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Middle School Mock Trial Competition The 2008 Mock Trial Criminal Case IN THE COURT OF COMMON PLEAS FORTY-SIXTH JUDICIAL CIRCUIT COUNTY OF YORK STATE OF SOUTH CAROLINA

State of South Carolina, Prosecution, v. Kinsley Williams, Defendant.

) Court of General ) Sessions ) ) ) ) ) ) 2008-GS-46-1285 ) 2008-GS-46-1286 ) ) ) ) )

NOTE: All characters, names, events, places, and circumstances in this mock trial case are fictitious. 1

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South Carolina Bar Law Related Education Division

2008 Middle School Mock Trial Criminal Case IN THE COURT OF COMMON PLEAS FORTY-SIXTH JUDICIAL CIRCUIT COUNTY OF YORK STATE OF SOUTH CAROLINA

State of South Carolina Prosecution, v. Kinsley Williams, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Court of General Sessions

2008-GS-46-1285 2008-GS-46-1286

Note: All characters, names, events, places, and circumstances in this mock trial case are fictitious.

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A PROJECT OF THE SOUTH CAROLINA BAR LAW RELATED EDUCATION (LRE) COMMITTEE AND THE MIDDLE SCHOOL MOCK TRIAL SUB-COMMITTEE SC BAR PRESIDENT Flo Lester Vinson, Esquire LRE COMMITTEE CHAIR Thomas McRoy Shelley, III, Esquire MIDDLE SCHOOL MOCK TRIAL SUB-COMMITTEE CHAIR Andrew N. Cole, Esquire MIDDLE SCHOOL MOCK TRIAL CASE WRITING COMMITTEE Andrew N. Cole, Esquire David Miller, Esquire SC BAR LRE DIVISION STAFF LIAISONS Cynthia H. Cothran, LRE Director Nic Beza, LRE Coordinator STUDENT CONSULTANT Elizabeth Willis

Middle School Mock Trial is made possible with the support of the South Carolina Bar Foundation’s IOLTA grant.

Additional training materials have been adopted and adapted with verbal permission from the Delaware Law-Related Education Center, Inc. on the problem.

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MIDDLE SCHOOL MOCK TRIAL PAST WINNERS 2002 State Winner ............................................................... Sneed Middle School 2003 Pee Dee Regional Winner .................................Myrtle Beach Middle School 2003 Midlands Regional Winner .................................Lady’s Island Middle School 2003 Upstate Regional Winner .........................................Riverside Middle School 2004 State Winner .......................................................Johnsonville Middle School 2005 State Winner .......................................................Johnsonville Middle School 2006 State Winner ................................................................. Hand Middle School 2007 State Winner .........................................................Springfield Middle School

2007 State Winner Springfield Middle School

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INTRODUCTION TO THE 2008 MIDDLE SCHOOL MOCK TRIAL COMPETITION The Middle School Mock Trial Competition is sponsored by the South Carolina Bar Law Related Education (LRE) Division. Public schools, private schools and home schools throughout the state have been invited to participate in this program. Each participating school enters a team ideally composed of 16 students (and a minimum of 6 students) sponsored by a teacher volunteer. The SC Bar LRE Division will assist in locating attorney coaches to help the team in preparing the case and will also provide the team with the case and other competition materials on the Web site at www.scbar.org/lre. The Middle School Mock Trial Competition is divided into five (5) regional competitions with a culminating state competition. Teams from each regional competition will advance to the state competition taking place on Saturday, December 6, 2008. Upon receipt of all Middle School Mock Trial applications no later than Friday, September 5, 2008, Middle School Mock Trial teams will be assigned to a regional competition. Once assigned to a regional competition, a team cannot switch regional competitions without the discretion of the state coordinator. The competition schedule is as follows: • Lowcountry ................. Beaufort ........................ Saturday, November 22, 2008 • Piedmont .................... Greenville...................... Saturday, November 22, 2008 • Pee Dee ..................... Florence........................ Saturday, November 22, 2008 • Midlands ..................... Columbia....................... Saturday, November 22, 2008 • Coastal ....................... Conway......................... Saturday, November 22, 2008 • STATE ........................ Lexington ........................ Saturday, December 6, 2008 The goals of this program are, first and foremost, to educate students about the basis of our American judicial system and the mechanics of litigation. The program also serves to increase cooperation, respect and support between the community and the legal profession. Through participation in the mock trial program students will increase their basic skills such as listening, speaking, writing, reading, and analyzing. All participants are encouraged to keep in mind that the goal of the mock trial program is not to win for the sake of winning, but to learn and understand the meaning of good citizenship in a democratic republic through participation in our system of law and justice. All who participate in the mock trial competition are winners in this sense. SPECIAL INSTRUCTIONS The 2008 Middle School Mock Trial Competition case materials are available on the Internet at the LRE section of the South Carolina Bar’s website, located at www.scbar.org/lre and clicking on the Middle School Mock Trial logo. DISCUSSION FORUM Questions concerning the content of the case materials should be submitted to the web based discussion at forum.scbar.org/msmt. Forum questions may be posted up until 72 hours prior to the competition. SOUTH CAROLINA BAR – Law Related Education (LRE) Division Cynthia H. Cothran, LRE Director - (803) 252-5139 or (877) 797-2227 x.153 or ccothran@scbar.org Nic Beza, LRE Coordinator - (803) 252-5139 or (877) 797-2227 x.176 or nbeza@scbar.org

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TAB INSERT: TABLE OF CONTENTS

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TABLE OF CONTENTS Rules of Competition: Overview of New Rules and Modifications for 2008 ........................................ 1 Administration..................................................................................................... 5 Rules .............................................................................................................. 5 Code of Conduct ............................................................................................ 5 Team Codes / Identity .................................................................................... 5 Emergencies .................................................................................................. 5 Problem ............................................................................................................... 6 The Problem................................................................................................... 6 Witness Bound by Statements ....................................................................... 6 Creation of Material Facts .............................................................................. 6 Gender of Witnesses...................................................................................... 6 Voir Dire ......................................................................................................... 7 Teams .................................................................................................................. 7 Eligibility ......................................................................................................... 7 Composition ................................................................................................... 7 Presentation ................................................................................................... 7 Duties ............................................................................................................. 8 Roster Form Description ................................................................................ 9 School Information Sheet ............................................................................... 9 Accommodations for Students with Disabilities .............................................. 9 Withdrawing from the Competition ............................................................... 10 Trial .................................................................................................................... 10 Courtroom Setting ........................................................................................ 10 Agreed to Facts (Stipulations) ...................................................................... 10 Reading into the Record Not Permitted........................................................ 10 Swearing of Witnesses................................................................................. 10 Trial Sequence and Time Limits................................................................... 10 Timekeeping................................................................................................. 12 Time Extensions and Scoring....................................................................... 12 Motions......................................................................................................... 12 Sequestration ............................................................................................... 13 Bench Conferences...................................................................................... 13 Supplemental Material / Costuming ............................................................. 13 Trial Communication .................................................................................... 14 Viewing a Trial.............................................................................................. 14 Electronics: Cell Phones, Video Cameras and Cameras ............................. 15 Jury Trial ...................................................................................................... 15 Standing during Trial .................................................................................... 15 Objections to Opening and Closing Statements........................................... 15

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Objections .................................................................................................... 16 Procedure for Introduction of Exhibits .......................................................... 17 Usage of Notes ............................................................................................ 18 Redirect / Recross........................................................................................ 18 Scope of Closing Arguments........................................................................ 18 Critique / Feedback ...................................................................................... 18 Scope of Parents / Visitors ........................................................................... 19 Judging and Team Advancement.................................................................... 19 Finality of Decisions ..................................................................................... 19 Composition of Judging Panels.................................................................... 19 Scoresheets / Ballots ................................................................................... 19 Completion of Scoresheets .......................................................................... 20 Team Advancement ..................................................................................... 20 Random Pairing and Power Matching .......................................................... 21 Selection of Sides for State Championship Round....................................... 21 Effect of Bye / Default .................................................................................. 22 Dispute Resolution ........................................................................................... 22 Reporting a Rules Violation / Inside the Bar................................................. 22 Dispute Resolution Procedure / Inside the Bar............................................. 23 Effect of Violation on Score .......................................................................... 23 Reporting of Rules Violation / Outside the Bar ............................................. 24 Modified Rules of Evidence: Overview of the Newly Added Modified Rules of Evidence................................. 27 Scope.................................................................................................................. 27 Purpose and Construction .................................................................................. 27 Remainder of Related Writings or Recorded Statements ................................... 27 Judicial Notice of Adjudicative Facts................................................................... 28 Presumptions in General in Civil Actions and Proceedings ................................ 28 Applicability of State Law in Civil Actions and Proceedings ................................ 28 Definition of Relevant Evidence .......................................................................... 28 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.................................................................. 28 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time ................................................... 29 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes ............................................................. 29 Methods of Proving Character ............................................................................ 30 Habit; Routine Practice ....................................................................................... 30 Inadmissibility of Pleas, Plea Discussions and Related Statements ................... 30 Privileges – General Rule ................................................................................... 30 General Rule of Witness Competency ................................................................ 31 Lack of Personal Knowledge .............................................................................. 31 Oath or Affirmation.............................................................................................. 31 Who May Impeach .............................................................................................. 31 5 v

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Evidence of Character and Conduct of Witness ................................................. 31 Impeachment by Evidence of Conviction of Crime.............................................. 32 Mode and Order of Interrogation and Presentation............................................. 32 Writing Used to Refresh Memory ........................................................................ 33 Prior Statements of Witnesses............................................................................ 33 Opinion Testimony by Lay Witness..................................................................... 33 Testimony by Experts ......................................................................................... 33 Basis of Opinion Testimony by Experts .............................................................. 33 Opinion on Ultimate Issue................................................................................... 34 Disclosure of Facts or Data Underlying Expert Opinion ...................................... 34 Definitions ...........................................................................................................34 Hearsay Rule ...................................................................................................... 35 Hearsay Exceptions, Availability of Declarant Immaterial ................................... 35 Hearsay Exceptions Video Link .......................................................................... 35 Hearsay Exceptions where Declarant Unavailable ............................................. 37 Hearsay within Hearsay ...................................................................................... 37 Attacking and Supporting Credibility of Declarant ............................................... 37 Assuming Facts Not in Evidence ........................................................................ 38 Argumentative Questions.................................................................................... 38 Ambiguous Questions......................................................................................... 38 Lack of Proper Foundation.................................................................................. 38 Procedures for Objections .................................................................................. 39 Resources: Forms Available On-Line .................................................................................... 41 Resources Available On-Line ............................................................................. 42 Additional Information for Teachers, Attorneys, Students and Parents...... 43 Talent Release Form Explanation....................................................................... 43 Talent Release Form .......................................................................................... 44 Mock Trial and Beyond ....................................................................................... 45 LRE Awards, Scholarships and Grants............................................................... 46 What Parents and Guests Should Know............................................................. 47 Competition Day: What to Expect at Regional Competitions .............................. 50 2008 Mock Trial Case: Introduction ......................................................................................................... 55 Pleadings........................................................................................................... 57 Stipulations................................................................................................... 57 Direct Indictments ........................................................................................ 58 Demand for Jury Trial................................................................................... 62 Pre-Trial Order ............................................................................................. 63 Statement of the Case ................................................................................. 63 Pre-Trial Issues to include Stipulations of the Parties .................................. 64 Pre-Trial Issues to Include Issue for Trial in This Stage of Proceedings ...... 64

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SC Cyber Stalking Statutes.......................................................................... 65 Preliminary Jury Instructions ........................................................................ 67 Appendix A: Verdict...................................................................................... 72 Witnesses and Affidavits ................................................................................. 73 Witness Listing ............................................................................................. 73 Affidavit, Jamie Anderson............................................................................. 74 Affidavit, Casey Wallner ............................................................................... 79 Affidavit, Ashton Hopp.................................................................................. 83 Affidavit, Kinsley Williams............................................................................. 88 Affidavit, Blain Albert .................................................................................... 93 Affidavit, Pat Clifford..................................................................................... 97 Exhibits............................................................................................................ 103 Exhibits Listing ........................................................................................... 103 Exhibit #1, Chat Room Web Page .............................................................. 104 Exhibit #2, On-Line Chat Room Usage Policy............................................ 105 Exhibit #3, Diagram of Bedford Hall Computer Lab.................................... 106 Exhibit #4, Photograph 1 – Computer Lab from Door ................................ 107 Exhibit #5, Photograph 2 – Computer Lab from Computer 2 to Door......... 108 Exhibit #6, Photograph 3 – Computer Lab from Computer 15 to Door....... 109 Exhibit #7, Bedford Hall Computer Lab Calendar....................................... 110 Exhibit #8, Excerpts from Message Board / Chat Room ............................ 111 Exhibit #9, E-Mail ....................................................................................... 115

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TAB INSERT: RULES OF COMPETITION

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Rules of Competition: Overview of New Rules and Modifications for 2008 ........................................ 1 Administration..................................................................................................... 5 Rules .............................................................................................................. 5 Code of Conduct ............................................................................................ 5 Team Codes / Identity .................................................................................... 5 Emergencies .................................................................................................. 5 Problem ............................................................................................................... 6 The Problem................................................................................................... 6 Witness Bound by Statements ....................................................................... 6 Creation of Material Facts .............................................................................. 6 Gender of Witnesses...................................................................................... 6 Voir Dire ......................................................................................................... 7 Teams .................................................................................................................. 7 Eligibility ......................................................................................................... 7 Composition ................................................................................................... 7 Presentation ................................................................................................... 7 Duties ............................................................................................................. 8 Roster Form Description ................................................................................ 9 School Information Sheet ............................................................................... 9 Accommodations for Students with Disabilities .............................................. 9 Withdrawing from the Competition ............................................................... 10 Trial .................................................................................................................... 10 Courtroom Setting ........................................................................................ 10 Agreed to Facts (Stipulations) ...................................................................... 10 Reading into the Record Not Permitted........................................................ 10 Swearing of Witnesses................................................................................. 10 Trial Sequence and Time Limits................................................................... 10 Timekeeping................................................................................................. 12 Time Extensions and Scoring....................................................................... 12 Motions......................................................................................................... 12 Sequestration ............................................................................................... 13 Bench Conferences...................................................................................... 13 Supplemental Material / Costuming ............................................................. 13 Trial Communication .................................................................................... 14 Viewing a Trial.............................................................................................. 14 Electronics: Cell Phones, Video Cameras and Cameras ............................. 15 Jury Trial ...................................................................................................... 15 Standing during Trial .................................................................................... 15 Objections to Opening and Closing Statements........................................... 15 Objections .................................................................................................... 16 Procedure for Introduction of Exhibits .......................................................... 17

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Usage of Notes ............................................................................................ 18 Redirect / Recross........................................................................................ 18 Scope of Closing Arguments........................................................................ 18 Critique / Feedback ...................................................................................... 18 Scope of Parents / Visitors ........................................................................... 19 Judging and Team Advancement.................................................................... 19 Finality of Decisions ..................................................................................... 19 Composition of Judging Panels.................................................................... 19 Scoresheets / Ballots ................................................................................... 19 Completion of Scoresheets .......................................................................... 20 Team Advancement ..................................................................................... 20 Random Pairing and Power Matching .......................................................... 21 Selection of Sides for State Championship Round....................................... 21 Effect of Bye / Default .................................................................................. 22 Dispute Resolution ........................................................................................... 22 Reporting a Rules Violation / Inside the Bar................................................. 22 Dispute Resolution Procedure / Inside the Bar............................................. 23 Effect of Violation on Score .......................................................................... 23 Reporting of Rules Violation / Outside the Bar ............................................. 24

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Overview of New Rules and

2008

Modifications for Middle School Mock Trial For the 2008 case, the following competition rules have been modified or clarified:

1.4 Emergencies In the event of inclement weather, contact the designated contact person for that competition.

3.3 Team Presentation When a team presents its Prosecution/Plaintiff side of the case, their bailiff will call the court to order and swear in all of the witnesses at once, unless otherwise directed by the judge. When opening court, the bailiff should announce the name of the case and the name of the presiding judge as soon as the “jury” is seated. The bailiff will say, “All rise. The Court of General Sessions Forty-Sixth Judicial Circuit is now in session. The Honorable _____________ is presiding.”

3.4 Team Duties A.

Opening statements must be given by both sides at the beginning of the trial with Plaintiff/Prosecution presenting their opening first.

3.5 Team Roster Form Description Copies of the Team Roster Form must be completed and duplicated by each team prior to arrival at the courtroom for each round of competition. Teams are identified by the code assigned seven (7) business days prior to the competition. No information identifying team origin should appear on the form. Before beginning a trial, the teams must exchange copies of the Team Roster Form with the opposing team (one copy), scoring judges (one for each scoring judge, three maximum), and the presiding judge (one copy). The form should identify the gender of each witness so that references to such parties will be made in the proper gender. A copy of each Team Roster Form will be turned into the mock trial coordinator on the day of the competition. The roster is not official until it is submitted on the day of the competition to include certificates for each participant. Students can drop from regional competitions to the state competition, but new students cannot be added.

3.6 School Information Sheet ** NEW ** The lead teachers sponsor must submit a school information sheet with team specific information prior to the regional competition. The deadline for this submittal is provided by the SC Bar. This school information sheet allows for a “current” listing of the team members, teachers and attorney coaches so that the SC Bar can prepare for the competition. This information is also provided to the SC Bar Communications Division to create press releases for each school. The school information sheet can be updated with new and/or deleted students up to the day of the competition. The school information sheet does not serve as

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the official team roster form. However, changes made after the school information sheet has been submitted need to be provided to the SC Bar to ensure students have name tags and certificates showing participation in the mock trial program.

3.8

Withdrawing from the Competition ** NEW ** Teams are notified in the Mock Trial Competition Registration Form of the date a team can withdraw without penalty. Should a team need to withdraw after the designated date, the team must complete the drop form provided on the SC Bar website. The teacher sponsor and the principal must sign and submit the completed form to the state mock trial coordinator. Withdrawal after the deadline can result in extreme hardship in coordinating the competition. A team that withdraws after the deadline is subject to a one year suspension from the competition; however, the team may petition the Mock Trial Sub-Committee to waive the suspension. Teams that advance to the next level of competition are notified by a letter from the SC Bar of any withdrawal deadlines. 4.6 Timekeeping Timekeepers can use only the official time cards provided by the SC Bar. The timecards are provided in the following increments: 20:00, 15:00, 10:00, 5:00, 4:00, 3:00, 2:00, 1:00, :40, :20, STOP. Timekeepers will silently indicate time ending by showing cards and not verbalize or use any hand gestures other than raising the SC Bar timecards. Timekeepers can request to be seated in a location where they can be viewed by the attorneys, but they must be seated with a sufficient distance from the scoring judges. Timekeepers are to remain seated during the trial.

4.12 Trial Communication Attorney coaches and teachers are discouraged from having contact with scoring and presiding judges on the day of the competition to prevent the appearance of impropriety.

4.17 Objections to Opening and Closing Statements A. Objections to Opening Statement No objections may be raised during or following opening statements. Opening statements are not evidence. If a team believes that opposing counsel raised an improper issue during the opening statement, it should be addressed during the presentation of the evidence or within the closing argument, but not as an objection. Teams may not make objections to opening statements.

4.19 Procedure for Introduction of Exhibits Deleted: Exhibits may be handed to the jury after they are admitted into evidence only with the permission of the presiding judge.

4.20 Usage of Notes Whether a student is note dependent is a subjective standard. However, some examples of how scoring judges may view the usage of notes include:

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Attorneys who read directly from notes during opening statements or closing arguments will likely be considered “note dependent” and receive a low score. Attorneys who use notes merely as a guide are not likely to be considered “note dependent.”

Remember, scoring judges are judging the overall performance of the students and not just note usage.

4.24 Scope of Parents / Visitors Parents and visitors shall remain seated during the trial. If it is necessary to enter or exit the courtroom during the trial, a parent or visitor should do so during a transition, such as in between witnesses or after an argument.

5.5 Team Advancement The number of teams advancing from each region to the state competition is not announced in advance, but on the day of the regional competition. The number of teams that advance from a regional competition to the state competition is based on the number of teams competing in each region compared to the overall number of teams competing statewide. Each regional competition’s percentage of teams advancing will be as closely matched as possible. Until certified by the SC Bar, the advancing teams are not finalized. The SC Bar reserves the right to correct any errors or omissions; therefore, any announcement of a team as advancing to the next level is subject to correction.

6.1 Reporting a Rules Violation/Inside the Bar If any team has substantial reason to believe that a significant violation of mock trial rules has occurred that (a) involved students competing in the competition and (b) occurred within the courtroom, a dispute must be filed with the presiding judge immediately following the conclusion of that trial round. After the trial has ended and the scoring panel has been excused, the students will be permitted to consult with their teacher/attorney coaches and teammates (including the bailiff and timekeeper) for a maximum of two minutes. If any team believes that a substantial rules violation has occurred, one of its student attorneys will then present its position by completing a dispute form and submitting it to the presiding judge. A student attorney from the opposing side will have an opportunity to respond. The responding attorney will have the opportunity to confer with the teacher/attorney coach for up to two minutes prior to responding. The moving party cannot confer further with the teacher/attorney coach. No further conferences with the teacher/attorney coach are allowed. The presiding judge may question the spokesperson. At no point after the initial consultation may team sponsors or coaches communicate or consult with the students. All of this takes place prior to the official scoring of the round.

