Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

CRIMINAL PROCEDURE Complaint/Indictment Complaint/Indictment First Appearance First Appearance Omnibus Hearing Omnibus Hearing Contested Omnibus Hearing Contested Omnibus Hearing Pretrial/Settlement Conference Pretrial/Settlement Conference Trial 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 Opening Statements State must make its opening statement at start of trial 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 Defense has option of postponing its opening until after State has presented its case-in-chief State Presents Its Case-in-Chief State Presents Its Case-in-Chief State’s First Witness State’s First Witness direct exam by prosecuting attorney direct exam by prosecuting attorney cross-exam by defense counsel cross-exam by defense counsel re-direct by (same) prosecuting attorney re-direct by (same) prosecuting attorney re-cross by (same) defense counsel re-cross by (same) defense counsel State’s Second Witness State’s Second Witness State’s Third Witness State’s Third Witness

Order of the Trial Defense Presents Defense Presents Defense’s First Witness Defense’s First Witness direct exam by defense counsel direct exam by defense counsel cross-exam by prosecuting attorney cross-exam by prosecuting attorney re-direct by (same) defense counsel re-direct by (same) defense counsel re-cross by (same) prosecuting attorney re-cross by (same) prosecuting attorney Defense’s Second Witness Defense’s Second Witness Defense’s Third Witness Defense’s Third Witness Closing Arguments Closing Arguments Prosecuting Attorney Prosecuting Attorney Defense Counsel Defense Counsel Prosecution Rebuttal (optional) 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. 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. 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. 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 Defendant need not prove his/her innocence. He/She is presumed innocent until proven guilty. The State has the burden proof. The State has the burden proof. The burden of proof in criminal matters = guilty beyond a reasonable doubt. 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. 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. Closing arguments given after the defense rests. The State gives its closing argument first. The State gives its closing argument first. Closings are based on the actual evidence and testimony presented during the trial. 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. 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. Objections not allowed while opposing counsel is addressing the jury.

REBUTTAL State has opportunity to rebut the defense’s closing argument. State has opportunity to rebut the defense’s closing argument. Scope of rebuttal is limited to subject to defense’s closing argument. Scope of rebuttal is limited to subject to defense’s closing argument.

COURTROOM DECORUM Dress appropriately. Dress appropriately. Behave professionally and courteously to the Court, opposing counsel, and all witnesses. Behave professionally and courteously to the Court, opposing counsel, and all witnesses. Develop your own style. Develop your own style.