Notes on our First Trial

Notes on our First Trial

Suggestions from the Judges:
-- Be aware of the gender of the witnesses -- which you did, and defense didn't, as you noticed!
-- Make use of the redirect. Go in and repair damage done in the cross-examination.
-- Use the facts to prove your case. Develop your theory of the case. Point out descrepencies in your opponents' case.
-- Follow up on a question if it is not answered as you expected, or follow up on a question for which the answer brought out something you really want to emphasize.
-- Witnesses should tell their testimony to the judges. Make eye contact with the judges.
-- In opening, tell what you will show and what facts (evidence) you will use to show it.
-- Be careful about going too far in your claims, especially when you are defense. Your burden of proof asks only that you show REASONABLE doubt. Don't increase your burden of proof.
-- Stand when the judges leave.
-- In cross examination, don't ask questions for which you don't know the answer.
Don't allow (or open up to) speculation.
-- Call the witness on it if what they say doesn't match their statement or something that the defense has said earlier in the trial. (Mr. Weckel, can we -- and how can we -- point out the illogic of what the opposition's attorney's say, when one thing they say contradicts another.)
-- Call the witness on it when they're "waffling."
-- Only the attorney who worked with a witness may object to questions being asked of that witness in cross-examination.
-- Jump all over speculations.

Ms. Dorsey's notes:
-- No tapping on the table, or anything else.
-- No gum once you're in the courtroom. I believe one of our witnesses was chewing gum!
-- No paper airplanes or origami -- This for an individual who shall remain nameless! :)
-- Opening -- Tell what each witness will prove.
--This analogy that the defense used was good: Casey's artwork was "like writing an angry letter to your boss that you never intend to send." Apt analogies can be useful.
-- Make sure you rise each time you address the judge(s).
-- When asked if you have a witness, say something like, "The prosecution calls . . . . "
-- If your witness forgets what is in the statement, you can help him or her by asking, "Did you say in our witness statement that, . . ." Please explain further. "
-- Witnesses, really know your statements!
-- Witnesses, during cross, you are asked yes/no questions, but you do not have to limit your responses to yes and no. Don't agree with them unless you absolutely can't help it. (Right?) But do be honest in the light of the way we understand the case!
-- We gave the defense our exhibits/evidence before the trial. When the judge asks, let him know that you have already provided them with copies of the evidence.
-- I noted several times that you could have taken advantage of the redirect.

-- They asked Atkinson, "What are the conclusions you reached after your expert analysis?"
-- When finished with direct, they stated that they reserved the right to re-examine the witness. They could have done it more politely, such as "With your honors' permission, I reserve the right to re-examine the witness."
-- During direct by the opposition, keep the witness statements in front of you to help you catch anything that doesn't match the witness statement. This is one of the places it would help if the whole team were familiar with all witness statements, as well as the statement of facts.
-- Know how to say the word "pungent."
-- Tell the whole story.
-- Be prepared to respond to objections. Don't just let them shut you down. Also be prepared to defend your own objections.
-- When Cameron Cortez was being asked about why Brady left the school -- there was an objection. Speculation -- Was it overruled?
-- The defenses argument about Casey not being able to build the bomb because he flunked chemistry had discrepencies -- Casey was an officer of the SCIENCE CLUB. Casey was an excellent student. Elsewhere the defense claimed that he flunked because he was being bullied, and also said he flunked because he wasn't good at chemistry. He says he's into pyrotechnics. Isn't that chemistry? We need to decide what our story is about that aspect of the case.
-- When you asked about no one challenging the Crew, Casey didn't remember that he'd said something about that in his witness statement.

-- You may request time to confer as a team before the closing statement.

Comments from our second judge:
Boa: good questions, laid out prosecutions case quite well
Jessica: handled technical material/testimony well, great CX questions. Should consider redirect.
Kaden: Great line of questions. Good use of objections!!! Great presentaion of closing -- focus more on facts, though. Very confident. Consider redirect
Jack: good questions on cross. Careful on CX when you don't know the answer. Speak up a bit.

Breanne or Alycen: Very natural presentation. Handled cross well.
Breanne or Alycen: Impressed with familiarity of tech testimony
Kaylynn: Handled cross very well. Unapologetic.
Breanne and Jack need to speak louder.





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Here are some comments from "Laura Pora" -- evidently a seasoned participant in Mock Trial (Thank you!) who viewed our blog:
Actually if you look in your book there is a procedure you can go through with the witness. Or you can say I am referring to your statement, or you may ask the judge to approach the witness,(Make sure you state what you are refering to and show the oposing team), and get them to read from their statement.

A way to communicate between the attorney's instead of talking is using a notepad. Also if you ever get stuck while you are either directing or crossing a witness you can also ask to confer with co-counsil.

In a trial you would say "The prosecution would like to call ___________________ to the stand.

I am referring to your witness statement would be a better way to put it. (Or as in my other comments, ask to approach the witness and ask them to read that part of the statement). If you say "Did you say in your witness statement". That is an objection as you are leading the witness.

When it comes to witnesses you want to start with your strongest and end with your weakeset.

I was reading some other things on your blog, and I have a comment when it comes to talking during the mid break of the trial. We actually had someone last year talk with their coaches, and their coaches talked with them, and since it was their first year doing this they went away with just a warning that if it happened again their team would be disqualified for 2 yrs. It is a very serious thing.