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6.3 Effect of Violation on Score Scoring judges may impose a penalty within the indicated ranges for the following infractions: • Creation of Material Fact (see Rule 2.3) ...................................... 3-7 points • Bad Faith “Creation of Material Fact” Objection (see Rule 2.3) .. 3-7 points • Time Violations (see Rules 4.6, 4.7) o 1 to 5 seconds ......................................................................... 0 points o 6 to 30 seconds .................................................................. 0 - 2 points o 31 to 60 seconds ................................................................ 1 - 4 points o Over 60 seconds .............................................................. 4 - 10 points • Costuming (see Rule 4.11)......................................................... 2-10 points • Failure to Call all Witnesses (see Rule 3.3) ...........................Team Forfeits • Improper Communication (see Rules 4.12, 4.6)...................... 2 – 10 points • Unequal Distribution of Tasks Among the Team (See Rule 3.4) ................................................. 2–8 points

New to the website includes forms and additional resources, which can be downloaded at www.scbar.org/lre under the Middle School Mock Trial Section.

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RULES OF COMPETITION 1. ADMINISTRATION 1.1

Rules All trials will be governed by the Rules of the State Middle School Mock Trial Competition and the Rules of Evidence (Mock Trial Version). Students are not required to know the rule numbers that apply to each rule, but should be able to find the rule(s) in the materials. Questions or interpretations of these rules are within the discretion of the SC Bar, LRE Division, whose decision is final.

1.2 Code of Conduct The Rules of the Competition, as well as proper rules of courthouse and courtroom conduct and security, must be followed. The SC Bar possesses discretion to discipline, up to and including disqualification, for any misconduct, obvious rule violations or inappropriate conduct which affects the procedure of a trial or which hurts the reputation or integrity of any team, school, participant, court officer, judge or the mock trial program. A.

Everyone entering the courthouse will be required to enter through a metal detector. Please avoid bringing any items restricted by the facility, including knives, concealed weapons, cell phones with camera features, or any items that will slow the entry process.

B.

Please respect the arrival times, breaks and lunch times by never being late. Lateness for any reason is subject to penalty.

C.

If cell phones are on any person, they are to be turned off while in the courtrooms to avoid any distractions during the duration of the mock trial competition.

1.3 Team Codes / Identity The identities of the students on the teams, to the extent possible, are to be kept confidential from the scoring judges. To ensure this, there shall be no school names, logos, or colors on any items brought into the courtroom. Also, the teams should only identify themselves by their assigned team codes for the competition.

1.4 Emergencies During a trial, the presiding judge shall have discretion to declare an emergency and adjourn trial for a short period of time to address the emergency. In the event of an emergency that would cause a team to be unable to participate, or to participate with less than six members, the team must notify the SC Bar, LRE Division as soon as it is reasonably practical. If the SC Bar, or its designee(s), in its sole discretion, agrees that an emergency exists, the SC Bar, or its designee(s), shall declare an emergency and will decide whether the team

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will forfeit or may direct the team to take appropriate measures to continue any trial round with less than six members. A penalty may be assessed. A forfeiting team during the competition will receive a loss and points equal to the lowest scoring team for that round. The non-forfeiting team will receive a win and an average number of ballots and points received by the winning teams in that round. The SC Bar will make the final determination regarding emergency, forfeiture, reduction of points, or advancement. In the event of inclement weather, contact the designated contact person for that competition.

2. THE PROBLEM 2.1 The Problem The 2008 problem is a fictitious fact pattern adapted from Delaware. This fictitious fact pattern takes place in York, South Carolina to add some authenticity to the case materials. The problem may contain any or all of the following: statements of fact, indictment, stipulations, witness statements /affidavits, jury charges, exhibits, etc. Stipulations (stated facts of the case) may not be disputed at trial. Witness statements may not be altered. The 2008 problem consists of three witnesses for the Prosecution and three witnesses for the Defendant. All six witnesses must be called.

2.2 Witness Bound by Statements Each witness is bound by the facts contained in his/her own witness statement (affidavit), the agreed to facts of the case (stipulations) and any exhibits. Fair assumptions (extrapolations) may be allowed, provided the assumptions are reasonably based on the witness’ statement. If, in direct examination, any attorney asks a question that calls for information not clearly stated in the witness’ statement, the question is subject to objection under Rule 2.3, Creation of Material Facts. A witness is not bound by facts contained in statements of other witnesses.

2.3

Creation of Material Fact Teams may not use the physical characteristics of a student playing a role in the case (such as gender, race, height, etc.) as part of the evidence in the case. To do so constitutes the creation of a material fact and is a violation of these rules. Example: “I saw a short female and this witness is a tall male.”

2.4 Gender of Witnesses All witnesses are gender neutral. Personal pronoun changes in witness statements indicating gender of the characters may be made. Any student may portray the role of any witness of either gender.

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2.5 Voir Dire Voir dire of expert witnesses by opposing counsel is not allowed. (Voir dire means to challenge the qualifications of an expert witness by addressing questions to the witness. Opposing counsel is allowed to object to admission of a witness as an expert.)

3. TEAMS 3.1 Team Eligibility Students who comprise a team must be from the same school. Schools may enter a maximum of one team in the competition. At no time may any team for any reason substitute any other person for official team members. The “Team Roster” becomes official at the time of on-site registration. Home schooled students may compete in the Middle School Mock Trial Competitions in the district in which they reside. The school must submit a letter of eligibility for the home schooled student before he/she can be placed on the roster. Home school teams may also compete, provided all students on the roster would be assigned to the same school district and are not enrolled in a public or private school. According to the SC Code of Laws, SECTION 59-1-150, "Middle school" means any public school which contains grades no lower than the fifth and no higher than the eighth…” Teams competing in State Middle School Mock Trial must be comprised of students who participated on the team at the district level. The state coordinator may designate an alternate team to advance to the state competition should one of the regional championship teams be unable to participate.

3.2 Team Composition A team will ideally be composed of 16 members which must be divided as follows: 3 Prosecution/Plaintiff witnesses, 3 Defense witnesses, 4 Prosecution/Plaintiff attorneys, 4 Defense attorneys, a bailiff and a required timekeeper. For teams that do not have 16 members, witnesses and attorneys may play both Prosecution/Plaintiff and Defense roles, subject to Rule 3.4. Each team will be required to present both a Prosecution/Plaintiff case and a Defense case. Each Prosecution/Plaintiff and Defense panel will have three witnesses and must call all three witnesses. Teams may not use more than four attorneys per side.

3.3 Team Presentation Teams must present both the Prosecution/Plaintiff and Defense/Defendant sides of the case. For each trial round, teams will use a minimum of two and a maximum of four students as attorneys, and three students as witnesses. A timekeeper and a bailiff must be provided by each team, and one student may play both of these roles. Teams must use a minimum of six students (2 attorneys, 3 witnesses, 1 bailiff/timekeeper,) and a maximum of nine (4 attorneys, 3 witnesses, 1 bailiff, and 1 timekeeper) team members in a given trial round. No team will be required to perform a Prosecution/Plaintiff and a Defense/Defendant side at the same time.

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When a team presents its Prosecution/Plaintiff side of the case, their bailiff will call the court to order and swear in all of the witnesses at once, unless otherwise directed by the judge. When opening court, the bailiff should announce the name of the case and the name of the presiding judge as soon as the “jury” is seated. The bailiff will say, “All rise. The Court of General Sessions Forty-Sixth Judicial Circuit is now in session. The Honorable _____________ is presiding.” Each team must call all of its assigned witnesses. Witnesses may not be recalled. Teams that do not call all of their witnesses will automatically forfeit. (Refer to rule 1.3 for scoring procedures.)

3.4 Team Duties Team members are to evenly divide their duties. Three scenarios are presented to assist in equal division of attorney duties. Note that the opening and closing statements should not be done by the same attorney. A. Using Four Attorneys: two attorneys will conduct one direct and one crossexamination, one attorney will do opening and a cross or a direct and the remaining attorney will do the closing and one cross or direct. B. Using Three Attorneys: one attorney will conduct the opening statement and then a cross and a direct on the second or third witness, one attorney will conduct the direct and cross on the second or third witness, and the remaining attorney will conduct the direct and cross on the first witness and present the closing argument. C. Using Two Attorneys: the opening attorney will present the opening statement, perform cross on the second witness, and the direct and cross on the third witness. The closing attorney will perform the direct and cross on the first witness, the direct on the second witness and then present the closing argument. The attorney duties divided include: 1. Opening Statement 2. Direct Examination of Witness #1 3. Direct Examination of Witness #2 4. Direct Examination of Witness #3 5. Cross Examination of Witness #1 6. Cross Examination of Witness #2 7. Cross Examination of Witness #3 8. Closing Argument (including Rebuttal) (See Rule 4.5:A)

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A.

Opening statements must be given by both sides at the beginning of the trial with Prosecution/Plaintiff presenting their opening first.

B.

The attorney who conducts the direct examination of a witness is the only person who may object to the opposing attorney’s questions during that witness’s cross-examination. The attorney who conducts the crossexamination of a witness is the only one permitted to object during the direct examination of that witness.


C.

Each team must call their three designated witnesses. Witnesses must be called only by their team during their direct examinations and examined by both sides. Neither side may recall a witness.

D.

Closing arguments must be based on the actual evidence and testimony presented during the trial. (If evidence was not presented during the trial, it cannot be used in the closing arguments.) No person can do both the opening and closing statements.

3.5 Team Roster Form Description Copies of the Team Roster Form must be completed and duplicated by each team prior to arrival at the courtroom for each round of competition. Teams are identified by the code assigned seven (7) business days prior to the competition. No information identifying team origin should appear on the form. Before beginning a trial, the teams must exchange copies of the Team Roster Form with the opposing team (one copy), scoring judges (one for each scoring judge, three maximum), and the presiding judge (one copy). The form should identify the gender of each witness so that references to such parties will be made in the proper gender. A copy of each Team Roster Form will be turned into the mock trial coordinator on the day of the competition. The roster is not official until it is submitted on the day of the competition. Students can drop from regional competitions to the state competition to include certificates for each participant, but new students cannot be added.

3.6

School Information Sheet The lead teacher sponsor must submit a school information sheet with team specific information prior to the regional competition. The deadline for this submittal is provided by the SC Bar. This school information sheet allows for a “current� listing of the team members, teachers and attorney coaches so that the SC Bar can prepare for the competition. This information is also provided to the SC Bar Communications Division to create press releases for each school. The school information sheet can be updated with new and/or deleted students up to the day of the competition. The school information sheet does not serve as the official team roster form. However, changes made after the school information sheet has been submitted need to be provided to the SC Bar to ensure students have name tags and certificates showing participation in the mock trial program.

3.7 Accommodations for Students with Disabilities If special accommodations are needed for a student with a disability, the teacher coach must address the issue with the state mock trial coordinator when registering for the competition or as soon as possible thereafter. The state mock trial coordinator will work with the teacher coach, the student, and the regional mock trial coordinator to make reasonable accommodations for the student to the extent fairness to all participants, time constraints, and facilities allow. Documentation regarding a specific disability is required in order for special arrangements to be made. Confidentiality of information received will be

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maintained, except to the extent disclosure is necessary to make accommodation.

3.8

Withdrawing from the Competition Teams are notified in the Mock Trial Competition Registration Form of the date a team can withdraw without penalty. Should a team need to withdraw after the designated date, the team must complete the drop form provided on the SC Bar website. The teacher sponsor and the principal must sign and submit the completed form to the state mock trial coordinator. Withdrawal after the deadline can result in extreme hardship in coordinating the competition. A team that withdraws after the deadline is subject to a one year suspension from the competition; however, the team may petition the Mock Trial Sub-Committee to waive the suspension. Teams that advance to the next level of competition are notified by a letter from the SC Bar of any withdrawal deadlines.

4. THE TRIAL 4.1 Courtroom Setting The Prosecution/Plaintiff team shall be seated closest to the jury box. No team shall rearrange the courtroom without prior permission from the presiding judge.

4.2 Agreed to Facts (Stipulations) Agreed upon facts (stipulations) of the case shall be considered part of the record and already admitted into evidence.

4.3 Reading into the Record Not Permitted The Complaint, the Answer, the Indictment, and the Charge to the Jury are not read into the record.

4.4 Swearing of Witnesses The presiding judge will ask the Prosecution/Plaintiff’s bailiff to swear in all witnesses provided by the team, all at one time. The bailiff can say, “Do you promise the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?” Witnesses may stand or sit during the oath.

4.5 Trial Sequence and Time Limits No pre-trial matters These time limits should be used by all teams in preparing their cases for trial. Judges will be notified of these limits and may use their discretion as to the enforcement of the limits. The trial sequence and time limits are as follows:

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Opening Statements

5 minutes per side

Direct Examinations (redirects are optional)

15 minutes total per side

Cross Examinations (re-crosses are optional)

9 minutes total per side

Closing Arguments

5 minutes per side

*** See timesheet at www.scbar.org/lre*** A. The court will call the case, introduce the teams, review the rules, and swear in the witnesses and then will recognize the Prosecution/Plaintiff and Defense attorneys for opening statements. B.

Prosecution/Plaintiff delivers the opening argument first. If Prosecution/Plaintiff does not use all of his/her time in the closing argument, he/she may request the remainder of the time to be used for a rebuttal provided it is requested prior to the start or end of its closing. However, closing attorneys will not be allowed to rebut unless the request to reserve the time following the closing statement was made. The rebuttal is limited to what was discussed in the Defense’s closing argument.

C.

The time for direct and cross examinations may be divided among the witnesses as each team sees fit.

D.

Attorneys may ask the presiding judge permission to ask the timekeeper how much time is remaining.

E.

A timekeeper must be provided by each team. During the competition, each team’s timekeeper will keep time for both sides and timesheets will be compared by scoring judges. The prosecution’s timesheet will be the official time sheet in the event of a dispute.

F.

The Prosecution/Plaintiff gives the opening statement first. The Prosecution / Plaintiff gives the closing argument first.

G. Attorneys are not required to use the entire time allotted to each part of the trial. However, time remaining in one part of the trial may not be transferred to another part of the trial. H. The presiding judge will oversee the mode and order of the examination of the witnesses and the presentation of evidence. The oversight of all proceedings ensures that there are good presentations that bring out the essential facts of the problem, do not consume too much time, and protect witnesses from harassment or unnecessary embarrassment.

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4.6 Timekeeping Time limits are mandatory and will be enforced. Each team will have a timekeeper and timekeeping aids. The SC Bar will provide time cards, clip boards, timesheets and stop watches on competition day. The stop watch will stop for objections, extensive questioning from the judge, or administering the oath. This time will not be counted as part of the allotted time during examination of witnesses and opening and closing statements. Attorneys are permitted to ask the judge for permission to inquire as to how much time is remaining. Time does not stop for introduction of exhibits. The timekeeper will also be asked to assist the presiding judge in timing the following: (See timesheet at www.scbar.org/lre) • Recess – 5 minutes, • Consultation with team for rules violation(s) – 2 minutes, • Spokesperson preparation time – 2 minutes, • Spokesperson Argument – 2 minutes each, and • Presiding Judge Critique – 5 minutes total Timekeepers can use only the official time cards provided by the SC Bar. The timecards are provided in the following increments: 20:00, 15:00, 10:00, 5:00, 4:00, 3:00, 2:00, 1:00, :40, :20, STOP. Timekeepers will silently indicate time ending by showing cards and not verbalize or use any hand gestures other than raising the SC Bar timecards. Timekeepers can request to be seated in a location where they can be viewed by the attorneys, but they must be seated with a sufficient distance from the scoring judges. Timekeepers are to remain seated during the trial.

4.7 Time Extensions and Scoring The timekeeper will display time cards (not voice “STOP”) to notify speakers and the presiding judge as time elapses. If a speaker runs out of time, the speaker may request for the presiding judge’s permission to conclude his/her presentation, with the understanding that the scoring judges may penalize for using excessive time. If time has expired and an attorney continues without permission from the Court, the scoring judges may determine individually whether to assess a penalty because of overruns in time. The timekeeper must report any time violations to the presiding judge at the conclusion of the trial.

4.8 Motions (Requests of the Court) No motions may be made except in the event of an extreme emergency, i.e. health emergency or threat of danger, in which case a motion for a recess may be made. To the greatest extent possible, team members are to remain in place. Should a recess be called, teams are not to communicate with any parents, visitors, coaches, or instructors regarding the trial.

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If any substitutions must be made, a pre-trial motion must be presented. The ONLY exception to this rule is if a participating team member becomes medically unable to proceed with the trial. Teams may not make pretrial motions except as outlined above. It is improper to make requests of the court regarding swearing of witnesses, use of cell phones, and other housekeeping matters already provided for in the rules. Teams may request that they be allowed to rearrange the courtroom, place timekeepers where they can be seen, or for permission to move freely about the courtroom during the trial (although such a request is not required in order to do so). However, these requests may only be made if and when the presiding judge recognizes the team and opens the floor to such requests (such as, “Is there anything further before we begin?”). Teams shall not interrupt the presiding judge or otherwise attempt to instruct the judge on how to conduct the trial or control the courtroom. Teams should not address the court unless recognized by the judge. Motions for the case to be dismissed will not be permitted.

4.9 Sequestration Teams may not mention the rule of sequestration; having the jury hidden from the public.

4.10 Bench Conferences Teams will not be permitted to request bench conferences during a trial. (However, if a presiding judge requests a bench conference, the teams should respect the judge’s instructions.)

4.11 Supplemental Material / Costuming Teams may only refer to materials included in the trial packet. No illustrative aids of any kind may be used, unless provided in the case materials. No alteration to the exhibits is permitted including, but not limited to, highlighting, enlargements or lamination. Absolutely no props are permitted unless authorized specifically in the case materials. The only documents that the teams may present to the presiding judge or the panel of scoring judges are the exhibits as they are introduced into evidence, and the team roster forms. Exhibit notebooks are not to be provided to the presiding judge or panel of scoring judges. The SC Bar will provide two color copies of each exhibit: one (1) large (11x17) and one (1) small (8½x11) to be used during the trial for each courtroom. The bailiff will be the custodian of the exhibits and will be responsible for verifying that all of these exhibits are accounted for prior to the trial as well as collecting them at the end of the trial and returning the exhibits to the presiding judge. Only the exhibits provided by the SC Bar can be published to the jury. The use of blackboards, flip charts, books, physical items, etc. is NOT permitted.

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Costuming is allowed only to the extent that it portrays the gender of the witness. Attorneys should dress professionally as if they were appearing in court. Costuming is not allowed, e.g. police uniforms, wigs, hats, canes, etc. The costuming rule prohibits the use of make-up, prosthetics, or other effects to create scars for a witness. However, the student playing the witness is allowed to act as though s/he is afflicted with the deformities and disabilities described in the affidavits. Under no circumstances will the opposing team be permitted to question the existence of the scars based on the fact that the student playing the witness does not actually have scars. While the opposing team may crossexamine the witness on the extent of the disability based on information provided in the affidavits, the opposing team may not challenge the witness to prove the existence of the scars by asking him/her to show them to the jury.

4.12 Trial Communication All non-team members and non-participating team members must sit away from the team during the competition and may not speak with, signal, pass notes to, or otherwise communicate with anyone in the audience, including but not limited to attorneys, teacher coaches, parents, visitors, alternates and all team members not participating in the round of the competition. Signaling of time with the time card by the team’s timekeepers shall not be considered a violation of this rule. Attorneys are permitted to ask the judge for permission to inquire as to how much time is remaining. Only team members participating in a given round may sit in front of the bar and communicate with each other. The team members participating in a given round may only communicate with the bailiff, timekeeper, and teacher/attorney coaches during the time period immediately following the trial process to determine if there are any disputes to be raised. Bailiffs and timekeepers are not to communicate with the participating team members during the trial except for inquiries of time remaining as indicated in the rules. If any substitutions must be made, a pre-trial motion must be made. The ONLY exception to this rule is if a participating team member becomes medically unable to proceed with the trial. Attorney coaches and teachers are discouraged from having contact with scoring and presiding judges on the day of the competition to prevent the appearance of impropriety.

4.13 Viewing a Trial Team members, alternates, attorney coaches, teacher sponsors, parents, visitors, and any other persons directly associated with a specific mock trial team, except for those authorized by the SC Bar, LRE Division, are not allowed to view other teams in competition, so long as their team remains in the competition. Each team may watch its own team, e.g., Prosecution/Plaintiff may watch Defense. ANY TEAM WHO VIOLATES THIS RULE WILL BE ELIMINATED FROM THE COMPETITION. All such decisions will be within the discretion of the competition coordinator. All official team members, sponsors, attorney coaches, teachers, and guests will be required to wear lettered nametags

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provided at on-site registration to ensure that this rule is followed. Matching labeled name tags are required for visitors who want to watch their respective teams only.

4.14 Electronics: Cell Phones, Video Cameras and Cameras It is strongly encouraged that cell phones are not brought to the courthouse and/or place of the mock trial competition. Some courthouses prohibit the entrance of cell phones and they will be confiscated by security personnel. Teacher sponsors are asked to have their cell phones on vibrate in order to be reached by the competition coordinator. All others including attorney coaches, parents and visitors who bring their cell phones are asked to have them turned off. Video cameras may be used during the competition only with the consent of the presiding judge AND with the consent of the opposing team. Flash pictures may NOT be taken during the competition at any time. Media coverage will be allowed. Media or other representatives may use various media to document the mock trial rounds, as approved by the SC Bar, LRE Division Staff. Media or other representatives authorized by the SC Bar, LRE Division will wear identification badges. (See the talent release form for additional information on page 43 and 44.)

