2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling CRIMINAL PROCEDURE Complaint/Indictment First Appearance Omnibus Hearing Contested Omnibus Hearing Pretrial/Settlement Conference Trial THE COMPLAINT Count I: Vandalism of a Cemetery • Class 3 Felony Count II: Vandalism of a Cemetery • Class 4 Felony Count III: Criminal Defacement of Property • Class 4 Felony Count IV: Criminal Trespass to a Cemetery • Class A Misdemeanor Count I Vandalism of a Cemetery, Class 3 Felony is committed when an individual: (1) without legal justification willfully and knowingly defaces, vandalizes and/or injures gravestones and other memorials, monuments and markers inside a cemetery; AND (2) the estimated number of markers damaged is at least 5 and no more than 10 Count II Vandalism of a Cemetery, Class 4 Felony is committed when an individual: (1) without legal justification willfully and knowingly defaces, vandalizes and/or injures gravestones and other memorials, monuments and markers inside a cemetery; AND (2) the estimated number of markers damaged is at least 1 and no more than 4 Count III Criminal Defacement of Property, Class 4 Felony is committed when an individual: (1) knowingly damages the property of another without consent by defacing or otherwise damaging property; AND (2) the damage to the property exceeds $300 Count IV Criminal Trespass to a Cemetery, Class A Misdemeanor is committed when an individual: (1) knowingly enters the premises of a public or private cemetery without authorization; AND (2) does so during the hours that the cemetery was posted as closed to the public. Order of the Trial Opening Statements State must make its opening statement at start of trial Defense has option of postponing its opening until after State has presented its case-in-chief State Presents Its Case-in-Chief State’s First Witness direct exam by prosecuting attorney cross-exam by defense counsel re-direct by (same) prosecuting attorney re-cross by (same) defense counsel State’s Second Witness State’s Third Witness Order of the Trial Defense Presents Defense’s First Witness direct exam by defense counsel cross-exam by prosecuting attorney re-direct by (same) defense counsel re-cross by (same) prosecuting attorney Defense’s Second Witness Defense’s Third Witness Closing Arguments Prosecuting Attorney Defense Counsel Prosecution Rebuttal (optional) OPENING STATEMENT Introduction: Tell the jury who you are and why you are there. Introduce co-counsel and defense attorney’s introduce your client. Provide jury with a statement of the case from your side’s perspective and a roadmap of the information that you’re planning on presenting. Objections not allowed while opposing counsel is addressing the jury. BURDEN OF PROOF The Defendant need not prove his/her innocence. He/She is presumed innocent until proven guilty. The State has the burden proof. The burden of proof in criminal matters = guilty beyond a reasonable doubt. The State must prove all elements of the offense beyond a reasonable doubt. Witnesses Prosecution Witnesses Reece Mathewson, Police Officer Skeeter Ferris, Cemetery After-Hours Watchperson Shelby Cullom, Student Defense Witnesses Lee Dubois, Parent of Jesse Dubois Jesse Dubois, Defendant Pat Dowling, Defendant Key Considerations How did the damage occur? Natural decay? Intentional vs. accidental? Storm-related? Civil Liability Witness motivation Witness credibility Other bad acts of defendants DIRECT EXAM Order of your witnesses is strategic Build upon the testimony of each witness in a logical sequence. Establish Foundation No Leading Questions Redirect: Use to rehabilitate and clarify Scope limited to matters raised in cross-exam Do not repeat areas already covered CROSS-EXAM Use to create doubt, particularly with respect to the elements of the case. Leading questions allowed -- take advantage Be courteous…no badgering. Re-cross Limited to matters raised on re-direct Do not repeat areas already covered OBJECTIONS Stand when making an objection All testimony stops once an objection is made and until the court makes a ruling Objecting party MUST give basis for objection Most Commonly Used Objections Argumentative Assuming facts not in evidence Badgering the witness/asked and answered Beyond the scope Foundation Relevance Leading Non-responsive (use carefully) Calls for speculation Unfair Extrapolation HEARSAY Definition An out-of-court statement made by someone other than the declarant that goes to the truth of the matter asserted. EXHIBITS Exhibits are pre-marked: – Exhibit A: Gravestone Damage Estimate – Exhibit B: Abbreviated Forensics Report – Exhibit C: Map of Mortis County Cemetery – Exhibit D: Shelby Cullom’s Confession Letter – Exhibit E: Article from Springfield Star EXHIBITS Show exhibit to the Judge – Ask permission before approaching the bench Show exhibit to the opposing counsel Show exhibit to witness – Ask permission before approaching a witness Ask witness to identify the exhibit – necessary to establish foundation for exhibit Ask questions concerning the exhibit Offering Exhibit Into Evidence • State your intention to offer the exhibit into evidence: “You Honor, at this time the State/Defense offers Exhibit No. ____ into evidence. The authenticity of this exhibit has been stipulated.” • Opposing counsel may object • Court rules on admissibility of exhibit CLOSING ARGUMENT Closing arguments given after the defense rests. The State gives its closing argument first. Closings are based on the actual evidence and testimony presented during the trial. Focus on the testimony and evidence that best supports your side. Downplay unsupportive testimony and evidence. Objections not allowed while opposing counsel is addressing the jury. REBUTTAL State has opportunity to rebut the defense’s closing argument. Scope of rebuttal is limited to subject to defense’s closing argument. COURTROOM DECORUM Dress appropriately. Behave professionally and courteously to the Court, opposing counsel, and all witnesses. Develop your own style.