State of Independence vs. Sandy Townsend

2014-2015 CASE MATERIALS & COMPETITION RULES State of Independence vs. Sandy Townsend We extend gratitude to the Center for Civic Values, Albuquerque, New Mexico and the original authors of this Case. 1

The Mock Trial Program extends its gratitude for the generous support and assistance of: Aafedt Forde Gray Monson & Hager, PA Fredrickson & Byron Foundation Lawplicity, LLC Mankato Post Office Minnesota Continuing Legal Education Minnesota State Bar Foundation Oppenheimer, Wolff & Donnelly, LLP Ratwik Roszak & Maloney, PA Statewide Judicial Districts Thomson Reuters MSBA Animal Law Section MSBA Appellate Practice Section MSBA Art & Entertainment Law Section MSBA Children & the Law Section MSBA Civil Litigation Section MSBA Construction Law Section MSBA Corporate Counsel Section MSBA Family Law Section MSBA Labor & Employment Law Section MSBA Outstate Practice Section MSBA Public Law Section MSBA Public Utilities Law Section MSBA Solo & Small Firm Section MSBA Civil Trial Law Certification Board First District Bar Association Seventh District Bar Association Eighth District Bar Association Twelfth District Bar Association Eighteenth District Bar Association Thank you to over the 700 attorney volunteers that spend countless hours preparing teams and judging the competitions! Without your support, the program would not be a success! Visit the May Bench & Bar publication on our website to see who they are! Special thanks to the Mock Trial Advisory Committee! Committee members: Kristin Olson, Minnetonka, Chair; The Honorable Peter Cahill, Minneapolis; The Honorable Jim Dehn, Cambridge; Dyan Ebert, St. Cloud; Tara Ferguson Lopez, St. Cloud; Thomas Hanson, Prior Lake; Nicholas Hydukovich, Chisago; The Honorable David Lillehaug, St. Paul; William McGinnis, Rochester; H William Oosterman, Moundsview; Steven Ott, Winona; Robert Patient, Roseville; Steven Pattee, Lakeville; Wynne Reece, Minneapolis; Torrie Schneider, Bloomington; Marc Sebora, Hutchinson; Christian Shafer, Minneapolis; Amanda Sieling, Granite Falls; and The Honorable Mark Vandelist, Lakeville. Since 1986, the Mock Trial Program has been sponsored by The Minnesota State Bar Association 600 Nicollet Mall, Suite 380 Minneapolis, MN 55402 (612) 333-1183 or (800) 882-MSBA Visit the Mock Trial website at: http://msba.mnbar.org/public/mock-trial#.vclnr_ldv1y For further information, contact: Kim Basting, MSBA Mock Trial Manager kbasting@mnbar.org 2

To: From: Re: MSBA Mock Trial Program Participants Kristin Olson, Chair, MSBA Mock Trial Advisory Committee 2014-15 Mock Trial Program Date: October 17, 2014 On behalf of the Minnesota State Bar Association and the Mock Trial Advisory Committee, welcome to the 29 th season of the MSBA High School Mock Trial Program! We are proud to present to you these case materials and look forward to seeing the arguments you develop. The MSBA hopes that all the benefits of the Mock Trial Program will go far beyond the rewards associated with competing against one s peers, winning a round or two, or even the state title. The goals of Mock Trial include: 1) To develop a practical understanding of the way in which the American legal system functions. 2) To enhance cooperation and respect among educators, students, legal professionals, and the general community. 3) To help students increase basic life and leadership skills such as critical and creative thinking, effective communication, and analytical reasoning. 4) To heighten appreciation for academic studies and promote positive scholastic achievement. The mock trial website, located at http://www2.mnbar.org/mocktrial/index.htm, will be your source for information regarding the case and the tournament throughout the next several months. You will find timekeeper s sheets, score sheets, case clarifications, and other resources to help you prepare your case. The success of this program relies heavily on the hundreds of volunteers acting as coaches and judges; be sure to extend your gratitude to these individuals whenever given the chance throughout the season! Best of luck and enjoy the case! 3

