does when he’s there), who reported the accident was still there. I told

53   him he could go home. There was no reason to question him. He didn’t say anything about

54   Knievel making any statements, so I just assumed that s/he hadn’t. Besides, it was clear what

55   happened. Another DUI case. Same old stuff – you know, “book ‘em, Danny Boy.” Or

56   something like that. Anyway, there was Knievel’s white 1998 Dodge Neon, and it appeared that

57   the vehicle hit the tree square on. Banjaxed that car, Knievel did. Although it was dark outside,

58   the lighting from nearby street lamps provided sufficient illumination to allow me to observe that

59   there were absolutely, and I mean absolutely, no skid marks. Upon further investigation, the

60   vehicle jumped the curb and made its final resting place smack into the tree. The speed of the




                                                      12
61   vehicle immediately prior to contact with said oak tree was estimated, based on my training,

62   knowledge and experience, at 55 miles an hour. Let it be known that the legal speed limit in that

63   area of town is 25 miles an hour. As I indicated, I observed Knievel to be leaning against the

64   tree. S/he was observed to have a head injury and was actively bleeding from the head. At 0119

65   hours I called dispatch, asking that an ambulance be sent immediately to the scene. Based on

66   Knievel’s head injury, the point of impact as indicated by the circular-shaped indentation of

67   cracked glass on the windshield, it was clear that Knievel had not bothered to fasten his/her seat

68   belt prior to operating the motor vehicle. The law requires in the State of Florida, and rightly so,

69   that one must wear a seat belt when operating a motor vehicle. To fail to do so is not only a

70   traffic violation, it is, in my expert opinion, utterly thick and ignorant and just asking for a good

71   knock on the noggin. Enough said.

72          While awaiting the arrival of the ambulance, I convinced Knievel to sit down, and I

73   applied pressure to the head wound with one of the sterile gauze pads I always keep in my

74   cruiser’s first aid kit. In an effort to keep Knievel awake (because you know how important it is

75   to not let a person with a head injury fall asleep) I asked Knievel what s/he was doing, and

76   Knievel said s/he had been to a graduation party. Knievel also volunteered, not in response to

77   any questioning on my part, that s/he only had a “couple drinks.” A wee babe wouldn’t fall for

78   that over-used line. That’s a bit of the horse’s hoof, I believe. During those comments by

79   Knievel and due to my close proximity to Knievel, and of course based on my training and

80   experience, I was able to detect a strong odor of an alcoholic beverage on his/her breath. I also

81   smelled the odor of an alcoholic beverage on his/her clothing and saw, as I mentioned earlier,

82   vomit on his/her shoes (which I am able to identify from a photograph taken by Lee/Leigh

83   Parazzi, marked as Exhibit A, as being the shoes worn by Knievel, prior to blowing chunks on




                                                       13
84    them, of course). As Knievel and I are sitting by the tree, s/he spontaneously stated with slurred

85    speech “they got me drunk.” At that point in the investigation, I had no idea who Knievel was

86    talking about, so I asked him/her what s/he was talking about, who got you drunk? Just then, I

87    heard the siren from the ambulance and could not hear if Knievel responded to my question or

88    not. The ambulance crew placed Knievel on a gurney, secured him/her with the straps, loaded

89    him/her into the ambulance, and headed for the hospital.

90           While the ambulance crew dealt with Knievel, I looked in the Neon for documentation

91    listing any emergency contacts for Knievel, such as the vehicle registration. The inside of the

92    vehicle was a mess. There were soda and beer cans strewn about, and fast food bags all over.

93    Thankfully, I located a cell phone plugged into the charger in the cigarette lighter and looked

94    through it for telephone numbers for Knievel’s parents. When I opened the phone, I immediately

95    observed a text message which said “stop by my haus 2nite its goin 2 b a real party puck.”

96    Knievel said s/he had been at a graduation party, and the only “Puck” I know from town who

97    would be a graduating senior is the son of Chris Byrd, the Defendant. Truly now, how many

98    “Puck’s” do you know? At that point, it was the only lead I had which could assist me in finding

99    out how Knievel got so ossified, so I seized the cell phone from the vehicle and made sure to

100   preserve the text message. I also obtained my police-issued digital camera from my cruiser and

101   took a photograph of the text message. That very photograph is marked as Exhibit B. Then I

102   located the telephone number for Knievel’s parents in the cell phone. I called them, informed

103   them of the situation, and advised them as to the whereabouts of Knievel and his/her vehicle.

104   For clarification, all of the foregoing statements/comments made to me by Knievel were made

105   during the investigative detention while we were waiting for the ambulance to arrive. I did not

106   read Knievel the Miranda warnings, which I have memorized and have on a card I keep in my




                                                      14
107   uniform shirt pocket and on forms located in my cruiser, because s/he was not in custody and

108   was not under arrest at that point. My contacts with Knievel at the scene of the accident were not

109   videotaped, because my cruiser was not equipped with a video camera, and Knievel’s statements

110   were not recorded on audio, because my digital recorder was not working at the time. I prepared

111   my investigation reports from the notes I took on the way to the hospital, at the hospital, and at

112   the end of my shift (which ended up being about 0400). Being a thorough investigator, I

113   routinely shred my handwritten notes after I dictate my reports.

114          Although I knew at the time where Puck and the Defendant live and could have gone

115   straight there to find out if a wild party was going on, I thought it more prudent to follow Knievel

116   to the hospital and try to question him/her there. I also wanted to make sure that medical

117   personnel drew a blood sample there, because it was clear to me that Knievel was intoxicated

118   and would likely test far over the legal limit. Frankly speaking, Knievel was as plastered as the

119   proverbial skunk. And s/he didn’t smell real great either. It was my opinion that Knievel was

120   operating a motor vehicle while under the influence of alcohol or while his/her blood alcohol

121   content was more than .02. There was no evidence that anyone else had been driving the vehicle,

122   based on the report of the eyewitness who called dispatch at the time of the accident and

123   Knievel’s own statements, and there was no evidence to suggest that Knievel drank any more

124   alcohol after the accident, also based on the information provided by the eyewitness and based

125   on Knievel’s statements. This was going to be a slam dunk case, but I knew in my gut that there

126   was more to the story. Who allowed this kid to get so drunk? I had to find out, and I did. Just

127   like Scotland Yard, if I do say so myself.

128          I proceeded to Kratz General Hospital, where I found Knievel in a hospital bed. After I

129   verified with Nurse Betty, the R.N. on duty, that Knievel’s blood had been drawn in accordance




                                                       15
130   with the procedures required by statute, I attempted to interview Knievel. Before I could get a

131   word out, Knievel sat up in bed, pointed a finger at me and said “back away from the donuts.” I

132   don’t know what the kid was talking about, as I had no items of food with me. S/he was either

133   acting the maggot or was loopy from the concussion, head trauma, and subdural hematoma that

134   Nurse Betty told me Knievel got during the accident. Didn’t want to chance taking a statement

135   from him/her at that point, at any rate, so I headed over to the residence of Chris Byrd. It was

136   nearly 0300 hours, but I intentionally chose not to call in advance and let Defendant know I was

137   coming. If the wild party was still going on, I wanted to catch them in the act. Also, I didn’t

138   want to give Defendant time to clean up a mess or destroy any evidence. A surprise attack is

139   often the best – catch the guilty off-guard, I always say.

140          At 0303 hours, I arrived at Defendant’s house, knocked on the front door and had to wait

141   about 8 minutes for Defendant to come to the door. Defendant was wearing his/her night

142   clothes, having apparently just woken up, and I noticed a slight odor of an alcoholic beverage on

143   his/her breath, but Defendant did not appear to be under the influence of alcohol. The other

144   residents of the house must have been asleep, because I heard no noises coming from anywhere

145   else in the house, so the party must have broken up a while earlier. I told Defendant that I was

146   there to ask him/her some questions about alcohol that minors obtained from him/her at his/her

147   house at a party this evening. Defendant invited me in, and said s/he didn’t know what I was

148   talking about. How could s/he not know? Immediately, I asked Defendant to show me where

149   the party took place, and Defendant led me through the dining room to the kitchen. In the

150   kitchen, I observed a garbage can overflowing with soda cans, beer cans, paper plates and #1

151   plastic cups/water bottles. Why can’t people recycle? How hard is it to have a separate can for

152   recycling? People who aren’t green really make me see red. I straightaway told Defendant how




                                                       16
153   to recycle, as a courtesy to both him/her and to the environment. Defendant didn’t seem to care.

154   Getting back to my investigation. Sitting on the kitchen counter, in plain view, were bottles of

155   rum, whiskey, gin, vodka and wine, some opened and some unopened. Also in the kitchen, on

156   the floor in front of the sink, I observed one cooler with a handwritten paper sign on the lid

157   which said “beer adults only.” I took digital photographs of the alcohol bottles on the kitchen

158   counter, which are marked as Exhibit C. When I searched the cooler after asking for and

159   obtaining Defendant’s consent, I observed that the cooler contained beer cans. (There were two

160   more coolers outside, with signs for water and soda, and they also contained what the sign

161   indicated). I did not count the number of items in each cooler as there was no need. Alcohol

162   was present. The alcohol I observed at the residence was enough to convince me that there was,

163   indeed, alcohol accessible to minors in the home. On the kitchen counter, I saw a basket with a

164   sign that read “keys.” I have seen the photograph of the basket, marked as Exhibit G, which

165   Lee/Leigh Parazzi took, and although it is a little blurry, I can positively identify it as the basket

166   which I observed in Defendant’s kitchen. After making observations of the kitchen area, I asked

167   Defendant to show me where the party took place, and s/he led me outside to the patio. In

168   Defendant’s letter which s/he mailed to me, s/he says that I took measurements outside, but that

169   is not correct. I did measure (with the standard tape measure I used earlier in the evening at

170   Knievel’s accident site) the distance from the patio door to the alcohol on the counter and the

171   beer cooler. The distance from the interior side of the patio door to the bottles of alcohol on the

172   counter was 4 feet 3 ¼ inches, and the distance from the interior side of the patio door to the beer

173   cooler was 5 feet 10 inches. The distances are relevant, in my opinion, because it shows access

174   of minors outside the house to alcohol inside the house. I then asked Defendant if s/he was

175   willing to make a statement to me after I explained that s/he was not in custody, was free to




                                                        17
176   leave, and was not under arrest. Defendant agreed to voluntarily make a statement to me, and all

177   of the statements s/he made to me appeared to be made knowingly, voluntarily and intelligently,

178   with full knowledge and understanding of the consequences. I asked Defendant to tell me what

179   went on that night, and s/he told me the following details while I took handwritten notes.

180   Defendant told me s/he was having a party for his/her son, Puck, who graduated from high

181   school and who was leaving to do an internment in England. Defendant said that Puck invited a

182   lot of kids to the party, but it was a family party, and adults were present. Defendant said s/he

183   bought several cases of soda, several cases of beer, bottles of rum, whiskey, gin, vodka, scotch,

184   and wine and said that the alcohol in the cooler and on the counter was what remained after the

185   party. Defendant said that s/he did not provide any alcohol to any of the minors at the party, but

186   Defendant said s/he went downstairs around midnight and minors were still present. Defendant

187   said before going downstairs, s/he moved the bottles of liquor inside to the kitchen counter and

188   moved the beer cooler inside as well.

189              When I confronted Defendant with the fact that Knievel was driving while intoxicated,

190   got into an accident with his/her vehicle and was in the hospital, Defendant did not act surprised

191   and didn’t even seem to care. Defendant said that s/he thought Knievel had been drinking before

192   s/he arrived at his/her home, and that Knievel is a thief and a liar. Defendant denied providing

193   any alcohol to Knievel, specifically, and said s/he told Knievel s/he couldn’t have any alcohol.

194   Well, I’d had enough of excuses and it was about 0340 hours by then. I wrote up a ticket for the

195   Defendant for Open House Party, Section 856.015, Florida Statutes and Contributing to the

196   Delinquency or Dependency of a Child, Section 827.04(1)(a), Florida Statutes. S/he did not take

197   it well.




                                                        18
198          I proceeded to the police station and prepared my police report from the notes I had

199   taken, then I went home to get a bit of sleep. On Sunday, May 17, 2009, I was doing follow-up

200   investigation as a part of my official duties as a police officer, and at approximately 2100 hours I

201   went to Kratz General Hospital to get a more detailed statement from Knievel. When I arrived at

202   the hospital, after determining that Knievel was alert, awake, and was no longer under the

203   influence of alcohol, I read Knievel his/her Miranda rights from the form which is marked as

204   Exhibit D. I read each question to Knievel and s/he gave the responses which I wrote on the

205   form and Knievel initialed. Knievel waived his/her rights and agreed to speak with me. I asked

206   him/her the questions on the DUI Interview Report, which is also a part of Exhibit D.

207   Knievel’s interview was not tape recorded; however, I took handwritten notes while s/he was

208   making statements. At the conclusion of my interview with Knievel, I cited him/her with the

209   Misdemeanors of Driving Under the Influence of Alcohol, Open Container, Reckless Driving,

210   and No Seatbelt. After Knievel was released from Kratz General Hospital and after the results of

211   the blood draw were confirmed, the hospital sent me Knievel’s lab report, which is marked as

212   Exhibit E, which showed a .16 BAC.

213          A few days after May 16, 2009, Ray(ae) Budinski called the police station and asked for

214   me, but I was out of town visiting relatives. I believe Budinski knew me from a parade that I

215   worked where s/he coordinated what kind of candy people could throw from floats so as to not

216   seriously injure anyone. (I do not recommend lollypops. You could put an eye out with one of

217   those things). Anyway, I eventually proceeded to Budinski’s house on June 15, 2009, and s/he

218   told me that s/he saw Knievel park his/her car near his/her house and at that time s/he saw

219   Knievel with a can of beer in his/her hand. Budinski gave me beer cans which s/he said s/he

220   found in his/her yard on Sunday morning, 5-17-09, in the area where Knievel had parked his/her




                                                       19
221   car. Budinski made it a point to specify that it was next to his/her broken garden gnome, which

222   s/he insisted on showing me. (To be honest, those things give me the creeps – garden gnomes,

223   not beer cans. They’re not a bit like the little people I grew up hearing about.) Budinski wanted

224   me to ticket Knievel for criminal mischief for running over the gnome, but that was kind of

225   sketchy and how do you put value on those things anyway? At any rate, I seized the beer cans,

226   placed them in a brown paper bag, and placed them in police property. Before I placed them in

227   police property, I took a digital photograph of them, marked Exhibit F. I did not dust the beer

228   cans for fingerprints as they had been in Budinski’s recycling container for a month and s/he

229   indicated that s/he did not use gloves when s/he picked them up and saved them. I did not

230   request that the beer cans be sent to the Criminalistics Laboratory for DNA testing, due to the

231   fact that Budinski admitted s/he had touched them. There was no need to do any testing

232   whatsoever on the beer cans. The cans are clear circumstantial evidence. Like pieces of a

233   puzzle, they all fit together. I do not recall what type of beer Defendant had at his/her home, nor

234   did I document that. It was not important. What was important was that alcohol was there.

235          In an effort to obtain additional evidence and witness information in this case, I tried out

236   some of this new-fangled Internet searching that I’ve heard so much about. I did a Google

237   search for the words “Puck” and “graduation party” and “Falls Chase” and came up with a

238   MySpace page for Lee/Leigh Parazzi. On that MySpace page, I observed several photographs. I

239   printed off two photographs which I recognized, one marked as Exhibit A, with Knievel’s legs

240   and shoes (pre-vomit) and the other, marked as Exhibit G, the basket of keys which I recognized

241   from Defendant’s house. On May 21, 2009, I made contact with Lee/Leigh Parazzi at his/her

242   home and obtained a statement. Parazzi agreed to speak with me and admitted that s/he had been

243   at the Byrds’ house for a party the night of May 16, 2009. S/he showed me the text message still




                                                      20
244   on his/her cell phone, which is identical to the message I photographed from Knievel’s phone

245   marked as Exhibit B. Parazzi told me that there was alcohol at the party and s/he saw Knievel

246   consume vodka, which Knievel had obtained from the kitchen. According to Parazzi, Defendant

247   brought the alcohol into the house before s/he retreated to the basement; however, s/he just left

248   the alcohol sitting in the kitchen, clearly accessible to minors. It was Parazzi’s opinion that

249   Knievel may have consumed alcohol before Parazzi arrived at the party, but could not say when

250   or what Knievel consumed. I told Parazzi that it may be necessary for him/her to testify if there

251   is a trial. Parazzi seemed pretty excited about that. If only all the witnesses I interview were

252   that interested in cooperating.

253           Speaking of cooperative witnesses, I did obtain from Parazzi the names of three other

254   minors who were at Defendant’s house for the party on May 16, 2009; however, when I

255   contacted each one separately at their homes, they refused to talk to me. They indicated that they

256   talked to their parents and/or lawyers, and they did not wish to make a statement for fear of

257   incriminating themselves. I tried to encourage them to cooperate, but they refused and asserted

258   their right to remain silent.

259           For all the investigation I did in this case, it might as well have been a murder case.

260   Balmy drunk kids and irresponsible adults. That’s my take on what this case is about.

261   Everything I have said in this statement is the truth, the whole truth, and nothing but the truth.

                                                                            /s/
                                                            Pat O’Toole

      SIGNED AND SWORN to this 10th day of August 2009.

                      /s/
      Patricia Stratigas, Notary Public, State of Florida
      My Commission Expires: 11/02/10

      FURTHER AFFIANT SAYETH NAUGHT.



                                                       21
              IN THE CIRCUIT COURT OF CRIST COUNTY, STATE OF FLORIDA
                          GENERAL JURISDICTION DIVISION

                                                       Case No. 01-111-99


     STATE OF FLORIDA,                                  )
                 Prosecution                            )
                                                        )
     v.                                                 )
                                                        )
     CHRIS BYRD,                                        )
                   Defendant.                           )
     _____________________________________/             )

                          SWORN STATEMENT OF LEE/LEIGH PARAZZI

 1          I can’t believe I’m a witness in this trial. Awesome! Hits on MySpace have gone

 2   astronomical. That graduation party was way cool.

 3          Hi, I’m Lee/Leigh Parazzi. I’m eighteen years old, and I just graduated from Kottkamp

 4   High School in May. I live at 2201 S. 93rd Street, #235, in Falls Chase, Florida. I just moved

 5   into the R. Charles dorms on campus, which you know is named after the famous Floridian

 6   singer. Now I’m taking classes at Falls Chase College in photojournalism. I was glad to get out

 7   of the house! My Mom and Dad were driving me up a wall! So many rules! Now, I can come

 8   and go as I please. It is tough being an only child.

 9          It’s because I caught so much good stuff on my Motorola Z810i Phone that I’m here

10   today. That phone has a great camera. It should—it’s an $800 phone, even though I got it for

11   $339. I love it. Hey, I’m into the good stuff. Gotta have the right equipment if you want to be

12   the best. And believe me, I am the best. Now everyone who watches this trial (you know

13   they’re televising some trials in Florida courtrooms now) will see my works of art – my photos.

14   Imagine the hits on MySpace after my appearance at the trial. It’s not just luck that I always

15   have my Zphone with me.



                                                      22
16          I took my Zphone with me to the Byrd’s house the night of Puck’s going

17   away/graduation/whatever it was party. It was the night of Knievel’s big crash. I think it was

18   May 16. I know it was a Saturday. I know I got a text from Puck inviting me; it’s the same as

19   Exhibit B. Almost couldn’t believe he was inviting me. It’s not like we were good friends or

20   anything. Nothing special about the message either. Must’ve sent the same thing to everybody

21   he knew.

22          I decided to go to Puck’s party, even though I had other things to do and I didn’t think

23   much would be going on at the Byrds’. I really didn’t think that there’d be alcohol at the party. I

24   decided to just drop in for a bit and see what was happening. I think I arrived at the Byrds’

25   house around 9 p.m.

26          Not much happened for awhile and I thought about moving on; but then somewhere close

27   to 11:00 p.m., Mr./Mrs. Byrd and the other adults split the scene and Knievel and a few others

28   started having a good time with the liquor. Mr./Mrs. Byrd brought the alcohol inside, but then

29   just left it out there in the kitchen. I think Thomas might have said something about “that’s for

30   adults, not you kids,” but come on, who listens to that stuff? S/he even made a sign to put on the

31   beer cooler “BEER ADULTS ONLY” – I took a picture of that for sure…I mean, what a nerd.

32   Thomas was so proud of her/his chocolate fondue s/he had me take a photo of it. What was

33   really cool was getting a photo of Thomas with that chocolate plastered all over her/himself.