4.15 Jury Trial Each trial round will be presided over by a judge, who will either be an actual judge or a member in good standing of the South Carolina Bar. Teams may address the scoring judges as members of the jury. Each round will be scored by a three-member “jury” panel to serve as the “scoring judges,” which may consist of attorneys, law students, or experienced high school mock trial teachers. Presiding and scoring judges will be provided with copies of the mock trial manual prior to the competition.

4.16 Standing during Trial Unless excused by the presiding judge, attorneys should stand during all presentations and when spoken to by the presiding judge.

4.17 Objections to Opening and Closing Statements A. Objections to Opening Statement No objections may be raised during or following opening statements. Opening statements are not evidence. If a team believes that opposing counsel raised an improper issue during the opening statement, it should be addressed during the presentation of the evidence or within the closing argument, but not as an objection. Teams may not make objections to opening statements.

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B. Objections to Closing Argument No objections may be raised during closing argument. If a team believes an objection would have been proper during the opposing team’s closing argument, one of its attorneys may, following the closing argument, stand 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 attorney who delivered the closing argument that is the subject of such “objection” may then stand, after being recognized by the presiding judge, and deliver a brief rebuttal limited solely to the scope of the “objection.” The presiding judge will not rule on this exchange. The “objection” permitted by this rule should generally be used only to challenge a closing argument (or portion thereof) that is not based on evidence properly admitted at trial. An attorney attempting to rebut such an “objection” should be prepared to describe the specific evidence (or inference there from) on which the challenged argument is based. Teams should not use this rule merely to challenge the strength or logical force of their opponent’s arguments. Scoring judges should consider such use of this rule improper, and they may, in their sole discretion, adjust their scores accordingly. Example No. 1: Plaintiff’s counsel in a medical malpractice trial argues at closing that Plaintiff should prevail because the opinion of Plaintiff’s expert, Dr. Feelgood, conclusively showed that the doctor who had operated on Plaintiff was negligent. At the conclusion of counsel’s closing, defense counsel invokes this rule and objects to the portion of Plaintiff’s closing that referred to Dr. Feelgood’s expert opinion. Defense counsel observes that, since Dr. Feelgood was never admitted as an expert by the Court, Plaintiff’s counsel’s discussion of the doctor’s “expert opinion” is based on facts not in evidence. This argument is appropriate under this rule. Example No. 2: Assume that, in the same trial, the judge had admitted Dr. Feelgood as an expert. At the close of Plaintiff’s closing, defense counsel invokes this rule and objects again. This time, defense counsel argues that Plaintiff’s discussion of Dr. Feelgood’s expert opinion should be stricken because the doctor is a quack who always testifies for plaintiffs. This argument is inappropriate under the rule. Rather than challenge an argument based on facts not in evidence, it simply takes issue with the inferences to be drawn from properly admitted evidence. That sort of challenge should be made in the closing argument itself, not in a postargument objection.

4.18 Objections Except during the opening statement or closing argument as described above, an attorney can object any time the opposing attorney has violated the rules of evidence. The attorney who wants to object should stand up and do so at the time of the violation, e.g. “Objection. The testimony/counsel is….” When an objection is made, the presiding judge will ask the reason for the objection. Then the presiding judge will turn to the attorney who asked the question(s) and that

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attorney will usually have a chance to explain why the objection should not be accepted (“sustained”) by the presiding judge. The presiding judge will then decide whether a question or answer must be discarded because it has violated a rule of evidence (“Objection Sustained”) or whether to allow the question or answer to remain on the trial record (“Objection Overruled”). Students are not scored based on the rulings of the presiding judge. Students are scored on how they regroup based on the presiding judge’s ruling. Reasons for Objections: 1. Argumentative Questions...................................................Evidence Rule 902 2. Lack of Proper Foundation.................................................Evidence Rule 904 3. Assuming Facts Not in Evidence .......................................Evidence Rule 901 4. Questions Calling for Narrative or General Answer 5. Non-Responsive Answer 6. Repetition 7. Irrelevant Evidence ...........................................................Evidence Rule 401 8. Leading ..............................................................................Evidence Rule 611 9. Improper Character Testimony ...................................Evidence Rule 404-405 10. Hearsay.......................................................................Evidence Rule 801-802 11. Opinion...............................................................................Evidence Rule 701 12. Lack of Personal Knowledge .............................................Evidence Rule 602 13. Creation of Material Facts Only the attorney "responsible" for the particular witness may object. For instance, the attorney who directly examines a witness objects when that witness is being crossed, and the attorney who crosses a witness objects when that witness is being directly examined.

4.19 Procedure for Introduction of Exhibits Case materials include a predetermined number of proposed exhibits and either team can use any of the exhibits. Each side will be scored on its attempt to introduce evidence and the other side based on its objections. It is up to the teams to determine which witnesses (either on the team’s own direct examination or during cross examination of the other team’s witnesses) are the best and/or proper witnesses to initiate the exhibits. Exhibits may not be duplicated, enlarged or otherwise altered. The SC Bar will provide each courtroom a set of exhibits to be used.

As an example, the following steps effectively introduce evidence: A. B. C. D. E.

All evidence will be pre-marked as exhibits. Ask for permission to approach the witness. “Your Honor, may I approach the witness with what has been marked as Exhibit No. ?” Before approaching the witness, show the exhibit to the opposing counsel. Ask the witness to identify the exhibit. “Would you identify it please?” Witness should answer to identify only. Ask the witness a series of questions that are offered for proof of the admissibility of the exhibit. These questions lay the foundation or predicate for admissibility, including questions of the relevance and materiality of the exhibit.

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F.

Offer the exhibit into evidence. “Your Honor, we offer Exhibit No. into evidence. G. Court: “Is there an objection?” (If opposing counsel believes a proper foundation has not been laid, the attorney should be prepared to object at this time.) H. Opposing Counsel: “No, your Honor, or “Yes, your Honor.” If the response is “yes” the objection will be stated on the record. Court: “Is there any response to the objection?” I. Court: “Exhibit No. is/is not admitted.” If admitted, questions on content may be asked.

4.20 Usage of Notes During the trial, witnesses may NOT use notes or read from any documents unless questioned or cross-examined about a witness statement or an exhibit. Attorneys may use notes in their presentations, although attorneys are encouraged to rely as little as possible on notes. (See scoring matrix on website at www.scbar.org/lre) Attorneys may consult with each other at counsel table orally or through the use of notes. Whether a student is note dependent is a subjective standard. However, some examples of how scoring judges may view the usage of notes include: • Attorneys who read directly from notes during opening statements or closing arguments will likely be considered “note dependent” and receive a low score. • Attorneys who use notes merely as a guide are not likely to be considered “note dependent.” Remember, scoring judges are judging the overall performance of the students and not just note usage.

4.21 Redirect / Recross Witness examination will consist of direct and cross. Re-directs and re-crosses are optional. Note, however, that these are not opportunities to bring up new issues. Redirects and re-crosses are to address and clarify prior testimony during direct and cross examination.

4.22 Scope of Closing Arguments Closing arguments must be based on the actual evidence and testimony presented during the trial.

4.23 The Critique / Feedback The presiding judge is allowed five minutes (at the most) for debriefing. The timekeeper will monitor the critique following the trial.

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Judges will not decide guilt or innocence. Scoring judges may not inform the students of scoresheet results.

4.24 Scope of Parents / Visitors Parents and visitors are welcome to attend the competitions. They will be provided visitor badges to watch their respective teams. Parents and visitors are not allowed to move around in the courtroom during a trial or participate in the trial in any way to include asking about time, raising disputes, or arguing a dispute on behalf of the student(s). Parents and visitors shall remain seated during the trial. If it is necessary to enter or exit the courtroom during the trial, a parent or visitor should do so during a transition, such as in between witnesses or after an argument.

5. JUDGING AND TEAM ADVANCEMENT 5.1

Finality of Decisions There will be no appeal beyond the presiding and scoring judges’ decisions no matter the basis of the complaint. Their decisions are FINAL.

5.2. Composition of Judging Panels The judging panel will consist of at least three individuals. The composition of the judging panel and the role of the presiding judge will be at the discretion of the state mock trial coordinator, with the same format used throughout the competition, as follows: 1. 2.

One presiding judge and two scoring judges (all three of whom complete scoresheets); or One presiding judge and three scoring judges (scoring judges only complete scoresheets)

The scoring judges may be persons with substantial mock trial coaching or scoring experience or as attorneys. Each scoring panel shall include at least one attorney. The presiding judge shall be an attorney or a judge. The Championship round may have a larger judging panel at the discretion of the state mock trial coordinator. All presiding and scoring judges receive the mock trial manual, a memorandum outlining the case and orientation materials. A training session for presiding and scoring judges is offered prior to the competition.

5.3 Scoresheets / Ballots 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 "scoresheet" is used in reference to the form on which speaker and team points are recorded. Scoresheets are completed individually by the scoring judges. Scoring judges should not necessarily reflect the rulings of the presiding judge during trial on

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their score assignments, as sometimes rulings are made just to test the resilience or competence of a team. The team that earns the highest points on an individual judge's scoresheet 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., Most Effective Attorney/Witness), the judging panel should not deliberate on individual scores, beyond what is necessary to ensure that judges’ scores are in similar ranges. Students are not scored based on the rulings of the presiding judge. Students are scored on how they regroup based on the presiding judge’s ruling. Scores will NOT be announced at the end of each round. However, tabulated scoresheets will be mailed to the teacher after the competition.

5.4 Completion of Scoresheets Each scoring judge record a number of points (1-10) for each presentation of the trial. A scoring matrix to assist in scoring is found on each scoresheet provided to the scoring judges. At the end of the trial, each scoring judge shall total the sum of each team’s individual points, place this sum in the column totals box, and circle the team (“P” for prosecution/Plaintiff or “D” for Defense) indicating their overall vote for the best team of the round. This vote should coincide with the team that scored the highest number of points. NO TIE IS ALLOWED IN THE COLUMN TOTAL BOXES. The scoring judges circle the letter “P” or “D” indicating if the winner should be Prosecution/Plaintiff or Defense in case of a mathematical error and also serve as a tie breaker. In the event of a mathematical error in tabulation by the scoring judges which, when corrected, results in a tie in the Column Total Boxes, the circled letter shall determine award of the ballot. A penalty box is used at the discretion of the scoring judges for any issues that the presiding judge has pointed out during the trial procedure. A PENALTY DEDUCTION should be used to deduct points from a team’s score if any member(s) of a team fails to adhere to appropriate courtroom decorum (i.e. abuse of procedural rules, inappropriate use of objections, improper participation by coach or gallery, creation of material facts, deliberate failure to respond to legitimate questions, time violations, or other rules infractions as observed or reported and verified). Each scoring judge determines individually the weight of the penalty and indicates the penalty in the designated penalty box.

5.5 Team Advancement The number of teams advancing from each region to the state competition is not announced in advance, but on the day of the regional competition. The number of teams that advance from a regional competition to the state competition is based on the number of teams competing in each region compared to the overall number of teams competing statewide. Each regional competition’s percentage of teams advancing will be as closely matched as possible.

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Until certified by the SC Bar, the advancing teams are not finalized. The SC Bar reserves the right to correct any errors or omissions; therefore, any announcement of a team as advancing to the next level is subject to correction. Teams will be ranked based on the following criteria in the order listed: 1. Win/Loss record based on the number of rounds won or lost by a team; 2. Total number of ballots based on the number of scoring judges’ votes a team earned in preceding rounds; and 3. Total number of points accumulated in each round.

5.6 Random Pairing and Power Matching Regional Competitions: Teams will be notified seven (7) business days prior to arriving to the competition their team identity code and the order of sides performed. Teams will be randomly paired for the two rounds performed. Teams with the highest number of wins, ballots and scores will advance to the state competition. (Pairings and sides are subject to change should a team withdraw during the seven(7) day window.) State Competition: Teams will be notified seven (7) business days prior to arriving to the competition their team identity code and the order of sides performed for the first two rounds. Teams will be randomly paired in the first two rounds. All scores from the first two rounds will be power matched to determine pairings for the third round. The two teams with the highest number of wins, ballots and scores will compete in the championship round.

Power matching will provide that: 1. 2. 3.

4. 5. 6.

Pairings for the first two rounds will be at random; All teams are guaranteed to present each side of the case at least once; Brackets will be determined by win/loss record. Sorting within brackets will be determined in the following order: (1) win/loss record; (2) total 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; 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; Ideally, teams will not meet the same opponent twice; and To the greatest extent possible, teams will alternate side presentation in subsequent rounds. Bracket integrity in power matching will supersede alternate side presentation.

5.7 Selection of Sides for State Championship Round In determining which team will represent which side in the State Championship Round, the following procedure shall be used: 1. The team with the letter code that comes first alphabetically will be considered the “Designated Team.� 2. A designee of the SC Bar will toss the coin. 3. If the coin comes up heads, the Designated Team shall represent the Prosecution/Plaintiff in the State Championship Round. If the coin comes up tails, the Designated Team shall represent the Defendant.

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4.

If by chance, the final two competing teams competed against one another in any of the prior rounds at the state competition, the coin toss is null and void and the two teams will present the opposite side of the case that they presented in their previous meeting.

5.8 Effect of Bye / Default A "bye" becomes necessary when an odd number of teams are present for the tournament. The state coordinator may arrange for a "bye round" to allow teams drawing a bye to compete against one another in order to earn a true score.

6. DISPUTE RESOLUTION 6.1 Reporting a Rules Violation/Inside the Bar If any team has substantial reason to believe that a significant violation of mock trial rules has occurred that (a) involved students competing in the competition and (b) occurred within the courtroom, a dispute must be filed with the presiding judge immediately following the conclusion of that trial round. After the trial has ended and the scoring panel has been excused, the students will be permitted to consult with their teacher/attorney coaches and teammates (including the bailiff and timekeeper) for a maximum of two minutes. If any team believes that a substantial rules violation has occurred, one of its student attorneys will then present its position by completing a dispute form and submitting it to the presiding judge. A student attorney from the opposing side will have an opportunity to respond. The responding attorney will have the opportunity to confer with the teacher/attorney coach for up to two minutes prior to responding. The moving party cannot confer further with the teacher/attorney coach. No further conferences with the teacher/attorney coach are allowed. The presiding judge may question the spokesperson. At no point after the initial consultation may team sponsors or coaches communicate or consult with the students. All of this takes place prior to the official scoring of the round. Attorney coaches, teacher coaches, parents and visitors are not allowed to address the court regarding a dispute settlement. A dispute on a rules violation has to be done immediately after each individual trial. Disputes are not handled after the competition or the next business day. The “bar” in a courtroom is traditionally a railing or low wall that separates the observers from the presiding judge, jury, attorneys, parties, and testifying witnesses. For Mock Trial purposes, a violation “inside the bar” means a rule violation that is committed by a team or team member in the presentation and conduct of the trial during the competition round. Disputes which occur within the bar must be filed immediately following the conclusion of that trial round. Disputes must be brought to the attention of the presiding judge at the conclusion of the trial. If any team believes that a substantial rules violation has occurred, one of its student attorneys must indicate that the team intends to file a dispute. The scoring panel will be excused from the courtroom, and the presiding judge will

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provide the student attorney with a dispute form, on which the student will record in writing the nature of the dispute. The student may communicate with counsel and/or student witnesses before lodging the notice of dispute or in preparing the form. At no time in this process may team sponsors or coaches communicate or consult with the student attorneys. Only student attorneys may invoke the dispute procedure.

6.2 Dispute Resolution Procedure / Inside the Bar The presiding judge will review the written dispute and determine whether the dispute should be heard or denied. A. If the dispute is denied, the presiding judge will record the reasons for this, announce his/her decision to the Court, and turn the dispute form in with the scoresheets. B. If the presiding judge feels the grounds for the dispute deserve a hearing, the dispute form will be shown to opposing counsel for their written response. After the team has written its response and given to the presiding judge, the judge will ask each team to choose a spokesperson from their team. After the spokespersons have had time (not to exceed two 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 presiding judge may question the spokespersons. At no time in this process may team sponsors, coaches, parents or visitors communicate or consult with the student attorneys. After the hearing, the presiding judge will adjourn the court and retire to consider his/her ruling on the dispute. That decision will be recorded in writing on the dispute form, with no further announcement.

6.3 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 reaching their final decisions. The dispute may or may not affect the final decision, but the matter will be left to the discretion of the scoring judges and indicated in the penalty box on the scoresheets. Scoring judges may impose a penalty within the indicated ranges for the following infractions: • Creation of Material Fact (see Rule 2.3) ...................................... 3-7 points • Bad Faith “Creation of Material Fact” Objection (see Rule 2.3) .. 3-7 points • Time Violations (see Rules 4.6, 4.7) o 1 to 5 seconds ......................................................................... 0 points o 6 to 30 seconds .................................................................. 0 - 2 points o 31 to 60 seconds ................................................................ 1 - 4 points o Over 60 seconds .............................................................. 4 - 10 points • Costuming (see Rule 4.11)......................................................... 2-10 points • Failure to Call all Witnesses (see Rule 3.3) ...........................Team Forfeits • Improper Communication (see Rules 4.12, 4.6)...................... 2 – 10 points • Unequal Distribution of Tasks Among the Team (See Rule 3.4) ................................................. 2–8 points

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6.4 Reporting of Rules Violation/Outside the Bar Disputes that occur outside the bar only during a trial round may be brought by teacher or attorney coaches exclusively. Such disputes must be made promptly to a mock trial coordinator or a member of the LRE Staff, who will ask the complaining party to complete a dispute form. The form will be taken to a dispute resolution panel that will (a) notify all necessary parties; (b) allow time for a response, if appropriate; (c) conduct a hearing; and (d) rule on the charge. The dispute resolution panel may notify the scoring judges in the courtroom involved regarding the ruling made on the charge, so that the scoring judges may assess an appropriate penalty, if necessary. The dispute resolution panel will be composed of LRE Staff and other competition officials. A violation “outside the bar� means a rule violation that is committed by a team, team member, teacher, coach, observer, or other person attending the competition that is not in the presentation and conduct of the trial itself.

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TAB INSERT: MODIFIED RULES OF EVIDENCE

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Modified Rules of Evidence: Overview of the Newly Added Modified Rules of Evidence................................. 27 Scope.................................................................................................................. 27 Purpose and Construction .................................................................................. 27 Remainder of Related Writings or Recorded Statements ................................... 27 Judicial Notice of Adjudicative Facts................................................................... 28 Presumptions in General in Civil Actions and Proceedings ................................ 28 Applicability of State Law in Civil Actions and Proceedings ................................ 28 Definition of Relevant Evidence .......................................................................... 28 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.................................................................. 28 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time ................................................... 29 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes ............................................................. 29 Methods of Proving Character ............................................................................ 30 Habit; Routine Practice ....................................................................................... 30 Inadmissibility of Pleas, Plea Discussions and Related Statements ................... 30 Privileges – General Rule ................................................................................... 30 General Rule of Witness Competency ................................................................ 31 Lack of Personal Knowledge .............................................................................. 31 Oath or Affirmation.............................................................................................. 31 Who May Impeach .............................................................................................. 31 Evidence of Character and Conduct of Witness ................................................. 31 Impeachment by Evidence of Conviction of Crime.............................................. 32 Mode and Order of Interrogation and Presentation............................................. 32 Writing Used to Refresh Memory ........................................................................ 33 Prior Statements of Witnesses............................................................................ 33 Opinion Testimony by Lay Witness..................................................................... 33 Testimony by Experts ......................................................................................... 33 Basis of Opinion Testimony by Experts .............................................................. 33 Opinion on Ultimate Issue................................................................................... 34 Disclosure of Facts or Data Underlying Expert Opinion ...................................... 34 Definitions ...........................................................................................................34 Hearsay Rule ...................................................................................................... 35 Hearsay Exceptions, Availability of Declarant Immaterial ................................... 35 Hearsay Exceptions Video Link .......................................................................... 35 Hearsay Exceptions where Declarant Unavailable ............................................. 37 Hearsay within Hearsay ...................................................................................... 37 Attacking and Supporting Credibility of Declarant ............................................... 37 Assuming Facts Not in Evidence ........................................................................ 38 Argumentative Questions.................................................................................... 38 Ambiguous Questions......................................................................................... 38 Lack of Proper Foundation.................................................................................. 38 Procedures for Objections .................................................................................. 39

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Overview of the Newly Added Modified Rules of Evidence For the 2008 case, the following modified rules of evidence have been added back into the rules: 201

Judicial Notice of Adjudicative Facts

301

Presumptions in general in Civil Actions and Proceedings

302

Applicability of State Law in Civil Actions and Proceedings

404

Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes (added the exceptions under (a))

410

Inadmissibility of Pleas, Plea Discussions, and Related Statements

608

Evidence of Character and Conduct of Witness (continuation of (a))

609

Impeachment by Evidence of Conviction of Crime

806

Attacking and Supporting Credibility of Declarant

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MODIFIED RULES OF EVIDENCE 1 In American trials, parties generally prove their case by two types of evidence. The first is oral testimony from witnesses and the second is exhibits (documents, photographs, etc.) that are admitted in the course of the trial. Elaborate rules are used to regulate the admission of proof in order to ensure that both parties receive a fair hearing and to exclude any evidence that is deemed irrelevant, incompetent, untrustworthy, or unduly prejudicial. If it appears that a rule of evidence is being violated, an attorney may raise an objection to the judge. The judge then decides whether a rule of evidence has been violated and whether the evidence must be excluded from the trial record. The mock trial rules are a modified version of the Federal Rules of Evidence. If there is any conflict between the Mock Trial Rules of Evidence and the Federal or South Carolina Rules of Evidence, the Mock Trial Rules of Evidence will control. Formal rules of evidence are quite complicated and differ depending on the court where the trial occurs. For the purposes of this mock trial competition, the rules of evidence have been modified and simplified. Not all presiding judges will interpret the rules of evidence (or procedure) the same way and students must be prepared to point out the specific rule (not necessarily quoting the rule number) and to argue persuasively for the interpretation and application of the rule the student thinks proper. No matter which way the presiding judge rules, accept his/her ruling with grace and courtesy. Selected rules of evidence for use of the Middle School Mock Trial Competition are included below and these rules are used for the use of this competition and overrule any prior rules of evidence. 101

Scope These rules govern proceedings in the South Carolina Mock Trial Competition.