TABLE OF CONTENTS Section One: Professionalism Performance Award & Professionalism Aspirations 5 Sources and Resources 9 Case Overview 18 Grand Jury Indictment 19 Statutes 20 Jury Instructions 21 Section Two: Witness for Plaintiff Detective Rae/Ray Taylor 24 Witness for Plaintiff Chris Long 28 Witness for Plaintiff Mickey Jameson 32 Witness for Defense Pat Gonzales 36 Witness for Defense Jean/Gene Wade 39 Witness for Defense Sandy Townsend 42 Section Three: Exhibit 1 Alleged Murder Weapon 46 Exhibit 2 Circle of Hope Incident Report 47 Exhibit 3 Silver Streak Café September Calendar Page 48 Exhibit 4 Prime Cuts Delivery Receipt 49 Exhibit 5 Community Hero Award Nomination Letter 50 Exhibit 6 Complaint Letter to JDP Chief 51 Section Four: Competition Rules 52 Minnesota Mock Trial Simplified Rules of Evidence 73 Sample Team Roster 84 Pre-Trial Conference 85 4

Section 1: MSBA Mock Trial Outstanding Professionalism Performance Award The MSBA Mock Trials are conducted with the same high professional standards expected of all attorneys and judges within the State of Minnesota. The Mock Trial Outstanding Professional Performance Awards were created by the MSBA Professionalism Committee to recognize Mock Trial participants demonstrating high professional standards while competing in Mock Trials. Student attorneys and judges are invited to nominate participants demonstrating high professional standards. Awards are given in three categories: individual, team, and attorney coach. 2014 Mock Trial Outstanding Professionalism Performance Award Recipients: (Individual) Dalton Foss, Sartell High School (Individual) Hannah Murphy, Maple River High School (Team) Edina High School We congratulate past recipients and challenge all 2015 participants to follow their example in conducting themselves as professionals and examples for all in the legal profession. Nomination forms are available on the Mock Trial website. In addition, all judges will be provided with forms during the competition. Nominations will be reviewed by the MSBA Professionalism Committee. Selection will be based on civility, courtesy, honesty, integrity and trustworthiness demonstrated during the 2014-2015 Mock Trial Competition. The Professionalism Aspirations and Attorney Core Value messages are resources to review to become familiar with these expectations. The MSBA Professionalism Committee looks forward to presenting the 2015 Mock Trial Outstanding Professionalism Performance Award at the 2015 State Tournament in Minneapolis on March 6, 2015. 5

Respect & Fairness A message from the MSBA Student & Professionalism Committees This is the second in a series of five messages regarding the core values in the legal profession that cover: 1) Respect & Fairness; 2) Service; 3) Honesty, Integrity, and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. This piece addresses Respect & Fairness. The cliché is true: we are guardians of our profession. The legal profession is one of the remaining selfregulating professions. It is an awesome responsibility and we must fiercely protect its integrity. Take the time now, while you are in a learning environment, to practice respect and fairness. Core Value: Respect & Fairness The Preamble of the Minnesota Rules of Professional Conduct states that: A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process. Rule 4.4 of the Minnesota Rules of Professional Conduct states: In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person. Examples In Action In a settlement conference, an Attorney cursed at opposing party and then refused to respond to her complaint. After an investigation the court stated: "Lawyers must be encouraged to represent their clients vigorously and we are hesitant in any way to interfere...; yet there is a line that should not be crossed and respondent has crossed it." Attorney s comment served no legitimate purpose and was made only to burden or embarrass the other person. In re Getty, 401 N.W.2d 688, 671 (Minn. 1987), - In re Getty, 401 N.W.2d.688, 671 (Minn.1987), www.courts.state.mn.us/lprb/fc051799.html www.courts.state.mn.us/lprb/fc051799.html What does this mean for me? Practicing core values forms solid skills: Respect does not necessarily mean agreement. It means independent regard of another s perspectives, ideas, and contributions. Disagree without being disagreeable. Fairness includes sharing resources in school and the community. We all use the same materials so be considerate of others. Listening. You cannot win an argument without first listening to and understanding your opponents, your colleagues and your future clients. Promote and celebrate diversity. Determine what diversity means to you. Familiarize yourself with different cultures, religious beliefs, and ideologies through clubs and organizations. Spirited Debate. Classroom debate should be spirited and zealous while remaining fair and respectful. Professionalism and ethics. Good lawyers are ethical, disciplined, and value their reputation. Your reputation never leaves you. Civility. The law community is surprisingly small. Act civilly in all your dealings. Your colleague may become your boss or a judge. Anger. Reflect before you act. For example, don t send a hostile e-mail in anger only to regret it later. 6

