1 2015 Tennessee High School Mock Trial Case Materials Copyright 2014, Tennessee Bar Association Young Lawyers Division 2015 TENNESSEE STATE HIGH SCHOOL MOCK TRIAL COMPETITION CASE MATERIALS IN THE CRIMINAL COURT FOR BIG ORANGE COUNTY, TENNESSEE AT NEYLAND STATE OF TENNESSEE, ) ) PLAINTIFF, ) No cr ) V. ) ) ELISHA LANE, ) ) DEFENDANT. ) EXHIBITS The following exhibit names are meant for identification purposes only. This list is not a stipulation, and teams still must rely on the rules of evidence to have any proposed exhibit admitted into evidence. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G Accident scene photographs taken by Detective Morgan Parker The Big Orange News article Quinn Rex curriculum vitae Elisha Lane certified conviction Yearbook autograph page supplied by Kendall Stone Willamette Hayden D Souza curriculum vitae EDR report
2 INCIDENT SCENE PHOTOS BIG ORANGE COUNTY SHERIFF S DEPARTMENT DATABASE Incident date: October 18, 2013 Location: Highway 17, Big Orange County Date: November 29, 2013 Photographer: Det. M. Parker Description: Photograph of rock slide at accident site. EXHIBIT A
3 Date: October 18, 2013 Photographer: Khalil McMackins Description: Wreckage of motorcycle driven by Clarence White. Photograph taken by bystander who later provided to law enforcement.
4 Whistleblower Pilot Turned Crusader Plans New Local Base Nancy Dew, The Big Orange News Alex Jones, a former Air Force pilot with ties to the Big Orange County area, recently returned to the area after his discharge from the military. Jones reached the rank of captain before separating from the military due to his controversial role in the criticism directed towards a high- tech fighter jet. Although he claims Big Orange County roots through extended family, Jones was reared at various military bases across the United States. He chose to follow in his father s footsteps, a 20- year Air Force veteran with service in the Vietnam War. Jones quickly rose through ranks, but his service turned sour shortly after he was selected to pilot a new fighter jet. The Pentagon highly publicized the aircraft, billing it as the next major technological breakthrough in military aviation. The Pentagon would not confirm rumors that the jet is actually a hybrid rocket, which routinely reaches 90,000 feet in elevation. Jones, citing his unwavering loyalty to the job, the uniform and the country, refused comment as well. Jones, however, was the first of several to sound the alarm when oxygen delivery systems began to malfunction. He asserts that the military s failure to quickly remedy the problem nearly cost him his life. While the Pentagon did not return requests for comment, inside sources intimated that Jones had a medical condition that negatively interfered with his ability to pilot the jet. Although the Air Force has taken some action, Jones s function as a squeaky wheel finally earned him the grease. In late 2012, Page 2 Sunday, May 12, 2013 The Big Orange News EXHIBIT B
5 Jones was dishonorably discharged after allegedly attempting to bribe a four- star general s executive assistant. Jones denies the allegations, describing them as the Air Force s heavy- handed way of silencing him. Since his return to Big Orange County, Jones continues to travel extensively in attempts to raise the public s awareness of the military s decisions. He plans to reside in Big Orange County for the foreseeable future.