34          Anyway, with all that alcohol sitting out, what do you expect with a bunch of kids? I saw

35   Knievel pour more than a little of some hard stuff into her/his soda bottle. I think it was a cola or

36   something. I really don’t know what else it had in it before the vodka. I couldn’t tell for sure if

37   Knievel had already been drinking before this vodka, but s/he was acting pretty bold. Anyway, I

38   knew I should keep an eye on this one because something interesting was gonna happen.




                                                      23
39          There was a group of kids in the basement playing with the Wii, or whatever, and the rest

40   of us were outside on the deck or in the kitchen. Like I said, Puck’s mom/dad and the rest of the

41   adults who were still there had gone downstairs earlier to check out some new DVD equipment,

42   or to watch a movie or something. No adults were upstairs in the kitchen area when Knievel

43   made her/his move.

44          Knievel started in right away on the hard alcohol. A few others were into the whiskey,

45   which was smelling pretty good to me. Some kids had beers. We were having a great time. I

46   was watching, laughing and shooting photos on my phone. It was a pretty cool time. I took a

47   few shots of some of the better stuff that night. It was great. I got photos of a kid trying to brand

48   his pals with a tiki torch. I don’t know if that kid ever had anything to drink at the party, but he

49   musta been drinking somewhere.

50          Finally, watching Knievel paid off. I got the best shot of the night – Knievel’s back flip

51   off the deck. I don’t have anything against Knievel. S/he’s okay. Never really had any problem

52   with her/him. Just seems like kind of a loner. But, hey the night of that party Knievel was the

53   best entertainment around, and I wanted to be sure to catch it on film for my fans.

54          Knievel seemed to be getting pretty drunk real fast. I had a feeling that something was

55   gonna happen. So, I stayed close, just watching and laughing. So, Knievel sees me watching

56   her/him and starts to ham it up for the camera. Looked like s/he was trying to surf or something.

57   Then all of a sudden s/he stumbles backwards and I got a shot of her/his feet in the bushes after

58   going airborne over the railing. It was great. After that I decided to split. Party seemed to be

59   winding down anyway, and I wanted to post these new photos to MySpace. It musta been

60   around 1:00 a.m. when I left for home.




                                                      24
61          I took a parting shot of the basket of keys once I fished my own out of there. Just looked

62   kinda surreal, what with the tilted handwritten sign and all that was going on. I don’t know what

63   they meant by that basket, but I was hoping that it would keep Knievel out of the driver’s seat.

64   Of course it didn’t, as you know. Man, I shoulda been there to catch the crash. Now that woulda

65   been a photo! But at least I got the best ones of the party onto MySpace and finally got to bed

66   about 2:30.

67          Sure didn’t take long for the cops to find me. Officer O’Toole came to see me about a

68   week later. I guess s/he got my photos off MySpace. I told him/her what I saw and s/he wanted

69   to see all of my photos. For some reason s/he took a copy of the photo of the cooler on the deck

70   with the handwritten sign. I know s/he also took a copy of the one of Knievel upside down off

71   the deck. The cop was real interested in that one. Then I got a subpoena and here I am.

72   Awesome. I am ready to testify.


                                                                         /s/
                                                           Lee/Leigh Parazzi


     SIGNED AND SWORN to this 5th day of October 2009.

                     /s/
     Patricia Stratigas, Notary Public, State of Florida
     My Commission Expires: 11/02/10

     FURTHER AFFIANT SAYETH NAUGHT.




                                                      25
              IN THE CIRCUIT COURT OF CRIST COUNTY, STATE OF FLORIDA
                          GENERAL JURISDICTION DIVISION

                                                     Case No. 2009 CA 1122


     STATE OF FLORIDA,                                )
                 Prosecution                          )
                                                      )
     v.                                               )
                                                      )
     CHRIS BYRD,                                      )
                   Defendant.                         )
     _____________________________________/           )

                          SWORN STATEMENT OF LEN/LYNN KNIEVEL

 1           My name is Len/Lynn Knievel, and I live at 1313 Jumpfountain Drive, Apt. 1, in Falls

 2   Chase. My parents live just outside of Falls Chase on an acreage with my twin sisters, who are

 3   sophomores at Kottkamp High School. It is great to have my own space! Oh, and I have a pet

 4   hamster named Morelli, who eats Cheetos like crazy – just like the hamster does in the J.

 5   Evanovich novels. They won’t let me have a dog in this apartment building. Bummer.

 6           Oh, yeah, just so you know my last name is pronounced Kuh-nee-vull. Seems like people

 7   around my age are always mispronouncing it. For some reason old people -- like over thirty-five

 8   -- know how to pronounce my last name and they sometimes even chuckle when I tell them my

 9   name.

10           Anyway, I’m eighteen, and right now I work at this sandwich shop. Maybe you’ve heard

11   of it -- Johnny Jim’s. Been workin’ there two and a half years, part-time when I was in high

12   school and now full-time. I’m pretty much the fastest sandwich maker at my restaurant, and the

13   lettuce and cheese is probably where I’m best on the line. For some reason they won’t let me be

14   a delivery driver.




                                                    26
15          I’ll be back in school next semester at Eagle University. Or at least that’s my plan. I

16   want to take more exercise science classes and also some engineering and be a professional

17   stunt-person in Hollywood. I started out at the U this semester but things were just all messed

18   up. Like my ten o’clock class clear across campus from my eight-thirty class and nowhere to

19   park, and then my history professor mumbled and you couldn’t stay awake. It was basically a

20   nightmare, and after a while it just made sense to work more at the sandwich shop and make

21   some money.

22          Plus I need the money, since I just moved into an efficiency apartment. Actually, moving

23   out happened after I, like, stepped down from this semester’s classes. My parents weren’t real

24   happy about that academic development. My Mom works at a doctor’s office doing coding, and

25   my Dad sells paper for an office supply company.

26          They said I needed a wake-up call and this was just tough love and we all knew it was

27   still my home, but it was no example for me to set for my younger sisters so maybe I should

28   move out for a while.

29          I couldn’t believe it. My own parents. After I had just gotten a bunch of stuff

30   straightened out in my life. Like I quit partying, but somehow that didn’t impress them. Haven’t

31   had a drop since August and I feel great. Even started running again in the mornings. I was on

32   the track team freshman and sophomore years in high school but then the coach was always on

33   my case and I didn’t go out after that. Did the hurdles and long jump. People used to dare me to

34   try to jump over things. Picnic tables, motor scooters -- no problem. The only snag was when I

35   broke my wrist junior year trying to jump off a curb over my Dodge Neon. I’d had two or three

36   beers before trying that, to be honest with you.




                                                        27
37           Yeah, I drank a little in high school. Got charged with MIP sophomore year, but it was in

38   juvenile court and I just admitted it was true and they put me on a plan where I had to go to some

39   classes and do volunteer work and stuff. They said it wouldn’t be on my permanent record.

40           So you probably want to hear about the graduation party at the Byrds’ house. Okay, it

41   was May 16, 2009, and earlier that day we’d all graduated from Kottkamp High. Lots of parties

42   that night. I got to this one about 8:30 that night. Parked my Neon in front of the house next

43   door. Now, my Neon is no ordinary car. It’s white with two blue racing stripes that go up the

44   hood, roof and trunk lid, and it’s got a modified muffler so you can really hear it wail when it’s

45   pushin’ the RPMs. I take pretty good care of it, and it takes care of me. My friends and I used to

46   race around the Gus’ Supermarket parking lot late at night, and I could dust them all.

47           Anyway, it was kinda dark along the street in front of the Byrds’ house and I was worried

48   that I might have scuffed my special low-profile tires on the curb. But when I got out of the car

49   and looked it was okay; I didn’t hit the curb or go up into anyone’s yard. I think I was just

50   finishing one of those tall cans of Superwicked Energy Drink that I had brought from home

51   ‘cause I knew it could be a late night, and I might have left the can on top of my Neon. I’ve

52   heard that some neighbor says I rolled up there with alcohol in hand. That’s not true at all. Like

53   I said, it was just an extra tall can of energy drink.

54           There was like a hundred people at the party, maybe more. In the back yard, on the back

55   deck, and in the kitchen. All kinds of those little lights strung in the back yard trees. These

56   flaming tiki torches lining the yard. Pretty cool.

57           I went by myself, but there were all kinds of people there I knew -- some of the jocks,

58   some of the geekier kids like Thomas and Parazzi, some of the partiers -- just a pretty good mix

59   of people. I wasn’t one of the popular kids in our class, but then again I didn’t really have too




                                                        28
60   many enemies. I’d show up at most of the big parties when someone’s parents were out of town,

61   and you get to know people that way. Word spreads pretty quick when there’s a good party. In

62   fact, early that day Puck had sent me a text message saying stop by, it’s going to be a REAL

63   party. So I figured there’d be some drinking at some point.

64          I’d been over to the Byrds’ place once or twice while we were in high school. Once was

65   after a football game and there were maybe 10 people over there playing Wii and Guitar Hero

66   and just hanging out. That was the time Mr./Mrs. Byrd tried to accuse me of stealing some CDs.

67   S/he tried to act like he/she was joking -- like, “I bet you know what happened to my Jethro Tull

68   albums,” but I could tell it was partly serious. I don’t even know who Jethro Tull is, except that

69   he used to be in Led Zeppelin. Or the Beatles. Whatever.

70          Besides, Mr./Mrs. Byrd is kinda weird. S/he seems like one of those people who dresses

71   up for Renaissance festivals or whatever. I mean, that night s/he accused me of stealing, s/he

72   was walking around with this plastic skull in his/her hand and talking to it -- like all “forsooth”

73   and “methinks” and messed up stuff like that.

74          So back to graduation night. I had a few Mountain Dews and talked with people in the

75   back yard. Kids, parents, whoever. Went up on the deck a few times where they had coolers of

76   soda, a cooler of beer, and then some bottles of hard liquor on the table. There were some kind

77   of signs on the coolers; don’t remember what they said. There were a couple parents taking turns

78   behind the table, pouring drinks for the adults. The first time up there I acted like I was reaching

79   into the beer cooler, and Mr./Mrs. Byrd was up there and said something like: “Not so fast,

80   kiddo; drinking’s bad for you.” And winked at me. Riiiiiiiight. I got the message. So I just got

81   another Dew and figured the real party would start a little later.




                                                      29
 82          Right about that same time is when I stepped into the kitchen, just to check out what was

 83   going on, and saw the basket of car keys on the table. I just threw mine in too, not really

 84   knowing what sort of condition I’d be in later. There were probably 5 or 6 other sets of keys.

 85          So eventually 10:30 or 11:00 rolled around and the few adults who were still there all

 86   went inside, down to their family room to check out their new home theatre or whatever. I

 87   happened to be going up the stairs to the deck at that point, and I remember Mr./Mrs. Byrd

 88   saying something to Puck like, “Don’t do anything I wouldn’t do.” Well, I had personally seen

 89   Mr./Mrs. Byrd pouring and drinking rum and cokes that night, so what do you think that meant?

 90          So then Mr./Mrs. Byrd and the few other last adults go inside, shut the sliding glass door

 91   and it’s just us kids out there -- maybe 30 of us at that point. Yeah, Mr./Mrs. Byrd and another

92    adult took the bottles and put them on a table in the kitchen and pulled the beer cooler into the

93    kitchen, but you could still see the all the booze in plain sight. Then the adults were all gone,

 94   and I didn’t see any of them the rest of the night.

 95          Now I normally didn’t drink that hard stuff -- nasty -- but it was a big night. So I opened

 96   the sliding glass door, walked into the kitchen, grabbed two or three bottles, went back on the

 97   deck and poured some vodka in my bottle of Dew. Tasted pretty good. Pretty much chugged

 98   that. Filled ‘er up again.

 99          There were probably 10 other kids on the deck at that point, and at least 7 or 8 of them

100   poured themselves drinks -- either mixing the booze with soda or just doing shots out of plastic

101   cups. A few kids were also drinking beer, but not me. I didn’t have one beer that night.

102          Then we were doing all kinds of stuff. Shooting baskets in the driveway. Texting people

103   to find out where the other good parties were. Giving each other a hard time about whatever.

104   One kid was running around with a tiki torch trying to brand his buddies. Typical stuff. Thomas




                                                       30
105   like fell in the mud or something and was covered with it. That kid is nice and all, but I’m afraid

106   the real world is going to eat him/her up. I mean, Thomas actually said to some of us on the

107   deck that it was illegal for minors to drink alcohol. Like we didn’t know that. I just said,

108   “Thanks for the news flash” and tried not to laugh.

109          Puck was there the whole time -- well, most of the time anyway -- and didn’t tell anyone

110   not to drink. I guess I never saw Puck with any alcohol. Pretty straight shooter, that one, but not

111   a dork like his/her mom/dad.

112          It gets a little fuzzy at that point. Seems like I refilled on the vodka and Dew three or

113   four more times. At one point I was talking to some exchange student kid about the beaches in

114   his country and was totally convinced that I needed to learn to surf and then I must have fallen

115   backwards off the deck railing into a bush. Luckily it was soft. That was a big hit, and I’m sure

116   there’s a dozen pictures of that on the net somewhere. From that Parazzi if no one else.

117          And then? Wow. Then my watch says like 1 o’clock a.m. and I’m knocking over the

118   key basket and finding my keys -- no adults around in the kitchen, of course -- then I kinda

119   remember being in the Neon going past houses and I’m trying to adjust the bass on my stereo for

120   this one song by Coldplay and then BAM!

121          The most sickening sound and feeling of my life. My head hit the windshield very hard,

122   and I’m thrown back into my seat. Guess the airbag wasn’t operational, and like a dummy, I

123   wasn’t wearing my seatbelt. I climb out of the car and see that I’ve hit this big oak tree in

124   someone’s yard. A couple days later I went back and saw the marks on the curb where my front

125   tires and the underside of the Neon must have hit it. I gouged that tree pretty good.

126          So after I got out of the car that night I threw up in the yard. Partly because my head was

127   spinning and they told me later I had a bad concussion. Partly because you just don’t realize




                                                       31
128   how out of it you are until something like this happens, and then it’s too late. Some cop was

129   there, asking questions. Officer O’Toole, maybe? Don’t even remember what I said. Then I

130   don’t remember anything until waking up 18 hours later at the hospital. I guess they blood-

131   tested me somehow and I had like a .16 blood alcohol level. Yeesh. I had this horrible

132   headache, and to be honest I still get migraine headaches and dizziness sometimes and have to lie

133   down for a few minutes. Never had that happen before that stupid accident.

134           But anyway, while I was at the hospital on that Sunday the cop came back to talk some

135   more. It’s all a little fuzzy, but what I remember is just asking questions and telling what

136   happened: Mr./Mrs. Byrd basically gave us the old wink-wink-nudge-nudge and let us drink, and

137   I got really drunk. I admitted drinking vodka. But that cop was also asking me about drinking

138   beer and I’m like, “No way -- you can take my finger-prints and check any beer can at that

139   place.” But the cop never did take my prints.

140           I have no idea why a bunch of adults would let kids drink vodka, gin, whiskey on

141   graduation night. A couple beers maybe, but that hard stuff messes you up quick. Don’t get me

142   wrong -- a big part of this was my fault and I got out of control. But Mr./Mrs. Byrd shouldn’t be

143   pretending like s/he had no idea what was going on. A bunch of kids, no supervision late at

144   night, and plenty of liquor and beer. What did s/he expect to happen? So when the cop and that

145   assistant state attorney talked to me about me telling what happened at the party, that’s what I

146   did. Yeah, my attorney and I reached a deal that I’d plead to plain old DUI and the state attorney

147   would drop the reckless driving charge. But that has nothing to do with what I’m saying. This

148   is the truth.

                                                                         /s/
                                                            Len/Lynn Knievel




                                                      32
SIGNED AND SWORN to this 5th day of October 2009.

                /s/
Patricia Stratigas, Notary Public, State of Florida
My Commission Expires: 11/02/10

FURTHER AFFIANT SAYETH NAUGHT.




                                                 33
              IN THE CIRCUIT COURT OF CRIST COUNTY, STATE OF FLORIDA
                          GENERAL JURISDICTION DIVISION

                                                       Case No. 2009 CA 1122


     STATE OF FLORIDA,                                 )
                 Prosecution                           )
                                                       )
     v.                                                )
                                                       )
     CHRIS BYRD,                                       )
                   Defendant.                          )
     _____________________________________/            )

                               SWORN STATEMENT OF CHRIS BYRD

 1          My name is Chris Byrd, I live at 58100 Hathaway Drive in Falls Chase, Florida. Let me

 2   say at the outset that I did not provide alcohol for minors, except for my son Puck who is allowed

 3   to drink alcohol since it is his home too. This charge is much ado about nothing.

 4          I have a degree in English literature, concentrating on the Shakespearean era. Since

 5   college, I have been working as a merchant in Venice, Florida, which is east of Falls Chase a few

 6   miles. We sell novelties at my store. I am assistant manager so I am a procurer of inventory, and

 7   I help stock the shelves. I am very proud that I have never missed a day of work. Even in the

 8   worst tempest, I get to work. Perhaps I should focus on this case for now.

 9          I was married, but I am now a widow/widower. My spouse was killed in a tragedy by a

10   drunk driver. We have two sons. Along with two gentlemen of Verona, Italy and another

11   gentleman of Athens, Greece, my eldest son is working on a Hamlet reconstruction project for

12   the Prince of Denmark. It is a tragedy that he is so far away. Love’s labor lost, I guess. My

13   younger son, Puck, just graduated from high school. I am very proud of him. He was accepted

14   for an internship in a theatre company in Stratford-on-Avon, England. He left just two days after

15   the party.



                                                     34
16          I decided to throw a party on May 16, 2009 to celebrate his graduation, mourn his going

17   away, and to celebrate his internship. It was a comedy of errors from the start. He invited nearly

18   everyone in Falls Chase. There was even a Facebook or iTune or some such thing sent out.

19          Puck and I also invited a number of adults, including the merry wives of Windsor, who

20   have a business in Falls Chase. All of these adults were invited because they have played a part

21   in raising Puck. I purchased the beverages for the kids and for the adults. I got several cubes of

22   Dew, a cube of Coke, a cube of some diet soda, several cases of beer plus some hard liquor. I got

23   rum, whiskey, vodka, gin and some wine. I thought we might have 10-15 adults, and I wanted to

24   be ready.

25          This party was to be a midsummer night’s dream. Then Knieval showed up. S/he is not

26   really welcome in my house. Once before Knieval was at the house, and some of my records

27   turned up missing, including some rare music from Pericles and Cymbeline who were a folk

28   music duo from my era. I bet a lot of high school teachers have heard of them. Also missing

29   were some Grateful Dead or Rolling Stones stuff too. Anyway, I confronted Knieval. S/he

30   denied taking anything (which means s/he did not accept responsibility) so I kicked him/her out

31   of the house.

32          In preparation for the party, I got several coolers out and placed them in the backyard.

33   Each cooler was filled with ice and something to drink. I put the soda in a separate cooler from

34   the beer. The bottles and glasses were on a folding table near the coolers. During the party

35   someone put signs on each cooler, which was thoughtful. The beer cooler had a sign which said,

36   “Beer, adults only.” That seemed odd since only adults are allowed to drink alcohol anyway, but

37   I did not change the sign.




                                                      35
38           The party started around 7 p.m., and only adults were there except for the fondue kid and

39   a couple of Puck’s closest friends. The fondue kid is somewhat strange and seems to dote on

40   Puck.

41           Anyway, I only had a couple of glasses of whiskey on the rocks before the party really

42   started picking up. I tapered off so I could be the perfect host/hostess. Around 8:30 or 9:00,

43   Knievel showed up. As I said, s/he is not welcome in my house. I should have thrown him/her

44   out right then. Soon after Knievel arrived, I was sitting at the drinks table asking each person

45   what they would like to drink so I could fix it as they liked. Knievel came over to the drink

46   coolers. S/he actually tried to get a beer right in front of me. I should have thrown her/him out

47   right then. I put a stop to his/her attempt right quick. I said, “Not so fast, klepto, drinking is bad

48   for you.” I’ve heard that Knievel claims that I winked. I might have had something in my eye but

49   I did not deliberately wink or encourage Knievel to obtain any of my alcohol. Remember,

50   Knievel had already stolen from me. S/he is the last person I would procure alcohol for.

51           Besides, Knievel appeared to have already been drinking. S/he was awkward when s/he

52   walked. Her/his speech was mumbled. After that I asked one of the other adults to keep an eye

53   on the drinks area any time I was away from it myself.