Public Service A message from the MSBA Professionalism Committee There are five core values in the legal profession: 1) Respect and Fairness; 2) Public Service; 3) Honesty, Integrity and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. Society depends upon lawyers to provide services to those who cannot afford them. But public service is more than just providing free legal services. It is about committing ourselves to civic engagement. As members of the legal profession we are obligated to give back to the community and make it stronger. Core Value: Pro Bono Service Rule 6.1 of the Minnesota Rules of Professional Conduct states that: [a] lawyer should aspire to render at least 50 hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should provide a substantial majority of the 50 hours of legal services without fee or expectation of fee to (1) persons of limited means or (2) charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means. The comment to Rule 6.1 calls pro bono service a professional responsibility and an individual ethical commitment of each lawyer. Examples In Action Some simple ways to serve others include volunteering in a local soup kitchen, reading books to children, volunteering with a restorative justice program, and volunteering with the Minnesota Justice Foundation (MJF). How wonderful it is that nobody need wait a single moment before starting to improve the world. Anne Frank Maintaining the value to serve others means that you: Actively participate in the community. Seek out volunteer opportunities which interest you. Why wait until after law school to begin serving those around you? Life will always be busy and there will always be competition for your time. By serving others as you build your legal career you begin forming the patterns that you should aspire to throughout your legal career. You are developing your credibility as a lawyer by living out the core values of the legal profession. Make time for others. No matter how busy you are, serving others should be high on your priority list. Use your special gifts and abilities to give back to your community. Lawyers have a privileged role in society. This privilege comes with responsibility to try to improve our communities. Treat others with fairness and respect. Recognize that we all contribute differently to a common goal. Make your goal the improvement of the common good. Seek to grow professionally by learning new areas of law and to grow personally by developing diverse relationships. Help others. Be committed to promoting equal access to the legal system and educate others about the law. What does this mean for me? Learn what resources are available in your community to assist others. When you cannot provide assistance yourself, be able to refer people to agencies that can help them. 7

Honesty, Integrity, & Trustworthiness A message from the MSBA Professionalism Committee There are five core values in the legal profession: 1) Respect and Fairness; 2) Public Service; 3) Honesty, Integrity, and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. People will rely on you to have the judgment and expertise to serve their legal needs. As a professional you are expected to know the law, the legal process, and how to interact with your clients. Core Values: Honesty, Integrity, & Trustworthiness Rule 8.4 of the Minnesota Rules of Professional Conduct states in part that: It is professional misconduct for a lawyer to: (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (g) harass a person on the basis of sex, race, age, creed, religion, color, national origin, disability, sexual preference or marital status in connection with a lawyer's professional activities; or (h) commit a discriminatory act, prohibited by federal, state or local statute or ordinance, that reflects adversely on the lawyer's fitness as a lawyer. Prefer a loss to a dishonest gain; the one brings pain at the moment, the other for all time. Chilon Resources: What does this mean for me? Meet commitments and deadlines. Allow enough time to get assignments and other commitments completed on time. Live up to the aspirations of the legal profession. Your behaviors should always measure up to the aspirations of the profession. Professional misconduct jeopardizes our ability to be selfregulating. Make your word your bond. Every day you are building the reputation that will stay with you throughout your career. Do what you say you are going to do. Protect Confidences. Recognize the conversations that you should not share with others. A casual social story may be a serious breach of confidence. If you are acting as a student lawyer, realize you have both an ethical and legal obligation to protect your client s confidences. Remind your peers when you hear disclosures that you think should be confidential. Candidly complete your applications. You place yourself at serious risk if you fail to be forthright and candid in your applications for employment and to the Bar. For additional resources on honesty, integrity, and trustworthiness in the legal profession, refer to: Association of Professional Responsibility Lawyers, http://www.aprl.net Legalethics.com, http://www.legalethics.com ABA Center for Professional Responsibility, http://www.abanet.org/cpr/home.html The Trusted Advisor by David H. Maister, Charles H. Green, Robert M. Galford 8

