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.