54           Around midnight, a few of the remaining adults and I went to the rec room in the

55   basement to watch a movie. Tony and Cleo, our next door neighbors were there. Budinski, the

56   other neighbor, was also there but left somewhat early. And Pericles was there with Cymbeline.

57   They are an odd couple. We watched The Tragedy of Romeo and Juliet, actually.

58           Before I went in, I moved the beer cooler into the kitchen and brought all the bottles of

59   hard liquor onto the kitchen counter. I cannot remember if the “adults only” sign was still on the

60   beer cooler. I never even considered moving the alcohol into the garage although it is just a few




                                                       36
61   steps beyond the kitchen. It did not occur to me that kids would get into my booze. I thought that

62   moving the alcohol away from the remaining kids was a pretty clear indication. On my way in, I

63   told Puck “don’t do anything I wouldn’t do.” This was not addressed to anyone except Puck. No

64   reasonable person would have made anything out of that.

65          I also placed a basket on the kitchen counter at the beginning of the party with a sign

66   saying “keys.” My plan was to have everyone’s keys in case we needed to shuffle cars during the

67   party. If someone came early and got boxed in, I could get them going. I never imagined that any

68   of the kids would be drinking alcohol at this party. I did not monitor the key basket. If someone

69   had too much to drink (one of the adults, I mean) I trusted them not to try to drive home.

70          Imagine my surprise when the cop arrived in the middle of the night. S/he immediately

71   treated me as if I were guilty. I tried to explain that I had done nothing wrong. The officer even

72   started complaining that I do not recycle properly. S/he took photographs of the alcohol bottles

73   on the kitchen counter. Really, the officer took measure for measure in the backyard, pacing and

74   writing down the distance from the porch to where the coolers were. That seemed a little much.

75   Then the officer told me that Knievel had been in an accident. I was not surprised since Knievel

76   seemed to be under the influence even before s/he got to my party. I was, however, shocked and

77   angry when the officer told me that I was getting a citation for providing alcohol to Knievel. I

78   did no such thing. This stirred up a tempest, but the officer had his/her mind made up even

79   before s/he heard my side of things. Call it what you will, but on the twelfth night after I got that

80   citation, I decided to fight this charge. I wrote this summary which is true and accurate, so help

81   me. I mailed a copy to Officer O’Toole.

82          After writing this statement to mail to the officer, I contacted my attorneys, who are

83   going to be partners someday with the firm of Social & Lights, LLP. I want my attorneys to




                                                      37
84   prevent a tragedy. They told me that mailing a statement to the police was not a really good idea.

85   It does not matter since it was the truth.

86          All’s well that ends well and this will end well only when the charges against me are

87   dismissed.

                                                                         /s/
                                                           Chris Byrd

     SIGNED AND SWORN to this 10th day of September 2009.

                     /s/
     Patricia Stratigas, Notary Public, State of Florida
     My Commission Expires: 11/02/10

     FURTHER AFFIANT SAYETH NAUGHT.




                                                      38
               IN THE CIRCUIT COURT OF CRIST COUNTY, STATE OF FLORIDA
                           GENERAL JURISDICTION DIVISION

                                                       Case No. 2009 CA 1122


     STATE OF FLORIDA,                                 )
                 Prosecution                           )
                                                       )
     v.                                                )
                                                       )
     CHRIS BYRD,                                       )
                   Defendant.                          )
     _____________________________________/            )

                             SWORN STATEMENT OF RAY/RAE BUDINSKI

 1           My name is Ray/Rae Budinski. I live at 58102 Hathaway Drive, right next door to the

 2   Byrd family. Just celebrated my 40th wedding anniversary with my honey. My three children,

 3   Larry, Mary, and Terri, and their families threw a very nice party for us in the church basement.

 4   I can hardly believe I have ten grandchildren.

 5           My son Larry is a commercial pilot. After he graduated from high school, he joined the

 6   Air Force and proudly served our country for 15 years. That’s of course, where he learned to fly.

 7   We are so proud of him.

 8           Mary was our athlete. She played three sports in high school. Ended up playing

 9   volleyball on a scholarship at Falls Chase College. She works part time as a teacher’s aide at

10   Meadowlark Elementary where her two oldest kids go to school. She keeps very busy with all of

11   the kids’ activities.

12           Our daughter Terri is the youngest. I’ll admit, she had a few problems growing up, but

13   she’s past that now. It was just your typical teenage stuff--sneaking out at night, underage

14   drinking once in a while…but she has turned into a fine adult and we are excited for the arrival

15   of her first child.



                                                      39
16          Since I retired from the post office last year, I have spent my time golfing and working

17   around the house. I also volunteer for several charities and organizations. Once a week, I help

18   work on the local Habitat for Humanity House. I also spend time at the City Library with my

19   dog Bubba, a yellow lab. They have a program called “Tales and Tails” where children with

20   reading problems can practice their skills by reading a story to a dog. The kids love reading to

21   Bubba because he is very patient and doesn’t complain or look down on them when they struggle

22   with a hard word.

23          I also spend much of my free time tending to my garden. All of the neighbors say that I

24   have the best looking roses in town. I am working on a hybrid that I hope to name the

25   “Budinski.” It’s the deepest shade of yellow you’ve ever seen.

26          I have lived in the same house for 39 years. I cannot remember exactly when the Byrds

27   moved in, but the children were still in grade school at the time. The Byrds have always been

28   good neighbors.

29          I remember May 16 like it was yesterday. Chris prepared for weeks for that party. S/he

30   painted the house and put in some new landscaping. I even remarked to Chris that s/he was

31   starting to make the rest of the neighborhood look bad. S/he replied that this was going to be the

32   party of the year. S/he was so proud of Puck, his graduation and the start of his internship in

33   England.

34          On the morning of the 16th, while I was working in my garden, I saw Chris carrying a

35   bunch of boxes into the house. I offered to help and Chris said s/he could really use a hand.

36   Several of the boxes were heavy and made a lot of clanking noises when I carried them in.

37   Sounded like a lot of liquor bottles to me. I asked what was in the boxes. Chris just laughed and

38   said, “many of my relatives like to party—I just need to keep the kids away from this stuff.”




                                                     40
39          It seemed like the whole neighborhood went to the graduation party. There were cars

40   parked everywhere. We arrived around 7:30 p.m. You know, you never want to be the first one

41   at a party! I had a nice time catching up with the neighbors and meeting some of the Byrds’

42   family members. Everyone seemed to be having such a nice time. My wife/husband and I

43   laughed at how that sweet Bobby/Bobbie Thomas followed Puck around all night. That fondue

44   was good!

45          I went back home around 8:30 p.m. It wasn’t until the next day that I heard about that

46   Knievel kid’s accident and the trouble s/he caused for the Byrds. I was working out in the

47   garden when Chris came up to me and told me what had happened. S/he said that Officer

48   O’Toole came to his/her door in the middle of the night asking a lot of questions. Chris was

49   extremely upset about the whole thing. I can’t believe that s/he ended up being charged with

50   “Open House Party” and “Contributing to the delinquency of a minor.” I told him/her that I

51   would help in any way I could after I found out about the charges because I didn’t see him/her do

52   anything wrong that night.

53          Here’s what I remember:

54          Around 9:00 p.m. I was getting ready for bed because I had an early day at the Rose

55   Society Show the next day. That’s when I heard the obnoxious sound of mufflers near my

56   house. I looked out my front window and saw a souped up Dodge Neon parked right in front of

57   my house. I then saw Knievel get out of the driver’s side door. S/he had a big can of beer in

58   her/his hands. It looked like it was in some kind of koozie, but I’m sure it was a beer. Who can

59   mistake that?

60          I’d know that Knievel anywhere. I go to Johnny Jim’s every Monday for a lunch break

61   from the Habitat house. I somehow end up having Knievel help me every time. S/he may be




                                                    41
62   fast, but s/he always forgets to leave the lettuce off of my sandwich. Whatever happened to good

63   customer service anyway?

64          I watched Knievel walk up to the Byrds’ house. S/he got very close to stepping on my

65   roses. I couldn’t figure out why that Knievel kid would be going to this graduation party. It

66   doesn’t seem like Puck and Knievel would be friends. Shortly after that I went to bed and didn’t

67   hear anything the rest of the night.

68          The next morning, I went out to the curb to check my roses. It seemed like there had

69   been a party right there. I found several beer cans, some empty Mountain Dew cans, and a half

70   empty can of one of those energy drinks. I picked them up, poured out the energy drink, and put

71   the cans into my recycling bin.

72          I also found my garden gnome was broken. Composite Exhibit H, attached to this

73   statement, shows two photos I took of the gnome. I’m sure Knievel is responsible for breaking

74   it. I took these photos because I was planning on talking to her/his parents to show them what

75   s/he had done!

76          After I heard about what happened to Chris, I tried to contact Officer O’Toole. I felt it

77   was the least I could do since I’m sure Chris is not guilty of what they say s/he did. It took

78   several weeks for O’Toole to get back to me; something about a trip back to the homeland. I

79   wasn’t worried about the delay, though, because I know what I saw. In fact, I still had the beer

80   cans that were left on the curb by Knievel after the graduation party because I had not taken a

81   trip to the recycling center in a while. When O’Toole finally got back to me, I gave him/her the

82   beer cans. I thought it would be good evidence to prove that Knievel did not get the beer from

83   Chris. I did not give O’Toole the can of energy drink. Didn’t seem important to me and s/he

84   didn’t ask about it.




                                                      42
85          O’Toole asked me a lot of questions about the Byrds’ party. Gee wiz, it seems like s/he

86   was out to get Chris. I don’t remember seeing a basket of keys at the party. I wasn’t looking for

87   one, either, because I walked to the party. And I sure didn’t see any of the kids drinking alcohol.

88   It just wasn’t that kind of party. Puck has always been a good kid.

89          Not that it is any of your business, but my eyes aren’t 20/20 like they used to be. The

90   grandkids keep saying I need to wear my glasses all of the time. I only really need them to drive,

91   and sometimes at night. I have no idea whether I had my glasses on when I saw Knievel park in

92   front of my house that night. Why would I remember something like that?

93          No, there are no street lights on Hathaway Drive, but I always keep the porch light on at

94   night. It helps the newspaper delivery person see where he is going.

95          In my opinion, Chris Byrd is an honest person. Everyone in the neighborhood thinks so.

96   If s/he says s/he didn’t give alcohol to Knievel, then s/he didn’t. Case closed.

97          That’s all I know.

                                                                        /s/
                                                           Ray/Rae Budinski

     SIGNED AND SWORN to this 12th day of October 2009.

                     /s/
     Patricia Stratigas, Notary Public, State of Florida
     My Commission Expires: 11/02/10

     FURTHER AFFIANT SAYETH NAUGHT.




                                                      43
              IN THE CIRCUIT COURT OF CRIST COUNTY, STATE OF FLORIDA
                          GENERAL JURISDICTION DIVISION

                                                     Case No. 2009 CA 1122


     STATE OF FLORIDA,                                )
                 Prosecution                          )
                                                      )
     v.                                               )
                                                      )
     CHRIS BYRD,                                      )
                   Defendant.                         )
     _____________________________________/           )

                       SWORN STATEMENT OF BOBBY/BOBBIE THOMAS

 1          My name is Bobby/Bobbie Thomas. I’m 18 and a freshman majoring in Architecture at

 2   Sunshine University. I have always wanted to be an architect, just like George Costanza, but for

 3   real. Mike Brady is my hero!

 4          I live on campus in the Fonda dorm – named after a famous actor. My address is 2210 S.

 5   93rd Street, #503, Falls Chase Florida. I’m excited about my first semester and plan on studying

 6   hard to maintain my scholarship. My older brother, Mark, is a junior at the University and he

 7   helped me move. He’s pretty cool. My little sister Cindy Lou is an eighth grader. My Dad,

 8   Arnie, is an Electrical Engineer at Hoffmann Engineering. My Mom, Vickie, is the Executive

 9   Director of the Gathering Home, which provides free meals to those less fortunate in the

10   community.

11          I am Puck Byrd’s best friend. We have been friends since…well, ever since I can

12   remember. We used to live next door to each other. We became best friends one summer when

13   we both had chicken pox. We couldn’t play with anyone else because we were contagious, but

14   we could play together. In fact, it was the next spring that Puck saved my life! We were like 8

15   years old. I had gotten a pet bunny, Flopsy, for Easter. Flopsy was the best pet ever! Well, one



                                                    44
16   day we were playing with Flopsy and she got spooked by the neighbor’s dog. She ran out into

17   the street. I was horrified. I couldn’t even watch. Thank goodness Puck ran out into the street

18   and saved her. It was so heroic. So, ever since then we have been best friends. There is nothing

19   I wouldn’t do for Puck because as far as I’m concerned, s/he saved my life too that day.

20          I can’t believe Mr./Mrs. Byrd is in trouble over Puck’s graduation party. I mean, I was

21   there the whole night, well, almost the whole night. We were both graduating, but my parents

22   had my graduation party the week before, which was great, because then I could be at Puck’s

23   party the whole time. My party was pretty quiet, just family and a few friends. I was really

24   excited about Puck’s party because it was going to be a lot more fun. I knew there would be lots

25   more people. I was going to be in charge of the chocolate fondue. I love chocolate! Those

26   things are so cool. I got to shadow Chef Nadar at Billy’s Restaurant for a whole day to learn the

27   best technique, and he even let me sample some. I knew the word was out about the chocolate

28   fondue at Puck’s party, because there were texts going out about how this was going to be a real

29   party. Everyone was talking about it.

30          I just think its crazy anyone would say that Mr./Mrs. Byrd provided alcohol to the

31   students at the party. I was in the Students Against Drunk Driving club in high school. I was the

32   secretary for two years. I was in charge of putting up posters and making sure that if anyone was

33   stupid enough to drink, which they shouldn’t because they are not old enough, but anyway, that

34   there was someone available to drive them home. Sometimes I knew the driver, but sometimes I

35   would just make sure there were other drivers available. Puck was never in Students Against

36   Drunk Driving officially with me, but he knew how important it was to me. If I thought there

37   would be alcohol available to students at the graduation party, I would never have gone. Well, I

38   probably would have gone, but Puck would have known I wasn’t happy about the alcohol.




                                                    45
39          So, the day of the party, May 16, 2009, I got to Puck’s house after 6:00. I was so excited

40   to see how the chocolate fondue maker worked. The fondue maker was heavier than I thought it

41   would be, so I needed help. Mr./Mrs. Byrd didn’t help me because s/he didn’t have a hand free.

42   S/he already had a drink in his/her hand. I thought it was strange Mr./Mrs. Byrd was drinking

43   alcohol so early. It was even before any of the guests had arrived. I don’t know what it was, but

44   it sure smelled bad. S/he must have liked it though, because s/he wouldn’t set it down for even a

45   minute to help me. I helped set up everything else for the party, so I saw there were three coolers

46   set up out back with beer in one, soda in one, and bottles of water in one. At the beginning of the

47   party I noticed there was no one serving drinks and no adult near the liquor on the deck. I went

48   to Mr. /Mrs. Byrd and said “Are you going to have someone serve drinks?” S/he didn’t respond.

49   I offered to take a shift to guard the adult cooler, until I realized my fondue was starting to

50   bubble, so I needed to tend to the fondue. Before I left my post, I thought there should at least be

51   a sign. I made the signs for the coolers so everyone would know what was in each cooler, so you

52   didn’t have to open them. It would keep the ice from melting. Plus, on the beer cooler, I put a

53   sign “BEER ADULTS ONLY,” as if the students wouldn’t know they weren’t old enough to

54   drink. A photo of the sign is Exhibit I.

55          The party started about 7:00 p.m. It was really fun. My chocolate fondue was a hit. It

56   was a beautiful fountain of chocolate. So beautiful, I even had Lee/Leigh Parazzi take a picture

57   of it. I was constantly running from the kitchen to the refrigerator in the garage to get more

58   strawberries, pineapple, and marshmallows for people to dip in the chocolate. I started running

59   out of things to set out, so I rummaged through the cabinets in the pantry to find graham

60   crackers, pretzels, and whatever else I could find. But then about 9:00 or so, the worst thing

61   happened. The flame went out and I wasn’t sure what to do to light it again. I should have




                                                      46
62   known better, but I tried to reach under it to light it again, instead of just pulling out the base.

63   Well, you can imagine what happened next…I knocked the whole thing over. There was

64   chocolate everywhere. I had it all over me. I was so embarrassed. I made such a mess. I was a

65   mess. I helped clean it up as best I could, but I walked home, cleaned up and changed. I was

66   probably gone 20-30 minutes. I should have just stayed home.

67           When I got back to Puck’s house, all of the adults had gone into the house. Some of the

68   students were by the beer cooler in the kitchen. I guess they were pretending to get into it

69   because they were laughing. I reminded them it was for adults only, and I wasn’t kidding. They

70   teased me about still having chocolate in my hair. I don’t even know why they were there. They

71   sure weren’t friends of Puck. Anyway, I was so embarrassed I just went to the basement to play

72   Halo 3 in Puck’s room. Puck was cool though and stayed with me. We were still playing Halo 3

73   when we found out about the accident. I don’t want to see anyone get hurt, but s/he should have

74   called me or someone to drive him/her if they were drinking. That’s Knievel’s own fault. I

75   don’t see why s/he is trying to blame Mr./Mrs. Byrd.

76           When I heard about this case, I knew it would be a perfect opportunity to use my brand

77   new CAD computer program to do the floor plans of Mr./Mrs. Byrd’s house. I got it for a

78   graduation present. It was the best graduation present I could have gotten. So, I drew up the

79   plans for the house to show where everything was. It’s even to scale. It shows where everything

80   was. It’s marked as Exhibit J. I may even get extra credit in my Architecture class. I’m going to

81   be an awesome architect.

                                                                          /s/
                                                             Bobby/Bobbie Thomas

     SIGNED AND SWORN to this 12th day of October 2009.

                     /s/



                                                       47
Patricia Stratigas, Notary Public, State of Florida
My Commission Expires: 11/02/10

FURTHER AFFIANT SAYETH NAUGHT.




                                                 48
EXHIBIT A




   49
EXHIBIT B




   50
EXHIBIT C




   51
EXHIBIT D




   52
EXHIBIT D




   53
                                                           EXHIBIT E


                  KRATZ GENERAL HOSPITAL LABORATORY REPORT
                                                 CRYSTAL, FLORIDA


NAME: KNIEVEL                    Tox # 2009-01234              AGE: 17 years

BLOOD ALCOHOL: ....................................................................................................... 0.160g/ml

BLOOD DRUG SCREEN:
    Amphetamines: ....................................................................................................... Negative
    Antidepressants: ...................................................................................................... Negative
    Barbiturates: ............................................................................................................ Negative
    Benzodiazepines: .................................................................................................... Negative
    Cannabioids (THC): ................................................................................................ Negative
    Cocaine/Metabolites: .............................................................................................. Negative
    Lidocaine: ............................................................................................................... Negative
    Methadone: ............................................................................................................. Negative
    Non-Opiate Narcotic Analgesic: ............................................................................. Negative
    Opiates: ................................................................................................................... Negative
    Phencyclidine: ......................................................................................................... Negative
    Phenothiazines: ....................................................................................................... Negative
    Propoxyphene: ........................................................................................................ Negative
    Acetaminophen: ...................................................................................................... Negative
    Salicylates: .............................................................................................................. Negative
    Oxycodone: ............................................................................................................ Negative

Requested by: Dr. Edith Smith                                  Date/Time: 05/17/2009 02:21 AM

Received in Lab by: John L. Carter                             Date/Time: 05/17/2009 02:29 AM

Report by: Dr. Chuck Campbell                                  Date/Time: 05/17/2009 03:45 AM




                                                                  54
EXHIBIT F




   55
EXHIBIT G




   56
COMPOSITE EXHIBIT H




        57
COMPOSITE EXHIBIT H




        58
EXHIBIT I




   59
EXHIBIT "J"




    60
                                    RELEVANT STATUTES

562.11 Selling, giving, or serving alcoholic beverages to person under age 21; providing a
proper name; misrepresenting or misstating age or age of another to induce licensee to
serve alcoholic beverages to person under 21; penalties.--

(1)(a)1. It is unlawful for any person to sell, give, serve, or permit to be served alcoholic
beverages to a person under 21 years of age or to permit a person under 21 years of age to
consume such beverages on the licensed premises. A person who violates this subparagraph
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2. In addition to any other penalty imposed for a violation of subparagraph 1., the court may
order the Department of Highway Safety and Motor Vehicles to withhold the issuance of, or
suspend or revoke, the driver's license or driving privilege, as provided in s. 322.057, of any
person who violates subparagraph 1. This subparagraph does not apply to a licensee, as defined
in s. 561.01, who violates subparagraph 1. while acting within the scope of his or her license or an
employee or agent of a licensee, as defined in s. 561.01, who violates subparagraph 1. while
engaged within the scope of his or her employment or agency.