Competent, Prompt, and Diligent Representation A message from the MSBA Professionalism Committee There are five core values in the legal profession: 1) Respect and Fairness; 2) Public Service; 3) Honesty, Integrity, and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. People will rely on you to have the judgment and expertise to serve their legal needs. As a professional you are expected to know the law, the legal process, and how to interact with your clients. Core Value: Competence, Promptness and Diligence The Minnesota Rules of Professional Conduct state in part that: Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Rule 1.3 Diligence [and Promptness] A lawyer shall act with reasonable diligence and promptness in representing a client. Resources: Minnesota State Bar Association 612-333-1183 www.mnbar.org Minnesota Continuing Legal Education 612-227-8266 www.minncle.org Hennepin County Bar Association 612-752-6601 www.hcba.org Ramsey County Bar Association 651-222-0846 www.ramseybar.org Maintaining these values means that you: Be punctual and meet deadlines. Meet your deadlines whether in class or a clinic. Punctuality is essential whenever you are dealing with the court. Being late is not tolerated in practice, and jeopardizes client interests. Work hard. Invest time and effort in all assignments. Recognize that you are learning skills that will help you represent real people with real problems. Practicing law is a vocation, not an academic exercise. Expand your knowledge. Look at research projects as opportunities to further your legal knowledge. The greater your knowledge, the better able you will be to give legal advice to clients in a wider array of situations. What does this mean for me? Recognize limitations. The law is highly specialized. Do not expect to be knowledgeable in every area of the law. Your client has the right to demand your utmost competence. Utilize CLE courses and lunchtime lecture opportunities. The bar offers many opportunities for law students to attend CLE courses for free or at a reduced rate. Seek help when you need it. If you are working as a student attorney, never hesitate to seek advice and help when you are not sure what to do. Never guess. As you begin your career, seek out a mentor and others to help you provide the best representation you can. 9

Quality of Justice A message from the MSBA Professionalism Committee There are five core values in the legal profession: 1) Respect and Fairness; 2) Public Service; 3) Honesty, Integrity and Trustworthiness; 4) Competent, Prompt, and Diligent Representation; and 5) Quality of Justice. Core Value: Responsibility for the Quality of Justice The first sentence of the Preamble to the Minnesota Rules of Professional Conduct states that: [a] lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. The Preamble continues, A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process. As a public citizen, a lawyer should seek improvement of the law, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor and sometimes persons who are not poor, cannot afford adequate legal assistance, and should therefore devote professional time and civic influence on their behalf. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest. "Though force can protect in emergency, only justice, fairness, consideration and cooperation can finally lead men to the dawn of eternal peace." Dwight David Eisenhower Maintaining this value means that you: Actively participate in the legal community. Seek out ways to improve the law and the legal system by joining and participating in Bar activities and events. Offer your expertise and contribute the skills you are learning to improve justice issues in your community. Find ways to get involved. Consider the public policy when evaluating case decisions. Public policy arguments are often an expression of the need for justice to be done. These are ways in which lawyers help steer the law in the direction it should go. Understand the legal process. The public s faith in the justice of the legal process depends upon having a voice in the process. What does this mean for me? Treat others with fairness and respect. Recognize that we all contribute differently to a common goal. Make your goal the improvement of the common good. Examples In Action A non-lawyer by the name of Clarence Earl Gideon working pro se petitioned the Supreme Court to ensure that a person charged with a crime, for which his freedom could be taken away, was entitled to the assistance of an attorney. Today, law students across the United States assist inmates on death row with appeals through organizations such as Innocence Project. Law students participating in national and local bar associations are partnering to improve the law and strengthen legal education. This series of letters on professionalism was developed for you by law students. 10

Sources and Resources NOTE: Participants are encouraged to review all the materials contained in the Sources and Resources section. They provide valuable insight and data about the subject of homelessness and will enable students to better understand the issue. The materials are, however, for informational purposes only and cannot be used in the presentation of the case at trial. These materials were provided by: National Alliance to End Homelessness 1518 K Street NW, Suite 206 Washington, DC 20005 Web site: www.endhomelessness.org Facts about Homelessness - Who Are the Homeless? 610,000 Americans are homeless on any given night. Over the course of a year, as many as two million people experience homelessness for some period of time. These are the people who live on the street, in shelters, in cars, and in campgrounds. Millions more live in precarious situations; overcrowded with family or friends, housed temporarily in institutions like prisons or mental hospitals, or paying too much of their income for rent. Together, all of these individuals make up the pool from which people cycle in and out of homelessness. Homelessness affects a wide variety of people. Young and old, healthy and sick, men and women, employed and unemployed: all are represented in the homeless population. Why Are They Homeless? People are homeless because of a lack of affordable housing; incomes that are too low to pay for basic living expenses; and, a lack of services to help people overcome personal challenges. These are the systemic or underlying factors which cause homelessness. Such systemic problems make it more likely that personal problems such as mental illness, physical illness, domestic violence, or substance abuse, will result in homelessness for an individual or a family. To end homelessness, three things are required. First, homeless people must be able to obtain housing. Second, they must have incomes adequate to meet their basic needs. Third, many need help to overcome the problems which interfere with their independent living. Solutions to Homelessness Housing By its name it is implied that homelessness is a housing problem. And indeed, the sole common characteristic of homeless people is that they do not have housing. If homelessness is to end in America, more housing must be made available to poor and low income people. Over the past twenty years, the supply of housing available to low income people has declined. In 1970 there were twice as many low cost units available as there were low income households. By 1983 this number had been reversed -- there were two households competing for every available unit. Why has this shortage occurred? In the past twenty years, thousands of affordable units have been lost to abandonment, urban renewal, gentrification, arson and condominium and cooperative conversion. The result is that the cost of housing has risen, but unfortunately the earnings of low income people have not kept pace. While many localities have an adequate supply of housing, this housing is often beyond the economic reach of low income people. In the past, gaps in the supply of 11