102

Purpose and Construction These rules exist for the purposes of creating fairness and elimination of wasted time. In addition, these rules promote the understanding of the law of evidence and the proceedings of the trial in an attempt to learn the truth in a fair trial.

106

Remainder of Related Writings or Recorded Statements When a party introduces writing or a recorded statement, the opposing party may require the introduction of additional writings or recorded statements that should be considered at the same time to ensure fairness.

1

The applicable rules of evidence have been streamlined for the Middle School Mock Trial Competition.

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201

Judicial Notice of Adjudicative Facts (a) Scope of Rule: This rule governs only judicial notice of adjudicative facts. (b) Kind of Facts: A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonable be questioned. (c) When Discretionary: A court may take judicial notice, whether requested or not. (d) When Mandatory: A court shall take judicial notice if requested by a party and supplied with the necessary information. (e) Opportunity to be Heard: A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. (f) Time of Taking Notice: Judicial notice may be taken at any stage of the proceeding. (g) Instructing Jury: In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

301

Presumptions in General in Civil Actions and Proceedings In all civil actions and proceedings, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.

302

Applicability of State Law in Civil Actions and Proceedings In civil actions and proceedings, the effect of a presumption respecting a fact that is an element of a claim or defense as to which State law supplied the rule of decision is determined in accordance with State law.

401

Definition of Relevant Evidence Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the case more probable or less probable than it would be without the evidence.

402

Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible All relevant evidence is generally admissible. Evidence that is not relevant is not admissible.


403

Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time However, relevant evidence may be excluded if the danger of unfair prejudice substantially outweighs its probative value, misleading the jury or by considerations of undue delay, waste of time, or is a needless presentation of cumulative evidence. If such an objection is made to relevant evidence, the trial judge will base his or her decision upon a balancing of the value of the offered evidence against the danger of unfair prejudice.

404

Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes (a)

(b)

Character evidence generally: Mention of a person’s typical behavior is not admissible when trying to prove that the person behaved in a way that matches the behavior discussed in the current case. For example, just because a student generally cuts up in class, does not mean they were the one creating a disturbance in class on the day in question. There are three exceptions to this rule to include: (1)

Character of accused: If the witness is the defendant, then they can offer character evidence about themselves. Once the character evidence is provided by the defendant, the prosecution can attack these statements with character evidence that they normally could not have brought in themselves.

(2)

Character of victim: The accused can point out important and related character traits of the victim to defend himself/herself. The Prosecution can then argue that the victim exhibited traits of peacefulness and not aggressiveness.

(3)

Character of witness: Evidence of the character of a witness as provided in Rules 607, 608, and 609. (Rule 609 not included in this year’s case.)

Other crimes, wrongs, or acts: Mention of a person’s prior crimes, wrongs, or acts is not admissible when trying to prove that the person acted in a way that matches the actions discussed in the current case. For example, if a student had a record for stealing, it does not mean they stole the item in question. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

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405

Methods of Proving Character (a) Reputation or opinion: When character evidence is allowed, proof of a person’s behavior/reputation can be provided in the form of an opinion through testimony. The other side during the cross examination can only ask questions about the specific instances of behavior. (b)

Specific instances of conduct: If a person’s character is used as part of the claim, then references can be made to the person’s character with specific examples.

406

Habit; Routine Practice Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

410

Inadmissibility of Pleas, Plea Discussions, and Related Statements Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the Defendant who made the plea or was a participant in the plea discussions: 1. A plea of guilty which was later withdrawn; 2. A plea of nolo contendere; 3. Any statement made in the course of any proceedings under Rule 11 of the Federal Rules of Criminal Procedure or comparable state procedure regarding either of the foregoing pleas; or 4. Any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn. However, such a statement is admissible in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it, or in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel.

501

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Privileges-General Rule The following can not be used as evidence: (a) Communications between attorney and client. (b) Communications among grand jurors. (c) Secrets of State, and (d) Communications between psychiatrist and patient.


601

General Rule of Witness Competency Every person is competent to be a witness except as otherwise provided in these rules.

602

Lack of Personal Knowledge A witness may not testify to a matter unless the materials supply evidence sufficient to support a finding that the witness has personal knowledge of the subject matter of the testimony. Evidence to prove personal knowledge may, but need not, consist of the witness’s own testimony. An exception to this rule is allowable according to Rule 703, related to opinion testimony by expert witness.

603

Oath or Affirmation Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation (verification), by the oath provided in these materials. The bailiff will swear in all witnesses at one time before opening statements as follows: “Do you promise the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?”

607

Who May Impeach Any party including, under certain circumstances, the party calling the witness, may attack the credibility of a witness. Impeachment is an attempt by an attorney to show the jury that the witness should not be believed. Showing evidence of the witness’s character and conduct, prior convictions, and prior inconsistent statements may impeach the witness’s credibility.

608

Evidence of Character and Conduct of Witness (a) Opinion and reputation evidence of character: The credibility of a witness may be attacked or supported following an attack by evidence of opinion or reputation, but subject to two limitations: (1) The evidence may refer only to the witness’s character for truthfulness or untruthfulness, and (2) The evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion, reputation, evidence or otherwise. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness’s privilege against self-incrimination when examined with respect to matters which related only to credibility.

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609

Impeachment by Evidence of Conviction of Crime (a) General Rule-For the purpose of attacking the credibility of a witness: (1) Evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record during cross examination, but only if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such of a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and Probative Value:

evidence which is sufficiently useful / important to prove something in a trial

(2) Involved dishonesty or false statement, regardless of punishment. (b)

611

Time Limit: Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed therefore, whichever is the later date; unless the court determines, in the interest of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs the prejudicial effect.

Mode and Order of Interrogation and Presentation (a) Direct Examination: The party calling the witness will conduct the direct examination using direct questions. Direct questions should be phrased to remind facts from the witness. The witness can only be asked direct questions and not leading questions. A leading question is one that suggests to the witness the answer desired by the examiner and often suggests a "yes" or "no" answer. Examples of the difference between the two types of questions follow: a. Direct Question: What color was the car that you saw? b. Leading Question: The car that you saw leaving the scene of the accident was red, wasn’t it? (b) Cross Examination: Cross examination is the questioning of a witness by an attorney from the opposing side of the case. Cross examination is not limited to direct questioning.

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(1)

Form of Questions: An attorney may ask leading questions when cross-examining the opponent's witnesses.

(2)

Scope of Witness Examination: In the mock trial competition, attorneys are allowed unlimited range on crossexamination of witnesses as long as questions are relevant to the case. Witnesses must be called by their own team and may not be recalled by either side. All desired questioning of a particular witness must be done by both sides in a single appearance on the witness stand.

612

Writing Used to Refresh Memory If the witness’ memory needs to be refreshed, the attorney conducting the examination may ask permission from the court to have the witness read from a document. The document must first be approved by opposing counsel prior to having the witness read from the document.

613

Prior Statements of Witnesses The credibility of a witness may be attacked when he or she testifies in court contrary to statements made outside of court. If a witness testifies to a fact that is not in his or her witness statement or that is contrary to the witness statement, the opposing attorney can ask the witness to read the statement from his or her affidavit and then later argue in closing arguments to the jury that the testimony cannot be believed.

701

Opinion Testimony by Lay Witness A witness who is not an expert witness generally cannot give opinions or inferences regarding the facts of issue unless such opinion or inference is solely based upon the witnesses’ rational perception of the facts. Thus, a lay witness can speak only on what he/she actually witnessed.

702

Testimony by Experts If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education, may testify thereto in the form of an opinion or otherwise, unless the court, in its discretion, feels that the evidence may confuse the issues or is a waste of time.

703

Basis of Opinion Testimony by Experts Ask the witness about his or her qualifications. Then ask the presiding judge that the expert witness be qualified as an expert in the field of _______ . The presiding judge will then ask opposing counsel if there are any objections. Either there will be no objections or there will be argument as to why the witness is not qualified as an expert. The judge will rule if the witness is qualified as an expert. Prior to this ruling, the

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witness cannot provide any opinions and the attorneys should object to any attempts for the unqualified expert to render opinion testimony. Once the witness is qualified as an expert, the witness can only provide opinion that is within the witness’s field of expertise. 704

Opinion on Ultimate Issue (a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the scoring jury. (b)

705

Disclosure of Facts or Data Underlying Expert Opinion The expert may testify in terms of opinion or inference and give reasons therefore without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts of data on cross-examination.

801

Definitions The following definitions apply to the hearsay rules: (a)

(b) (c)

(d)

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No expert witness testifying in regards to the mental state or condition of a defendant in a criminal case may give an opinion regarding the defendant’s mental state or condition making up an element of the crime charged or of a defense. Such issues are matters for the scoring jury to determine.

Statement. A "statement" is (1) an oral or written communication or (2) nonverbal conduct of a person, if it is intended by the person as communication. Declarant. A "declarant” is any person who makes a statement. Hearsay. "Hearsay" is a statement other than one made by the witness testifying at the trial, offered in evidence to prove that the matter asserted in the statement is true. Statements that are not hearsay. A statement is not hearsay if: (1) Prior Statement by Witness. The declarant/witness testifies at the trial and is subject to cross-examination concerning the statement and the statement is (A) inconsistent with their testimony that was given under oath or (B) consistent with their testimony and is offered to disprove a charge against the witness of recent lies or improper influences or motives, or (C) when a witness identifies a person in the courtroom; or (2) Admission by a Party-Opponent. A statement that the party made that is being used against them and is the (A) the party’s own statement, or (B) a statement that the party believes to be true, or (C) a statement by a person


authorized by the party to make a statement concerning the subject, or (D) a statement by the employer or employee on a subject that is within the scope of employment, or (E) a statement by a co-conspirator of a party during the course of action or in furthering the conspiracy. 802

Hearsay Rule Hearsay evidence is normally excluded from a trial because it is considered untrustworthy. 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. Although hearsay is generally not admissible, there are certain out of court statements which 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, which are not hearsay, are: (a) Prior statements made by the witness himself, and (b) Admissions made by a party opponent. For the purposes of the mock trial competition, there are exceptions to the hearsay rule, which will be allowed.

803

Hearsay Exceptions, Availability of Declarant Immaterial The following are not excluded by the hearsay rule, even though the declarant is available as a witness. A video representation of these exceptions can be viewed at:

www.scbar.org/media/lre/hearsay.wvx (a) Present Sense Impression: A statement describing or explaining an event or condition made while the person making the statement was perceiving the event or condition or immediately thereafter. (b) Excited Utterance: A statement relating to a startling event or condition made while the person making the statement was under the stress of excitement caused by the event or condition. (c) Then existing Mental, Emotional, or Physical Conditions: A statement of the witness’ state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, withdrawal, identification, or terms of witness’ will. Examples: "I'm scared" - emotional state

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"I have a headache" - physical state "I'm going to take this car out and see how fast it will go" - mental state: (intent to speed) (d) Medical Statements: Statements made for the purpose of medical diagnosis or treatment. (e) 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 or adopted by the witness when the matter was fresh in the witness’s memory and to reflect that knowledge correctly. (f) 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 documents, books, 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, by other expert testimony, or by judicial notice. (g) Reputation as to Character: Reputation of a person’s character among associates in the community. (h) Judgment of Prior Conviction: Evidence of a final judgment, entered at trial or upon a plea of guilty, finding a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment. Evidence of prior convictions is not allowed when offered by the Government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. (i) Records of Regularly Conducted Activity: Any type of data compilation in any form if kept in the course of a regularly conducted business activity and it was the regular practice of that business activity to make data compilation. Business activity includes any type of business, whether or not for profit, as well as the records compiled by public officers, agencies, or schools. (j) Absence of Entry in Records Kept in Accordance with the Provision of Subsection (f): Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of subsection (f), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness. (k) Public Records and Reports: Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duly imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by

36


police officers and other law enforcement personnel; provided, however, that investigative notes involving opinions, judgments, or conclusions are not admissible. Accident reports required by S.C. Code Ann. §§ 56-5-1260 to -1280 (1991) are not admissible as evidence of negligence or due care in an action at law for damages. 804

Hearsay Exceptions where Declarant Unavailable (a) Definition of unavailability - "Unavailability as a witness" includes situations in which the declarant (1) Is exempted from testifying on the ground of privilege; (2) Persists in refusing to testify despite a court order to do so; (3) Testifies to a lack of memory; (4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or hospitalization; or (5) Is absent from the hearing and the counsel cannot get them to the trial. (b) A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory, inability, or absence prevents the witness from attending or testifying. Assume that there was no wrongdoing or misconduct intended to prevent the witness from attending or testifying.

805

Hearsay within Hearsay Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.

806

Attacking and Supporting Credibility of Declarant When a hearsay statement, or a statement defined in Rule 801(d)(2), (C), (D), or (E), has been admitted in evidence, the credibility of the Declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if the Declarant had testified as a witness. Evidence of a statement or conduct by the Declarant at any time, inconsistent with the Declarant's hearsay statement, is not subject to any requirement that the Declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the Declarant as a witness, the party is entitled to examine the Declarant on the statement as if under cross-examination.

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The following rules are special to South Carolina’s Mock Trial Program:

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901

Assuming Facts Not in Evidence An attorney shall not ask a question that assumes unproven facts. However, an expert witness may be asked a question based upon stated assumptions, the truth of which is reasonably supported by the evidence. Example of question that assumes unproven facts: "When did you stop stealing gum?"

902

Argumentative Questions An attorney shall not ask questions that are argumentative in nature.

903

Ambiguous Questions An attorney shall not ask questions that are capable of being understood in two or more possible ways.

904

Lack of Proper Foundation 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 a proper foundation has been laid, the exhibits may still be objectionable due to relevance, hearsay, etc. Given that the document is "authentic" means only that it is what it appears to be, not that the statements contained in the document are necessarily true.


PROCEDURE FOR OBJECTIONS An attorney may object any time that the opposing attorney has violated the Mock Trial 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 presiding judge will ask the reason for the objection. Then the presiding judge will turn to the attorney who asked the question, and that attorney usually will have a chance to explain why the objection should not be accepted ("sustained") by the presiding judge. He or she will then decide whether to "sustain" the objection, thereby disallowing the question or discarding the answer; or the presiding judge will "overrule" the objection, thereby allowing the question to be answered or the answer to remain on the trial record. REMEMBER: Winning or losing the ruling on an objection is not what is important, but rather how knowledgeable of the Rules of Evidence the team is and how each team reacts to the decision of the presiding judge. What is important is the presentation of the objection and the opponent's response (both verbally and strategically) to the objection and to the Court's ruling. Only the attorney "responsible" for the particular witness may object. For instance, the attorney who directly examines a witness objects when that witness is being crossed, and the attorney who crosses a witness objects when that witness is being directly examined. Following are examples of standard forms of objection: 1.

IRRELEVANT EVIDENCE: "I object, your Honor. The evidence/testimony is irrelevant to any issue in this case."

2.

LEADING QUESTION: "Objection. Counsel is leading the witness." (NOTE: Remember that an attorney may ask leading questions when cross-examining the opponent's witnesses.)

3.

IMPROPER CHARACTER TESTIMONY: "Objection. The witness’s character or reputation has not been put in issue." OR "Objection. Only the witness's character for truthfulness is at issue here."

4.

HEARSAY: "Objection. Counsel's question is seeking a hearsay response." (NOTE: If the witness makes a hearsay statement, the attorney should say, "The witness's answer is based on hearsay, and I ask that the statement be stricken from the record.") In responding to a hearsay objection, it may be appropriate for counsel to point out a specific exception, or to argue that the hearsay rule does not apply: "Your Honor, the testimony is not offered to prove the truth of the matter asserted, but only to show. . . ."

5.

OPINION: "Objection. Counsel is asking the witness to give an expert opinion for which he has not been qualified."

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TAB INSERT: RESOURCES

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41


Resources: Forms Available On-Line....................................................................................... 41 Resources Available On-Line................................................................................ 42 Additional Information for Teachers, Attorneys, Students and Parents ........ 43 Talent Release Form Explanation ......................................................................... 43 Talent Release Form............................................................................................. 44 Mock Trial and Beyond ......................................................................................... 45 LRE Awards, Scholarships and Grants ................................................................. 46 What Parents and Guests Should Know ............................................................... 47 Competition Day: What to Expect at Regional Competitions ................................ 50


Forms Available On-Line All forms needed to participate in the Middle School Mock Trial are available at …..

www.scbar.org/lre Visit www.scbar.org/lre and click on the Middle School Mock Trial logo. Scroll down to the bottom of the screen and click on “Mock Trial Forms.” Forms include: •

Dispute Form

School Information Sheet

Scoresheet

Scoring Matrix

Talent Release Form and Explanation

Team Drop Form

Team Roster Form – Prosecution

Team Roster Form – Defense

Timekeeper Record Form

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Resources Available On-Line New to mock trial as an attorney coach, teacher or a student? Need additional information on mock trial? Visit…………..

www.scbar.org/lre Visit www.scbar.org/lre and click on the Middle School Mock Trial logo. Scroll down to the bottom of the screen and click on “Resources.” Helpful resources include:

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Bailiff Script

Competition Day – What to Expect at Regional Competitions

Courtroom Layout

Glossary of Law Related Terms

Mock Trial and Beyond (listing of high schools that implement mock trial)

Planning Checklists

Planning for Mock Trial Discusses time factors, suggested concept lessons, student involvement, student materials, typical courtroom arrangement, layout, and suggested administrative checklist

Prep for Case Discusses purpose of mock trial, the parties, how to look at the facts of the case, evidence, burden of proof, defense, how to prepare for mock trial and explains what is mock trial.

Prior SC Middle School Mock Trial Cases

Rule 803 (Hearsay) with Video Link

Scoring and Presiding Judges’ Training Video

Student Overview The Student Overview outlines the components needed for an opening statement, a direct examination, a cross examination, exhibits, objections, and closing argument.

Suggestions on How to Prepare for Mock Trial

Teacher Training Video

Time Limits and Sequence

Trial Process Explanation


Additional Information for Teachers, Attorneys, Students and Parents

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TALENT RELEASE FORM EXPLANATION The next page has the Talent Release Form for all students, sponsoring teachers, and attorney coaches to complete prior to registration on the day of the competition. The Talent Release Form signifies that the SC Bar has been given permission to use any film or video taken at the competitions to be used for marketing and training tools, and for the purpose of taking pictures to use as examples during trainings, marketing efforts and press releases. All pictures used will be portrayed in a positive manner. Should a team give permission to the opposing team to video tape, then they have permission. Should a team not have all of their signed talent releases and there are reasons for this, please instruct your students to answer that they do not approve video taping when asked by the opposing team.