(b) A licensee, or his or her or its agents, officers, servants, or employees, may not provide
alcoholic beverages to a person younger than 21 years of age who is employed by the licensee
except as authorized pursuant to s. 562.111 or s. 562.13, and may not permit a person younger than
21 years of age who is employed by the licensee to consume alcoholic beverages on the licensed
premises or elsewhere while in the scope of employment. A licensee, or his or her or its agents,
officers, servants, or employees, who violates this paragraph commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083. This paragraph may be cited as "the
Christopher Fugate Act."

(c) A licensee who violates paragraph (a) shall have a complete defense to any civil action
therefor, except for any administrative action by the division under the Beverage Law, if, at the
time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely
evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the
appearance of the person was such that an ordinarily prudent person would believe him or her to
be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully
checked one of the following forms of identification with respect to the person: a driver's license,
an identification card issued under the provisions of s. 322.051 or, if the person is physically
handicapped as defined in 2s. 553.45(1), a comparable identification card issued by another state
which indicates the person's age, a passport, or a United States Uniformed Services identification
card, and acted in good faith and in reliance upon the representation and appearance of the
person in the belief that he or she was of legal age to purchase or consume the alcoholic
beverage. Nothing herein shall negate any cause of action which arose prior to June 2, 1978.

(2) It is unlawful for any person to misrepresent or misstate his or her age or the age of any other
person for the purpose of inducing any licensee or his or her agents or employees to sell, give,
serve, or deliver any alcoholic beverages to a person under 21 years of age, or for any person
under 21 years of age to purchase or attempt to purchase alcoholic beverages.



                                                61
(a) Anyone convicted of violating the provisions of this subsection is guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Any person under the age of 17 years who violates such provisions shall be within the
jurisdiction of the judge of the circuit court and shall be dealt with as a juvenile delinquent
according to law.

(c) In addition to any other penalty imposed for a violation of this subsection, if a person uses a
driver's license or identification card issued by the Department of Highway Safety and Motor
Vehicles in violation of this subsection, the court:

1. May order the person to participate in public service or a community work project for a
period not to exceed 40 hours; and

2. Shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of,
or suspend or revoke, the person's driver's license or driving privilege, as provided in s. 322.056.

(3) Any person under the age of 21 years testifying in any criminal prosecution or in any hearing
before the division involving the violation by any other person of the provisions of this section
may, at the discretion of the prosecuting officer, be given full and complete immunity from
prosecution for any violation of law revealed in such testimony that may be or may tend to be
self-incriminating, and any such person under 21 years of age so testifying, whether under
subpoena or otherwise, shall be compelled to give any such testimony in such prosecution or
hearing for which immunity from prosecution therefor is given.

(4) This section does not apply to a person who gives, serves, or permits to be served an
alcoholic beverage to a student who is at least 18 years of age, if the alcoholic beverage is
delivered as part of the student's required curriculum at a postsecondary educational institution
that is institutionally accredited by an agency recognized by the United States Department of
Education and is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or
that is a public postsecondary education institution; if the student is enrolled in the college and is
required to taste alcoholic beverages that are provided only for instructional purposes during
classes conducted under the supervision of authorized instructional personnel pursuant to such a
curriculum; if the alcoholic beverages are never offered for consumption or imbibed by such a
student and at all times remain in the possession and control of such instructional personnel, who
must be 21 years of age or older; and if each participating student executes a waiver and consent
in favor of the state and indemnifies the state and holds it harmless.

History.--s. 11, ch. 16774, 1935; CGL 1936 Supp. 4151(237); s. 1, ch. 20830, 1941; s. 15, ch.
23746, 1947; s. 20, ch. 25359, 1949; s. 1, ch. 57-327; s. 1, ch. 67-355; ss. 16, 35, ch. 69-106; s.
563, ch. 71-136; s. 2, ch. 72-230; s. 26, ch. 73-334; s. 49, ch. 77-121; s. 1, ch. 78-134; s. 19, ch.
79-11; s. 2, ch. 80-74; s. 413, ch. 81-259; s. 12, ch. 84-359; s. 2, ch. 85-285; s. 3, ch. 90-265; s.
22, ch. 91-60; s. 5, ch. 92-176; s. 858, ch. 97-103; s. 1, ch. 99-156; s. 1, ch. 2002-7; s. 67, ch.
2003-1; s. 4, ch. 2003-20; s. 1, ch. 2006-203.




                                                  62
1
 Note.--Sections 6 and 8, ch. 85-285, in pertinent part provide, respectively, that "in the event
that a federal court of last resort determines that it is unconstitutional for the Federal Government
to withhold transportation funds from the state because the legal age of the sale, consumption, or
possession of alcoholic beverages is under 21 years of age or if federal legislation is enacted to
allow the drinking age to be lowered or modified from 21 years of age, it is the intent of the
Legislature that the amendments to [this section] contained in this act shall be null and void and
that [this section reverts] to the language existing . . . on June 30, 1985."
2
    Note.--Repealed by s. 4, ch. 93-183.
1
    562.111 Possession of alcoholic beverages by persons under age 21 prohibited.--

(1) It is unlawful for any person under the age of 21 years, except a person employed under the
provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his
possession alcoholic beverages, except that nothing contained in this subsection shall preclude
the employment of any person 18 years of age or older in the sale, preparation, or service of
alcoholic beverages in licensed premises in any establishment licensed by the Division of
Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding
the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this
subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082
or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of
this subsection and who is thereafter convicted of a further violation of this subsection is, upon
conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.

(2) The prohibition in this section against the possession of alcoholic beverages does not apply
to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting
the alcoholic beverages as part of the student's required curriculum at a postsecondary
educational institution that is institutionally accredited by an agency recognized by the United
States Department of Education and that is licensed or exempt from licensure pursuant to the
provisions of chapter 1005 or is a public postsecondary education institution; if the student is
enrolled in the college and is tasting the alcoholic beverages only for instructional purposes
during classes that are part of such a curriculum; if the student is allowed only to taste, but not
consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in
the possession and control of authorized instructional personnel of the college who are 21 years
of age or older.

(3) In addition to any other penalty imposed for a violation of subsection (1), the court shall
direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or
suspend or revoke, the violator's driver's license or driving privilege, as provided in s. 322.056.

History.--s. 2, ch. 57-327; s. 2, ch. 72-230; s. 50, ch. 77-121; s. 3, ch. 80-74; s. 3, ch. 85-285; s.
4, ch. 90-265; s. 859, ch. 97-103; s. 2, ch. 2002-7; s. 68, ch. 2003-1.
1
 Note.--Sections 6 and 8, ch. 85-285, in pertinent part provide, respectively, that "in the event
that a federal court of last resort determines that it is unconstitutional for the Federal Government


                                                  63
to withhold transportation funds from the state because the legal age of the sale, consumption, or
possession of alcoholic beverages is under 21 years of age or if federal legislation is enacted to
allow the drinking age to be lowered or modified from 21 years of age, it is the intent of the
Legislature that the amendments to [this section] contained in this act shall be null and void and
that [this section reverts] to the language existing . . . on June 30, 1985."

827.04 Contributing to the delinquency or dependency of a child; penalty.--

(1) Any person who:

(a) Commits any act which causes, tends to cause, encourages, or contributes to a child
becoming a delinquent or dependent child or a child in need of services; or

(b) Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or
perform any act, follow any course of conduct, or live in a manner that causes or tends to cause
such child to become or to remain a dependent or delinquent child or a child in need of services,

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) It is not necessary for any court exercising juvenile jurisdiction to make an adjudication that
any child is delinquent or dependent or a child in need of services in order to prosecute a
violation of this section. An adjudication that a child is delinquent or dependent or a child in
need of services shall not preclude a subsequent prosecution of a violation of this section.

(3) A person 21 years of age or older who impregnates a child under 16 years of age commits an
act of child abuse which constitutes a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. A person who impregnates a child in violation of this
subsection commits an offense under this subsection regardless of whether the person is found to
have committed, or has been charged with or prosecuted for, any other offense committed during
the course of the same criminal transaction or episode, including, but not limited to, an offense
proscribed under s. 800.04, relating to lewd, lascivious, or indecent assault or act upon any
person under 16 years of age. Neither the victim's lack of chastity nor the victim's consent is a
defense to the crime proscribed under this subsection.

History.--s. 50, ch. 74-383; s. 30, ch. 75-298; s. 1, ch. 77-73; s. 1, ch. 77-429; s. 4, ch. 88-151; s.
8, ch. 90-53; s. 2, ch. 96-215; s. 10, ch. 96-322.



856.015 Open house parties.--

(1) Definitions.--As used in this section:

(a) "Alcoholic beverage" means distilled spirits and any beverage containing 0.5 percent or more
alcohol by volume. The percentage of alcohol by volume shall be determined in accordance with
the provisions of s. 561.01(4)(b).


                                                  64
(b) "Control" means the authority or ability to regulate, direct, or dominate.

(c) "Drug" means a controlled substance, as that term is defined in ss. 893.02(4) and 893.03.

(d) "Minor" means an individual not legally permitted by reason of age to possess alcoholic
beverages pursuant to chapter 562.

(e) "Open house party" means a social gathering at a residence.

(f) "Person" means an individual 18 years of age or older.

(g) "Residence" means a home, apartment, condominium, or other dwelling unit.

(2) No person having control of any residence shall allow an open house party to take place at
said residence if any alcoholic beverage or drug is possessed or consumed at said residence by
any minor where the person knows that an alcoholic beverage or drug is in the possession of or
being consumed by a minor at said residence and where the person fails to take reasonable steps
to prevent the possession or consumption of the alcoholic beverage or drug.

(3) The provisions of this section shall not apply to the use of alcoholic beverages at legally
protected religious observances or activities.

(4) Any person who violates any of the provisions of subsection (2) commits a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 4, 5, 6, 7, ch. 88-196; ss. 64, 65, 66, 67, ch. 88-381; s. 45, ch. 91-110; s. 217, ch.
91-224; s. 103, ch. 97-264; s. 9, ch. 99-186; s. 19, ch. 2000-320; s. 1, ch. 2002-60; s. 9, ch. 2002-
78.



316.193 Driving under the influence; penalties.--

(1) A person is guilty of the offense of driving under the influence and is subject to punishment
as provided in subsection (2) if the person is driving or in actual physical control of a vehicle
within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in
s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the
person's normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of
blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of
breath.


                                                 65
(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is
convicted of a violation of subsection (1) shall be punished:

1. By a fine of:

a. Not less than $500 or more than $1,000 for a first conviction.

b. Not less than $1,000 or more than $2,000 for a second conviction; and

2. By imprisonment for:

a. Not more than 6 months for a first conviction.

b. Not more than 9 months for a second conviction.

3. For a second conviction, by mandatory placement for a period of at least 1 year, at the
convicted person's sole expense, of an ignition interlock device approved by the department in
accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and
routinely operated by the convicted person, when the convicted person qualifies for a permanent
or restricted license. The installation of such device may not occur before July 1, 2003.

(b)1. Any person who is convicted of a third violation of this section for an offense that occurs
within 10 years after a prior conviction for a violation of this section commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court
shall order the mandatory placement for a period of not less than 2 years, at the convicted
person's sole expense, of an ignition interlock device approved by the department in accordance
with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely
operated by the convicted person, when the convicted person qualifies for a permanent or
restricted license. The installation of such device may not occur before July 1, 2003.

2. Any person who is convicted of a third violation of this section for an offense that occurs
more than 10 years after the date of a prior conviction for a violation of this section shall be
punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not
more than 12 months. In addition, the court shall order the mandatory placement for a period of
at least 2 years, at the convicted person's sole expense, of an ignition interlock device approved
by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly
leased or owned and routinely operated by the convicted person, when the convicted person
qualifies for a permanent or restricted license. The installation of such device may not occur
before July 1, 2003.

3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of
when any prior conviction for a violation of this section occurred, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed
for such fourth or subsequent violation may be not less than $2,000.

(3) Any person:


                                                  66
(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes or contributes to causing:

1. Damage to the property or person of another commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. The death of any human being or unborn quick child commits DUI manslaughter, and
commits:

a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(I) At the time of the crash, the person knew, or should have known, that the crash occurred; and

(II) The person failed to give information and render aid as required by s. 316.062.

For purposes of this subsection, the definition of the term "unborn quick child" shall be
determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person
who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of
imprisonment of 4 years.

(4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol
level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of
subsection (1) and who at the time of the offense was accompanied in the vehicle by a person
under the age of 18 years, shall be punished:

(a) By a fine of:

1. Not less than $1,000 or more than $2,000 for a first conviction.

2. Not less than $2,000 or more than $4,000 for a second conviction.

3. Not less than $4,000 for a third or subsequent conviction.

(b) By imprisonment for:

1. Not more than 9 months for a first conviction.




                                                   67
2. Not more than 12 months for a second conviction.

For the purposes of this subsection, only the instant offense is required to be a violation of
subsection (1) by a person who has a blood-alcohol level or breath-alcohol level of 0.15 or
higher.

(c) In addition to the penalties in paragraphs (a) and (b), the court shall order the mandatory
placement, at the convicted person's sole expense, of an ignition interlock device approved by
the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly
leased or owned and routinely operated by the convicted person for not less than 6 continuous
months for the first offense and for not less than 2 continuous years for a second offense, when
the convicted person qualifies for a permanent or restricted license.

(5) The court shall place all offenders convicted of violating this section on monthly reporting
probation and shall require completion of a substance abuse course conducted by a DUI program
licensed by the department under s. 322.292, which must include a psychosocial evaluation of the
offender. If the DUI program refers the offender to an authorized substance abuse treatment
provider for substance abuse treatment, in addition to any sentence or fine imposed under this
section, completion of all such education, evaluation, and treatment is a condition of reporting
probation. The offender shall assume reasonable costs for such education, evaluation, and
treatment. The referral to treatment resulting from a psychosocial evaluation shall not be waived
without a supporting independent psychosocial evaluation conducted by an authorized substance
abuse treatment provider appointed by the court, which shall have access to the DUI program's
psychosocial evaluation before the independent psychosocial evaluation is conducted. The court
shall review the results and recommendations of both evaluations before determining the request
for waiver. The offender shall bear the full cost of this procedure. The term "substance abuse"
means the abuse of alcohol or any substance named or described in Schedules I through V of s.
893.03. If an offender referred to treatment under this subsection fails to report for or complete
such treatment or fails to complete the DUI program substance abuse education course and
evaluation, the DUI program shall notify the court and the department of the failure. Upon
receipt of the notice, the department shall cancel the offender's driving privilege, notwithstanding
the terms of the court order or any suspension or revocation of the driving privilege. The
department may temporarily reinstate the driving privilege on a restricted basis upon verification
from the DUI program that the offender is currently participating in treatment and the DUI
education course and evaluation requirement has been completed. If the DUI program notifies
the department of the second failure to complete treatment, the department shall reinstate the
driving privilege only after notice of completion of treatment from the DUI program. The
organization that conducts the substance abuse education and evaluation may not provide
required substance abuse treatment unless a waiver has been granted to that organization by the
department. A waiver may be granted only if the department determines, in accordance with its
rules, that the service provider that conducts the substance abuse education and evaluation is the
most appropriate service provider and is licensed under chapter 397 or is exempt from such
licensure. A statistical referral report shall be submitted quarterly to the department by each
organization authorized to provide services under this section.




                                                 68
(6) With respect to any person convicted of a violation of subsection (1), regardless of any
penalty imposed pursuant to subsection (2), subsection (3), or subsection (4):

(a) For the first conviction, the court shall place the defendant on probation for a period not to
exceed 1 year and, as a condition of such probation, shall order the defendant to participate in
public service or a community work project for a minimum of 50 hours. The court may order a
defendant to pay a fine of $10 for each hour of public service or community work otherwise
required only if the court finds that the residence or location of the defendant at the time public
service or community work is required or the defendant's employment obligations would create
an undue hardship for the defendant. However, the total period of probation and incarceration
may not exceed 1 year. The court must also, as a condition of probation, order the impoundment
or immobilization of the vehicle that was operated by or in the actual control of the defendant or
any one vehicle registered in the defendant's name at the time of impoundment or
immobilization, for a period of 10 days or for the unexpired term of any lease or rental
agreement that expires within 10 days. The impoundment or immobilization must not occur
concurrently with the incarceration of the defendant. The impoundment or immobilization order
may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph
(h).

(b) For the second conviction for an offense that occurs within a period of 5 years after the date
of a prior conviction for violation of this section, the court shall order imprisonment for not less
than 10 days. The court must also, as a condition of probation, order the impoundment or
immobilization of all vehicles owned by the defendant at the time of impoundment or
immobilization, for a period of 30 days or for the unexpired term of any lease or rental
agreement that expires within 30 days. The impoundment or immobilization must not occur
concurrently with the incarceration of the defendant and must occur concurrently with the
driver's license revocation imposed under s. 322.28(2)(a)2. The impoundment or immobilization
order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or
paragraph (h). At least 48 hours of confinement must be consecutive.

(c) For the third or subsequent conviction for an offense that occurs within a period of 10 years
after the date of a prior conviction for violation of this section, the court shall order
imprisonment for not less than 30 days. The court must also, as a condition of probation, order
the impoundment or immobilization of all vehicles owned by the defendant at the time of
impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or
rental agreement that expires within 90 days. The impoundment or immobilization must not
occur concurrently with the incarceration of the defendant and must occur concurrently with the
driver's license revocation imposed under s. 322.28(2)(a)3. The impoundment or immobilization
order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or
paragraph (h). At least 48 hours of confinement must be consecutive.

(d) The court must at the time of sentencing the defendant issue an order for the impoundment
or immobilization of a vehicle. The order of impoundment or immobilization must include the
name and telephone numbers of all immobilization agencies meeting all of the conditions of
subsection (13). Within 7 business days after the date that the court issues the order of
impoundment or immobilization, the clerk of the court must send notice by certified mail, return



                                                 69
receipt requested, to the registered owner of each vehicle, if the registered owner is a person
other than the defendant, and to each person of record claiming a lien against the vehicle.

(e) A person who owns but was not operating the vehicle when the offense occurred may submit
to the court a police report indicating that the vehicle was stolen at the time of the offense or
documentation of having purchased the vehicle after the offense was committed from an entity
other than the defendant or the defendant's agent. If the court finds that the vehicle was stolen or
that the sale was not made to circumvent the order and allow the defendant continued access to
the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the
court denies the request to dismiss the order of impoundment or immobilization, the petitioner
may request an evidentiary hearing.

(f) A person who owns but was not operating the vehicle when the offense occurred, and whose
vehicle was stolen or who purchased the vehicle after the offense was committed directly from
the defendant or the defendant's agent, may request an evidentiary hearing to determine whether
the impoundment or immobilization should occur. If the court finds that either the vehicle was
stolen or the purchase was made without knowledge of the offense, that the purchaser had no
relationship to the defendant other than through the transaction, and that such purchase would
not circumvent the order and allow the defendant continued access to the vehicle, the order must
be dismissed and the owner of the vehicle will incur no costs.

(g) The court shall also dismiss the order of impoundment or immobilization of the vehicle if the
court finds that the family of the owner of the vehicle has no other private or public means of
transportation.

(h) The court may also dismiss the order of impoundment or immobilization of any vehicles that
are owned by the defendant but that are operated solely by the employees of the defendant or any
business owned by the defendant.

(i) All costs and fees for the impoundment or immobilization, including the cost of notification,
must be paid by the owner of the vehicle or, if the vehicle is leased or rented, by the person
leasing or renting the vehicle, unless the impoundment or immobilization order is dismissed. All
provisions of s. 713.78 shall apply. The costs and fees for the impoundment or immobilization
must be paid directly to the person impounding or immobilizing the vehicle.

(j) The person who owns a vehicle that is impounded or immobilized under this paragraph, or a
person who has a lien of record against such a vehicle and who has not requested a review of the
impoundment pursuant to paragraph (e), paragraph (f), or paragraph (g), may, within 10 days
after the date that person has knowledge of the location of the vehicle, file a complaint in the
county in which the owner resides to determine whether the vehicle was wrongfully taken or
withheld from the owner or lienholder. Upon the filing of a complaint, the owner or lienholder
may have the vehicle released by posting with the court a bond or other adequate security equal
to the amount of the costs and fees for impoundment or immobilization, including towing or
storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail.
When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall
issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the



                                                70
owner or lienholder must give a receipt to the towing or storage company indicating any loss or
damage to the vehicle or to the contents of the vehicle.