affordable housing were filled by either the federal government or the private sector, but their activity is no longer enough to make up the shortfall. One approach to solving the housing side of the equation is to create enough affordable housing to meet the demand. This can be done by increasing the capacity of nonprofits and community development corporations to develop such housing; by obtaining more public support for affordable housing; by creating more incentives for private sector involvement; and in many other ways. Income A second way to address homelessness is to ensure that people's incomes are adequate to support stable, independent living. Work is the chief source of income for homeless people, followed by public benefits. Yet, not surprisingly, the incomes of homeless people are very, very low. Over the past twenty years, increases in wages and benefits have failed to keep pace with increases in the cost of living. As a result, poor people are spending an increasing percentage of their incomes on housing. There are a variety of ways in which incomes can be increased, including employment training, job development and expanding public benefits. Services Even if there were enough affordable housing and all homeless people had sufficient incomes, many homeless people would still need help to overcome the personal challenges which interfere with their lives. An estimated 25% to 40% need programs to help them recover from drug and alcohol abuse illnesses. Others need support to replace the network of family and friends that many of us take for granted. As many as 30% require treatment for mental illness. There are those who need child care to give them the time to train and apply for a job. Still others need legal assistance to help them escape from domestic violence. Challenges to Solving Homelessness Many organizations around the country work every day to implement these solutions to homelessness. Using money from the federal government, state and local governments, and private donations, they provide assistance to homeless people and look out for their interests. These organizations know that emergency shelters alone won't solve the problem. Yet even the temporary help shelters offer doesn't reach everyone who needs it. In its 2013 survey of 25 cities, the U.S. Conference of Mayors found that 60 percent of the cities said they saw an increase in the number of people experiencing homelessness. Over 70 percent of the cities reported an increase in homelessness among families. Even the best organizations don't have enough resources to serve all homeless people, and not enough is being done to prevent more people from becoming homeless. Affordable housing, adequate incomes, and services must be made available not only to people who are currently homeless, but also to a wider group of poor and low income people who regularly cycle in and out of homelessness. Much remains to be done in the struggle against homelessness in America. 12

What You Can Do to End Homelessness Each day, a wide range of effective steps toward ending homelessness are taken by organizations and individuals like yourself. But until our common goal of ending homelessness is reached, the need for more people to add their energy and talents to the cause exits. Here are some suggestions for how you can make a difference in the fight to end homelessness. EDUCATE yourself, your family, friends, colleagues, and community on the causes, statistics, and solutions to homelessness. Sharing books, videos, and web sites -- and conversations with homeless service providers -- are all excellent ways to help us all learn more and take action. ADVOCATE for policies and programs that effectively serve homeless people on the local, state, and federal levels. Support plans that will create more affordable housing. Discuss current issues with housing and homeless advocacy groups. Share your concerns with public officials -- tell them that you too want homelessness to be ended. These are valuable methods for focusing community attention on solutions to homelessness. ASK when you donate goods and services. Find out what homeless people and service providers could really use. Don't assume that the familiar general categories of donations represent a one-sizefits-all solution to homelessness -- every human being has individual personal and professional needs that, when met, will direct them on the road to success. Donate with such thoughts in mind: consider giving clothing that individuals could wear to a job interview, home furnishings that could help a family transition into permanent housing, age appropriate learning materials for children entering their local school system. Call permanent housing organizations and other homeless service agencies for their respective wish lists, and encourage your family and community to help make those wishes come true. VOLUNTEER your time and ideas to programs within your community, and beyond. We suggest: Plan activities for homeless families and children. Train homeless individuals for employment. Work at a nearby housing organization. Register homeless people to vote Organize fundraising drives for local service agencies. Teach music, art, and other hobbies. Work at a shelter. Recruit others to join your efforts and to think of other creative projects. MN Homeless Youth.org Handbook: http://www.homelessyouth.org/minnesota 13