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TALENT RELEASE FORM FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, I hereby irrevocably grant to the South Carolina Bar, its successors and assigns, and parties authorized by the South Carolina Bar, for any purpose(s) whatsoever, the right to photograph and record any or all of my appearance(s) or performance(s) in connection with the production of Mock Trial; to reproduce such photographs and recordings or any part of them by any method; to use, broadcast and/or publish such photographs and recordings or any part of them by any method; to use my name, no name, or a fictitious name in connection with such photographs and recordings or any part of them; and to circulate, distribute, sell, and/or lease such photographs and recordings or any part of them, or license others to do so as long as pictures taken are to be only used in a positive manner. Any rights granted in the immediately preceding sentence shall also extend to any advertising or other material in connection with the Production. _____________________________________’s (student, teacher, or attorney coach’s name) appearance(s) or performance(s) in the Production is/are not the result of pressure or forced participation. No representations of any kind have been made to me. I release the South Carolina Bar, it successors and assigns, to any parties authorized by the South Carolina Bar to perform the acts set forth in the paragraph above, from any and all claims for damages for libel, slander, invasion of the right of privacy, or any other claims based on, arising out of, or connected with the Production. I hereby waive any right to inspect or approve the Production, at any stage of its development, and any other matter or material relating to the Production. I agree that the control of, title to, any right of copyright of the Production or any part of the Production, including any copies thereof, and any other matter relating to the Production, shall be owned exclusively and completely by the South Carolina Bar, its successors and/or assigns. I also agree that I will not disclose, sell, give, assign, furnish, distribute, or otherwise make available any information, data or materials concerning the South Carolina Bar, its business, products, customers or operations without the express written consent of the South Carolina Bar. This confidentiality obligation shall apply now and in the future, but shall not apply to information, which is or becomes public through no fault of mine. Finally as the legal guardian, I hereby have my signature below. Name (printed): School Name: Year Student Anticipates Graduating High School: Guardian’s Name (printed) if applicable: Home Address: City, State, Zip Code:

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Signature:

Date:

Witness Signature:

Date:


MOCK TRIAL AND BEYOND Interested in mock trial beyond middle school? Here is a list of high schools who offered Mock Trial in Spring 2008! Abbeville High School Academic Magnet High School Batesburg-Leesville High School Battery Creek High School Beaufort High School Berkeley High School Bluffton High School Blythewood High School Bob Jones Academy Carolina Forest High School Chapin High School Christ Church Episcopal School Clarendon Hall School Daniel High School Dutch Fork High School Fairfield Central High School First Baptist Church School Fort Mill High School Greenville Tech Charter High School Greenwood High School Greer High School Hartsville High School Irmo High School James F. Byrnes High School Johnsonville High School

Lexington High School Lower Richland High School Mid-Carolina High School Myrtle Beach High School Nation Ford High School Pinewood Preparatory School Richard Winn Academy Ridgeland High School Riverside High School Scott’s Branch High School Seneca High School Socastee High School Spring Valley High School St. Francis Xavier High School St. James High School Strom Thurmond High School Summerville High School Wade Hampton High School Walhalla High School Wando High School Westminster Catawba Christian School Wilson Hall Wilson High School York Junior High School

Should you not see your future high school listed, contact the SC Bar for help in getting a mock trial team established at your high school.

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LRE AWARDS, SCHOLARSHIPS and GRANTS The SC Bar Law Related Education (LRE) Division offers many forms of recognition as well as grants to implement or continue implementation of SC Bar Law Related Education programs. Each year the following awards and scholarships applications are released in October!

LRE Middle and High School of the Year:

$5,000

One middle school and one high school are selected as the Law Related Education (LRE) School of the Year. Winners of the LRE middle school and high school of the year are chosen based on their implementation of LRE curricula and/or programs and commitment to the principles of LRE. Each school receives an award of $5,000 as non-designated funds. The plaque and check will be presented at the school.

LRE Middle and High Teacher of the Year:

$1,000

Each year, beginning in 2005, one middle school and one high school teacher are selected as the LRE Teacher of the Year chosen on the same criteria for LRE School of the Year. Applicants can be nominated or self nominated. Each teacher receives an award of $1,000 as non-designated funds. The plaque and check will be presented at the school to the teacher.

LRE Citizen of the Year:

$1,000

Each year, a South Carolina citizen who has either been nominated or self-nominated is awarded with LRE Citizen of the Year Award. The recipient of this award will be one who has fostered public understanding of the values of our legal and judicial system; stimulated a deeper sense of individual responsibility by helping students recognize their legal duties and rights; encouraged and supported effective LRE programs; and increased communication among students, educators, and those working in the legal system. The LRE Citizen of the Year will receive an award of $1,000 as non-designated funds. The plaque and the check will be presented at the place of employment.

LRE Lawyer of the Year: Each year, a member of the South Carolina Bar who has either been nominated or self-nominated is awarded with the honor of LRE Lawyer of the Year Award. Applicants can be nominated or self nominated. The recipient of this award will be one who has fostered public understanding of the values of our legal and judicial system; stimulated a deeper sense of individual responsibility by helping students recognize their legal duties and rights; encouraged and supported effective LRE programs; and increased communication among students, educators and those working in the legal system. The LRE Lawyer of the Year will be recognized at the Board of Governors meeting in May in front of his or her peers.

Awards and Scholarships Schedule Applications Released – October 31, 2008 Application Deadline – March 20, 2009 (post marked date)

Grants

Award Letters – May 1, 2009 Presentation of Awards – May 2009

up to $10,000

Grants can be applied for up to $10,000 per school to implement or continue implementation of SC Bar LRE programs. Applications for grants are released February 1st and funding is for the following school year.

Questions about scholarships and awards can be forwarded to Donald Lanier at dlanier@scbar.org or contacted at (803) 252-5139. To download applications/nomination forms, visit the website at www.scbar.org/lre. Questions about grants can be directed to Krystina Ludlow at kludlow@scbar.org or contacted at (803) 252-5139.

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WHAT PARENTS AND GUESTS SHOULD KNOW Plan to meet with your student’s teacher coach to find out about practice schedules, transportation to/from the competition, snacks for practices, snacks for the competition, dress attire for each student, where to meet for the competition, competition schedule, etc. Parents and visitors are welcome to attend the competitions. Teams will be provided a maximum number of 24 “visitor” badges to watch their respective teams. Competing students, teacher coach(s) and attorney coach(s) will have separate “team” badges. Guests cannot view any round without the matching visitor badges which will be noted with two coded letters, e.g. “AB.” (The codes mean nothing. It is a system in place to keep the teams anonymous from the scoring judges and the opposing team.) Parents and guests will receive the visitor badges from the lead teacher coach after the lead teacher coach has registered the team on the day of the competition. The identities of the students on the teams, to the extent possible, are to be kept confidential from the scoring judges. Visitors are strongly encouraged not to wear or bring school names, logos, or colors on any items brought into the courtroom. Also, the teams and their guests should only identify themselves by their assigned team codes for the competition, not by the school name. Seating may be limited in various courtrooms throughout the state. What this means for parents and visitors is sharing of name tags may be required for everyone to be able to see their student. Parents and visitors can share nametags by only having guests in the courtroom to watch either the Plaintiff/Prosecution OR Defense side depending on their student’s performing side. For example, Johnny is performing for the Defense side and the Plaintiff/Prosecution side is performing. Parents and guests associated with Johnny would sit out this round if space were limited, so that parents and guests of the students on the Plaintiff/Prosecution side could watch. The same courtesy should be extended when sides switch, should that courtroom present space constraints. Know that teachers will receive the order of the performing sides seven business days prior to the competition. This announcement should help parents and guests know which round they can attend and better plan for space constraints. However, if teams drop out during the seven business days prior to the competition, agendas WILL change prior to the competition OR even on the morning of the competition should a team “no show.” The agenda is always subject to change. All attendees, parents and guests are asked to respect the arrival times, competition round times, breaks and lunch time by never being late. Students need to be in their respective courtrooms 15 minutes prior to each round. Many of the courthouses require security to operate the metal detectors for the competitions, which requires additional time for gaining access into the building. (The more pockets, purses, brief cases, bags, etc. that has to be examined, the longer the entry time.)

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Should a parent or guest arrive late, there will be staff to assist in finding the appropriate courtroom their school is assigned. However, entering or exiting the courtroom should only take place during transitional periods taking place in the courtroom. For example, enter when a witness is getting on or off of the witness stand and not during an opening, direct, cross, or closing. An agenda with “approximate” times is provided to the lead teacher coach in advance and on the day of the competition to share with parents and guests. Know that these times are “approximate” and that a round could end earlier or later than estimated, thus causing following breaks, lunch, rounds and awards to be impacted by this shift in time either earlier or later. Even if the round a parent or guests views ends “on time,” all teams must wait to begin the next round until all teams have completed the same round. If a parent or guests knows in advance that they are only coming to see the one round their student is performing in, plan to arrive 15-30 minutes prior to the “approximate” start time to ensure a seat in the courtroom as times are not “fixed” and can vary. Parents and guests planning on to arriving for only one round are strongly encouraged to leave their cell phone number with the lead teacher in case the agenda changes on the morning of the competition. A welcome is given by the mock trial coordinator at the beginning of the competition. Any questions about the day’s events are asked at this time by students, coaches, parents and visitors. Teams are released upon the conclusion of the welcome and given fifteen minutes to find their assigned rooms and prepare for their first trial. Parents and visitors are not allowed to move around in the courtroom during a trial or participate in the trial in any way to include asking about remaining time, signaling, passing notes, raising disputes, or arguing a dispute on behalf of the student(s). It is strongly encouraged that cell phones are not brought to the courthouse and/or mock trial facility. Some courthouses prohibit the entrance of cell phones and they will be confiscated by security personnel. Should a cell phone be permitted into the courthouse, it is asked that all cell phones be turned off while in the courtroom. Video cameras may be used during the competition only with the consent of the presiding judge AND with the consent of the opposing team. The presiding judge will ask for consent from both teams prior to beginning the trial. Flash pictures may NOT be taken during the competition at any time. (In the past, some teams have nominated one parent from a team to film all of the rounds and share the video with everyone on that team.) For 2008, the state competition will be professionally photographed throughout the competition. In addition, the championship round will be videotaped. The professional photographer and the video crew will be advised about using discretion when moving about the courtrooms. Media coverage is also invited to the competitions and will be allowed to document the mock trial rounds, as approved by the SC Bar, LRE Division Staff. (See the talent release form for additional information on pages 43 and 44.) Should a parent object to any kind of photography

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being present in the courtroom filming their student, they should notify the mock trial coordinator upon arrival to avoid any conflicts. The SC Bar promotes each competition statewide and sends press releases to all media outlets. Look for promotion of each school’s participation in the local newspaper close to the competition date. Teams assigned to each regional competition are notified in advance in the event that there are more than two rounds, as three rounds require a break for lunch. In general, there are very few, if any, restaurants within walking distance of the competition locations. It is strongly suggested that students stay on the competition grounds and parents and guests either bring prepared food for lunch or opt for takeout in the area that is brought to the students. The length of the competition day will vary by region depending on the number of teams. There can be as many as three rounds taking place, while only each team participates in two of the three rounds. When not participating in a round, the entire team and its guests wait in a pre-determined area announced at the morning welcome. (This additional round cannot be added to a lunch. This additional time is used by the team for preparation and/or reflection.) The presiding judge will allow for a five (5) minute recess prior to the closing statements. Parents and guests cannot leave the courtroom at this time, nor communicate with any of the competing and non-competing team members. Students who are excused to leave the courtroom during the five (5) minutes recess are only allowed to talk among their team members and not with or to the opposing team members. There is an awards ceremony at the end of the competition day and parents and guests are welcome to attend. This is when the most effective attorney and most effective witness from each round will be announced and the awards ceremony will conclude with the announcement of the two teams that will advance to the state competition. It is strongly encouraged that everyone is in the assigned meeting area for the awards ceremony at least thirty minutes prior to the start time in case the awards preparation happens faster than planned. Attorneys, teachers, students, parents, and visitors do not want to miss this awards ceremony. Teams advance from each of the five regional competitions to the state competition. Should a parent’s or guest’s student advance to the state competition, plan to meet as a team with the mock trial coordinator following the awards ceremony to discuss the details of the state competition, scheduled for December 6, 2008, in Lexington, South Carolina. Teachers and parents should block December 6, 2008, on the calendar now in case their student(s) advance to the state competition, even if it is a first year team. Should a team be selected to advance to the state competition, it is very important that the team stays together. Should the team not be able to advance to the state competition due to not enough team members available on that competition date, the school forfeits their slot.

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Competition Day: What to expect at Regional Competitions The Basics: What is Mock Trial? A mock trial is a pretend trial and may involve either civil or criminal cases, just like a real court. Middle School Mock Trial rules and procedures are modified to simplify the process of mock trial. In Mock Trial the students present the case and act as the main characters in the courtroom. The purpose of the Mock Trial is to learn about courtroom procedures and the people and rights involved with the legal system. It also teaches how to evaluate both sides of an issue and resolve conflicts in a nonviolent manner. A mock trial follows the trial procedure of the lower courts. By incorporating Mock Trial, students learn about the basis of our American judicial system and the mechanics of litigation. In addition, students will be encouraged to learn and understand the meaning of good citizenship in a democracy. Mock Trial is exciting to share in any classroom or club and it easily stimulates participation, critical thinking, speaking skills, and teamwork. Mock Trial is also available in many high schools throughout the state. (Graduating high school mock trial students are eligible for high school mock trial scholarships when continuing with higher education.)

Registration on the Day of the Competition: With the wonderful expansion of Middle School Mock Trial there is an increased number of teams participating at each of the regional competitions, hence there are many people attempting to register at once to include teachers, students, attorney coaches, proud parents, guests, and attorney volunteers. To reduce congestion, the sponsoring teacher is asked to have the school’s entire team wait outside while the sponsoring teacher (only) registers the team. Students who arrive individually are asked to wait with their parents or guardian until the remainder of their team arrives, preferably outside of the court house. (If it is too cold or raining, schools will be directed to a welcome area to wait for further instructions.) Once the mock trial coordinator receives the needed information from the sponsoring teacher, the talent release forms (found on pages 43 and 44 ) and the official team rosters (found on the website), as well as the sponsoring teacher’s cell phone number (cell phones are on vibrate) to contact teachers within the building in case of an emergency; teams will be provided with a registration packet. The red registration bag will include an agenda, noteworthy information, forms, press releases, dispute forms, extra timesheets, certificates for teachers and students, teacher evaluations, and name badges for team members and guests. The red registration bag is to be returned to the mock trial coordinator at the end of the competition as a check out procedure with the completed evaluations, the students/teacher coded name tags, file folders with any unused papers, and name badges.

Please bring: • • •

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Twelve (12) copies of each of the Team Roster Forms (Prosecution/Plaintiff and Defense) in an envelope for regional competitions and twenty-five (25) for state. Singed Talent Release Forms in a separate envelope, if not mailed ahead of time. A timekeeper


Nametags: There is a maximum number of 24 visitor badges allotted per team. Note that guests cannot view any event without the matching visitor badges. All team members and guests are identified accordingly with their respective team badges. Students will have white pin-on name badges with two coded letters representing their team in an attempt to keep the school anonymous. The students’ respective visitors, teachers and attorney coaches will be assigned the same two coded letters, but with their respective titles (visitor, teacher, or attorney coach). (Please do not put stickers on pin-on name badges.) Visitors can only watch the team that matches their visitor badge. Announcements at the awards ceremony will begin after all the name badges for students have been collected.

Welcome: A welcome is given by the mock trial coordinator at the beginning of the competition. Any questions about the day’s events are asked at this time. Teams are released upon the conclusion of the welcome and given fifteen minutes to find their assigned rooms and prepare for their first trial.

Room Assignments: Should a team become disqualified or fail to arrive to compete for an unforeseen circumstance, room assignments are subject to change and are announced as soon as possible.

Each trial has the following order of events: • • • • • • • • • • • •

Teams find courtrooms and have fifteen minutes to prepare Teams find proper seating placement including timekeepers Plaintiff / Prosecution’s Bailiff meets with presiding judge outside of the courtroom Scoring jury enters Bailiff announces the presiding judge Judge conducts welcome Scoring jury introduces themselves Both teams introduce themselves and swap rosters Opening statements from each side Bailiff swears in all witnesses Direct / Cross Examinations 5 minute recess for competing students ONLY (not for visitors)---- see RECESS notes on next page

• • • • • • • •

Closing arguments from each side Judge asks teams to re-introduce themselves to the scoring judges Scoring jury leaves the room Any disputes are presented at this time to the presiding judge Scoring jury returns Presiding judge gives comments and feedback Trial is officially over Once the trial is officially over, the team quietly returns to the place indicated at the morning welcome. (Teams cannot go to their next assigned courtroom until fifteen minutes prior to the trial round for the sake of a trial may still be in process.)

Judging/Scoring: Each trial has a presiding judge overseeing the trial and a minimum of two and a maximum of three people serving as the jury. The jury scores the trial using the Middle School Mock Trial scoring form to determine how each team performs their knowledge and understanding of the case itself and the trial process, not guilt or innocence. The scoring jury also determines the most effective witness and most effective attorney for each round. Should there only be two jury members, the presiding judge also scores the round so that every trial has three scoring judges. The presiding judges are members from the SC Bar who are professional judges and/or attorneys experienced with the Mock Trial program. The scoring jury includes members from the SC Bar who are professional attorneys, experienced high school mock trial teachers, third and fourth year law students, etc. Scoresheets are mailed following the competition.

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Introductions: Once teams are in their respective courtrooms, students are asked to address the scoring jury and presiding judge providing only their names and roles in the competition (not their school) at the beginning of each round as well as at the end of the competition. The re-introduction at the end of each round assists the scoring jury in awarding the most effective witness and the most effective attorney for each round.

Recess: During the competition, the competing sides are given a five minute recess prior to their closing arguments to stand up, walk outside the room, go to the restrooms, get water, regroup amongst themselves to revise closing, etc. During this five minute recess, neither the other half of the school’s competing team nor viewing guests can get up from their seats, or have any communication with either of the competing sides inside or outside the courtroom. Essentially non-movement and non-communication should be taking place during this five minute recess. Should a violation of this rule take place, there is the potential that the presiding judge can rule a strong point deduction or even disqualification for the team found in fault. It is asked that everyone remain seated and silent during this time. This cannot be stressed enough.

Photography/Videography: Video cameras and non-flash photography may be used during the competition only with the consent of the presiding judge AND with the consent of the opposing team. Flash pictures may NOT be taken during the competition at any time. Upon approval of video cameras and non-flash photography, persons may take stationary pictures from their seats. No movement in the courtroom for pictures is permitted.

Number of Rounds: The length of the competition day will vary by region depending on the number of teams within each regional competition. There can be as many as three rounds taking place, while only each team participates in two of the three rounds. When not participating in a round, the entire team and its guests wait in the pre-determined area announced at the morning welcome. Teams use this time for preparation before the next competitive round. A round intended for a team to sit out cannot be attached to a lunch period. This mechanism is in place to ensure that all teams have equal treatment. Students found roaming the halls during a round that they are not competing in are subject to penalties, as respect and silence is needed for the other teams competing. Working diligently to keep the hallways as quiet as possible is greatly appreciated.

Lunch / Snacks: Regions are notified in advance in the event that there are more than two rounds, as three rounds requires a time period for lunch. In general, there are very few, if any, restaurants within walking distance of the competition locations. It is strongly suggested that students stay on the competition grounds and parents/guardians either bring prepared food for lunch or go and retrieve hot lunches for the team. Should a team request delivery, please notify the mock trial coordinator so that they may notify the team upon the arrival of the lunch delivery. Remember when planning for this lunch, that students need to be seated in their respective courtrooms 15 minutes prior to each round beginning. The time for the round immediately following lunch is announced at the morning welcome. (There is no eating in classrooms or courtrooms.)

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Awards: After competing in the rounds, everyone reports back to where the welcome was held in the morning. During the waiting period that can range from thirty minutes to an hour, staff is working diligently to tally up scoresheets and to double and triple check scores for accuracy. During the waiting period, teachers complete their evaluations and collect student name badges as the awards cannot be given out until each school submits their red registration bags with the student name badges and teacher evaluations. (Certificates and press releases are removed from the red registration bags and all other contents including file folders and name badges along with the red registration bag are returned with the teacher evaluations.) The first part of the awards presentation has the announcements of the most effective witnesses and most effective attorneys for each trial in each round. The award presentation concludes with the announcing of the teams representing their respective region at the state competition. Following the announcement of the teams advancing to the state competition, pictures are taken of each advancing team and the coordinator discusses the state competition and answers any questions from students, teachers, and parents.

State Competition: The State Competition is scheduled the December 6, 2008, in Lexington, SC. Travel and lodging the day prior to the function may be needed for some regions as registration promptly begins at 7:45am on a Saturday and concludes that evening. Should a school not be able to afford these expenditures and forfeit their slot, the slot is offered to the next team according to ranking. A school cannot forfeit their slot past the drop deadline date provided each year.