(k) A defendant, in the court's discretion, may be required to serve all or any portion of a term of
imprisonment to which the defendant has been sentenced pursuant to this section in a residential
alcoholism treatment program or a residential drug abuse treatment program. Any time spent in
such a program must be credited by the court toward the term of imprisonment.

For the purposes of this section, any conviction for a violation of s. 327.35; a previous conviction
for the violation of former s. 316.1931, former s. 860.01, or former s. 316.028; or a previous
conviction outside this state for driving under the influence, driving while intoxicated, driving
with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other
similar alcohol-related or drug-related traffic offense, is also considered a previous conviction
for violation of this section. However, in satisfaction of the fine imposed pursuant to this section,
the court may, upon a finding that the defendant is financially unable to pay either all or part of
the fine, order that the defendant participate for a specified additional period of time in public
service or a community work project in lieu of payment of that portion of the fine which the
court determines the defendant is unable to pay. In determining such additional sentence, the
court shall consider the amount of the unpaid portion of the fine and the reasonable value of the
services to be ordered; however, the court may not compute the reasonable value of services at a
rate less than the federal minimum wage at the time of sentencing.

(7) A conviction under this section does not bar any civil suit for damages against the person so
convicted.

(8) At the arraignment, or in conjunction with any notice of arraignment provided by the clerk of
the court, the clerk shall provide any person charged with a violation of this section with notice
that upon conviction the court shall suspend or revoke the offender's driver's license and that the
offender should make arrangements for transportation at any proceeding in which the court may
take such action. Failure to provide such notice does not affect the court's suspension or
revocation of the offender's driver's license.

(9) A person who is arrested for a violation of this section may not be released from custody:

(a) Until the person is no longer under the influence of alcoholic beverages, any chemical
substance set forth in s. 877.111, or any substance controlled under chapter 893 and affected to the
extent that his or her normal faculties are impaired;

(b) Until the person's blood-alcohol level or breath-alcohol level is less than 0.05; or

(c) Until 8 hours have elapsed from the time the person was arrested.

(10) The rulings of the Department of Highway Safety and Motor Vehicles under s. 322.2615
shall not be considered in any trial for a violation of this section. Testimony or evidence from the
administrative proceedings or any written statement submitted by a person in his or her request
for administrative review is inadmissible into evidence or for any other purpose in any criminal


                                                 71
proceeding, unless timely disclosed in criminal discovery pursuant to Rule 3.220, Florida Rules
of Criminal Procedure.

(11) The Department of Highway Safety and Motor Vehicles is directed to adopt rules providing
for the implementation of the use of ignition interlock devices.

(12) If the records of the Department of Highway Safety and Motor Vehicles show that the
defendant has been previously convicted of the offense of driving under the influence, that
evidence is sufficient by itself to establish that prior conviction for driving under the influence.
However, such evidence may be contradicted or rebutted by other evidence. This presumption
may be considered along with any other evidence presented in deciding whether the defendant
has been previously convicted of the offense of driving under the influence.

(13) If personnel of the circuit court or the sheriff do not immobilize vehicles, only
immobilization agencies that meet the conditions of this subsection shall immobilize vehicles in
that judicial circuit.

(a) The immobilization agency responsible for immobilizing vehicles in that judicial circuit shall
be subject to strict compliance with all of the following conditions and restrictions:

1. Any immobilization agency engaged in the business of immobilizing vehicles shall:

a. Have a class "R" license issued pursuant to part IV of chapter 493;

b. Have at least 3 years of verifiable experience in immobilizing vehicles; and

c. Maintain accurate and complete records of all payments for the immobilization, copies of all
documents pertaining to the court's order of impoundment or immobilization, and any other
documents relevant to each immobilization. Such records must be maintained by the
immobilization agency for at least 3 years.

2. The person who immobilizes a vehicle must never have been convicted of any felony or of
driving or boating under the influence of alcohol or a controlled substance in the last 3 years.

(b) A person who violates paragraph (a) commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.

(c) Any immobilization agency who is aggrieved by a person's violation of paragraph (a) may
bring a civil action against the person who violated paragraph (a) seeking injunctive relief,
damages, reasonable attorney's fees and costs, and any other remedy available at law or in equity
as may be necessary to enforce this subsection. In any action to enforce this subsection,
establishment of a violation of paragraph (a) shall conclusively establish a clear legal right to
injunctive relief, that irreparable harm will be caused if an injunction does not issue, that no
adequate remedy at law exists, and that public policy favors issuance of injunctive relief.

(14) As used in this chapter, the term:


                                                  72
(a) "Immobilization," "immobilizing," or "immobilize" means the act of installing a vehicle
antitheft device on the steering wheel of a vehicle, the act of placing a tire lock or wheel clamp
on a vehicle, or a governmental agency's act of taking physical possession of the license tag and
vehicle registration rendering a vehicle legally inoperable to prevent any person from operating
the vehicle pursuant to an order of impoundment or immobilization under subsection (6).

(b) "Immobilization agency" or "immobilization agencies" means any firm, company, agency,
organization, partnership, corporation, association, trust, or other business entity of any kind
whatsoever that meets all of the conditions of subsection (13).

(c) "Impoundment," "impounding," or "impound" means the act of storing a vehicle at a storage
facility pursuant to an order of impoundment or immobilization under subsection (6) where the
person impounding the vehicle exercises control, supervision, and responsibility over the vehicle.

(d) "Person" means any individual, firm, company, agency, organization, partnership,
corporation, association, trust, or other business entity of any kind whatsoever.

History.--s. 1, ch. 71-135; s. 19, ch. 73-331; s. 1, ch. 74-384; s. 1, ch. 76-31; s. 1, ch. 79-408; s.
1, ch. 80-343; s. 2, ch. 82-155; s. 1, ch. 82-403; s. 2, ch. 83-187; s. 1, ch. 83-228; s. 1, ch. 84-
359; s. 24, ch. 85-167; s. 2, ch. 85-337; s. 1, ch. 86-296; s. 2, ch. 88-5; s. 5, ch. 88-82; s. 8, ch.
88-196; s. 8, ch. 88-324; s. 60, ch. 88-381; s. 7, ch. 89-3; ss. 1, 18, ch. 91-255; s. 32, ch. 92-78;
ss. 1, 11, ch. 93-124; s. 3, ch. 93-246; s. 1, ch. 94-324; s. 895, ch. 95-148; s. 1, ch. 95-186; s. 4,
ch. 95-333; s. 12, ch. 95-408; s. 3, ch. 96-330; s. 2, ch. 96-413; s. 48, ch. 97-100; s. 97, ch. 97-
264; s. 25, ch. 97-271; ss. 6, 13, ch. 98-324; s. 5, ch. 99-234; s. 139, ch. 99-248; s. 4, ch. 2000-
313; s. 10, ch. 2000-320; s. 2, ch. 2002-78; s. 1, ch. 2002-263; s. 1, ch. 2004-379; s. 1, ch. 2005-
119; s. 3, ch. 2007-211; s. 29, ch. 2008-111; s. 5, ch. 2008-176; s. 5, ch. 2009-138; s. 10, ch.
2009-206.

Note.--Former s. 316.028.

322.2616 Suspension of license; persons under 21 years of age; right to review.--

(1)(a) Notwithstanding s. 316.193, it is unlawful for a person under the age of 21 who has a
blood-alcohol or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of
a motor vehicle.

(b) A law enforcement officer who has probable cause to believe that a motor vehicle is being
driven by or is in the actual physical control of a person who is under the age of 21 while under
the influence of alcoholic beverages or who has any blood-alcohol or breath-alcohol level may
lawfully detain such a person and may request that person to submit to a test to determine his or
her blood-alcohol or breath-alcohol level.

(2)(a) A law enforcement officer or correctional officer shall, on behalf of the department,
suspend the driving privilege of such person if the person has a blood-alcohol or breath-alcohol
level of 0.02 or higher. The officer shall also suspend, on behalf of the department, the driving
privilege of a person who has refused to submit to a test as provided by paragraph (b). The


                                                  73
officer shall take the person's driver's license and issue the person a 10-day temporary driving
permit if the person is otherwise eligible for the driving privilege and shall issue the person a
notice of suspension.

(b) The suspension under paragraph (a) must be pursuant to, and the notice of suspension must
inform the driver of, the following:

1.a. The driver refused to submit to a lawful breath test and his or her driving privilege is
suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her
driving privilege has been previously suspended as provided in this section as a result of a refusal
to submit to a test; or

b. The driver was under the age of 21 and was driving or in actual physical control of a motor
vehicle while having a blood-alcohol or breath-alcohol level of 0.02 or higher; and the person's
driving privilege is suspended for a period of 6 months for a first violation, or for a period of 1
year if his or her driving privilege has been previously suspended as provided in this section for
driving or being in actual physical control of a motor vehicle with a blood-alcohol or breath-
alcohol level of 0.02 or higher.

2. The suspension period commences on the date of issuance of the notice of suspension.

3. The driver may request a formal or informal review of the suspension by the department
within 10 days after the issuance of the notice of suspension.

4. A temporary permit issued at the time of the issuance of the notice of suspension shall not
become effective until after 12 hours have elapsed and will expire at midnight of the 10th day
following the date of issuance.

5. The driver may submit to the department any materials relevant to the suspension of his or her
license.

(c) When a driver subject to this section has a blood-alcohol or breath-alcohol level of 0.05 or
higher, the suspension shall remain in effect until such time as the driver has completed a
substance abuse course offered by a DUI program licensed by the department. The driver shall
assume the reasonable costs for the substance abuse course. As part of the substance abuse
course, the program shall conduct a substance abuse evaluation of the driver, and notify the
parents or legal guardians of drivers under the age of 19 years of the results of the evaluation.
The term "substance abuse" means the abuse of alcohol or any substance named or described in
Schedules I through V of s. 893.03. If a driver fails to complete the substance abuse education
course and evaluation, the driver's license shall not be reinstated by the department.

(d) A minor under the age of 18 years proven to be driving with a blood-alcohol or breath-
alcohol level of 0.02 or higher may be taken by a law enforcement officer to the addictions
receiving facility in the county in which the minor is found to be so driving, if the county makes
the addictions receiving facility available for such purpose.




                                                 74
(3) The law enforcement officer shall forward to the department, within 5 days after the date of
the issuance of the notice of suspension, a copy of the notice of suspension, the driver's license of
the person receiving the notice of suspension, and an affidavit stating the officer's grounds for
belief that the person was under the age of 21 and was driving or in actual physical control of a
motor vehicle with any blood-alcohol or breath-alcohol level, and the results of any blood or
breath test or an affidavit stating that a breath test was requested by a law enforcement officer or
correctional officer and that the person refused to submit to such test. The failure of the officer to
submit materials within the 5-day period specified in this subsection does not bar the department
from considering any materials submitted at or before the hearing.

(4) If the department finds that the license of the person should be suspended under this section
and if the notice of suspension has not already been served upon the person by a law
enforcement officer or correctional officer as provided in subsection (2), the department shall
issue a notice of suspension and, unless the notice is mailed under s. 322.251, a temporary
driving permit that expires 10 days after the date of issuance if the driver is otherwise eligible.

(5) If the person whose license is suspended requests an informal review under subparagraph
(2)(b)3., the department shall conduct the informal review by a hearing officer employed by the
department within 30 days after the request is received by the department and shall issue such
person a temporary driving permit for business purposes only to expire on the date that such
review is scheduled to be conducted if the person is otherwise eligible. The informal review
hearing must consist solely of an examination by the department of the materials submitted by a
law enforcement officer or correctional officer and by the person whose license is suspended,
and the presence of an officer or witness is not required.

(6) After completion of the informal review, notice of the department's decision sustaining,
amending, or invalidating the suspension of the driver's license must be provided to the person.
The notice must be mailed to the person at the last known address shown on the department's
records, or to the address provided in the law enforcement officer's report if such address differs
from the address of record, within 7 days after completing the review.

(7)(a) If the person whose license is suspended requests a formal review, the department must
schedule a hearing to be held within 30 days after the request is received by the department and
must notify the person of the date, time, and place of the hearing and shall issue such person a
temporary driving permit for business purposes only to expire on the date that such review is
scheduled to be conducted if the person is otherwise eligible.

(b) The formal review hearing must be held before a hearing officer employed by the
department, and the hearing officer may administer oaths, examine witnesses and take testimony,
receive relevant evidence, issue subpoenas, regulate the course and conduct of the hearing, and
make a ruling on the suspension. The department and the person whose license was suspended
may subpoena witnesses, and the party requesting the presence of a witness is responsible for
paying any witness fees and for notifying in writing the state attorney's office in the appropriate
circuit of the issuance of the subpoena. If the person who requests a formal review hearing fails
to appear and the hearing officer finds the failure to be without just cause, the right to a formal
hearing is waived and the suspension is sustained.



                                                 75
(c) A party may seek enforcement of a subpoena under paragraph (b) by filing a petition for
enforcement in the circuit court of the judicial circuit in which the person failing to comply with
the subpoena resides. A failure to comply with an order of the court constitutes contempt of
court. However, a person may not be held in contempt while a subpoena is being challenged.

(d) The department must, within 7 days after a formal review hearing, send notice to the person
of the hearing officer's decision as to whether sufficient cause exists to sustain, amend, or
invalidate the suspension.

(8) In a formal review hearing under subsection (7) or an informal review hearing under
subsection (5), the hearing officer shall determine by a preponderance of the evidence whether
sufficient cause exists to sustain, amend, or invalidate the suspension. The scope of the review is
limited to the following issues:

(a) If the license was suspended because the individual, then under the age of 21, drove with a
blood-alcohol or breath-alcohol level of 0.02 or higher:

1. Whether the law enforcement officer had probable cause to believe that the person was under
the age of 21 and was driving or in actual physical control of a motor vehicle in this state with
any blood-alcohol or breath-alcohol level or while under the influence of alcoholic beverages.

2. Whether the person was under the age of 21.

3. Whether the person had a blood-alcohol or breath-alcohol level of 0.02 or higher.

(b) If the license was suspended because of the individual's refusal to submit to a breath test:

1. Whether the law enforcement officer had probable cause to believe that the person was under
the age of 21 and was driving or in actual physical control of a motor vehicle in this state with
any blood-alcohol or breath-alcohol level or while under the influence of alcoholic beverages.

2. Whether the person was under the age of 21.

3. Whether the person refused to submit to a breath test after being requested to do so by a law
enforcement officer or correctional officer.

4. Whether the person was told that if he or she refused to submit to a breath test his or her
privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a
second or subsequent refusal, for a period of 18 months.

(9) Based on the determination of the hearing officer under subsection (8) for both informal
hearings under subsection (5) and formal hearings under subsection (7), the department shall:

(a) Sustain the suspension of the person's driving privilege for a period of 1 year for a first
refusal, or for a period of 18 months if the driving privilege of the person has been previously




                                                76
suspended, as provided in this section, as a result of a refusal to submit to a test. The suspension
period commences on the date of the issuance of the notice of suspension.

(b) Sustain the suspension of the person's driving privilege for a period of 6 months for driving
or being in actual physical control of a motor vehicle while under the age of 21 with a blood-
alcohol or breath-alcohol level of 0.02 or higher, or for a period of 1 year if the driving privilege
of such person has been previously suspended under this section. The suspension period
commences on the date of the issuance of the notice of suspension.

(10) A request for a formal review hearing or an informal review hearing shall not stay the
suspension of the person's driver's license. If the department fails to schedule the formal review
hearing to be held within 30 days after receipt of the request therefor, the department shall
invalidate the suspension. If the scheduled hearing is continued at the department's initiative, the
department shall issue a temporary driving permit that is valid until the hearing is conducted if
the person is otherwise eligible for the driving privilege. The permit shall not be issued to a
person who requested a continuance of the hearing. The permit issued under this subsection
authorizes driving for business or employment use only.

(11) A person whose driver's license is suspended under subsection (2) or subsection (4) may
apply for issuance of a license for business or employment purposes only, pursuant to s. 322.271,
if the person is otherwise eligible for the driving privilege. However, such a license may not be
issued until 30 days have elapsed after the expiration of the last temporary driving permit issued
under this section.

(12) The formal review hearing may be conducted upon a review of the reports of a law
enforcement officer or correctional officer, including documents relating to the administration of
a breath test or the refusal to take a test. However, as provided in subsection (7), the driver may
subpoena the officer or any person who administered a breath or blood test.

(13) The formal review hearing and the informal review hearing are exempt from chapter 120.
The department may adopt rules for conducting reviews under this section.

(14) A person may appeal any decision of the department sustaining a suspension of his or her
driver's license by a petition for writ of certiorari to the circuit court in the county wherein such
person resides or wherein a formal or informal review was conducted under s. 322.31. However,
an appeal does not stay the suspension. This subsection does not provide for a de novo appeal.

(15) The decision of the department under this section shall not be considered in any trial for a
violation of s. 316.193, nor shall any written statement submitted by a person in his or her
request for departmental review under this section be admissible into evidence against him or her
in any such trial. The disposition of any related criminal proceedings shall not affect a
suspension imposed under this section.

(16) By applying for and accepting and using a driver's license, a person under the age of 21
years who holds the driver's license is deemed to have expressed his or her consent to the
provisions of this section.


                                                 77
(17) A breath test to determine breath-alcohol level pursuant to this section may be conducted as
authorized by s. 316.1932 or by a breath-alcohol test device listed in the United States
Department of Transportation's conforming-product list of evidential breath-measurement
devices. The reading from such a device is presumed accurate and is admissible in evidence in
any administrative hearing conducted under this section.

(18) The result of a blood test obtained during an investigation conducted under s. 316.1932 or
s. 316.1933 may be used to suspend the driving privilege of a person under this section.

(19) A violation of this section is neither a traffic infraction nor a criminal offense, nor does
being detained pursuant to this section constitute an arrest. A violation of this section is subject
to the administrative action provisions of this section, which are administered by the department
through its administrative processes. Administrative actions taken pursuant to this section shall
be recorded in the motor vehicle records maintained by the department. This section does not bar
prosecution under s. 316.193. However, if the department suspends a person's license under s.
322.2615 for a violation of s. 316.193, it may not also suspend the person's license under this
section for the same episode that was the basis for the suspension under s. 322.2615.

History.--s. 1, ch. 96-272; s. 39, ch. 97-96; s. 54, ch. 97-100; s. 1, ch. 2001-144; s. 3, ch. 2002-
78.




                                                 78
                           RELEVANT CASE LAW

State v. Manfredonia, 629 So.2d 306 (Fla. 20 1995)




    This is merely a list of suggested readings, and should not be viewed as a
     mandatory or comprehensive list to be relied upon for purposes of this
                                    competition.




                                       79
                                  JURY INSTRUCTIONS

                    3.7 PLEA OF NOT GUILTY; REASONABLE DOUBT;
                                AND BURDEN OF PROOF

        The defendant has entered a plea of not guilty. This means you must presume or believe
the defendant is innocent. The presumption stays with the defendant as to each material
allegation in the [information] [indictment] through each stage of the trial unless it has been
overcome by the evidence to the exclusion of and beyond a reasonable doubt.

       To overcome the defendant's presumption of innocence, the State has the burden of
proving the crime with which the defendant is charged was committed and the defendant is the
person who committed the crime.

       The defendant is not required to present evidence or prove anything.

       Whenever the words "reasonable doubt" are used you must consider the following:

        It is recommended that you use this instruction to define reasonable doubt during voir
dire. State v. Wilson, 686 So.2d 569 (Fla. 1996).
        A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced
        doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an
        abiding conviction of guilt. On the other hand, if, after carefully considering, comparing
        and weighing all the evidence, there is not an abiding conviction of guilt, or, if, having a
        conviction, it is one which is not stable but one which wavers and vacillates, then the
        charge is not proved beyond every reasonable doubt and you must find the defendant not
        guilty because the doubt is reasonable.

       It is to the evidence introduced in this trial, and to it alone, that you are to look for that
       proof.

       A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflict
       in the evidence, or the lack of evidence.

       If you have a reasonable doubt, you should find the defendant not guilty. If you have no
       reasonable doubt, you should find the defendant guilty.

                                            Comment

       This instruction was adopted in 1981 and was amended in 1997.


                                                80
16.4 CONTRIBUTING TO CHILD DELINQUENCY OR DEPENDENCY
OR TO CHILD IN NEED OF SERVICES
                            § 827.04(3), Fla.Stat.