Programs that Work Toward Solutions and Provide Services [Note: this is not intended to be a comprehensive listing, rather, it provides a sample of organizations addressing issues related to homelessness.] COMMUNITY ORGANIZATIONS ACROSS THE COUNTRY Directory of Local Homeless Service Organizations is a searchable database of direct service providers that assist individuals and families faced with homelessness. The directory is maintained by the National Coalition for the Homeless. Web site: http://nationalhomeless.org/ NATIONAL ORGANIZATIONS American Bar Association Commission on Homelessness and Poverty is a 13- member commission of attorneys and lay people devoted to fostering the development of legal pro bono homeless programs, and to educating the profession and public about the legal problems of the very poor. (Washington, D.C.) E-mail: homeless@abanet.org Web site: www.abanet.org/homeless/ Building Changes work as an "intermediary," facilitating transformation and collaboration by aligning funding, sharing best practices and skills, and advocating for policy change. E-mail: info@buildingchanges.org Web site: www.buildingchanges.org Center for Urban Community Services is committed to reducing homelessness and providing supportive services to people with mental illness, AIDS, chemical addiction & other special needs. (New York) E-mail: cucsinfo@cucs.org Web site: www.cucs.org Child Welfare League of America, Housing & Homelessness Initiative is part of their overall mission to develop/promote policies & programs to protect America's children and strengthen America's families. (Washington, D.C.) E-mail: cwla@cwla.org Web site: www.cwla.org/programs/housing/ Coalition on Human Needs is an alliance of national organizations working together to promote public policies that address the needs of low-income and other vulnerable people. (Washington, D.C.) E-mail: jsandager@chn.org Web site: www.chn.org Corporation for Supportive Housing to advance solutions that use housing as a platform for services to improve the lives of the most vulnerable people, maximize public resources and build healthy communities. E-mail: info@csh.org Web site: www.csh.org Enterprise Community is a national, nonprofit housing and community development corporation dedicated to bringing lasting improvements to distressed, low-income communities. (Maryland) E-mail: mail@enterprisefoundation.org Web site: www.enterprisecommunity.com Help USA is a developer and operator of transitional housing for homeless families, with facilities in the New York metropolitan region and projects in several cities nationwide. The organization also provides on-site, comprehensive support services, including job training and placement programs. (New York) Web site: www.helpusa.org 14

Homes for the Homeless works at the local and national level to develop new solutions for combating homelessness and reducing the effects of poverty on families. The ICP realizes this mission through research, information, dissemination, training and program development. (New York) Web site: www.homesforthehomeless.com Homelessness Resource Center provides technical assistance, referrals and information to policy makers, service providers, researchers, consumers and others on many topics related to homelessness and mental illness. (NY) E-mail: HomelessPrograms@samhsa.hhs.gov Web site: www.homeless.samhsa.gov Pro bono attorneys, partnering with Baker & McKenzie, time and energy to create legal handbooks for participating states. They are written to be practical tools for youth and those who serve youth and need to understand legal rights and options in many different areas of law. Web site: http://www.homelessyouth.org/# Housing Assistance Council is a national nonprofit corporation created to increase the availability of decent and affordable housing for low-income people in rural areas throughout the United States. Established in 1971, HAC provides many services for local, state, and national organizations including loans, publications, technical assistance, training, and special projects. (Washington, D.C.) E-mail: hac@ruralhome.org Web site: www.ruralhome.org Housing Research Foundation is a private, nonprofit that works to enhance the ability of public housing agencies to deliver decent housing and suitable living conditions to lowincome families. To fulfill this goal, the organization conducts research, designs and implements technical assistance programs, and serves as a national clearinghouse of information on HUD's HOPE VI (an initiative to revitalize the country's most severely distressed public housing communities). (Washington, D.C.) Web site: www.housingresearch.org LeadingAge represents non-profit organizations dedicated to providing high-quality health care, housing and services to the elderly. (Washington, D.C.) Web site: www.leadingage.org National AIDS Housing Coalition provides national-level policy development, networking and clearinghouse support & research on HIV/AIDS housing/homelessness issues. (NY) Web site: www.nationalaidshousing.org National American Indian Housing Council is a national membership organization that promotes, supports and upholds tribes and tribal housing agencies in their efforts to provide culturally-relevant, decent, safe, sanitary and affordable housing for native people in American Indian communities and Alaskan native villages. (Washington, D.C.) Web site: http://www.naihc.net The National Association for the Education of Homeless Children and Youth (NAEHCY) is the voice and social conscience for the education of children and youth experiencing homelessness. NAEHCY accomplishes this through advocacy, partnerships, and education. Web site: http://www.naehcy.org/ 15