6 QUINN REX, PH.D 2110 Big Orange Boulevard, Shraderville, TN EXECUTIVE SUMMARY Reconstructed 100 crashes involving passenger vehicles, tractor- trailers, pedestrians, motorcycles and a shopping cart. Deposed in Shrader County, Tennessee and Cobujo County, Tennessee. Evidence given on the following issues: impact speed analysis, time/distance analysis, point of perception, seat- belt usage, point of impact placement, etc., etc., ad infinitum, etc. Expert in Cobujo County Common Pleas, Shrader County Common Pleas and Brushtown Municipal Court EDUCATION Big Orange University Ph.D. in Accident Reconstruction Dissertation: Boom, Clap: The Debris Goes On and On and On and On [Honors: Dissertation passed with Distinction ] VFL University M.S. in Criminal Justice Thesis: It Came in Like a Wrecking Ball: Shocking Progress Toward Obscurity, Collisions Between Moving Vehicles and Stopped Ones Big Orange University B.S. in Criminal Justice Areas of Concentration: Law Enforcement Minor: Italian Dolphin Watching Honors Paper: Never Go in against a Sicilian when Death is on the Line: The Betrayal of Italian Dolphins by the Sicilian Porpoises in the Mediterranean Sea AWARDS Ring of Fire Award, Walk the Line National Sobriety Testers Association Best Ever Reconstructionist, Big Orange Traffic Accident Reconstruction Association Italian Dolphin Advocate of the Year, La Società Delfino Italiano CERTIFICATIONS National Highway Traffic Safety Administration D.U.I. Detection and Standardized Field Sobriety Testing Instructor ARAS360 Trainer Certification Bosch CDR Technician and Analyst Certification Crash Data Retrieval (I.P.T.M.) Visual Statement Accident Reconstruction Software Certification Total Station Forensic Mapping Certification Private Investigator (Tennessee License # ) A.C.T.A.R. # (Accreditation Commission for Traffic Accident Reconstruction) Auto Accident Reconstructionist (I.P.T.M.) Advanced Dolphin Watcher, American Dolphin Watching Association May 2011 April 2011 February 2010 December 2008 September 2008 June 2005 May 2005 September 2004 July 2004 December 2003 RELEVANT COURSES/TRAINING Course: Advanced 3D Computer Assisted Diagramming for Crash Reconstruction," Topics: Toolbar Interface 101, Class Projects, Drawing Tools, Surfacing, Adding Points, Animation, Simulation, Syncing Objects, Pedestrian Crashes, Camera Operation and Views, Momentum Tool, ARAS Genius Math Software Introduction, Merging Measurement Logs, Creation of AVI video files. April 23-25, (24 Hours) Course: "Advanced Crash Reconstruction Utilizing Human Anger Research,": Topics: Nighttime Recognition, Headlight Analysis, How to Objectively Account for Expectancy and Landslides, Pedestrian Walking and Skipping Speeds, BigMart Electric Grocery Cart Effects on Parking Lot Rage Accidents, Driver Response to EXHIBIT C
7 QUINN REX, PH.D Potential Hazards, Acceleration Rate Research, Perception- Response Time, Brake Response Time, Leg Movement Time, Vehicle Latency Times, Time to Search, Crash Rate due to Speed Choice, Preparing Displays and Videos for Proper Court Perspective, Speed Estimation, Influence of Weather on Speed Choice, Distraction versus Visual Noise and Effect on Driver Response, Scientific Support for Starting Point for Time/Distance Calculations, Avoidance Analysis. Northsouthern University Centre for Public Safety, Instructor: Peregrine Artemis, March 21-25, (40 Hours) PAGE 2 Course: "Rotational Mechanics with Chevy Cars and Motorcycles." Topics: Use of Radians, Rectilinear Motion vs. Rotational Mechanics, Determining Revolutions, Review of Quadratic Equation, Explanation of Moment Arm, Angular Momentum, Parallel Axis Theorem, Speed Calculations Using Angular Momentum and Rotational Mechanics. Cobujo Police Academy, Instructor: Det. Andrew Mitch, BSME, ACTAR, February 11, (6 Hours) Course: Expert Testimony in Accident Reconstruction, hosted by Cobujo Police Department at Northcoast Polyganol Institute, Instructor Henry Major, ACTAR # October 25, 2006 (8 Hours) RELATED EXPERIENCE [State of Tennessee Crash Department] present Member of the largest crash reconstruction department in the world. State of Tennessee Crash Department provides crash, collision and accident investigation and reconstruction services, including solving impact speeds, calculating point of impact, 3D Animations and all other related accident reconstruction services. [President of B.O.T.A.R.A. (Big Orange Traffic Accident Reconstruction Association)] Serves as a forum for education and mentoring. [Tennessee State Licensed Private Investigator] present [Rex Checks] State Licensed and A.C.T.A.R. accredited auto accident reconstructionist business dedicated to the investigation and reconstruction of vehicle accidents involving passenger cars, motorcycles, trucks, pedestrians and bicycles. [Shraderville Police Department] Duties: Assigned to Traffic Division 1999 Fatal Auto Accident Investigator; November 2005 Lieutenant in charge of Road Patrol; December 1998 to November 2005 Sergeant in Charge of Traffic Division; Auto Accident Reconstructionist, President/Founder of B.O.T.A.R.A. (Big Orange Traffic Accident Reconstruction Association), Write and Coordinate Traffic Grants, D.U.I. Taskforce Coordinator, C.A.L.E.A. Policy Accreditation Program Manager PUBLICATIONS, PAPERS, AND LECTURES "Rex Checks: A Computer Program for Simulating Passenger Kinematics and Dynamics in Automobile Collisions" Virtual Seminar Presentation, WannaBeAReconstructionist.com, "Review of Methods for Crash Analysis of Cars and Shopping Carts" Lecture Presentation, Las Vegas, NV, "Holla Holla Hot Shocks Awesome Taillights and Driving With Them" Seminar Presentation, Physiological Basis in Law Enforcement Engineering, VFLU, "Why Don t You All Just Fade Away Skid Marks and the Roadway" Lecture Presentation, Tennessee Association of Licensed Investigators (TALI), Shraderville, TN, Itty Bitty Two- Wheelers Lecture Presentation, Shrader County Bar Association, "First Things First: Accident Reconstruction is the Realist" Lecture Presentation, Case Studies and Computer Animation Demonstrations, Shraderville Trial Lawyers, Shraderville, TN, 2008.