       To prove the crime of Contributing to a child's becoming a [delinquent child] [dependent
child] [child in need of services], the State must prove the following element beyond a
reasonable doubt:

       [(Defendant) knowingly (read act alleged from charge), which

                      [caused]
                      [tended to cause or encourage]
                      [contributed to]

       (victim) [to become] [becoming] a [delinquent] [dependent] child [in need of services].]

       [(Defendant) by

                      [act]
                      [threat]
                      [command]
                      [persuasion]

       [induced] [endeavored to induce] (victim) to

                      [perform any act]
                      [follow any course of conduct]
                      [live]

       so as to cause or tend to cause (victim) to

                      [become a dependent child].]
                      [remain a dependent child].]
                      [become a delinquent child].]
                      [remain a delinquent child].]
                      [become a child in need of services].]
                      [remain a child in need of services].]

       Definition. § 827.01(1), Fla.Stat.
       "Child" means any person under the age of 18 years.

       Prepare the definition of "delinquency," "dependency," or "child in need of services"
based on the statutory definitions in effect at the time of the alleged offense. See § 39.01,
Fla.Stat.

                                            Comment



                                                81
       This instruction was adopted in 1981 and amended in 1989 and 1992.


                              25.7 DRUG ABUSE – POSSESSION
                                    § 893.13(6)(a), Fla. Stat.

       Certain drugs and chemical substances are by law known as “controlled substances.”
(Specific substance alleged) is a controlled substance.

      To prove the crime of (crime charged), the State must prove the following three elements
beyond a reasonable doubt:

       1.      (Defendant) possessed a certain substance.

       2.      The substance was (specific substance alleged).

       3.      (Defendant) had knowledge of the presence of the substance.

      Definition.
      Possession.
      To “possess” means to have personal charge of or exercise the right of ownership,
management, or control over the thing possessed.

       Possession may be actual or constructive.

       Actual possession means:

               a.      The controlled substance is in the hand of or on the person, or

               b.      The controlled substance is in a container in the hand of or on the person,
                       or

               c.      The controlled substance is so close as to be within ready reach and is
                       under the control of the person.

        Give if applicable.
        Mere proximity to a controlled substance is not sufficient to establish control over that
controlled substance when it is not in a place over which the person has control.

       Constructive possession means the controlled substance is in a place over which the
(defendant) has control, or in which the (defendant) has concealed it.

       In order to establish constructive possession of a controlled substance if the controlled
substance is in a place over which the (defendant) does not have control, the State must prove the




                                                 82
(defendant’s) (1) control over the controlled substance and (2) knowledge that the controlled
substance was within the (defendant’s) presence.

         Possession may be joint, that is, two or more persons may jointly possess an article,
exercising control over it. In that case, each of those persons is considered to be in possession of
that article.

      If a person has exclusive possession of a controlled substance, knowledge of its presence
may be inferred or assumed.




                                                83
                     RULES OF THE STATE COMPETITION

Rule I: Team Composition/Presentation

   1) The competition is open to students currently enrolled in grades 9-12 in Florida schools.
      All students on a team must be enrolled in the same school in the district they are
      representing.

   2) Only one team may represent a high school at any level of competition.

   3) Teams shall consist of six to eight students including alternates to be used in any manner
      deemed appropriate by the teacher and coach, as long as the distribution of duties does
      not conflict with competition Rule IV. For each trial round, teams shall use three
      students as attorneys and three students as witnesses.

   4) Students may switch roles for different rounds of trials (i.e. a student may be an attorney
      for the defense and a witness for the Prosecution during separate rounds).

   5) Each team must be fully prepared to argue both sides of the case. (Plaintiff/Prosecution
      and Defense/Defendant) using six team members.

   6) Students of either gender may portray the role of any witness. The competition will strive
      to make roles gender neutral. However, some cases will warrant a specific gender role.
      In such cases, students of either gender may portray the role but the gender of the witness
      may not change from the case as presented.

   7) Team Roster/"Roll" Call

           Copies of the Team Roster form must be completed and returned prior to arrival at
           the competition site. Teams should be identified by the code assigned at registration.

           Before beginning a trial, teams will be asked to prepare a "Roll Call" list to identify
           the students participating in each round and their corresponding roles. No
           information identifying team origin should appear on the list.

   8) All teacher coaches and students must attend the mandatory general assembly/orientation.
      Attorney coaches who accompany their team must also be present.

   9) Immediately following the mandatory general assembly, all teachers and attorney
      coaches affiliated with participating Mock Trial teams must attend a Teacher and
      Coaches Meeting, which will include a review of the rules and power matching system.

Rule II: The Case

1) The case may contain any or all of the following stipulations: documents, narratives, exhibits,
   witness statements, etc.


                                               84
2) The stipulations (and fact statements, if any) may not be disputed at the trial. Witness
   statements may not be altered.

3) All witnesses must be called.

Rule III: Trial Presentation

1) The trial proceedings will be governed by the Florida Mock Trial Simplified Rules of
   Evidence. Other more complex rules may not be raised at the trial. Questions or
   interpretations of these rules are within the discretion of the State Mock Trial Advisory
   Committee, whose decision is final.

2) Each witness is bound by the facts contained in his/her own witness statement, the Statement
   of Facts, if present, and/or any necessary documentation relevant to his/her testimony. Fair
   extrapolations may be allowed, provided reasonable inference may be made from the witness'
   statement. If, in direct examination, an attorney asks a question which calls for extrapolated
   information pivotal to the facts at issue, the information is subject to objection outside the
   scope of the problem.

           If, on cross-examination, an attorney asks for unknown information, the witness may
           or may not respond, so long as any response is consistent with the witness' statement
           or affidavit and does not materially affect the witness' testimony.

           Adding facts that are inconsistent with the witness statement or with the Stipulated
           Facts and which would be relevant with respect to any issue in the case is not
           permitted. Examples include, but are not limited to (a) creating a physical or mental
           disability, (b) giving a witness a criminal or bad record when none is suggested by the
           statements, (c) creating facts which give a witness standing as an expert and (d)
           materially changing the witness' profession, character, memory, mental or physical
           ability from the witness’ statement by testifying to "recent changes."

3) If certain witnesses are stipulated to as experts, their expert qualifications may not be
   challenged or impeached by the opposing side. However, their testimony concerning the
   facts of the case may be challenged.

4) On direct examination, the witness is limited to the facts given. If a witness testifies in
   contradiction to the facts given in the witness statement, that testimony may be impeached on
   cross-examination by the opposition through the correct use of the affidavit. The procedure
   is outlined in the Rules of Evidence.

5) On cross-examination, no restrictions will be made on the witness or the cross-examination,
   except that the answer must be responsive and the witness can be impeached.

           If the attorney who is cross-examining the witness asks a question, the answer to
           which is not contained in the stipulations or affidavit then the witness may respond to



                                               85
           that question with any answer as long as the answer does not contradict or
           materially change the affidavit.

       If the answer by the witness is contrary to the stipulations or the affidavit, the cross-
       examination attorney may impeach the witness.

6) Use of voir dire examination of a witness is not permitted.

Rule IV: Student Attorneys

   1) Team members are to evenly divide their duties. During any single round, each of the
      three attorneys will conduct one direct and one cross; in addition, one will present the
      opening statements and another will present closing arguments. In other words, the
      attorney duties for each team will be divided as follows:

       a) Opening Statements

       b) Direct/Re-direct Examination of Witness #1

       c) Direct/Re-direct Examination of Witness #2

       d) Direct/Re-direct Examination of Witness #3

       e) Cross/Re-cross Examination of Witness #1

       f) Cross/Re-cross Examination of Witness #2

       g) Cross/Re-cross Examination of Witness #3

       h) Closing Arguments

       i) Plaintiff’s/Prosecution’s optional closing rebuttal (see Rule XV)

       Opening statements must be given by both sides at the beginning of the trial.

       The attorney who will examine a particular witness on direct examination is the
       only person who may make the objections to the opposing attorney's questions of
       that witness on cross examination, and the attorney who will cross-examine a
       witness will be the only one permitted to make objections during the direct
       examination of that witness.

       Each team must call the three witnesses listed in the case materials. Witnesses must be
       called only by their own team and examined by both sides. Witnesses may not be
       recalled.




                                                 86
2) Attorneys may use notes in presenting their cases. Witnesses are not permitted to use notes
   while testifying during the trial.

3) To permit judges to hear and see better, attorneys will stand during opening and closing
   statements, direct and cross-examinations, all objections, and whenever addressing the
   presiding judge. Students may move from the podium only with the permission of the
   presiding judge.

Rule V: Swearing of Witnesses

          The presiding judge will indicate that all witnesses are assumed to be sworn.

Rule VI: Case Materials

          Students may read other cases, materials, and articles in preparation for the mock
          trial. However, students may cite only the case materials given, and they may
          introduce into evidence only those documents given in the official packet. In
          addition, students may not use, even for demonstrative purposes, any materials that
          are not provided in the official packet. The following are not permitted: props,
          costumes, enlargements, computers, phones, or electronic devices of any kind.

Rule VII: Trial Communication

          Instructors, alternates, and observers shall not talk to, signal, communicate with, or
          coach their teams during trial. This rule remains in force during any recess time that
          may occur.       Team members within the bar area may, among themselves,
          communicate during the trial; however, no disruptive communication is allowed.

          Non-team members, alternate team members, teachers, and coaches must remain
          outside the bar in the spectator section of the courtroom. Only the six members
          participating in this round may sit inside the bar.

Rule VIII: Trial Start Time

          The starting time of any trial will not be delayed for longer than ten minutes unless
          approved by the Mock Trial Coordinator. Incomplete teams will have to begin
          without their other members or with alternates.

Rule IX: Conduct/Attire

          All participants are expected to demonstrate proper courtroom decorum and
          display collegial sportsmanlike conduct. Appropriate courtroom attire is
          required. Adherence to the Code of Ethics is expected of all participants.




                                              87
Rule X: Videotaping/Photography

          Cameras and recording devices are permitted in certain courtrooms; however, the use
          of such equipment may not be disruptive and must be approved in advance of the
          competition by The Florida Law Related Education Association, Inc. When one
          team requests to videotape during a trial, the opposing team must be consulted and
          their permission granted prior to taping.

Rule XI: Witnesses

          Witnesses are to remain in the courtroom during the entire trial.

Rule XII: Jury Trial

          For purposes of the competition, students will assume this is a jury trial. The scoring
          judges will act as the jury. The presiding judge is the trial judge. Students should
          address the scoring judges and the presiding judge.

Rule XIII: Viewing a Trial

         Team members, alternates, attorney coaches, teacher coaches, and any other persons
         directly associated with a mock trial team, except those authorized by the State
         Advisory Committee, are not allowed to view other teams in competition so long as
         their team remains in the competition. Judges should maintain order in the courtroom.
         If observers are disorderly, they will be asked to vacate the premises.

Rule XIV: Decisions

      ALL DECISIONS OF THE JUDGES ARE FINAL.

Rule XV: Time Limits

  1. A total time will be given to each side for direct, cross, re-direct, and re-cross.

          The sequence and time limits are:

                    Opening Statements                     5 minutes per side
             Direct Examination and Re-direct          24 minutes total per side
                  Examination (optional)
             Cross Examination and Re-cross            21 minutes total per side
                 Examination (optional)
                     Closing Argument                      5 minutes per side




                                                88
          None of the foregoing may be waived except the optional times, nor the order
          changed.

          The Plaintiff/Prosecution gives the opening statement first. The Plaintiff/Prosecution
          gives the closing argument first; the Plaintiff/ Prosecution may reserve one minute
          or less of the closing time for a rebuttal. Plaintiff/Prosecution must notify the judge
          before beginning closing argument if the rebuttal time is requested.                The
          Plaintiff’s/Prosecution’s rebuttal is limited to the scope of the defense’s closing
          argument.

          Attorneys are not required to use the entire time allotted to each part of the trial.
          Time remaining in one part of the trial may not be transferred to another part of the
          trial.

  2. Timing will halt during objections and responses to objections. Timing will not halt
     during the admission of documentary evidence, unless there is an objection by
     opposing counsel. In the interest of fairness, time extensions may be granted at the
     discretion of the presiding judge. All objections should be argued in open court, not at the
     bench. Timing will resume after the judge has ruled on the objection. Students should
     avoid the use of tactics to "run out the clock" during the admission of evidence. Judges
     will be instructed to consider this in the Team Ethics scoring category.

  3. A "timekeeper" will be provided and will keep the official time of the trial. The
     timekeeper's role will be expanded to time the 10 minute debrief session for each side.
     This will help ensure that the schedule is maintained. The timekeeper will announce to
     the court when time has expired in each of the separate segments of the trial. Further, the
     timekeeper will bring a calculator to each courtroom and double check the scores of
     scoring judges to ensure no ties. Judges will be instructed not to tie the teams during any
     round. This will eliminate the issue of vote assignments during ties.

  4. Teams are permitted to keep their own time. However, this will not be considered the
     official time of the trial. Teams are not permitted to have an extra person be the
     timekeeper. One of the six participants may be the timekeeper. Team timekeepers must
     not interfere with the trial or obstruct the view of any witness.

Rule XVI: Judging

   1) The presiding judge provides a mandatory performance vote during each round/trial for
      the team that he or she feels gave the better performance during that round/trial.

          The presiding judge does not award points to the teams. The presiding judge’s score
          sheet is a short form on which the judge declares which team in his or her opinion
          exhibited the best performance.

          The presiding judge should not announce the mandatory performance vote.




                                              89
2) The scoring judges (jury) will utilize prepared score sheets to rate the quality of the students'
   performances in the round/trial. The judges will be instructed to rate the performance of all
   witnesses and attorneys on the team. Judges will not announce the presentation decision.
   Judges should make field notes on students' performances during the round/trial.

3) Judges will be instructed not to tie teams in any round/trial. In the event scores are computed
   by the judges and errors are found in the computations, score room staff will correct the
   errors and the corrected scores will be the official scores after adding the individual
   categories/assessments.

4) The team receiving the majority of the performance votes from the three judges is declared
   the winner of the trial/round.

5) To enhance the students' learning experience, the judges will be instructed to give each team
   an oral critique after their deliberation. The decision on which team gave the better
   performance will not be given to the participants. Students and their coaches will have the
   opportunity to meet informally with all the judges for 20 minutes (10 minutes per team)
   immediately following the round/trial. Score sheets should be completed before the
   debriefing. Debriefing sessions will be timed by the timekeepers to avoid lengthy debriefs.

6) ALL DECISIONS OF THE JUDGES ARE FINAL.

7) The Team Ethics category will score students on the standards recognized in the Code of
   Ethical Conduct.

8) Attorney coaches of mock trial teams that do not advance from the local competition may
   not serve as a judge in any capacity at any level of competition during the remainder of the
   competition year.
          Teacher coaches of mock trial teams may not serve as judges in any capacity.
          Teacher coaches may serve as timekeepers if their team does not advance from their
          local competition.

Rule XVII: Dispute Settlement

   1) Reporting a Rules Violation Inside the Bar

           If any team has serious reason to believe that a material rules violation has occurred
           during a trial round, one student attorney member of the team shall communicate that
           a dispute exists to the presiding judge immediately after the trial is over and before
           the critique begins. The scoring judges will be excused from the courtroom, but
           should remain in the vicinity.

   2) The presiding judge will ask that both teams remain in the courtroom. A dispute form
      shall be completed by the student attorney to record in writing the nature of the dispute.
      The student attorney may communicate with other student attorneys and witnesses on the




                                                90
      team before preparing the form. No more than 3 minutes may be taken to complete the
      form.

          At no time in this process may team sponsors or coaches communicate or consult
          with the students. Only student attorneys may invoke the dispute procedure.

   3) Dispute Resolution Procedure

          The presiding judge will review the written dispute and determine whether the dispute
          should be heard or denied. If the dispute is denied, the judge will record the reasons
          for this, announce her/his decision to the Court, retire to complete his/her score sheet
          (if applicable), and turn the dispute form in with the score sheets. If the presiding
          judge feels the grounds for the dispute merit a hearing, the form will be shown to
          opposing student counsel for their written response. After the team has recorded its
          response and transmitted it to the judge, the judge will ask each team to designate a
          spokesperson. After the spokespersons have had time (not to exceed three minutes)
          to prepare their arguments, the presiding judge will conduct a hearing on the dispute,
          providing each team's spokesperson three minutes for a presentation. The
          spokespersons may be questioned by the presiding judge. At no time in this process
          may team sponsors or coaches communicate or consult with the student attorneys.
          After the hearing, the presiding judge will adjourn the court and retire to consider
          her/his ruling on the dispute. The judge will make a final decision as to whether or
          not a rules violation has occurred. That decision will be recorded in writing on the
          dispute form. The presiding judge is not required to announce his/her decision to
          students.

   4) Effect of Violation on Score

          If the presiding judge determines that a substantial rules violation has occurred, the
          presiding judge will inform the scoring judges of the dispute and provide a summary
          of each team's argument. The scoring judges will consider the dispute before
          finalizing their scores. The dispute may or may not affect the final decision, but the
          matter will be left to the discretion of the scoring judges. All decisions of the judges
          are FINAL.

Rule XVIII: Reporting a Rules Violation Outside the Bar

          1. Disputes that (a) involve people other than student team members and (b) occur
             outside the bar only during a trial round may be brought by teacher or attorney-
             coaches exclusively. Such disputes must be entered on a complaint form and
             turned in to the registration area. The Mock Trial State Coordinator and/or
             Advisory Committee will review the dispute for appropriate action, if needed.
             Decisions and actions of the coordinator and/or committee are FINAL.




                                              91
Rule XIX: Score Sheets/Ballots

   a)              Score sheets will be completed individually by scoring judges. The presiding
        judge will cast a mandatory performance vote, but no points for each round. Judges
        may not inform students of score sheet results.

   b)              The term “ballot” will refer to the decision made by a scoring judge as to
        which team made the best presentation in the round. The term “score sheet” is used in
        reference to the form on which speaker and team points are recorded. Score sheets are to
        be completed individually by the scoring judges. Scoring judges are not bound by the
        rulings of the presiding judge. The team that earns the highest points on an
        individual judge’s score sheet is the winner of that ballot. The team that receives the
        majority of the three ballots wins the round. The ballot votes determine the win/loss
        record of the team for power-matching and ranking purposes. While the judging panel
        may deliberate on any special awards (i.e., Outstanding Attorney/Witness) the judging
        panel should not deliberate on individual scores.

   c)            Individual assessment categories including team ethics and team
        performance shall be judged on a 1-10 scale by scoring judges only.

   d)              In the event of a mathematical error in tabulation by scoring judges, score
        room staff will enter the correct tabulation of the scores.

Rule XX: State Competition Power Matching/Seeding Model

   1) The Florida High School Mock Trial Competition uses a power matching system.

   2) A random method of selection will determine the opponents in the first round. A power
      match system will determine opponents for all other rounds. The two schools emerging
      with the strongest record from the four rounds will advance to the final round. The first-
      place team will be determined by ballots from the championship round only.

   3) Power matching will provide that:

        a) Pairings for the first round will be at random.

        b) All teams are guaranteed to present each side of the case at least once.

        c) Brackets will be determined by win/loss record. Sorting within brackets will be
           determined in the following order: (1) win/loss record; (2) ballots; (3) total points;
           then (4) point spread. The team with the highest number of ballots in the bracket will
           be matched with the team with the lowest number of ballots in the bracket; the next
           highest with the next lowest, and so on until all teams are paired.

        d) If there are an odd number of teams in a bracket, the team at the bottom of that
           bracket will be matched with the top team from the next lower bracket.



                                                92
      e) Teams will not meet the same opponent twice.

      f) To the greatest extent possible, teams will alternate side presentation in subsequent
         rounds. Bracket integrity in power matching will supersede alternate side
         presentation.

Rule XXI: Completion of Score Sheets

   1. Each scoring judge shall record a number of points (1-10) for each presentation of the
      round/trial. At the end of the trial, each scoring judge shall total the sum of each team’s
      individual points and place this sum in the column totals box. The team with the greater
      number of points wins that scoring judge’s performance vote/ballot for that trial/round.

   2. The presiding judge shall circle either Plaintiff/Prosecution or defense/defendant on his
      or her score sheet/ballot to indicate which team the presiding judge feels gave the better
      performance during the trial/round. The team that the presiding judge circles on their
      score sheet/ballot receives that presiding judge’s performance vote/ballot for that
      trial/round.