National Center for Homeless Education at SERVE provides information to those who seek to remove or overcome barriers to education and to improve educational opportunities and outcomes for homeless children and youth. Funded by the U.S. Department of Education. (North Carolina) Web site: www.serve.org/nche/ National Coalition for Homeless Veterans seeks to eliminate homelessness in the veteran community, and serves as a liaison between branches of the federal government and community-based homeless veteran service providers to shape public policy, educate the public and build the capacity of service providers. (Washington, D.C.) E-mail: info@nchv.org Web site: www.nchv.org National Coalition for the Homeless is a national advocacy network of homeless persons, activists, service providers and others committed to ending homelessness through public education, policy advocacy, grassroots organizing and technical assistance. (D.C.) E-mail: info@nationalhomeless.org Web site: www.nationalhomeless.org National Health Care for the Homeless Council is a membership organization of health care providers working with homeless people across the U.S. The Council provides opportunities for education, information sharing, peer support and networking with a goal of preventing and eliminating homelessness. (Tennessee) E-mail: council@nhchc.org Web site: www.nhchc.org National Housing Law Project is a national housing law and advocacy center that works to advance housing justice for the poor by increasing and preserving the supply of decent affordable housing, by improving existing housing conditions, including physical conditions and management practices, by expanding and enforcing low-income tenants' and homeowners' rights, and by increasing opportunities for racial and ethnic minorities. NHLP provides legal assistance, advocacy advice and housing expertise to legal services and other attorneys, low-income housing advocacy groups, and others who serve the poor. (CA) Web site: www.nhlp.org National Law Center on Homelessness and Poverty advocates for the rights of homeless people and works-through impact litigation, policy advocacy and public education-to implement solutions to end homelessness in America. (D.C.) Web site: www.nlchp.org National Low Income Housing Coalition is dedicated to ending America's affordable housing crisis and is committed to educating, organizing and advocating to ensure decent, affordable housing within healthy neighborhoods for everyone. (D.C.) Web site: www.nlihc.org National Student Campaign Against Hunger & Homelessness works with a coalition of students and community members across the country to end hunger and homelessness through education, service and action. NSCAHH trains students on strategies to improve or create service programs that meet their community's needs. (CA) Web site: www.nscahh.org PATH Beyond Shelter is a private, non-profit agency which combats chronic poverty, welfare dependency and homelessness among families with children through the provision of housing and social services and the promotion of systemic change. (California) E-mail: path@epath.org Web site: www.epath.org 16

Technical Assistance Collaborative provides technical assistance, training, policy consultation and information to federal, state, and local government and non-profit organizations in the area of affordable housing, with specific expertise on affordable housing opportunities for people with disabilities, people who are homeless and other vulnerable populations. (Massachusetts) Web site: www.tacinc.org Weingart Center for the Homeless works to build partnerships to create a stronger community understanding of the causes of homelessness and poverty, to facilitate appropriate and applicable research, and to promote the implementation of sound, effective and responsive policies and programs. (CA) Web site: www.weingart.org GOVERNMENT AGENCIES The Administration for Children and Families (ACF) is a division of the Department of Health & Human Services. We promote the economic and social well-being of families, children, individuals and communities. Web site: https://www.acf.hhs.gov/ Federal Emergency Management Agency (FEMA) Emergency Food & Shelter Program allocates federal funds for food and shelter to the neediest areas. EFSP strives to provide fast response, foster public/private sector cooperation, and ensure local decision-making. Web site: www.efsp.unitedway.org/ U.S. Dept. of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMSHA) is charged with improving the quality and availability of prevention, treatment, and rehab services to reduce illness, death, disability, and cost to society resulting from substance abuse and mental illnesses. Web site: www.samhsa.gov U.S. Dept. of Housing and Urban Development (HUD) Web site: http://portal.hud.gov/hudportal/hud HUD Policy Development and Research Information Services maintains current information on housing needs, market conditions, and existing programs, and conducts research on priority housing and community development issues. Web site: http://www.huduser.org/portal/home.html HUD Veteran Resource Center provides veterans and their family members with information on HUD's community-based programs and services, with a special focus on veterans who are homeless. Email: hudvet@hud.gov Web site: http://portal.hud.gov/hudportal/hud?src=/program_offices/comm_planning/veteran_information U.S. Dept. of Veterans Affairs Homeless Programs Office offers outreach to veterans living on streets/in shelters, clinical assessment/referral to medical treatment for physical & psychiatric disorders, long-term sheltered transitional assistance/case management, employment assistance & linkage to available income supports, and supported permanent housing. Web site: www.va.gov/homeless/ 17