8 QUINN REX, PH.D LANGUAGES English native language Dolphin Italian PAGE 3 MEMBERSHIPS ACTAR (Accreditation Commission for Traffic Accident Reconstruction) Certified Society of Automotive Engineers (SAE) Society of Accident Reconstructionists (SOAR) Accident Reconstruction Network (ARC Network) National Association of Professional Accident Reconstruction Specialists (NAPARS) Big Orange Traffic Accident Reconstruction Association (BOTARA) Association for the Advancement of Automotive Medicine (AAAM)
9 IN THE CRIMINAL/CIRCUIT COURT OF SHRADER, TENNESSEE Case No. 12-cr-297 Count No. 1 Counsel for the State: Sam Firestone Judicial District: 45 Judicial Division: Counsel for the Defendant: Amory Claim State of Tennessee Retained ý Private Attorney Appt Pub Defender Appt vs. Defendant: Elisha Lane Alias: N/A Date of Birth: (redacted) Social Security Number: (redacted) Indictment filing date: July 18, 2012 JUDGMENT ý Original Amended Corrected Comes the District Attorney General for the State and the Defendant with counsel of record for entry of judgment. On the 9th day of December, 2012, the Defendant: ý Pled Guilty Dismissed/Nolle Prosequi Indictment: Class: A B C D E ý Felony Misd. Pled Nolo Contendere Indicted offense, TCA: Shoplifting over $500, Pled Guilty Certified Question Findings Incorporated Amended offense, TCA: by Reference. Offense date: Jan. 4, 2012 County: Shrader Is found: ý Guilty Not Guilty Conviction offense, TCA: Shoplifting under $500, Jury verdict Not Guilty By Reason of Insanity Conviction: Class A B C D E Felony ý Misd. Bench Trial Sentence Imposed Date: Dec. 9, 2012 After considering the evidence, the entire record, and in the case of sentencing, all factors in Tennessee Code Annotated Title 40, Chapter 35, all of which are incorporated by reference herein, it is ORDERED and ADJUDGED at the conviction described above is imposed hereby and that a sentence and costs are imposed as follows: Sentence Reform Act of 1989 Offender Status (Check One) Release Eligibility (Check One) Mitigated Mitigated 20% Agg. Rob w/ Prior 100% Concurrent with: Pretrial Jail Credit Periods(s) ý Standard Mitigated 30% Multiple Rapist 100% From to Multiple Standard 30% Child Rapist 100% N/A From to Persistent Multiple 35% Child Predator 100% From to Career Persistent 45% Repeat Violent 100% Consecutive to: From to Rep t Violent Career 60% 1st Degree Murder From to Agg Rob 85% Drug Free Zone N/A Violent 100% Gang Related Sentenced To: TDOC ý County Jail Work House Sentence Length: Years 11 Months 29 Days Hours Life Life Without Parole Death OTHER: Credit time served; all suspended upon completion of 24 hours community service and payment of costs. Court Ordered Fees and Fines Costs to be Paid by: Restitution: Victim Name: $ Court Costs ý Defendant State Address: $ Fine Assessed Total Amount: $ $ Traumatic Brain Injury Fund Per Month: $ $ Drug Testing Fund (TN Drug Control Act) $ CICF Unpaid Community Service: 24 Hours $ Other L. Scheduled-Member s/ L. Scheduled-Member 12/09/2012 Judge s Name Judge s Signature Date of Entry s/ A. Claim Counsel for State(optional) Defendant/Counsel for Defendant EXHIBIT D
10 ls TDeusHA: r«*\n VcAftSSomi/y now. PU'^vscv,^^Kr 'to call w *hi3 summer. i\iii()0 *H )IIS l«*5,< Co<( iab a 19 Jfitf ^ ^ 5^< / N Ov ^ fv jvm* fc ***. ^ ^ «5 # 4> JJ Miss u. NOT. \ <fc x > 4 */" 1 I!m\ i;.\1',i1:i.!>.i.:.i;m.:i EXHIBIT E