Rule XXII: State Competition Team Advancement

   Teams will be ranked based on the following criteria in the order listed:

          1) Win/Loss Record – equals the number of rounds won or lost by a team.

          2) Total Number of Ballots – equals the total number of judge’s votes a team earned
             in preceding rounds.

          3) Total Number of Points Accumulated in Each Round.

          4) Point Spread Against Opponents – the point spread is the difference between the
             total points earned by the team whose tie is being broken less the total points of
             that team’s opponent in each previous round. The greatest sum of these point
             spreads will break the tie in favor of the team with that largest cumulative point
             spread.

Rule XXIII: Effect of a Bye/Default

   1. A “bye” becomes necessary when an odd number of teams are present for the tournament.
      For the purpose of advancement and seeding, when a team draws a bye or wins by
      default, the winning team for that round will be given a win and the number of ballots
      and points equal to the average of all winning team’s ballots and points of that same
      round. The Mock Trial State Coordinator may, if time and space allow, arrange for a
      “bye round” to allow teams drawing a bye to compete against one another in order to earn
      a true score.



                                               93
   2. The Mock Trial State Coordinator has the discretion on how to handle a bye in all rounds
      of the tournament.

Rule XXIV: Eligibility

  1. All students on a team must be enrolled in the same public or private school in the district
     for which they are competing.

  2. Each judicial circuit may send only one team to compete in the Florida High School Mock
     Trial State Finals.

  3. The Mock Trial State Coordinator reserves the right to enlist participation from each
     district and circuit.

Rule XXV: State Competition Awards

          Trophies will be awarded to the top five teams. Four best witness awards and four
          best attorney awards will also be presented. Both the presiding judge and the scoring
          judges will vote on the best witness and best attorney awards. Additionally, two
          professionalism awards will be awarded based upon team recommendations. Student
          certificates and school plaques will be presented to all participants.

Rule XXVI: Interpretation of State Competition Rules

   1. All rules of competition for the Florida High School Mock Trial Competition, as set forth
      above, are subject to the interpretation of the Advisory Committee of the Florida High
      School Mock Trial Competition.

   2. No exceptions are permitted at the competition site unless approval has been given by the
      Advisory Committee prior to the competition.

   3. The Advisory Committee and/or State Mock Trial Coordinator will serve as the final
      arbiter at the competition site.

   4. The Florida High School Mock Trial Competition Advisory Committee may invite
      additional circuit teams to participate in the State Finals Competition if it determines, in
      its sole discretion, that doing so would provide for diversity within the competition,
      would resolve disputes at the circuit level in a fair manner, or would otherwise advance
      the goals of the competition and serve the students who have competed at the circuit
      level.

Rule XXVII: Circuit Competitions

  1. The State competition power matching and seeding system is optional for use during
     circuit competitions.



                                               94
2. Team advancement procedures will be the responsibility of circuit coordinators.

3. Circuit coordinators should contact The Florida Law Related Education Association, Inc.
   for approved alternate models.




                                           95
           SIMPLIFIED RULES OF EVIDENCE AND PROCEDURE
         In American courts, elaborate rules are used to regulate the kind of proof (i.e., spoken
testimony by witnesses or physical evidence) that can be used in trials. These rules are designed
to ensure that both parties receive a fair hearing. Under the rules, any testimony or physical
objects deemed irrelevant, incompetent, untrustworthy, or unduly prejudicial may be kept out of
the trial.

        If it appears that a rule of evidence is being violated, an attorney may raise an objection
to the judge. Usually, the attorney stands and says, "I object, your honor," and then gives the
reason for the objection. Sometimes the attorney whose questions or actions are being objected
to will then explain why he or she thinks the rule was not violated. The judge then decides
whether the rule has been violated and whether the testimony or physical items must be excluded
from the trial.

        Official rules of evidence are quite complicated. They also differ depending on the kind
of court where the trial occurs. For purposes of this mock trial competition, the rules of evidence
you will use have been made less complicated than those used in actual courts. The ideas behind
these simplified rules are similar to actual rules of evidence.

A.      Witness Examination/Questioning

     1. Direct Examination

           Attorneys call and question their own witnesses using direct as opposed to leading
           questions. Example:

               Elyse Roberts is called by her attorney to explain the events leading up to her
               filing suit against Potomac County.

               “Ms. Roberts, where do you work? How long have you worked there? Please
               describe your working relationship with Mr. Kevin Murphy during the first month
               of employment. Why did you meet with your supervisor, Fran Troy? Did you seek
               advice from a therapist during this time?”

           Questions such as the above do not suggest the answer. Instead, they introduce a
           witness to a particular area of importance, leaving the witness free to relate the facts.
           Obviously, the witness will have been prepared to answer such questions in a
           particular way. But the question by its terms does not "lead" to the answer.

        a. Leading Questions

               A leading question is one that suggests the answer. It does not simply call the
               witness' attention to a subject. Rather, it indicates or tells the witness what the
               answer should be about that subject. Leading questions are not permitted on
               direct examination, but questions on cross-examination should be leading.


                                                96
      Examples:

         “Mrs. Roberts, despite repeated invitations, you chose not to participate in
         office social functions, correct?”

         “Isn't it true, that due to all the stress from work you decided to go to a
         therapist?”

      These questions are obviously in contrast to the direct examination questions in
      the preceding section. Leading questions suggest the answer to the witness. This
      is not proper for direct examination when a party is questioning its own witness.

b. Narration

      While the purpose of direct examination is to get the witness to tell a story, the
      questions must ask for specific information. The questions must not be so broad
      that the witness is allowed to wander or "narrate" a whole story. At times, the
      witness' answer to a direct question may go beyond the facts asked for by the
      question asked. Narrative questions are objectionable.

      Example Narrative Question:

         “Ms. Roberts, please tell the court about the events that contributed to your
         decision to sue the county.”

      Narrative Answer:

         “It all began the night I found out that it was the county that was dumping on
         my land. At first I thought it was my neighbors, but they denied having any
         part in the dumping. I decided to watch my vacant lot and see if I could catch
         the person responsible. I drove down to my lot the night of the 13th and
         parked in a place where I could see the lot but no one could see me…”

c. Scope of Witness Examination

      Direct examination may cover all facts relevant to the case of which the witness
      has first-hand knowledge.


d. Character

      For the purpose of this mock trial, evidence about the character of a party may not
      be introduced unless the person’s character is an issue in the case.

          i. Methods of Proving Character (Section 90.405)




                                      97
              1. Reputation: When evidence of the character of a person or of a trait of
                 his/her character is admissible, proof may be made by testimony about
                 his/her reputation.

              2. Specific Instances of Conduct: When character or a trait of character of a
                 person is an essential element of a charge, claim, or defense, proof may be
                 made of specific instances of his/her conduct.

   e. Refreshing Recollection

          When a witness uses a writing or other item to refresh his/her memory while
          testifying, an adverse party is entitled to have such writing or other item produced
          at the hearing to inspect it, to cross-examine the witness thereon, and to introduce
          it, or in the case of writing, to introduce those portions which relate to the
          testimony of the witness, in evidence.

2. Cross Examination (questioning the opposing side’s witnesses)

       Cross-examination should involve leading questions. In fact, it is customary to
       present a witness with a proposition and ask the witness to either agree or disagree.
       Thus, good cross-examination calls only for a yes or no answer.

       Examples:

          “Mr. Roberts, in direct examination you testified that litigation was very stressful
          for you, correct? In fact you were so stressed that you did work at home or called
          in sick. Isn't this true?”

          “As an assistant district attorney, you knew that trying only three cases while
          settling 75 cases was not a job performance your supervisor would rate highly,
          didn't you?”

          “Thus given the stress you felt, your poor attendance at work and poor job
          performance, it was not unusual for your supervisor to transfer you to another
          Bureau, was it?”

       Leading questions are permissible on cross-examination. Questions tending to evoke
       a narrative answer should be avoided.

   a. Scope of Witness Examination

          Cross-examination is not limited. Attorneys may ask questions of a particular
          witness that relate to matters brought out by the opposing side on direct
          examination of that witness, matters relating to the credibility of the witness, and
          additional matters otherwise admissible, that were not covered on direct
          examination.



                                           98
b. Impeachment

     On cross-examination, the attorney may want to show the court that the witness
     should not be believed. A witness' credibility may be impeached by showing
     evidence of the witness' character and conduct, prior convictions, and prior
     inconsistent statements. If the witness testifies differently from the information in
     their sworn affidavit, it may then be necessary to "impeach" the witness. That is,
     the attorney will want to show that the witness previously said something that
     contradicts the testimony on the stand.

      i. Impeachment Procedure

         Impeachment may be done by comparing what a witness says on the witness
         stand at trial to what is contained in the witness' affidavit. By pointing out the
         differences between what a witness now says and what the witness' affidavit
         says, the attorney shows that the witness has contradicted himself or herself.

     ii. Who May Impeach?

         Any party, including the party calling the witness, may attack the credibility
         of a witness by:

         1. Introducing statements of the witness which are inconsistent with his/her
            present testimony;

         2. Showing that the witness is biased;

         3. Attaching the character of the witness in accordance with the state mock
            trial competition rules of evidence and procedure;

         4. Showing a defect of capacity, ability, or opportunity in the witness to
            observe, remember, or recount the matters about which he/she testified;
            and

         5. Proof by other witnesses that material facts are not as testified to by the
            witness being impeached.


     iii. Section 90.610 Conviction of Certain Crimes as Impeachment

         A party may attack the credibility of any witness, including an accused, by
         evidence that the witness has been convicted of a crime if the crime was
         punishable by death or imprisonment in excess of 1 year under the law under
         which he was convicted, or if the crime involved dishonesty or a false
         statement regardless of the punishment, with the following exceptions:



                                      99
    1. Evidence of any such conviction is inadmissible in a civil trial if it is so
       remote in time as to have no bearing on the present character of the
       witness.

    2. Evidence of juvenile adjudications is inadmissible under this subsection.

iv. Section 90.614 Prior Statements of Witness

    1. When witness is examined concerning his prior written statement or
       concerning an oral statement that has been reduced to writing, the court,
       on motion of the adverse party, shall order the statement to be shown to
       the witness or its contents disclosed to him.

    2. Extrinsic evidence of a prior inconsistent statement by a witness is
       inadmissible unless the witness is first afforded an opportunity to explain
       or deny the prior statement and the opposing party is afforded an
       opportunity to interrogate him on it, or the interests of justice otherwise
       require. If a witness denies making or does not distinctly admit that he has
       made the prior inconsistent statement, extrinsic evidence of such statement
       is admissible. This subsection is not applicable to admissions of a party-
       opponent.

    3. Re-direct and re-cross examination/questioning. If the credibility or
       reputation for truthfulness of the witness has been attacked on cross-
       examination, the attorney whose witness has been damaged may wish to
       ask several more questions. These questions should be limited to the
       damage the attorney thinks has been done and should be phrased so as to
       try to "save" the witness' truth-telling image in the eyes of the court. Re-
       direct examination is limited to issues raised by the attorney on cross-
       examination. Re-cross examinations follows re-direct examination but is
       limited to the issues raised on re-direct only and should avoid repetition.
       The presiding judge may exercise reasonable control over questioning so
       as to make questioning effective to ascertain truth, avoid needless waste of
       time, and protect witnesses from harassment.




                                100
B.      Objections

     An attorney can object any time the opposing attorneys have violated the rules of evidence.
     The attorney wishing to object should stand up and do so at the time of the violation.
     When an objection is made, the judge may ask the reason for it. Then the judge may turn to
     the attorney whose question or action is being objected to, and that attorney usually will have
     a chance to explain why the judge should not accept the objection. The judge will then decide
     whether a question or answer must be discarded because it has violated a rule of evidence or
     whether to allow the question or answer to be considered as evidence. The legal term
     “objection sustained” means that the judge agrees with the objection and excludes the
     testimony or item objected to. The legal term “objection overruled” means that the judge
     disagrees with the objection and allows the testimony or item to be considered as evidence.

1. Standard Objections on Direct and Cross Examination

     1. Irrelevant Evidence: “I object, your honor. This testimony is irrelevant to the facts of
           this case.”

     2. Leading Questions: “Objection. Counsel is leading the witness.” Remember, this is
           only objectionable when done on direct examination (Ref. Section A1.a).

     3. Narrative Questions and Answers: may be objectionable (Ref. Section A1.b).

     4. Improper Character Testimony: “Objection. The witness’ character or reputation has
          not been put in issue or “Objection. Only the witness’ reputation/character for
          truthfulness is at issue here.”

     5. Hearsay: “Objection. Counsel’s question/the witness’ answer is based on hearsay.” If
           the witness makes a hearsay statement, the attorney should also say, “and I ask that
           the statement be stricken from the record.”

     6. Opinion: “Objection. Counsel is asking the witness to give an opinion.”

     7. Lack of Personal Knowledge: “Objection. The witness has no personal knowledge that
           would enable him/her to answer this question.”

     8. Lack of Proper Predicate: Exhibits will not be admitted into evidence until they have
           been identified and shown to be authentic (unless identification and/or authenticity
           have been stipulated). Even after proper predicate has been laid, the exhibits may still
           be objectionable due to relevance, hearsay, etc.

     9. Ambiguous Questions: An attorney shall not ask questions that are capable of being
          understood in two or more possible ways.

     10. Non-responsive Answer: A witness’ answer is objectionable if it fails to respond to the
            question asked.



                                                101
   11. Argumentative Question: An attorney shall not ask a question which asks the witness to
          agree to a conclusion drawn by the questioner without eliciting testimony as to new
          facts. However, the Court may, in its discretion, allow limited use of argumentative
          questions on cross-examination.

   12. Unfair Extrapolation/Beyond the Scope of the Statement of Facts

               Attorneys shall not ask questions calling for information outside the scope of the
               case materials or requesting an unfair extrapolation. Unfair extrapolations are
               best attacked through impeachment and closing arguments and are to be dealt
               with in the course of the trial. A fair extrapolation is one that is neutral.

               Note: Fair extrapolations may be allowed, provided reasonable inference may be
               made from the witness’s statement. If, in direct examination, an attorney asks a
               question which calls for extrapolated information pivotal to the facts at issue, the
               information is subject to objection Outside the Scope of the Problem. If in
               CROSS examination, an attorney asks for unknown information, the witness may
               or may not respond, so long as any response is consistent with the witness’
               statement or affidavit and does not materially affect the witness’ testimony.

   13. Asked and Answered: “Objection. Your honor, the question has already been asked
          and answered.”

   14. Objections Not Recognized in This Jurisdiction: An objection which is not contained
         in these materials shall not be considered by the Court. However, if counsel
         responding to the objection does not point out to the judge the application of this rule,
         the Court may exercise its discretion in considering such objection.

   Note: Attorneys should stand during objections, examinations, and statements. No
   objections should be made during opening/closing statements but afterwards the
   attorneys may indicate what the objection would have been. The opposing counsel
   should raise his/her hand to be recognized by the judge and may say, “If I had been
   permitted to object during closing arguments, I would have objected to the opposing
   team’s statement that           .” The presiding judge will not rule on this objection
   individually and no rebuttal from the opposing team will be heard.

15. Opinions of Witnesses

   1.          Expert Opinion

          1.          Section 90.702 Testimony by Experts

                  If scientific, technical, or other specialized knowledge will assist the trier of
                  fact in understanding the evidence or in determining a fact in issue, a witness
                  qualified as an expert by knowledge, skill, experience, training or education



                                               102
               may testify about it in the form of an opinion; however, the opinion is
               admissible only if it can be applied to evidence at trial.

     2.           Section 90.703 Opinions on Ultimate Issue

               Testimony in the form of an opinion or inference otherwise admissible is not
               objectionable because it included an ultimate issue to be decided by the trier
               of fact.

     3.           Section 90.704 Basis of Opinion Testimony by Experts

               The facts or data upon which an expert bases an opinion or inference may be
               those perceived by, or made known to, him at or before the trial. If the facts
               or data are of a type reasonably relied upon by experts in the subject to
               support the opinion expressed, the facts or data need not be admissible in
               evidence.

     4.           Expert Opinion (additional information)

               An expert shall not express an opinion as to the guilt or innocence of the
               accused.

2.        Lay Opinion

     1.           Section 90.701 Opinion Testimony of Lay Witnesses

               If a witness is not testifying as an expert, his testimony about what he
               perceived may be in the form of inference and opinion when:

          1.              The witness cannot readily, and with equal accuracy and adequacy,
                  communicate what he has perceived to the trier of fact without testifying
                  in terms of inferences or opinions and his use of inferences or opinions
                  will not mislead the trier of fact to the prejudice of the objecting party; and

          2.               The opinions and inferences do not require a special knowledge,
                  skill, experience, or training.

     2.           Lay Opinion (additional information)

               All witnesses may offer opinions based on the common experience of
               laypersons in the community and of which the witnesses have first-hand
               knowledge. A lay opinion may also be obtained. For example, Sandy Yu, as
               the personnel director, would know of other complaints of sexual harassment
               in the office and any formal reprimands, even though he is not an expert in
               sexual harassment. They may be asked questions within that range of




                                           103
                 experience. No witness, not even an expert, may give an opinion about how
                 the case should be decided.

                 The cross-examination of opinions proceeds much like the cross-examination
                 of any witness. Questions, as indicated above, may be based upon the prior
                 statement of the witness. Inconsistencies may be shown. In addition, the
                 witness may be asked whether he or she has been employed by any party, to
                 show bias or interest. Or a witness giving an opinion may be asked the limits
                 of certainty in that opinion, as follows:

                    “Dr. Isaacs, please read this portion of your sworn statement to the
                    court.”

                    "I have studied the records of this case, and have conducted two one-hour
                    interviews with Elyse Roberts on March 29 and 31st. In those interviews,
                    she described to me her family history, her work environment, the actions
                    of her co-workers and supervisor and her resulting feelings."

                    “This is your statement, is it not, Dr. Isaacs? Ms. Roberts selected you
                    because of your expertise in sexual harassment in the workplace, correct?
                    During your two-hour interview you were only concerned with evaluating
                    Ms. Roberts’ working environment and not other psychological factors
                    that may have caused her problems. Thus you really can't say that Ms.
                    Roberts' difficulty on the job was only caused by the actions of Mr.
                    Murphy, can you?”

                 The point of these questions is not to discredit the witness. Rather, the
                 objective is simply to treat the witness as a responsible professional who will
                 acknowledge the limits of her or his expertise and testimony. If the witness
                 refuses to acknowledge those limits, the witness then is discredited.

                 It is always important in cross-examination to avoid arguing with the witness.
                 It is particularly important with an expert. Thus, the cross-examination should
                 be carefully constructed to call only for facts or to draw upon statements the
                 witness has already made.

   3.        Lack of Personal Knowledge

          A witness may not testify to any matter of which the witness has no personal
          knowledge. The legal term for testimony of which the witness has no personal
          knowledge is "incompetent."

16. Relevance of Testimony and Physical Objects

          Generally, only relevant testimony may be presented. Relevant evidence is physical
          evidence and testimony that makes a fact that is important to the case more or less



                                             104
          probable than the fact would be without the evidence. However, if the relevant
          evidence is unfairly prejudicial, may confuse the issues, or is a waste of time, it may
          be excluded by the court. Such relevant but excludable evidence may be testimony,
          physical evidence, or demonstrations that have no direct bearing on the issues of the
          case or do not make the issues clearer.

   1.        Introduction of Documents, Exhibits, Items, and Other Physical Objects Into
          Evidence

               There is a special procedure for introducing physical evidence during a trial. The
               physical evidence must be relevant to the case, and the attorney must be prepared
               to its use on that basis. Below are the basic steps to use when introducing a
               physical object or document for identification and/or use as evidence.

          1.          Show exhibit and have it marked by the judge. Say “Your Honor, I ask
                  that this ___ be marked for identification as Prosecution’s/Defendant’s
                  Exhibit No. ___”

          2.         Show the exhibit to opposing counsel for possible objection. Ask the
                  witness to identify the exhibit. “I now hand you what is marked as Exhibit
                  No. 1. Do you recognize this document?”

          3.         At this point the attorney may proceed to ask the witness a series of
                  questions about the exhibit.

          4.          If the attorney wishes to place the document into evidence, say, “Your
                  Honor, I offer this ____ marked as Prosecution's/Defendant's Exhibit No. 1
                  into evidence and ask the Court to so admit it.”

                  Court: “Is there any objection?”

                  Opposing Counsel: “No, your Honor.” or “Yes, your Honor.” (then state
                  objection).

                  Court: “Prosecution's/Defendant's Exhibit No. 1 is (is not) admitted.”