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TAB INSERT: 2008 MOCK TRIAL CASE

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2008 Mock Trial Case: Introduction ......................................................................................................... 55 Pleadings........................................................................................................... 57 Stipulations................................................................................................... 57 Direct Indictments ........................................................................................ 58 Demand for Jury Trial................................................................................... 62 Pre-Trial Order ............................................................................................. 63 Statement of the Case ................................................................................. 63 Pre-Trial Issues to include Stipulations of the Parties .................................. 64 Pre-Trial Issues to Include Issue for Trial in This Stage of Proceedings ...... 64 SC Cyber Stalking Statutes.......................................................................... 65 Preliminary Jury Instructions ........................................................................ 67 Appendix A: Verdict...................................................................................... 72 Witnesses and Affidavits ................................................................................. 73 Witness Listing ............................................................................................. 73 Affidavit, Jamie Anderson............................................................................. 74 Affidavit, Casey Wallner ............................................................................... 79 Affidavit, Ashton Hopp.................................................................................. 83 Affidavit, Kinsley Williams............................................................................. 88 Affidavit, Blain Albert .................................................................................... 93 Affidavit, Pat Clifford..................................................................................... 97 Exhibits............................................................................................................ 103 Exhibits Listing ........................................................................................... 103 Exhibit #1, Chat Room Web Page .............................................................. 104 Exhibit #2, On-Line Chat Room Usage Policy............................................ 105 Exhibit #3, Diagram of Bedford Hall Computer Lab.................................... 106 Exhibit #4, Photograph 1 – Computer Lab from Door ................................ 107 Exhibit #5, Photograph 2 – Computer Lab from Computer 2 to Door......... 108 Exhibit #6, Photograph 3 – Computer Lab from Computer 15 to Door....... 109 Exhibit #7, Bedford Hall Computer Lab Calendar....................................... 110 Exhibit #8, Excerpts from Message Board / Chat Room ............................ 111 Exhibit #9, E-Mail ....................................................................................... 115

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INTRODUCTION

Jamie Anderson is a senior at Winston High School, a boarding school, in York County, South Carolina. Jamie Anderson and Casey Wallner are roommates in Bedford Hall, one of the co-ed upper class dorms on campus. Casey’s testimony generally corroborates Jamie’s testimony. The school sponsors a chat room / message board for the students and faculty. The chat room discussions range from class discussions to social dialogs. Students signed up for the chat room during class registration. As a safety issue, each student must read and accept the chat room policies. One of the safety precautions is the use of a red panic button. The red panic button gives the user the opportunity to send a complaint or report a problem in the chat room to an administrator. All user information is kept anonymous -- only the screen names with log-in and log-off times are shown. Jamie and the roommate began noticing postings to the chat discussion that referenced Jamie’s nickname “JAM” or “Jammin.” These messages got darker and more disturbing over time. Jamie began having trouble sleeping and leaving the dorm room. Jamie was so scared, Casey had to follow along for support. At times, Jamie would not go out at all. Jamie went to the police after an anonymous e-mail on October 8, 2007, that read, “Don’t walk alone at night. That is me behind you. You could be sorry. You could be dead.” Detective Ashton Hopp responded to the case. The detective, along with computer personnel of the school, looked over the chat room files and the e-mail. During the investigation, Detective Hopp advised Jamie and Casey to continue using the chat room. The disturbing chats continued. Kinsley Williams was arrested for cyber stalking on October 16th. Kinsley Williams admits to writing two of the implicated messages. Kinsley denies sending the other messages and, in fact, blames unnamed other individuals who might

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have used Kinsley’s chat accounts. Blain Albert, a computer sciences teacher, and Pat Clifford, the school’s webmaster, support Kinsley.

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PLEADINGS

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STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

STIPULATIONS

Prosecution Witnesses Jamie Anderson, Alleged victim of Cyber stalking Casey Wallner, Jamie Anderson’s roommate Ashton Hopp, York County police investigator assigned to the case Defense Witnesses Kinsley Williams, Alleged Cyber stalker Blain Albert, Computer Sciences teacher Pat Clifford, School Webmaster

1. 2. 3. 4. 5.

6. 7. 8. 9. 10.

There is no First Amendment issue in this case. There is no entrapment issue in this case. There is no jurisdictional issue in this case. The message board / chat room excerpts (Exhibit #8) are authentic representations of the referenced discussions. All irrelevant and/or off topic discussions and administrative references have been deleted from the message board / chat room excerpts. The deleted text is marked with ellipses ( * * * ) that appear on a separate line. All students named in this mock trial problem signed the waiver for chat room use. This paperwork is kept in a secure file cabinet. Postings on the campus message board / chat room are entered in real time and can be read at any time. The Indictments are valid and cannot be attacked for being deficient. The gender of the witnesses are neutral and cannot be used as a fact during the trial. The statutes applicable to this case are set forth completely starting on page 65 in these problem materials.

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58


Jamie Anderson.

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60


61


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

DEMAND FOR JURY TRIAL

The State of South Carolina filed two (2) indictments against Defendant Kinsley Williams. The indictments were true billed by the Grand Jury on January 11, 2008. Defendant pleads not guilty. I, the undersigned, do hereby demand a jury trial in the above matter. Dated:

January 11, 2008

Signed:

s / Kinsley Williams Kinsley Williams, Defendant

62

63


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Pre-Trial Order

On this the 7th day of February, 2008, the above-captioned matters came before the undersigned judge for pretrial conference on first stage issues. The Court has bi-furcated the proceedings in this case into two stages in accordance with South Carolina law. The trial of the first stage will address the issue of guilt or innocence. The trial of the second stage, if necessary, will address the appropriate sentence for the crimes charged. The parties, appearing through their counsel, indicated their agreement to, and approval of, the terms of this Order, and requested that it be made the Order of this Court. The terms of this order, accordingly, shall not be altered, except upon a showing of good cause.

I. Statement of Case The State charged Defendant, Kinsley Williams, with two counts of Cyber stalking: (1) Transmission of Threat (South Carolina Code Annotated ยง 16-3-1700(A)(1); and (2) Reasonable Apprehension (South Carolina Code Annotated ยง 16-3-1700(A)(2)). The State alleges that on or between September 5, 2007, and October 15, 2007, Defendant unlawfully used e-mail and internet chat messages to communicate threats and cause the victim to suffer reasonable apprehension of immediate or future bodily harm, contrary to the laws of the State of South Carolina, and the good order, peace and dignity thereof. Upon arraignment, Kinsley Williams pleaded not guilty to all charges.

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II.

Pre-Trial Issues A.

Stipulations of the Parties The parties have entered into the following stipulations, which shall not be contradicted or challenged: 1.

The indictments are not procedurally defective.

2.

The chat discussions at issue were sent on September 5, 17, 24 and October 3, 4, 10, and 15.

3.

The e-mail in question was sent on October 5, 2007.

4.

Defendant was over the age of 18 when school started.

5.

All exhibits listed are authentic and accurate in all respects.

6.

The excerpts from the message board / chat room have been edited to remove extra and unnecessary discussions. The excerpts (in Exhibit 8) include all of the relevant discussions.

7.

The chain of custody for evidence is not in dispute.

8.

The signatures on the witness statements and all other documents are authentic.

9.

All witnesses who were arrested were properly advised of their Miranda rights.

10.

Exhibits 3, 4, 5 and 6 fairly and accurately reflect the Bedford Hall Computer Lab.

B.

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Issue for Trial in This Stage of the Proceedings Whether or not the Defendant is guilty of the crimes of cyber stalking, as charged by the State.


SOUTH CAROLINA CYBER STALKING STATUTES2 SC Code ยง16-3-1700. Definitions. ARTICLE 17. CYBER STALKING As used in this article: (A) "Cyber Stalking" means a pattern of words transmitted by the use of computer or other electronic device, that serves no legitimate purpose. Cyber Stalking may include, but is not limited to: (1) Transmission of a threat to the person or a member of his family; (2) Intentionally causing a reasonable person in the targeted person's position to fear: (a) death of the person or a member of his family; (b) assault upon the person or a member of his family; or, (c) bodily injury to the person or a member of his family. (B) "Pattern" means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. (C) "Family" means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person. (D) "Electronic device" means any transfer of signs, signals, writings, images, sounds, data, intelligence, or information of any nature transmitted in whole or in part by any device, system, or mechanism including, but not limited to, a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system. (E) This section does not apply to words or conduct protected by the Constitution of this State or the United States, a law enforcement officer or a process server performing official duties, or a licensed private investigator performing services or an investigation as described in detail in a contract signed by the client and the private investigator pursuant to Section 40-18-70.

SC Code ยง16-3-1705. Electronic mail service provider; immunity; definition. ARTICLE 17. CYBER STALKING (A) An electronic mail service provider must not be charged with or have a penalty assessed based upon a violation of this article or have a cause of action filed against it based on the electronic mail service provider's: (1) being an intermediary between the sender and recipient in the transmission of an electronic contact that violates this article; or 2

Derives from SC Code ยง16-3-1705, et seq. (West supp. 2007)

65


(2) providing transmission of an electronic contact over the provider's computer network or facilities that violates this article. (B) For purposes of this article, "electronic mail service provider" means a person or entity which: (1) is an intermediary in sending or receiving electronic mail; and (2) provides to users of electronic mail services the ability to send or receive electronic mail.

SC Code ยง16-3-1710. Penalties for conviction of Cyber Stalking. ARTICLE 17. CYBER STALKING (A) Except as provided in subsection (B), a person who engages in Cyber Stalking is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both. (B) A person convicted of Cyber Stalking is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if the person has a prior conviction of Cyber Stalking within the preceding ten years. (C) In addition to the penalties provided in this section, a person convicted of Cyber Stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both.

66


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Preliminary Jury Instructions (Note: NOT to be read to the jury on the day of the mock trial competition.)

The Court hereby approves the following preliminary jury instructions in the above-captioned case. It notes that the presentation of evidence at trial may warrant additional instructions, and it will consider those instructions at a later date.

A.

Opening Instruction You have been selected and sworn as the jury to try the case of the State of South Carolina against Kinsley Williams. The defendant is charged with the offense of Cyber stalking. The information in this case is the formal method of accusing the defendant of crimes. The information/indictment is not evidence and you should not allow yourselves to be influenced against the defendant by reason of the filing of the information. The defendant has pled not guilty. A plea of not guilty puts in issue each element of the crime with which the defendant is charged. A plea of not guilty requires the State to prove each element of the crime beyond a reasonable doubt. The defendant is presumed innocent of the crimes and this presumption continues unless and until after consideration of all the evidence you are convinced of his/her guilt beyond a reasonable doubt. The defendant must be found not guilty unless the State produces evidence which convinces you beyond a reasonable doubt of each element of the crimes. It is your responsibility as jurors to determine the facts from the evidence, to follow the law as stated in the instructions from the presiding judge,

67


and to reach a verdict of not guilty or guilty based upon the evidence and to determine punishment should you find the defendant guilty.

B.

Closing Instruction It is your responsibility as jurors to determine the facts from the evidence, to follow the rules of law as stated in these instructions, to reach a fair and impartial verdict of guilty or not guilty based upon the evidence, as you have sworn you would do. You must not use any method of chance in arriving at a verdict, but must base your verdict on the judgment of each juror.

C.

Introduction Now that all the evidence has been presented, it is my duty under the law to give you the instructions that apply in this case. The instructions contain all rules of the law that are to be applied by you, and all the rules of law by which you are to weigh the evidence and determine the facts in issue in deciding this case and in reaching a verdict. You must consider the instructions as a whole and not as a part to the exclusion of the rest. All the testimony and evidence that is proper for you to consider has been introduced in this case. You should not consider any matter of fact or of law except what has been given to you while this court is or has been in session.

D.

Summary of Charges / Elements of the Charges The defendant, Kinsley Williams, is charged with two counts of Cyber stalking. The first count for transmission of a threat requires a showing that (1) words are transmitted (2) by use of a computer or other electronic device (3) for no legitimate purpose and (4) includes a threat to the person or family member. The second count for reasonable apprehension requiring a showing that (1) words are transmitted (2) by use of a computer or other electronic device (3) for no legitimate purpose and (4) with the intent (5) to cause the targeted person to fear or are more of the following: (a) death of the person or a family member, (b) assault upon the person or a family member, or (c) bodily injury to the person or a family member. “Electronic communication� is the transfer of data by use of an electronic device. To these charges, the defendant has entered a plea of not guilty.

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E.

Presumption of Innocence The defendant is presumed innocent of the crime charged, and the presumption continues unless, after consideration of all the evidence, you are convinced of his/her guilt beyond a reasonable doubt. The State has the burden of presenting the evidence that establishes guilt beyond a reasonable doubt. The defendant must be found not guilty unless the State produces evidence which convinces you beyond a reasonable doubt of each element of the crime. “Beyond a reasonable doubt” is “proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs.”3

F.

Evidence-Definition Evidence is the testimony received from the witnesses under oath, stipulations made by the attorneys, and the exhibits admitted into evidence during the trial.

G.

Evidence - Inferences You should consider only the evidence introduced while the court is in session. You are permitted to draw such reasonable inferences from the testimony and exhibits as you feel are justified when considered with the aid of the knowledge which you each possess in common with other persons. You may make deductions and reach conclusions which reason and common sense lead you to draw from the fact which you find to have been established by the testimony and evidence in the case.

H.

Information/Indictment Not Evidence The information/indictments in this case are the formal method of accusing the defendant of a crime. This is not evidence of guilt, and the law is that you should not allow yourselves to be influenced against the defendant by reason of the filing of the information/indictment.

I.

Judicial Rulings The Court has made rulings in the conduct of the trial and the admission of evidence. In so doing I have not expressed nor intimated in any way the weight or credit to be

3

State v. Aleksey, 343 S.C. 20, 28, 538 S.E.2d 248, 252 (2000) (quoting United States v. Gonxalez-Balderas, 11 F.3d 1218, 1223 (5th Cir. 1994)).

69


given any evidence or testimony admitted during the trial. Nor have I indicated in any way the conclusions to be reached by you in this case.

J.

Objections From time to time during this trial, the attorneys have made objections that I have ruled on. You should not speculate upon the reasons why objections were made. If I approved or sustained an objection, you should not speculate on what might have been said or what might have occurred had the objection not been sustained by me.

K.

Credibility of Witnesses It is your responsibility to determine the credibility of each witness and the weight to be given the testimony of each witness. In determining such weight or credibility, you may properly consider: the interest, if any, which the witness may have in the result of the trial; the relation of the witness to the parties; the bias or prejudice of the witness, if any has been apparent; the candor, fairness, intelligence, and demeanor of the witness; the ability of the witness to remember and relate past occurrences, the means of observation, and the opportunity of knowing the matters about which the witness has testified. From all the facts and circumstances appearing in evidence and coming to your observation during the trial, aided by the knowledge which you each possess in common with other persons, you will reach your conclusions. You should not let sympathy, sentiment or prejudice enter into your deliberations, but should discharge your duties as jurors impartially, conscientiously, and faithfully under your oaths and return such verdict as the evidence warrants when measured by these instructions.

M.

Punishment You are only concerned with the guilt or innocence of the defendant. You are not to concern yourselves with punishment.

N.

Closing Instruction After you have retired to consider your verdict, select one of you as foreperson and enter upon your deliberations. When you have agreed on a verdict, your foreperson alone will sign it, and you will, as a body, return it in open court. Your verdict must be

70


unanimous. Forms of verdict will be furnished. You will now listen to the argument of counsel, which is a proper part of this trial.

O.

Verdict Form A copy of the verdict Form approved by the Court is attached hereto as Appendix A. IT IS SO ORDERED, this the 29th day of July, 2008.

Hon. Judge H. Myers Honorable District Judge H. Myers

71


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Appendix A VERDICT

We, the jury, empaneled and sworn in the above-entitled cause, do, upon our oaths, find as follows:

Defendant is:

COUNT 1 – Cyber stalking (Transmission of Threat) Guilty Not Guilty

COUNT 2 – Cyber stalking (Reasonable Apprehension) Guilty Not Guilty

Foreperson

72


WITNESSES and AFFIDAVITS

73


WITNESSES PROSECUTION Jamie Anderson Casey Wallner Ashton Hopp

(Alleged Victim) (Jamie Anderson’s Roommate) (York County Police Investigator Assigned to Case)

DEFENSE Kinsley Williams

(Alleged Cyber Stalker)

Blain Albert

(Computer Sciences Teacher)

Pat Clifford

(School Webmaster)

73


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

1

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Statement of Jamie Anderson

My name is Jamie Anderson and I am currently a senior at Winston High School,

2

an elite boarding school. I live on campus in Bedford Hall, one of the co-ed upper class

3

dorms on campus. My problems occurred in my senior year living in Bedford Hall.

4

I requested assignment on this residence hall because I knew so many of the student

5

residents, the place started to feel like home.

6

74

) ) ) ) ) ) ) ) ) ) ) ) )

I signed up for the campus chat room the school sponsors as part of my class

7

registration. The teachers use the chat room to post assignments and lead discussions

8

outside of class. A lot of the students, like me, also used the chat room to keep up with

9

each other.

10

Every time you sign on to the chat room you must read and accept the chat room

11

policies. This basically tells us that the campus authorities monitor user activity and that

12

a red panic button is at the bottom of each screen. The red panic button is supposed to

13

open a message for you to send a complaint or report a problem with the chat room.

14

I guess it is supposed to protect students. I think that most of the students think the

15

release is a joke. I do not think any of us took the release seriously before my incident.

16

I do not think clicking “accept� before joining the chat room is really a deterrent if

17

someone wants to bend the rules.


1

School started Monday, August 20th. In the second week of school I logged onto

2

the law chat room to see if anyone understood the lecture that morning about Palsgraf4.

3

I do not know who answered my question since the school asked us not to reveal our

4

actual names, address, telephone numbers, or other personal information in the chat

5

rooms. I thought the response was helpful. After that first positive experience, I visited the chat room more often. In addition

6 7

to discussing school work, there would often be movie reviews, discussions about

8

books, and information on good places to eat. I am not very computer literate, but

9

I could use the chat room and my campus e-mail account with no problems. I have classes with Kinsley Williams. We had to do an oral report on a famous

10 11

person in history. Kinsley’s report on Jack the Ripper was right after mine on September

12

4th. Kinsley gave the report from the perspective of Jack the Ripper. Kinsley acted like

13

Jack the Ripper was answering questions at a press conference. It was a painful report

14

to listen to. I guess I am a bit more sensitive than some. Kinsley described all five Jack

15

the Ripper murders in gory detail and even showed pictures of all the victims through the

16

last victim, Marie Kelly. Kinsley’s report almost made me ill. Kinsley seemed to enjoy

17

the class’s discomfort. I asked the teacher if I could be excused in the middle of the

18

report. I was that upset. I remember that I first noticed some reference to my nickname, which is Jam, in

19 20

the general chat room later that week. Some kids in the dorm call me “Jam” because

21

I get in some sticky situations. And my real name is Jamie, so it sort of fits. My chat

22

room and e-mail user names are both the same, Jammin@WHS and

23

Jammin@WHS.exc. In hindsight, I should have been more careful in choosing user

24

names and e-mail addresses. I have trouble remembering my password, so I just used

25

“password.” My user name and password are different now. 4

Palsgraf v. Long Island R. Co., 248 N.Y. 339, 162 N.E. 99 (NY Ct. App. 1928).

75


1

When I logged into the chat room, I saw that someone had posted a message on

2

the day before: “JAM is in the window exercise all you want my friend…u won’t be able

3

2 run fast enough.” My first thought on reading that was that I had been joking around

4

the night before doing some jumping jacks and running in place in the dorm room. My

5

room is on the second level so I rarely bother to close the blinds, because no one can

6

really see in the room. I sort of calmed myself down by telling myself that I wasn’t a

7

jogger, so it must not have really been meant for me. But, I did show the message to my

8

roommate Casey. Casey sort of shrugged it off at first.

9 10

messages started simply enough. “JAM has jam in their shoes – always the last one

11

down the basketball court.” Then, I saw the statement that made me shiver: “JAM and

12

marie kelly sitting in a tree now for K-I-L-L-I-N-G.” Things got worse after that.

13

Casey and I were both convinced that someone knew that I was Jammin@WHS

14

and was trying to prank me somehow. I first thought someone was just trying to get my

15

attention, but some of the other lines started to really get to me and I started having

16

trouble sleeping and would constantly look over my shoulder wherever I went. Casey

17

and I started going places together or not going out at all. This made going to class

18

difficult, but we worked it out between us so that I would not be alone walking on

19

campus.

20

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There were some other messages on the board that got me worried. The

On Wednesday, October 3rd, there was a bunch of chatter about a visiting

21

professor from the Winston University Law School who spoke that afternoon about the

22

First Amendment’s right on freedom of speech. But buried in the discussion were more

23

statements that I’m convinced were about me. I still remember the line: “i am closer to

24

breaking open JAM than u think.” And then, “u can keep ur friends around u but the

25

clock is ticking - time is on my side.” The next day someone wrote: “time is running out

26

my JAMMIN friend maybe we can meet in the alley?” Casey and I saw the threat at the


1

same time and Casey said that maybe we should notify someone on campus about all of

2

postings that were mentioning me. I said I would think about it. I guess I was trying to

3

talk myself out of being afraid

4

The following Monday I read an e-mail with a blank subject line. The message

5

was from user@WHSLib, which meant it was from one of the campus library computers.

6

There you can sign on as a general student using the user@WHSLib and use the

7

password “student.” It’s totally anonymous. The e-mail read: “Don’t walk alone at night.

8

That is me behind you. You could be sorry. You could be dead.” Someone had figured

9

that my screen name and e-mail address were the same!

10

We were really scared. Casey and I turned off the computer in our room and

11

went right to the campus police station. The campus police called the York County

12

authorities and they all met with Casey and me. That’s when I learned how high-tech our

13

campus computer system really had been. Every chat room discussion had been

14

captured fully and was stored in the campus servers. They had access to every chat

15

room discussion. Then all they had to do was search for “Jam” or “Jammin” and they

16

found some other references I didn’t know about.

17

The campus police and school personnel asked if I had any idea who might be

18

targeting me. I said I thought of one person, but really didn’t want to say because

19

I wasn’t sure. I was relieved when their investigation led them to Kinsley Williams. I just

20

don’t know why Kinsley chose me as a target.

21

Once the police became involved, there were only two more references to me in

22

chat room discussions. They also crossed the line and are included in the complaint

23

against Kinsley Williams. One appeared on Wednesday, October 10th and referred to

24

Jam or Jammin, and included mention of not studying alone. It was then I remembered

25

that I would asked about homework that day. It must have been pretty easy for Kinsley

26

Williams to figure out that Jammin@WHS was me.

77


1

Now that I think about it, the teasing I got in the cafeteria a few days later makes

2

more sense. Casey and I saw Kinsley in the cafeteria at lunch on October 15th.