11 WILLAMETTE H. D SOUZA, PH.D D SOUZA RECONSTRUCTIONISTS 1924 Thorburg Lane * Neyland, Tennessee Souza.net Your case will go smootha when you stick with D Souza! PROFESSIONAL SUMMARY Expert in accident reconstruction. Can make sense of a scene when no one else can. SKILLS & ABILITIES On the Design tab of the ribbon, check out the Themes, Colors, and Fonts galleries to get a custom look with just a click. Need another experience, education, or reference entry? You got it. Just click in the sample entries below and then click the plus sign that appears. EXPERIENCE MASTER RECONSTRUCTIONIST D SOUZA RECONSTRUCTIONISTS 2007-PRESENT I own this extraordinary company. I have reconstructed dozens of accidents in the past seven years. ACCIDENT RECONSTRUCTIONIST WILHEIM S REKONSTRUKTION OLYCKA This is where I learned to interpret the data of a vehicle s Event Data Recorder (EDR). The rest is history. EDUCATION BIG ORANGE UNIVERSITY, SHRADERVILLE, TN Ph.D, Accident Reconstruction, 2001 KAROLINSKA INSTITUTE, STOCKHOLM, SWEDEN M.S., Mechanical Engineering, 1999 WAGENINGEN UNIVERSITY & RESEARCH CENTER, WAGENINGEN, NETHERLANDS B.S., Mechanical Engineering, 1997 Continuing Education: Engine Failure Investigation and Analysis, SAE 2013 NYSTARS Combined Crash Conference, Atlantic City, NJ, October 2013 Motorcycle Crash Investigation/Reconstruction, Fishkill, NY, October 2012 Advanced Event Data Recording Training, Shraderville, TN January 2012 Tall Pedestrian and Bicycle Accident Investigation, Harrisburg, PA, October 2011 Lift Truck Safety, Lake George, NY, June 2011 Heavy Vehicle Air Brake Systems, Cohoes, NY, September 2011 Heavy Vehicle Crash Reconstruction, Ocean City MD, October 2009 Bendix Air Brake Systems, Ocean City, MD 2009 Critical Curve Speed, Oriskany, NY, June, 2009 Friction Materials for Light and Medium Duty Applications, Cohoes, NY, 2009 Hazards of Chevy Caprices, Lake George NY, May, 2009 Wheel Bearing Failure Analysis on Red Chevy Camaros, Cohoes, NY, May, 2009 Mortal Sins of Crash Reconstruction, Istanbul, Turkey, June 2008 Investigating Vehicle / Utility Pole Impacts, Atlantic City, NJ October, 2008 Investigating Crazy Crashes, Brussels, Belgium, July 2008 EXHIBIT F
12 LECTURES/ PUBLICATIONS Accident Reconstruction for the Eccentric Nomad Kiffin University, Tuscaville, AL; 2013 CDR Data Analyst Certification (Topics Included: Legal Considerations Related to CDR Data Admissibility; Types of Data Collected for GM, Ford and Chrysler Vehicles) Copenhagen University, Copenhagen, Denmark; 2012 Methodology and Techniques of Crash Data Retrieval, (Topics Included: Background of Event Data Recorders (EDRs)) Big Crash Reconstruction College, Willongong, Australia; 2012 Revolutions Per Minute: It s Not Just Science Continuing Education Seminar, Southeast Accident Reconstruction Society, Atlanta, GA; 2011 How to Investigate an Accident Scene Without Ever Visiting It Online Seminar, WannaBeAReconstructionist.com; 2010 Airbags Sind Gut Belgian Association of Reconstruction Specialists; 2009 PROFESSIONAL ASSOCIATIONS Accreditation Commission for Traffic Accident Reconstruction Southeast Accident Reconstruction Society - Charter Member Olycka Rekonstruktion Samhälle Professional Society of Forensic Mapping International Network of Collision Reconstructionists National Association of Professional Accident Reconstruction Specialists Society of Automotive Engineers Belgian Association of Reconstruction Specialists Southeastern Admiralty Law Institute American Rugby Association AWARDS BEST EDR DATA INTERPRETATION - Olycka Rekonstruktion Samhälle 2012 Reconstructionist Olympics AWARD OF EXCELLENCE - International Network Of Collision Reconstructionists 2011 CERTIFICATE FOR ACCURACY IN DATA INTERPRETATION - Society Of Automotive Engineers 2010 PAGE 2
13 IMPORTANT NOTICE: Richard Baldwin LLC and the manufacturers whose vehicles are accessible using the CDR System urge end users to use the latest production release of the Crash Data Retrieval system software when viewing, printing, or exporting any retrieved data from within the CDR program. Using the latest version of the CDR software is the best way to ensure that retrieved data has been translated using the most current information provided by the manufacturers of the vehicles supported by this product. CDR File Information User- entered VIN User Case Number EDR Imaging Date Crash Date File Name Saved On Collected