   NOTE: A witness may be asked questions about his/her statement without its
   introduction into evidence; but to read from it or submit it to the judge, it must first be
   admitted into evidence. Exhibits can be pre-marked.

17. Hearsay and Exceptions to this Ruling

   1.          What is Hearsay?

               Hearsay evidence is normally excluded from a trial because it is deemed
               untrustworthy. “Hearsay” is a statement other than one made by the witness



                                              105
          testifying at the trial, offered in evidence to prove that the matter asserted in the
          statement is true. An example of hearsay is a witness testifying that he heard
          another person saying something about the facts in the case. The reason that
          hearsay is untrustworthy is because the opposing side has no way of testing the
          credibility of the out-of-court statement or the person who supposedly made the
          statement. Thus, for example, the following questions would be objectionable as
          “hearsay” if you are trying to prove that the color of the door was red:

             “Mr. Edwards what color did Bob say the door was?”

          This is hearsay. Mr. Edwards is using Bob's statement for him to prove the color
          of the door. Instead, Bob or someone who saw the door needs to be called to
          testify as to the color of the door.

2.        Reasons for Prohibiting Hearsay

          Our legal system is designed to promote the discovery of truth in a fair way. One
          way it seeks to accomplish this goal is by ensuring that the evidence presented in
          court is “reliable”; that is, we can be fairly certain the evidence is true. Hearsay
          evidence is said to be “unreliable” for four reasons:

     1.          The hearsay statement might be distorted or misinterpreted by the witness
             relating it in court.

     2.          The hearsay statement is not made in court and is not made under oath

     3.          The hearsay statement is not made in court, and the person who made it
             cannot be observed by the judge or jury (this is important because the judge or
             jury should be allowed to observe a witness' behavior and evaluate his/her
             credibility).

     4.         The hearsay statement is not made in court and the person who made it
             cannot be challenged by cross-examination.

3.        When Can Hearsay Evidence Be Admitted?

     Although hearsay is generally not admissible, there are certain out-of-court
     statements that are treated as not being hearsay, and there are out-of-court statements
     that are allowed into evidence as exceptions to the rule prohibiting hearsay.

     Statements that are not hearsay are prior statements made by the witness himself and
     admissions made by a party opponent.

     1.          Exceptions




                                          106
     Hearsay is not admissible, except as provided by these rules. For purposes of
     this mock trial, the following exceptions to the hearsay rule will be allowed;
     even though the declarant is available as a witness.

1.               Spontaneous Statement

          A statement describing or explaining an event or condition made while the
          declarant perceived the event or condition, or immediately thereafter,
          except when such statement is made under circumstances that indicate its
          lack of trustworthiness.

2.               Excited Utterance

          A statement or excited utterance relating to a startling event or condition
          made while the declarant was under the stress of excitement caused by the
          event or condition.

3.               Medical Statements

          Statements made for the purpose of medical diagnosis or treatment by a
          person seeking the diagnosis, or made by an individual who has
          knowledge of the facts and is legally responsible for the person who is
          unable to communicate the facts, which statements describe medical
          history, past or present symptoms, pain, or sensations, or the inception or
          general character of the cause or external source thereof, insofar as
          reasonably pertinent to diagnosis or treatment.

4.               Recorded Recollection

          A memorandum or record concerning a matter about which a witness once
          had knowledge but now has insufficient recollection to enable the witness
          to testify fully and accurately, shown to have been made by the witness
          when the matter was fresh in his memory and to reflect that knowledge
          correctly. A party may read into evidence a memorandum or record when
          it is admitted, but no such memorandum or record is admissible as an
          exhibit unless offered by an adverse party.

5.               Records of a Regularly Conducted Activity

     1.                 A memorandum, report, record, or data compilation, in any
             form, of acts, events, conditions, opinion, or diagnosis, made at or near
             the time by, or from information transmitted by, a person            with
             knowledge, if kept in the course of a regularly conducted business
             activity and if it was the regular practice of that business activity to
             make such memorandum, report, record, or data compilation, all as
             shown by testimony of the custodian or other qualified witness, unless



                                  107
             the sources of information or other circumstances show lack of
             trustworthiness. The term “business” as used in this paragraph includes
             a business, institution, association, profession, occupation, and calling
             for every kind, whether or not conducted for profit.

     2.                   No evidence in the form of an opinion or diagnosis is
             admissible under paragraph (a) unless such opinion or diagnosis would
             otherwise be admissible if the person whose opinion is recorded were
             to testify to the opinion directly.

6.                Learned Treatises

          To the extent called to the attention of an expert witness upon cross
          examination or relied upon by the expert witness in direct examination,
          statements contained in public treatises, periodicals or pamphlets on a
          subject of history, medicine, or other science or art, established as a
          reliable authority by the testimony or admission of the witness, or by other
          expert testimony, or by judicial notice.

7.                Then Existing Mental, Emotional, or Physical Condition

     1.                 A statement of the declarant’s then existing state of mind,
             emotion, or physical sensation, including a statement of intent, plan,
             motive, design, mental feeling, pain, or bodily health, when such
             evidence is offered to:

             1.                   Prove the declarant’s state of mind, emotion, or
                     physical sensation at that time or at any other time when such
                     state is an issue in the action.

             2.                   Prove or explain acts of subsequent conduct of the
                     declarant.

     2.                  However, this subsection does not make admissible:

             1.                  An after-the-fact statement of memory or belief to
                     prove the fact remembered or believed, unless such a statement
                     relates to the execution, revocation, identification, or terms of
                     the declarant's will.

             2.                   A statement made under circumstances that indicate
                     its lack of trustworthiness.




                                   108
C.     Trial Motions

       No trial motions are allowed except for special jury instructions as permitted in
       these case materials.
       Examples:

       Directed verdict, dismissal, acquittal, motion in limine, motion to sequester witnesses.

       Exception:

              Motion for Recess may only be used in emergency situations.

D.     Attorney Demeanor

       **See Code of Ethical Conduct


Note: Please refer to Official Case Materials for any specific additions relative to this trial.




                                               109
                     GUIDELINES FOR TEACHER COACHES
A.     Role of the Teacher Coach

The teacher coach is expected to help the team members decide which students will play which
parts in the mock trial and to assist the students in playing those roles. As part of the sizeable
responsibility of acting as team coaches, teachers are responsible for the following areas:

1. Rules of the Program: All teachers and teams are expected to adhere to the rules, facts and
all other materials provided in the 2009 Mock Trial Competition Case Materials. Therefore,
please make sure you are familiar with the Competition rules.

2. Role Assignments: Team members should be strongly encouraged to select roles based on
their interests and abilities and not on the basis of any gender or cultural stereotypes which might
be drawn from the characterizations in the fact pattern.

3. Team Preparation: Attorneys will also help coach each team. Teams should prepare both
sides of the case and are strongly urged to arrange and conduct preliminary mock trials with
other teams prior to competing in the district and circuit competition. Preliminary trials require
only one attorney or judge to act as the presiding judge, as it is not necessary to award points to
the teams during these practice rounds.

4. Education: Education of the students is the primary goal of the Mock Trial Competition.
Healthy competition helps to achieve this goal, but teachers are reminded of their responsibility
to keep the competitive spirit at a reasonable level. The reality of the adversarial system is that
one party wins and the other loses, and teachers should be sure to prepare their teams to be ready
to accept either outcome in a mature manner. Teachers can help prepare students for either
outcome by placing the highest value on excellent preparation and presentation, rather than on
winning or losing the trial.

5. Observers: Other classes, parents, and friends of the participants are welcome to attend the
trials. However, please note that space in the courtroom is limited. The presiding judge may
ask overflow observers to leave the courtroom. All observers must be seated during the trial.

6. Arrival Times: Teachers are responsible for getting their teams to the assigned courtroom
15 minutes prior to the starting time of each trial.


                    GUIDELINES FOR ATTORNEY COACHES
1. Much as you will want to help the students, point them in the right direction, and give them
     the benefit of your experience, remember that the students will develop a better
     understanding of the case and learn more from the experience if the attorney coaches do
     not dominate the preparation phase of the tournament. The preparation phase of the
     contest is intended to be a cooperative effort of students, teacher and attorney coaches.




                                                110
2. Avoid (even the appearance of) “talking down” to students and/or stifling discussion through
      the use of complicated “legalese.”

3. The first session with a student team should be devoted to the following tasks:

       1.     Answering questions that students may have concerning general trial practices;

       2.     Explaining the reasons for the sequence of events/procedures found in a trial;

       3.     Listening to the students’ approach to the assigned case; and

       4.     Emphasizing the key points, such as the elements to be proved, and the relevance
              and importance of available legal authority.

4. Subsequent sessions with students should center on the development of proper questioning
      techniques by the student attorneys and sound testimony by the witnesses. Here an
      attorney can best serve as a constructive observer and teacher...listening, suggesting and
      demonstrating to the team.

5. Attorney coaches should not prepare opening statements, closing statements, or questions
      for the students. Students should be encouraged to do as much of their own preparation
      as possible.




                                              111
                           Florida High School Mock Trial Competition
                                    SCORE SHEET/BALLOT
             P = Prosecution:__________________________ D = Defense:____________________________
                                (Team Code)                                  (Team Code)
               Date:______________________ Round: (circle one)   1       2      3     4      F

                                    Using a scale of 1 to 10, rate the P and D in the categories below.
                                       Do NOT use fractional points. Please use a ballpoint pen.
                         Not Effective          Fair            Good            Excellent            Outstanding
                         1      2          3         4          56          7          8         9      10

 Score Sheet/ Ballot                                                                   P                                                        D
 Opening Statement                                                               (________)                                                 (________)

 Prosecution’s First Witness                    Direct Examination               (________)

                                                Witness Presentation             (________)        Cross Examination                        (________)

 Prosecution’s Second Witness                   Direct Examination               (________)

                                                Witness Presentation             (________)        Cross Examination                        (________)

 Prosecution’s Third Witness                   Direct Examination                (________)

                                                Witness Presentation             (________)        Cross Examination                        (________)

                                                                                                   Direct Examination                       (________)
 Defense’s First Witness
                                                Cross Examination                (________)        Witness Presentation                     (________)

                                                                                                   Direct Examination                       (________)
 Defense’s Second Witness
                                                Cross Examination                (________)        Witness Presentation                     (________)

                                                                                                   Direct Examination                       (________)
 Defense’s Third Witness
                                                Cross Examination                (________)        Witness Presentation                     (________)

 Closing Argument                                                                (________)                                                 (________)

 Ethical Conduct                                                                 (________)                                                 (________)

 Team Performance                                                                (________)                                                 (________)

 Column Totals: DO NOT TIE TEAMS                                                 (________)                                                 (________)
Note: Any errors in ADDITION will be corrected by score room staff. Please review your individual scores and return to trial coordinator.



_______________________________________
Judge’s Signature




                                                                           112
                  Florida High School Mock Trial Competition
 EXPLANATION OF RATINGS USED ON THE SCORE SHEET/BALLOT

Participants will be rated in the categories on the ballot on a scale of 1-10 points (10 being the highest), according to
their roles in the trial. The Scoring Judges are scoring STUDENT PRESENTATION in each category. The
Scoring Judges are NOT scoring the legal merits of the case. Each category is to be evaluated separately and
fractional points ARE NOT to be awarded. One team MUST be awarded more total points than the other. The
team winning the majority of the ballots shall win the round.

Judging panels also may recognize outstanding individual presentations by selecting one MOST EFFECTIVE
ATTORNEY and/or one MOST EFFECTIVE WITNESS per round. The decision must be representative of the
majority of the panel members.

Judges may NOT disclose the score sheet/ballot results or the identities of the Most Effective Attorney and/or
Witness to anyone other than the mock trial coordinator. Sign your score sheet/ballot before turning it over to the
presiding judge on your panel. DO NOT ANNOUNCE SCORES OR RESULTS TO THE TEAMS DURING
THE CRITIQUE!


   POINT(S)          PERFORMANCE             CRITERIA FOR EVALUATING STUDENT PERFORMANCE
                                             1. Exhibits lack of preparation/understanding of the case materials.
                                             2. Communication unclear, disorganized, and ineffective.
       1-2              Not Effective        3. Unsure of self, does not think well on feet, depends heavily on
                                                    notes.
                                                1. Exhibits minimal preparation/understanding of the case
                                                    materials.
       3-4                   Fair               2. Communication minimally clear and organized, but lacking in
                                                    fluency and persuasiveness.
                                                3. Minimally self-assured, but lacks confidence under pressure.

                                             1.   Exhibits adequate preparation/understanding of the case materials.
       5-6                  Good             2.   Communications are clear and understandable, but could be
                                                      stronger in fluency and persuasiveness.
                                             3.   Generally self-assured, reads from notes very little.

                                             1.   Exhibits mastery of the case materials.
       7-8                Excellent          2.   Communication is clear, organized, fluent and persuasive.
                                             3.   Thinks well on feet, poised under pressure, does not read from
                                                      notes.
                                             1.   Superior in qualities listed for 7-8 points' performance.
      9-10               Outstanding




                                                          113
            Florida High School Mock Trial Competition
                  PRESIDING JUDGE BALLOT

       Prosecution: ___________________ Defense: ___________________
                     (Team Code)                     (Team Code)


                             Round#: _____________

Please make your decision, offer some written comments, and hand in this score sheet
to the Timekeeper as soon as possible. Thank you for participating.

               I. Performance Evaluation - MANDATORY

 Performance Decision: In my opinion the better mock trial performance was shown
                                     by the

                PROSECUTION / DEFENSE (Circle One)

This is a team performance score based on the clarity and effectiveness of arguments
presented and the professional demeanor exhibited by team members.

               Note: Do not announce your performance decision.


                                  II. Comments




                  _________________________________________________
                             Judge’s Signature & Date


                                        114
 Florida High School Mock Trial Competition
   MOST EFFECTIVE                 ATTORNEY FORM

                         (Mandatory)

           This form is to be completed by All Judges


          _____________________________________
                 Date of Competition Round


           ____________________________________
                      Enter Team Code


           ____________________________________
                          Round



                          ATTORNEY

                I wish to award the following team
                         member the title of
               MOST EFFECTIVE
                 ATTORNEY
                           For this round:

               ____________________________
                   Name of Team Member from Team Roster

               Prosecution’s or Defense’s Attorney
                          (Circle One)



____________________________________________________________
                       Judge’s Signature




                                  115
 Florida High School Mock Trial Competition
     MOST EFFECTIVE                  WITNESS FORM

                         (Mandatory)

           This form is to be completed by All Judges


          _____________________________________
                 Date of Competition Round


           ____________________________________
                      Enter Team Code


           ____________________________________
                          Round


                            WITNESS

                I wish to award the following team
                         member the title of
               MOST EFFECTIVE
                  WITNESS
                           For this round:

               ____________________________
                   Name of Team Member from Team Roster

               Prosecution’s or Defense’s Witness
                         (Circle One)



____________________________________________________________
                       Judge’s Signature




                                  116
                Florida High School Mock Trial Competition
              LEGAL PROFESSIONALISM AWARD BALLOT


Teachers: Please complete this ballot as your official recommendation for the Legal Professionalism Award. Only one entry per school will be
accepted. You may wish to discuss with your students their feelings about the professionalism, spirit, and ethical conduct of other teams to aid in
your decision. Please refer to the definition and quotes about professionalism.
Teams should NOT nominate themselves.




Recommendation #1: _________________________________________________

Comments:




Recommendation #2: _________________________________________________

Comments:




Submitted By:

School:

District:

Signature:
                                              Two awards will be presented.


                                                                       117
            Florida High School Mock Trial Competition
                       COMPLAINT FORM

                                      (Please Print)

Date:_______________

Person Lodging Dispute/Complaint:_____________________________

Affiliated With:                                 (Enter Team Code Only)

Nature of Dispute/Complaint:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

NOTE: This form may be used to inform the Mock Trial Coordinator and Advisory
Committee of any disputes or recommendations relating to the competition including
complaints regarding judges. Please be specific regarding the nature of the dispute.
This form in no way replaces the dispute resolution process as outlined in the rules.

                   ___________________________________________
                                     Signature

                     *Return to Box at Information Desk in Courthouse*


                                           118
               Florida High School Mock Trial Competition
                        TEAM DISPUTE FORM
Date:                                Round (Circle one)    1   2   3 4 Final

Prosecution:                                Defense: ___________________________
               (Team Code)                                   (Team Code)

TEAM LODGING DISPUTE: _____________________________ (Enter Team Code)
Grounds for Dispute:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________

Initials of Team Spokesperson: _______ Time Dispute presented to Presiding Judge:__________
Hearing decision of Presiding Judge (Circle one): GRANT / DENY Initials of Judge: ________

Reason(s) for Denying Hearing or Response of Opposing Team:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________

Initials of Opposing Team's Spokesperson: __________

Presiding Judge's Notes from Hearing:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________

Decision of Presiding Judge Regarding Dispute (Circle one): Refer to Panel/Not Refer to Panel

Reason(s) for Presiding Judge's Decision:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________

This form must be returned to the Mock Trial Coordinator along with the score sheets of the
Scoring Judges and the ballot of the Presiding Judge.
                                                                   _______________
                                                                   Signature of Presiding Judge


                                              119
              Florida High School Mock Trial Competition
                       TEAM ROSTER FORM
Each Prosecution and Defense team should complete this sheet in triplicate. Copies are to be
made available to the judging panel (3 copies) before each round. The team code can be
filled in after registration at the competition site.

Note: Do not place team or attorney coach or teacher coach identifying information on the forms
used in competition rounds.

                                     Please print or type

                                      ________________
                                         Team Code


                   In this round, students listed on this roster represent the:
                                          (Circle One)

                              Prosecution                Defense


  Names of Team Attorneys                                Identify Tasks to be Presented

                                                     _____________________________
                                                     _____________________________
                                                     _____________________________




  Names of Team Witnesses                                Identify Roles to be Performed

                                                     _____________________________
                                                     _____________________________
                                                     _____________________________




                                               120
                                  PROFESSIONALISM

The Florida Bar’s Standing Committee on Professionalism’s working definition of
professionalism:

       Professionalism is the pursuit of practice of the highest ideals and tenets of the legal
profession. It embraces far more than simply complying with the minimal standards of
professional conduct.     The essential ingredients of professionalism are character,
competence, and commitment.


Other thoughts on professionalism:


         “...To me, the essence of professionalism is a commitment to develop one’s skills and to
apply that responsibility to the problems at hand. Professionalism requires adherence to the
highest ethical standards of conduct and willingness to subordinate narrow self-interest in
pursuit of the more fundamental goal of public service. Because of the tremendous power they
wield in our system, lawyers must never forget that their duty to serve their clients fairly and
skillfully takes priority over the personal accumulation of wealth. At the same time, lawyers
must temper bold advocacy for their clients with a sense of responsibility to the larger legal
system which strives, however imperfectly, to provide justice for all.”
                                                            Justice Sandra Day O’Connor


        “Professionalism is no more, and no less, than conducting one’s self at all times in such
a manner as to demonstrate complete candor, honesty, and courtesy in all relationships with
clients, associates, courts, and the general public. It is the personification of the accepted
standard of conduct so long recognized and observed by able lawyers throughout history, that a
lawyer’s word is his bond. It encompasses the fundamental belief that a lawyer’s primary
obligation is to serve his or her client’s interests faithfully and completely, with compensation
only a secondary concern, and with ultimate justice as the final goal.”
                                                               Don Jackson, former chair of the
                                                               Senior Lawyer Division of the
                                                               American Bar Association




                                              121
                 OATH OF ADMISSION TO THE FLORIDA BAR

The general principles which should ever control the lawyer in the practice of the legal
profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is
sworn on admission to obey and for the willful violation to which disbarment may be had.

       “I do solemnly swear:

       “I will support the Constitution of the United States and the Constitution of the State of
       Florida;

       “I will maintain the respect due to courts of justice and judicial officers;

       “I will not counsel or maintain any suit or proceedings which shall appear to me to be
       unjust, nor any defense except such as I believe to be honestly debatable under the law of
       the land;

       “I will employ for the purpose of maintaining the causes confided to me such means only
       as are consistent with truth and honor, and will never seek to mislead the judge or jury by
       any artifice or false statement of fact or law;

       “I will maintain the confidence and preserve inviolate the secrets of my clients, and will
       accept no compensation in connection with their business except from them or with their
       knowledge and approval;

       “I will abstain from all offensive personality and advance no fact prejudicial to the honor
       or reputation of a party or witness, unless required by the justice of the cause with which
       I am charged;

       “I will never reject, from any consideration personal to myself, the cause of the
       defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.”




                                                122

				
DOCUMENT INFO