3

I accidentally dropped my peanut butter and jelly sandwich off my lunch tray when I was

4

turning to leave after getting my drink. Everyone in the cafeteria laughed. That’s when

5

Kinsley said, and we both heard it perfectly, “There goes Jammin at Winston High

6

School, The Jam, falling hard on the floor.” When Kinsley said “The Jam,” he/she made

7

the little quotation marks sign with his/her hands and laughed a pretty scary laugh that

8

I heard over everyone else. I grabbed Casey’s arm and took off down a side hallway.

9

Kinsley was just staring at us when we left the cafeteria. The comments user

10 11

“Shockwave” made later that afternoon made me really uncomfortable. The messages stopped right after Kinsley was arrested. During the whole

12

investigation we were told to keep on using the chat room and not discuss the

13

investigation with anyone. WITNESS ADDENDUM

14 15 16 17 18 19

Signed,

20

Jamie Anderson

21

Jamie Anderson

22 23 24 25

78

I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct.

SIGNED AND SWORN to me before On the day of this round of the 2008 South Carolina Middle School Mock Trial Competition.

26

William Smith

27 28 29

William Smith, Notary Public State of South Carolina My Commission Expires: 07/02/2010


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Statement of Casey Wallner

My name is Casey Wallner and I am Jamie Anderson’s roommate at Winston

1 2

High School. Our dormitory room is on the second floor of Bedford Hall. Kinsley

3

Williams also lives in Bedford Hall. All of us were in the same classes and we all knew

4

each other in passing.

5

Jamie and I use the chat room. It is good for getting an assignment you missed

6

when you were sick or even discussing what went on in class. Jamie enjoyed using the

7

chat rooms—it was a useful tool—until things got strange. I just know that Kinsley

8

Williams has been harassing my friend Jamie Anderson. The semester started as usual. The problems started after Labor Day weekend

9 10

when Kinsley Williams gave an oral report on Jack the Ripper. Soon after that someone

11

started posting messages in the chat room about Jamie. I remember the first message

12

that I saw. It was late in the evening and Jamie asked me to read something that was

13

posted the same morning about doing exercises in the room or something. That didn’t

14

seem that bad, but later the messages kept coming. I thought it was just a prank at the

15

time.

16

I wasn’t scared, but I remember that Jamie got real freaked out after seeing

17

“Jam” and “Jammin” appear in some of the messages. Jamie pretty much stopped

18

opening the blinds in the morning, answering the phone, or going out on runs. The

79


1

messages freaked Jamie out so much that Jamie was scared to be alone and decided to

2

stick close to me. The messages kept coming.

3 4

assignments. I guess I was sort of curious to find out who was sending the messages to

5

Jamie. After about the third mention of “Jam” some of our friends suggested that we

6

should go to the campus police. Jamie and I decided to handle it ourselves.

7

I was worried when Jamie stopped eating. Jamie wouldn’t go to the dorm

8

cafeteria or any of the local campus restaurants alone. We asked other friends to bring

9

us food almost daily. When we were out, Jamie would grab something that was already

10

prepared and quick to eat. I was afraid to explain why Jamie was acting so strange, so

11

I just said we were working on a class project and couldn’t get away from the computer

12

that long.

13

I think Jamie lost about ten pounds. Night after night, I would wake up to see

14

Jamie just sitting there, or peeking through the closed blinds, or listening at the doorway.

15

I tried to offer some support. After all, there is a dorm alarm system, the doors are

16

usually kept locked and we have to use keys to get onto the resident floors, and we had

17

the phone right there. But it didn’t help.

18

80

We couldn’t stop using the chat room, because we needed it to check on our

I can’t remember ever discussing with Jamie the possibility of clicking on the red

19

panic button on the chat room web page. I think we may have considered it, but decided

20

that the school must be monitoring the page anyway. I remember finally reading the

21

registration page--the chat room is not considered private. I guess that maybe in the

22

backs of our minds we thought that someone would be watching and know that

23

something was wrong. No one ever contacted us to check to see if we were alarmed or

24

concerned or anything like that.


1

When Jamie read the e-mail on Monday, October 8th, Jamie decided to contact

2

the police. We printed out all of the chat screens and took them to the police. The date

3

on our excerpts is the day we printed out the whole string.

4

The campus police said they started watching the chat room. They told us to

5

keep logging on and using the computer in our room to use the chat room. We did. It

6

felt sort of good knowing that someone else was watching out for us and would catch the

7

creep red-handed. Jamie was scared to visit the chat rooms. Sometimes I would log on

8

as Jamie since I already knew Jamie’s password was “password.” After a day or so of

9

not getting any more messages, Jamie started logging in the chat room again. Jamie

10

was pretty scared and never wanted to be alone. Jamie closed the blinds and kept our

11

door locked up tight.

12

It didn’t take long after we reported the problem to the campus police for us to get

13

some answers. The computer guys told us that they thought the chat room messages

14

had been sent from the Bedford computer lab. Jamie really freaked and started talking

15

about quitting school.

16

We contacted the campus police again after an incident in the cafeteria the day

17

before Kinsley was arrested. Jamie was in front trying to get his/her drink quickly to get

18

back to the dorm room when Jamie’s tray accidentally fell on the floor. Everyone, except

19

me and Jamie, started laughing. I heard all sorts of comments. That’s when I saw

20

Kinsley sitting at a table in the middle of the cafeteria with a bunch of other students.

21

I heard Kinsley make a comment about broken Jam or not crying over spilled Jam.

22

I didn’t like how Kinsley was acting and the other people at the table were laughing and

23

saying things about Jamie, like making fun of the nickname, “The Jam.” Jamie grabbed

24

my arm and literally pulled me out of the cafeteria. Kinsley is such a pain. Jamie didn’t

25

sleep well that night.

81


1

Finally, the next day the police arrested Kinsley Williams. I knew it! The chat

2

room messages referring to Jamie stopped immediately. Guess that sort of proves that

3

Kinsley must have been the one doing all that nasty stuff.

4

Kinsley Williams may be using the defense that someone else is probably using

5

his/her passwords and codes. That’s funny. Kinsley knows more about computers than

6

anyone in the class. Kinsley is always in the computer lab. I keep a pretty accurate

7

calendar of where I’m supposed to be and when, because when I get too busy

8

I sometimes forget stuff. After Kinsley Williams was arrested, I wrote in all of the days

9

that Jamie got the scary e-mails on my calendar. I can confirm 100% that the

10

discussions took place on the dates they did.

11 12 13 14 15 16 17 18 19

Casey Wallner

20

Casey Wallner

21 22 23 24

82

WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed,

SIGNED AND SWORN to me before On the day of this round of the 2008 South Carolina Middle School Mock Trial Competition.

25

C.M. McCormack

26 27 28

C.M. McCormack, Notary Public State of South Carolina My Commission Expires: 12/08/2010


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

1

) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Statement of Ashton Hopp

My name is Ashton Hopp, I am a York County police officer assigned to the

2

police force’s “Cyber Crimes Task Force.” Prior to attending college, I served four years

3

in the Navy as a computer technician on board the U.S.S. Reliant. I have a degree in

4

computer science from Winston University. I graduated with honors ten years ago and

5

went right to the police academy. I received special training in computers and on-line

6

security issues with the York County Police Department. This is my second year on the

7

Cyber Crimes Task Force. As part of my job, I go around to the local schools and help

8

them with their computer labs. I was on duty when Jamie Anderson and Casey Wallner

9

arrived at the Winston High School security offices on October 8, 2007. I helped with the

10 11

preliminary interviews and investigations. It’s routine for Winston High School campus police and the York County Police

12

Department to cooperate fully when something happens on campus or a student has a

13

complaint. We have a long history of cooperation and support for each other’s offices

14

and authority. I was called in to take statements, so if a civil or criminal investigation

15

ensued, there would be a proper chain of evidence.

16

When I arrived Anderson and Wallner were already at the Winston High School

17

security offices. Anderson was highly agitated and nervous. My first thought was that if

18

we don’t get Anderson calmed down, we are not going to get good information from the

83


1

interview. So, I set out to calm Anderson and Wallner down and offered them sodas and

2

sat with them for a while. After they relaxed, Anderson kept exhibiting nervous

3

tendencies like hand wringing, twisting and turning in the chair, standing and pacing the

4

floor. The friend, Wallner, was not nearly as nervous, but I guess that is because

5

Anderson was the target of the messages and e-mails.

6 7

place through computer on-line chat rooms. Approximately a week after I first met with

8

them, there was a face-to-face confrontation that had also upset them both. Evidently

9

Kinsley Williams saw Anderson and Wallner in the cafeteria and made some teasing

10 11

remarks towards Anderson that were taken as threatening by both of them. By the time the incident in the student cafeteria occurred, the campus police had

12

already called the computer technical staff to retrieve the chat room conversations that

13

had taken place in the past month. Knowing how efficient the computer staff at Winston

14

High School can be, I knew we’d have the information very quickly.

15

Wallner offered to bring in a day planner that referenced when the messages

16

were read by Anderson. However, when I followed up, Wallner informed me that the

17

calendar could not be located.

18

84

Initially Anderson and Wallner said that all of the communications had taken

We asked Wallner and Anderson to continue using the chat room to draw out the

19

person or persons who were making the threats. Anderson did not want to continue

20

chatting. Anderson was fearful -- you could see his/her face go pale and hands tremble.

21

Wallner asked what we hoped to learn by continuing the chat room. I suppose they had

22

thought that simply reporting the problem would make it go away, but that is not how

23

investigations work. We sometimes need help to find out which computer was used and

24

by whom and with what pass code. Wallner then offered to help Anderson with the

25

investigation.


1

I am aware that Winston High School has in place monitoring software that

2

automatically alerts security staff when certain words or phrases are used in the chat-

3

rooms on campus. It is called the “Shark program.”

4

Students who are computer savy still don’t understand that monitoring software

5

cannot protect them. There is a lot of personal information on the internet that is readily

6

available to anyone who wants to take a little time to look for it. For example, I probably

7

could narrow a search for a particular student at Winston High School to less than six

8

students based on chat rooms, networking sites and public documents. Therefore,

9

someone can use MySpace to start their search. They can get the city and state their

10

victim lives in, their age, and most importantly their picture. From the same source they

11

know that the victim is thirteen years of age. They can assume that the victim is in

12

middle school. A simple MapQuest search will give all the middle schools in that city.

13

Along with pictures from MySpace and pictures from the school’s website, this

14

hypothetical but real person can figure out where the victim goes to school. The

15

school’s website can give bus schedules and class schedules. If the victim plays sports,

16

then our subject can figure out when and where our victim’s games are going to be held.

17

This is all without having a conversation face-to-face.

18

Based on the school’s on-campus search, we were able to trace the e-mail dated

19

October 5, 2007, and the chat room discussion to the computer lab in Bedford Hall. The

20

computer lab is open, but the computer monitors are arranged in such a way that the

21

monitors are completely private.

22

Students register their user names and passwords when they sign their school

23

year registration paperwork, which is in addition to the on-line acknowledgement that

24

they click on when they enter the chat room. The written forms are locked in the website

25

administrator’s office

85


1

We were able to determine the individual using the user name “Shockwave” and

2

“SirVive2008” sent the messages. These are the usernames used by Kinsley Williams.

3

The password for both of these usernames was “password.” Both usernames appear on

4

the printouts of the chat room discussions in question. The message on September 5th

5

about the window incident was sent from computer number 15. All of the other

6

messages were sent from computer number 2. Williams alleges his/her username and password from last year, which was

7 8

“SirVive2008” and “password,” were written on a textbook he/she used during the

9

previous school year. We have yet to locate that particular book. The school library has

10

duplicate versions of the book, but none have the writing on the inside cover Kinsley

11

Williams says should be there. In an interview, library personnel indicated that they do

12

not make an effort to clean or erase markings off returned classroom textbooks. I do not recommend using any of the top ten passwords5 that people usually use

13 14

on the internet. Also, there is some responsibility that students should not write any

15

personal information, like a password, personal code, etc., on a book that they do not

16

plan to keep. Even if computer accounts are no longer being used, or go stagnant, they

17

can still cause problems. If there is a lesson to be learned here, in addition to the

18

seriousness of computer threats, it is that personal information should be guarded.

5

PC Magazine has listed the top 10 passwords, counting up to number one, as: (your first name); blink182; password1; myspace1; monkey; letmein; abc123; qwerty; 123456; and password.

86


1 2 3 4 5 6 7

WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed,

8

Ashton Hopp

9

Ashton Hopp

10 11 12 13 14 15 16 17 18 19 20

SIGNED AND SWORN to me before On the day of this round of the 2008 South Carolina Middle School Mock Trial Competition.

Romulus Jones Romulus Jones, Notary Public State of South Carolina My Commission Expires: 01/27/2010

87


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Statement of Kinsley Williams

1

My name is Kinsley Williams and I am a senior at Winston High School. I live in

2

Bedford Hall, the same dorm where Jamie Anderson and Casey Wallner live. Although

3

I have never had a problem with Jamie Anderson, Casey Wallner and I have never

4

gotten along. I admit without reservation that I use the on-line chat room offered by the

5

school. I have never threatened anyone by e-mail or chat room despite what others may

6

say.

7

I know that everyone talks about me. I should start by saying that I really like

8

watching all of the true crime shows on TV. I like the shows on the History Channel and

9

A&E -- those real-life mysteries aren’t as cartoonish as the forensic shows or other crime

10

TV shows. I plan on majoring in psychology at college. I want to become a clinical

11

psychologist to help post-traumatic stress disorder patients recover from their traumas.

12

I feel like I am studying for my career every time I watch these true crime stories. The

13

interviews and stories told by the survivors are usually really interesting.

14

88

) ) ) ) ) ) ) ) ) ) ) ) )

I guess that because I’m such a serious student, I am often perceived to be an

15

outsider. I know I’m a bit of an over-achiever and often accept extra credit assignments,

16

especially if they allow me to expand on my interest with the true crime dramas. One

17

report that I am particularly proud of was my report on Jack the Ripper. This story is so

18

interesting because almost none of the current crime forensic techniques were around


1

during that time period. There are so many stories about the murders that they all have

2

conflicting conclusions. I was trying to be the person to solve the mystery. It took a lot

3

of effort but I was excited! I figured out a pattern to the killings based on the

4

photographs that were taken of the victims. Of course, these photographs were a big

5

part of my presentation. The pictures aren’t anything worse than you see on TV.

6

I painted in some color on the photographs to help illustrate my points. The crimes are

7

much more vivid in color! I remember distinctly that when I made the comment that the

8

pools of blood next to the last victim, Marie Kelly, were described by some witnesses like

9

pools of strawberry jelly. One student got up and walked out. I didn’t know who that was

10

at the time. It is obvious, now, that that same student is lodging a complaint against me.

11

I use the school chat room a lot. I don’t have my own computer, so I use the

12

computer lab. Because I am not always in the computer lab, when I log on I always read

13

everything that was posted since I last logged off. Everyone knows that I use the

14

computer on the aisle closest to the door. I am a people watcher, and you can see all the

15

way down the hallway through the window in the lab when you are sitting at the second

16

computer.

17

I deny using the chat room improperly. I have often ridiculed the general chat

18

room population because most of them barely know how to turn on the computer, but

19

I have never targeted an individual. I only admit to writing two statements. The first is

20

the statement “JAM was late 2 class again” one day. I was responding to another post

21

I saw earlier that day. I thought the person was making up something — I was just

22

playing along. I had no idea that “Jam” was someone’s nickname. It became clear that

23

someone was using my information to play a joke on “Jam.” I thought the best way to

24

determine who was using my information would be to figure out who “Jam” was. This

25

way I could narrow the potential suspects that were using my information. In fact, I was

26

getting close to learning “Jam’s” true identity and I wrote a message later that said, “i am

89


1

closer 2 breaking open JAM than u think.” Prior to that time, I didn’t even know who Jam

2

was so I how would I know that Jam played basketball.

3 4

in the window exercise all u want my friend… u won’t be able 2 run fast enough;” And

5

“JAM like marie kelly sitting in a tree now for K-I-L-L-I-N-G.” Who cares when Jamie was

6

exercising? The other thing looks like a prank to me. Who would write something like

7

that knowing that the school was reading everyone’s e-mails and everything?

8 9

I am absolutely convinced that someone has been using my password. I didn’t think that there would be a problem with someone stealing my password for the school’s

10

homework discussion pages, so I just used “password” as my password so I wouldn’t

11

forget it. When I found out someone was using my user name I was determined to learn

12

who it was.

13

Although I use the computer lab computers a lot, I am not there all the time.

14

I don’t have my own computer, so I must rely on the date and time that the computer lab

15

is open and I have to plan my computer usage around the computer lab hours of 7am to

16

10pm weekdays. I have heard that other students know how to get in the computer lab

17

after hours when it is closed, but I promise I have never been in the computer lab after

18

hours myself.

19

90

I completely deny having anything to do with the two statements that say: “JAM is

I think that someone in the chat room was messing with Jamie by adding to my

20

chat room post. I even think I know how it was done. I’ve asked Pat Clifford if I’m right.

21

I think if you ask Pat, you’ll find that anyone could have logged into the chat room using

22

my personal information and added words to my comments after I logged off. That is,

23

someone was editing what I wrote before. This is especially true if someone used the

24

computer in Bedford Hall after I logged off.

25

People are also making a big deal about me making fun of Jamie in the cafeteria.

26

Since when has laughing at someone been a crime? Right before that happened, I over


1

heard someone say that Jamie’s nickname was “Jam.” When Jamie dropped his/her

2

sandwhich, I blurted out something clever about his/her sandwich. Big deal! I was a

3

little concerned when Casey Wallner kept staring at me. Jamie grabbed Casey’s arm

4

and pulled Casey outside the cafeteria. Jamie was being a fool and acting so afraid. It

5

was pretty childish. After I found out who Jam was, I went to the computer lab to figure

6

out who had been changing my messages. I logged on for about an hour reviewing old

7

chat logs.

8

Someone’s pranking both Jamie Anderson and me. I know I have written my

9

personal password from last year for the chat room on the inside cover of a forensics

10

textbook from last year. I returned the book to the school library. Who would want to

11

pretend to be me anyway? So someone could be making this look like it’s coming from

12

me, when it isn’t.

13

The police asked what computer usernames I registered with the school. This

14

year I registered the username “Shockwave” with a password “password.” Last year,

15

I registered under the username “SirVive2008” with the same password: “password.”

16

I am absolutely positive that whoever has the textbook from last year is the person

17

you’re looking for. Again, I am willing to admit to making some of the statements, or

18

participating in some of the discussions, but my intent was not to harass anyone.

19

I thought all along I was in an educational conversation, a learning experience, you

20

know?

21

By the way, someone tells me that Jamie received an e-mail from one of the lab

22

computers away from the door. I wish they would fingerprint all those computers over

23

there. I don’t like using the computers away from the door. Ask anyone, no one has

24

every seen me use any computer except computer two in the computer lab.

91


WITNESS ADDENDUM

1 2 3 4 5 6 7

Signed,

8

Kinsley Williams

9

Kinsley Williams

10 11 12 13 14 15 16 17 18

92

I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct.

SIGNED AND SWORN to me before On the day of this round of the 2008 South Carolina Middle School Mock Trial Competition.

P.U. Faulkenberry P.U. Faulkenberry, Notary Public State of South Carolina My Commission Expires: 02/04/2011


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

1

) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Statement of Blain Albert

My name is Blain Albert and I am a Computer Sciences teacher at Winston High

2

School. I teach computer science, computer ethics, and advanced technology and

3

research. I’ve been serving in my capacity as head of the computer technology division

4

for four years. I helped to draft the text for the Winston High School Chat Room home

5

page and usage policy. I frequently lecture on privacy issues and computer lab designs.

6

I encourage my students to use the on-line chat room and discussion

7

opportunities as a safe and efficient way to expand their studies. It is important for

8

students to realize early on that our student chat rooms are not meant for entertainment,

9

they are meant as learning and communication tools. They should be used for open

10

dialogue. Students are encouraged to utilize the chat rooms, and to adhere to the rules

11

and guidelines set forth by the school and my fellow teachers. For example, I tell my

12

students to be particularly aware of message length, continuity of discussion and

13

articulate responses that can keep the discussion flowing. Short is always better. Brief

14

phrases are easier to respond to and keep the discussion going without lengthy delays

15

that can create confusion.

16 17

Some students arrive on campus experienced with computer chat rooms. Others experience a bit of timidity when they first use the tool, but with some encouragement,

93


1

these students learn how the medium works and are able to use it efficiently within a

2

matter of weeks.

3

What students sometimes do not understand is that there can be a number of

4

“conversations� going on simultaneously and they need to process the discussions to

5

weed out what is relevant to their particular discussion.

6 7

disturbing. I have been in meeting after meeting with school administrators and teachers

8

to try to determine whether or not the chat rooms should be shut down. There seems to

9

be the overwhelming responses from the student body that they want the chat rooms to

10

continue, but with additional monitoring by campus officials.

11

It was one of my responsibilities to supervise the on-line chat rooms. I take that

12

responsibility very seriously. It was my decision to include the red panic button feature

13

that students can click if they feel discussions are getting out of line or crossing into a

14

territory that makes them feel uncomfortable. The red panic button has never been used

15

during this academic year. Quite often students take it upon themselves to admonish

16

other students in the chat lines that ask inappropriate questions or use unacceptable

17

language. I’m very proud of the Winston High School students. They are behaving in a

18

very adult manner.