with CDR Version Reported with CDR Version EDR Device Type Event(s) Recovered 1G1BL52PS9D WHDS May October E. Lane May Crash Data Retrieval Tool Crash Data Retrieval Tool 10.1 Sensing Diagnostic Module Airbag Deployment Data Limitations There are two types of recorded crash events. The first is the Non-Deployment Event. A Non-Deployment Event records data but does not deploy the air bag(s). The minimum SDM Recorded Vehicle Velocity Change that is needed to record a Non-Deployment Event is five MPH. A Non-Deployment Event may contain Pre- Crash and Crash data. The SDM can store up to one Non-Deployment Event. This event can be overwritten by an event that has a greater SDM recorded vehicle velocity change. This event will be cleared by the SDM after approximately 250 ignition cycles. This event can be overwritten by a second Deployment Event, referred to as Deployment Event #2, if the Non-Deployment Event is not yet locked. The data in the Non-Deployment Event file will be locked if the Non-Deployment Event occurred within five seconds of a Deployment Event. A locked Non-Deployment Event cannot be overwritten or cleared by the SDM. The second type of SDM recorded crash event is the Deployment Event. It also may contain Pre-Crash and Crash data. The SDM can store up to two different Deployment events. If a second Deployment Event occurs any time after the Deployment Event, the Deployment Event #2 will overwrite any non-locked Non- Deployment Event. Deployment Events cannot be overwritten or cleared by the SDM. Once the SDM has deployed an air bag, the SDM must be replaced. EXHIBIT G 1
14 All SDM recorded data is measured, calculated, and stored internally, except for the following: - Vehicle Status Data (Pre-Crash) is transmitted to the SDM by various vehicle control modules via the vehicle s communication network. - The Belt Switch Circuit is wired directly to the SDM. Multiple Event Data Associated Events not Recorded An Event(s) Preceded the Recorded Event(s) An Event(s) was In Between the Recorded Event(s) An Event(s) Followed the Recorded Event(s) The Event(s) Not Recorded was a Deployment Event 0 No No No No Pre-Crash Data Parameter - 10 sec - 9 sec - 8 sec - 7 sec - 6 sec Vehicle Speed (MPH) Engine Speed (RPM) Percent Throttle (%) Brake Switch Circuit State OFF OFF ON OFF OFF - 5 sec - 4 sec - 3 sec - 2 sec - 1 sec Vehicle Speed (MPH) Engine Speed (RPM) Percent Throttle Brake Switch Circuit State OFF OFF OFF OFF ON System Status at Deployment Airbag Warning Lamp Status Airbag Warning Lamp ON/OFF Time (sec) Number Ignition Cycles Airbag Lamp ON/OFF Continuously Ignition Cycles at Investigation Ignition Cycles at Event Ignition Cycles since DTCs Last Cleared Driver's Seatbelt Switch Circuit Status Passenger's Seatbelt Switch Circuit Status OFF BUCKLED UNBUCKLED 2
15 Rollover Sensor Status Vehicle Speed (MPH) Engine Speed (RPM) Percent Throttle Brake Switch Circuit State SDM Synchronization Counter Driver Deployment Loop Commanded Driver Pretensioner Deployment Loop Commanded Passenger Deployment Loop Commanded Passenger Pretensioner Deployment Loop Commanded Diagnostic Trouble Codes at Event Crash Record Locked Vehicle Event Data (Pre- Crash) Associated with this Event Event Recording Complete ERROR FREE ON YES YES YES YES NO YES YES YES Disclaimer of Liability The users of the CDR product and reviewers of the CDR reports and exported data shall ensure that data and information supplied is applicable to the vehicle, vehicle s system(s) and the vehicle ECU. Richard Baldwin LLC and all its directors, officers, employees, and members shall not be liable for damages arising out of or related to incorrect, incomplete, or misinterpreted software and/or data. Richard Baldwin LLC expressly excludes all liability for incidental, consequential, special, or punitive damages arising from or related to the CDR data, CDR software, or use thereof. 3