19

Unfortunately, during the month of September 2007, I was off campus for

20

additional computer training in Redmond, Washington. Because of my class schedule,

21

I did not check the chat room like I usually do at least three to four times a day.

22

Generally, I log on routinely and read discussion threads to see how students are using

23

the chat room and if there are problems with the equipment, etc.

24 25

94

Having a problem like this arise on the Winston High School campus is

This particular allegation is the first time in the history of the chat room that such a threat has been observed. It is my personal opinion that the language does not rise to


1

the level of cyber stalking; however, as a school official, I need to be aware of all

2

investigations and allegations so I reviewed all the chat room discussions in question.

3

I am concerned that there may be some unauthorized use of a student’s

4

password. Based on our records, one of the alleged offensive statements occurred on

5

October 3, 2007. I see some unauthorized use problems between the earlier entry:

6

“I am closer 2 breaking open the JAM than u think” and a later entry: “u can have ur

7

friends around u but the clock is ticking - time is on my side.” There’s a twenty minute

8

break or lapse in the discussion. That is plenty of time for Kinsley Williams to have

9

logged off and left the building and someone else, an unauthorized user, to enter, log on

10

and use Kinsley’s password to continue the conversation and issue the threatening

11

second phrase. I’ve seen this problem before.

12

Unauthorized use, if indeed that is what happened in this situation, is a serious

13

infraction of the campus rules. A year ago, the school experienced an on-line prank

14

when a student, who I will call “John,” left a computer workstation without logging off. He

15

did not protect his e-mail account. The next student who sat down at the station realized

16

that he had the opportunity to play a joke on the student named John and sent out a

17

rather innocent message to the chat room that indicated that John was madly in love

18

with Ashley. This embarrassed both John and Ashley, who had never really spoken to

19

each other. I was able, in class, to call attention to the breach and discussed the

20

misconduct, which violated school policy and academic integrity of the chat room. The

21

resulting gossip from the incident was innocent and no one was hurt. And the prankster

22

issued a verbal and written apology to the parties he pranked. This offered a valuable

23

learning experience to everyone involved in the chat room. I have not seen that type of

24

prank since.

95


1 2 3 4 5 6 7

I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed,

8

Blain Albert

9

Blain Albert

10 11 12 13 14 15 16 17 18 19 20 21

96

WITNESS ADDENDUM

SIGNED AND SWORN to me before On the day of this round of the 2008 South Carolina Middle School Mock Trial Competition.

Betty Lou Williams Betty Lou Williams, Notary Public State of South Carolina My Commission Expires: 08/27/2011


STATE OF SOUTH CAROLINA COUNTY OF YORK

STATE OF SOUTH CAROLINA, vs. KINSLEY WILLIAMS, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) )

FORTY-SIXTH JUDICIAL CIRCUIT COURT OF GENERAL SESSIONS

2008-GS-46-1285 2008-GS-46-1286

Statement of Pat Clifford

1

My name is Pat Clifford and I run the computer technology lab at Winston High

2

School. I am in charge of the computers in the lab as well as the lab itself, the school’s

3

website and chat room. The school refers to me as their webmaster. In fact to call this a

4

“chat room” is not completely correct. It is much more like a message board since

5

students can see and comment on previous conversations. Additionally, students are

6

able to edit previous messages that they personally posted. For example, if a student

7

asks what the reading assignment is for the next class and someone replies, “Chapter

8

Six,” then the person who replied meant to say chapter seven then they could correct

9

their previous post.

10

It is also my responsibility to facilitate the students’ access to the school’s chat

11

room. In doing so, I made sure that every one of the school’s computers links directly to

12

the chat room with the appropriate user names and passwords. User names and

13

passwords are assigned when students fill out their registration paperwork at the

14

beginning of the school year. I personally enter the information from these forms which

15

are then entered into the school’s database. The paper forms themselves are locked in

16

a file cabinet in my office. Once I have entered the information from the forms, the

17

students then have access to the schools’ internet resources using the user names and

18

passwords they have selected.

97


1 2

that they are aware of the red panic button option in case they felt there were problems.

3

I had some help writing the language. By clicking “agree” the students “sign” the page

4

acknowledging that they read the chat room rules. Those rules prohibit the abuse of the

5

system, hacking, and unauthorized use – like using someone’s password without their

6

knowledge, and other common sense rules. The school expects all students to

7

understand and abide by the chat room usage rules.

8

I think the chat room has a lot of potential, but I don’t think it’s being used as the

9

school had first envisioned. At the outset, teachers would go to use the chat room to

10

expand on classroom discussions and pose challenging questions to the students for

11

additional debate. That never happened. Blain Albert is the only faculty responsible for

12

reading all the chatter that goes on.

13

Usually the discussions are about assignments: what’s due when; why the

14

teachers give so much to read; do you have something somebody needs or wants; etc.

15

Since Blain Albert was not present in the month of September, I monitored the chat room

16

off and on and can tell you that there was no earth breaking news out there.

17

As the school’s webmaster, my responsibilities include maintaining the archives

18

of all chat room discussions. These archives are maintained generally for two years.

19

I read the transcripts of the conversations in question. I fail to see why any of the

20

language created this uproar. I found none of it to be particularly threatening. But, I’m

21

not an 18-year-old student away from home. I suppose if I were out there without a

22

good support system, and if I got in into my head that someone was mad at me or didn’t

23

like me, some of the wording could be construed as vaguely threatening. But it does not

24

cross the line as cyber stalking. There’s just no basis for it.

25 26

98

I created a web page for the students to click on every time they logged on so

It’s incredibly common for students to forget their passwords and use someone else’s for a few seconds to get an assignment…and that’s after all the nagging we do to


1

tell them to keep that kind of information strictly confidential. Students also, quite

2

commonly, write their usernames, passwords, e-mail addresses and other information

3

on the covers of books or notebooks. I’ve even seen this kind of information written on

4

some students’ hands. Maybe there’s a false sense of security because the students all

5

know that the faculty, advisors, and campus security are supposed to monitor the chat

6

discussions.

7

There’s been a bit of a fuss between the campus security office and the

8

computer technology folks regarding security-screening devices that are supposed to

9

filter discussions to look for particular words or phrases. It’s my feeling that the Shark

10

Filtering software isn’t nearly sophisticated enough. Even words we find offensive can

11

be used in sentences, especially in intellectual discussions or debates, so that they lose

12

their offensive nature and become part of a very positive discussion. For instance, pick

13

a phrase like “kill you”, which initially sounds terrible, unless it is used in a phrase like,

14

“those shoes will kill you if you wear them too long.” I think “murder you” has been

15

filtered once, and that was a student warning another that if he got caught doing

16

something “Your parents are going to murder you.” We let that kind of thing slip by. We

17

have never had a filtered phrase appear in a sentence that would infer a direct threat.

18

The filter can only pick up complete words, which is something anyone familiar with

19

these types of programs would know.

20

I’ve met Kinsley Williams. Kinsley seemed to be exceptionally bright. Kinsley

21

bought me a candy bar for helping with a search for finding information on recent true-

22

life cases where computers were used to commit a crime. I remember that we met in

23

the afternoon because I got a Three Musketeer candy bar and I thought it was funny that

24

it was 3 o’clock. After that day, I started noticing Kinsley more in the computer lab.

25 26

Often Kinsley was in lab alone early in the mornings, but also was there at all hours of the day. The computer lab is open from 7am to 10pm on weekdays. The lab

99


1

has reduced hours on weekends and is closed for teacher in-service days and in the

2

evening of every second Wednesday in the month for servicing the computers and

3

performing other routine maintenance. Students sometimes rig the door to the computer

4

lab open when the maintenance is being performed in order to access the lab when it is

5

closed or after hours. I know this because I have found computers that I turned off the

6

night before on when I opened the computer lab the next morning. I do not know who

7

these students are because they have never been caught.

8

100

Some folks seem to think that Kinsley has a bit of an odd streak. I am not at all

9

sure that is true. I just saw a very intelligent and motivated student who wanted to seek

10

answers. In any event, I do not believe Kinsley is capable of stalking anyone. I should

11

know, as I have been combating cyber crime such as this through my involvement with

12

the Cyber Angels, a watchdog group of volunteers who work closely with the law

13

enforcement agencies to address and monitor on-line abuse and cyber crime. I am on a

14

special team that is responsible for answering e-mails from people that are being stalked

15

on-line. Victims are given information regarding how to protect themselves and how to

16

turn a predator in. From my personal experience, Kinsley does not fit the profile.


1 2 3 4 5 6 7

WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed,

8

Pat Clifford

9

Pat Clifford

10 11 12 13 14

SIGNED AND SWORN to me before On the day of this round of the 2008 South Carolina Middle School Mock Trial Competition.

15

Cynthia Smiley

16 17 18

Cynthia Smiley, Notary Public State of South Carolina My Commission Expires: 10/31/2011

101


102


103


EXHIBITS

104


EXHIBITS AVAILABLE TO BOTH PARTIES The parties stipulate that the following exhibits may be entered without objection as to authenticity:

EXHIBIT #

EXHIBIT DESCRIPTION

1

Chat Room Home Page

2

On-line Chat Room Usage Policy

3

Diagram of Bedford Hall Computer Lab

4

Photograph 1 - Computer Lab from Door

5

Photograph 2 - Computer Lab from Computer 2 to Door

6

Photograph 3 - Computer Lab from Computer 15 to Door

7

Bedford Hall Computer Lab Calendar

8

Excerpts from Message Board / Chat Room

9

E-Mail

The parties reserve the right to dispute any other legal or factual conclusions based on these items and to make objections to these items based on other evidentiary issues.

103


Exhibit 1: Chat Room Home Page

Welcome to Winston High School’s On-line Student Chat Room.

User Name

Password

LOGIN

No inappropriate language, racially degrading remarks, or sexually explicit language. Respect the opinions of others. Provide accurate information when discussing class assignments. Be aware of the panic and discipline systems used in this chat room.

A. Panic: There is a red panic button at the bottom of each chat room page found in the bottom right hand corner. If you are alarmed or concerned regarding on-line discussions, feel free to click on the red button, which will alert school personnel to the problem.

B. Discipline: Winston High School reserves the right to monitor the chat room message boards 24/7. School monitors are authorized to act on behalf of the school if they feel action should be taken to close the chat room to protect the integrity of the site and ensure the safety of our users. Remember, message board /chat room discussions are not private.

Privacy Waiver: Information contained in this communication is neither privileged nor confidential. You have signed a waiver of privacy, which is secured and filed in the Webmaster’s office. This page and the sub-pages may be monitored by the campus office of information technology and security personnel. Campus authorities will address any misuse and serious infraction of chat room rules may lead to loss of campus privileges, expulsion or criminal prosecution. Infractions should be reported to campus police or to the Dean of Students by dialing 9999 on any campus telephone.

104

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Exhibit 2: On-line Chat Room Usage Policy

All students using the On-line Chat Room must read and accept this release before being able to join a discussion group. Students who are found to have violated this Usage Policy will be barred from further use of the On-line Chat Room and may face civil or criminal penalties, depending upon the violation. Students violate Winston High School’s On-line Chat Room Usage Policy when they engage in any of the activities listed below. This is not an exclusive list; other activities not listed may be prohibited at the discretion of Winston High School. • Hacking and related activities are strictly prohibited. Hacking includes, but is not limited to, illegally or without appropriate school authorization accessing computers, accounts or networks, penetrating or attempting to penetrate school computer security measures, port scans, stealth scans, and other activities designed to assist in hacking. • Obscene, defamatory, abusive or threatening language or context is strictly prohibited. Use of the Winston High School On-line Chat Room to post or transmit, or otherwise make available obscene, defamatory harassing, abusive or threatening language is prohibited. • Pornography is strictly prohibited. Use of the Winston High School On-line Chat Room to post or transmit, or otherwise make available any pornographic, obscene or other inappropriate materials are strictly prohibited. • Any activity meant to cause disruption or interference with the Winston High School On-line Chat Room is prohibited. Actions meant to harm, disrupt or threaten to disrupt services, business operations, reputation, goodwill, student and/or student relations, or the ability of Winston High School students to effectively and safely use the Winston High School On-line Chat Room are prohibited. If Winston High School finds any violation of the Usage Policy, Winston High School may take appropriate actions to stop or correct such violation, including, but not limited to, shutting down the On-line Chat Room and/or removing information. In addition, Winston High School reserves the right to monitor and retain electronic copies of all communication posted through its On-line Chat Room for security purposes and for purposes of quality assurance. Violation received by Winston High School regarding the use or misuse of the On-line Chat Room may be forwarded to campus or other appropriate law enforcement authorities for investigation and resolution. Student users of the Winston High School On-line Chat room are encouraged to maintain strict levels of secrecy and confidentiality to guard their personal information due to the fact that message board / chat room discussions are not private. If a breach or personal on-line security has been noted or is suspected, students are advised to immediately change their passwords and/or e-mail user names. Serious breaches of security may be reported to campus administration, campus police, the Winston High School webmaster and/or the Dean of Students.

ACCEPT

DECLINE 105


EXHIBIT 3: Diagram of Bedford Hall Computer Lab

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= Computer Station

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2

1

= Computer Table

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EXHIBIT 4: Photograph 1 - Computer Lab from Door

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EXHIBIT 5: Photograph 2 - Computer Lab from Computer 2 to Door

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EXHIBIT 6: Photograph 3 - Computer Lab from Computer 15 to Door

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EXHIBIT 7: Bedford Hall Computer Lab Calendar

AUGUST 2007 SUNDAY

MONDAY

TUESDAY

WEDNESDAY 1

THURSDAY 2

3

SATURDAY 4

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20 Welcome Back! 27

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CLOSED 6-10pm

FRIDAY

SEPTEMBER 2007 SUNDAY

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

SATURDAY 1

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3 Labor Day CLOSED

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12 CLOSED 6–10pm

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OCTOBER 2007 SUNDAY

MONDAY 1

TUESDAY 2

WEDNESDAY 3

THURSDAY 4

FRIDAY 5 Tchr. In-Svc. CLOSED

SATURDAY 6

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10 CLOSED 6–10pm

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Exhibit 8: Excerpts from Message Board / Chat Room Computer Lab is closed on holidays, teacher in-service days and the second Wednesday of each month for routine maintenance from 6 – 10pm.

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Wednesday, September 5, 2007 Cannonball enters the chat room [7:00am] Cannonball:

thx 4 the homework update Jammin…. i guess i have more pgs… ☺ [7:02am]

Micahforce enters chat room at 7:03am Micahforce:

yeah we are supposed 2 read 2 pg 414 - i am reading it a breakfast [7:05am]

Jammin@WHS enters chat room at 7:10am Jammin@WHS:

hey yall it is 2 early 4 this [7:11am]

SirVive2008 enters Chat room at 7:17am Yankeegirl enters chat room at 7:18am Cannonball: Micahforce:

i would rather be outside than in on a day like today [7:19am] just walked by the lake - joggers are out in force go track team [7:20am]

Jammin@WHS:

i am going out now 2 get some sunshine and exercise

SirVive2008: Micahforce: Cannonball: Jammin@WHS:

JAM is in the window exercise all u want my friend… u won’t be able 2 run fast enough [7:20am] jam u run the track team? if u do…run fast and win! [7:22am] jam, if u r on the team…then fly! [7:23am] not track my game is b-ball 7:24am

☺ [7:20am]

Jammin@WHS exits the chat room 7:25am SirVive2008: Cannonball:

not on the team but practice nonetheless in the window [7:30am] sirvive2008 UR creepin me out - I HAVE GOT CLASS I AM SIGNING OUT [7:31am]

SirVive2008 exits chat room at 7:31am AllThumbs:

Cannonball U kno you dont [7:32am]

*** Iceman: SirVive2008:

tell professor elvis that i cannot make class because i have not finished my fried peanut butter and banana sandwich [9:30am] JAM was late 2 class again [11:45am]

***

Monday, September 17, 2007 *** Maverick enters the chat room [10:30am] SirVive2008 enters the chat room [10:31am] Braddock enters the chat room [10:31am] Maverick:

coach card had everyone running sprints who showed up late 2 gym [10:31am]

Yankeegirl enters the chatroom [10:32am]

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Braddock: Maverick: SirVive2008: Maverick: Braddock:

i had 2 run extra in gym today but I was not even late [10:33am] he has a short fuse when people show up late…even if u r on time [10:34am] JAM has jam in their shoes – always the last one down the basketball court [10:35am] i am always flying out in front i never know who is late [10:38am] who is going 2 the football game on friday? [10:50am]

Jammin@WHS enters the chat room [11:00am] SirVive2008 exits the chat room [11:00am] Jammin@WHS exits the chat room [11:03am] Yankeegirl: Braddock: Maverick: Braddock: Maverick:

i will be there who r u going with? [11:04am] i will be there with Larry and Darryl and his other brother Darryl [11:06am] r u lookin’ for a date yankeegirl? [11:07am] i am lookin 4 a wing man maverick [11:08am] not cool [11:09am]

Maverick exits the chat room [11:10am] Yankeegirl:

i will go alone thx [11:10am]

Yankeegirl exits the chat room [11:11am] Braddock exits the chat room [11:11am]

***

Monday, September 24, 2007

SirVive2008 enters the chat room [7:06am] SirVive2008:

JAM and marie kelly sitting in a tree now for K-I-L-L-I-N-G [7:07am]

SirVive 2008 exits the chat room [7:07am] KCWallner enters the chat room [7:10am] Jammin@WHS enters the chat room [7:16am] Jammin@WHS exits the chat room [7:16am] KCWallner chat session times out [7:30am]

***

Wednesday, October 3, 2007

Cannonball enters the chat room [7:14am] Yankeegirl enters the chat room [7:14am] ShockWave enters the chat room [7:15am] Cannonball:

i need the notes on yesterday’s presentation on the1st amendment [7:16am]

Jammin@WHS enters the chat room [7:16am] Yankeegirl: Cannonball: Jammin@WHS:

i have them u can get them from me [7:17am] who r u? [7:18am] u know u r not supposed to identify yourself in the chat room [7:19am]

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ShockWave: Cannonball: Yankeegirl:

i am closer 2 breaking open JAM than u think [7:20am] dude…give it a rest who r u? [7:21am] shockwave u should hook up with sirvive2008 u both seem very interested in jam [7:21am]

Jammin@WHS exits the chat room [7:21am] Yankeegirl: Cannonball:

u r going 2 make jammin hit the panic button. [7:22am] i would have already hit the button [7:23am]

ShockWave exits the chat room [7:24am]

*** Goose: Yankeegirl: Cannonball:

i think the point is that there is a thin line between freedom of speech and speech that endangers people [7:38am] u cannot yell out “FIRE” in a crowded theater just to see what will happen [7:39am] of course not but what if u r on the street corner speaking out against the war and encouraging people 2 break the law by not registering 4 selective service? [7:39am]

ShockWave enters the chat room [7:40am] Goose: ShockWave: Cannonball:

u r just repeating what the speaker said last night QUIT WASTING MY TIME! [7:41am] u can keep ur friends around u but the clock is ticking - time is on my side [7:42am] shockwave what is your deal with JAMMIN? [7:43am]

ShockWave exits the chat room [7:44am] Cannonball:

i guess shockwave does not want 2 answer [7:45am]

***

Thursday, October 4, 2007 *** ShockWave enters the chat room [7:51am] ShockWave:

time is running out my JAMMIN friend maybe we can meet in the alley? [7:52am]

ShockWave exits the chat room [7:52am]

***

Wednesday, October 10, 2007 *** ShockWave enters the chat room [6:45pm] Yankeegirl: Goose: Maverick: Iceman: Yankeegirl: Jammin@WHS: ShockWave:

i am swamped with homework [6:46pm] maybe u should not be on line as much then [6:46pm] u r 1 2 talk [6:47pm] goose is on line all the time but we do have waaaaaaaaay 2 much homework. [6:47pm] u r no help [6:48pm] i finished everything but government i can finish it after practice [6:52pm] maybe JAMMIN will be the next marie kelly do not go anywhere alone do not even finish your homework alone [6:57pm]

ShockWave exits the chat room [6:57pm] Cannonball:

dude! the joke is so over it was not funny the first time [6:58pm]

***

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Monday, October 15, 2007 *** ShockWave enters the chat room [12:45pm]

*** ShockWave exits the chat room [1:45pm]

*** ShockWave enters the chat room [1:50pm] Yankeegirl: Cannonball: Goose: Yankeegirl: Jammin@WHS: ShockWave: Yankeegirl:

how about the drama at lunch today? N e 1 catch it? [1:56pm] i feel bad for jamie that was pretty embarrassing in front of the whole school [1:57pm] i know i dropped my tray last week [1:58pm] yeah jamie and casey sure took off in a hurry [1:59pm] i am still embarrassed but dropping the tray was not as bad as the comments made by kinsley williams [1:59pm] i hope you enjoyed your last lunch it will only be a peanut butter sandwich when the “JAM� is gone u will be well preserved [2:00pm] THIS IS RIDICULOUS I AM OUT OF HERE [2:01pm]

Yankeegirl exits the chat room [2:01pm]

***

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Exhibit 9: E-Mail

Jamie Anderson From: Sent: To: Subject:

user@WHSLib.exc Friday, October 5, 2007 8:01PM Jammin@WHS.exc

Don’t walk alone at night. That is me behind you. You could be sorry. You could be dead.

Printed 10/8/2007 – 4:07PM

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2008 SC Middle School Mock Trial Case