Statement of Facts Case Overview On November 19, 2013, the body of a homeless woman, later identified as that of Terese Jameson, the mother of 15-year-old Mickey Jameson and a former employee of the Silver Streak Café in downtown Jeffers, Independence, was discovered by Detective Rae/Ray Taylor in a trash dumpster in the alley behind the café. A piece of paving stone, stained with Jameson's blood, was found with the body; fingerprints on the stone belonged to the café's owner, Sandy Townsend, who has been charged with second degree murder in Jameson's death. According to Mickey Jameson and Chris Long, an employee of the homeless shelter where the Jamesons had stayed briefly, Townsend had fired Terese Jameson when she confronted her/him with her suspicion that horsemeat was being used in the Silver Streak's famous half-pound all-beef burgers. On the morning of her death, according to Mickey, Jameson went to the café intending to tell Townsend that unless s/he rehired her, she would report her/him to the city health authorities. The only other person in the Silver Streak that morning was Pat Gonzales, a meat delivery driver, who says that s/he did not witness any altercation between Townsend and Jameson, but that s/he did later observe a group of teen-agers around the dumpster in the alley where her/his delivery truck was parked. Jean/Gene Wade believes that her/his son, Stephen "Big Dog" Wade, who is in a local gang that has a reputation for preying on the homeless and is currently missing, may be involved in the murder. Both the prosecution and the defense are ready to proceed in the matter of State of Independence vs. Sandy Townsend. Stipulations 1. All Witness Statements, Exhibits and the signatures thereon are authentic. 2. Jurisdiction, venue and chain of custody of the evidence are proper. 3. All statements made by witnesses and all physical evidence and exhibits were Constitutionally obtained. 4. The quantity and price reflected on the Prime Cuts Delivery Receipt, Exhibit 4, are representative of the amounts delivered and charged three times weekly to The Silver Streak Café. 5. Rae/Ray Taylor has the education and experience necessary to testify as an expert. His/her qualifications are not subject to challenge in court. Witnesses For the Prosecution Mickey Jameson, child of deceased Chris Long, homeless shelter worker Rae/Ray Taylor, police detective For the Defense Pat Gonzales, delivery person Sandy Townsend, defendant (café owner) Jean/Gene Wade, parent of gang member Exhibits (Exhibit Number/Exhibit Name) 1 Murder Weapon 2 Circle of Hope Incident Report 3 Silver Streak Café October Calendar Page 4 Prime Cuts Delivery Receipt 5 Community Hero Award Nomination Letter 6 Complaint Letter to JPD Chief 18

SECOND JUDICIAL DISTRICT COUNTY OF LIBERTY STATE OF INDEPENDENCE STATE OF INDEPENDENCE, Plaintiff INDICTMENT NO. MN-MT-05 Crime: Second degree murder vs. SANDY TOWNSEND, Defendant THE GRAND JURY CHARGES: COUNT I: That on or about the 19th day of November, 2013, in Liberty County, State of Independence, the above-named Defendant did commit the offense of second degree murder, thereby causing the death of Terese Jameson. The names of the witnesses upon whose testimony this Indictment is based are as follows: Mickey Jameson Detective Rae/Ray Taylor Chris Long I hereby certify that the foregoing Indictment is a true bill. Anthony Abouta Anthony Abouta, FOREPERSON March 3, 2014 APPROVED: Marty Schwartz Marty Schwartz Deputy District Attorney 19

SECOND JUDICIAL DISTRICT COUNTY OF LIBERTY STATE OF INDEPENDENCE NO. MN-MT-05 STATE OF INDEPENDENCE, Plaintiff vs. SANDY TOWNSEND, Defendant INDICTMENT NO. MN-MT-05 Crime: Second degree murder STATUTES 30-2-1 Murder. A. Murder in the first degree is the killing of one human being by another without lawful justification or excuse, by any of the means with which death may be caused: (1) by any kind of willful, deliberate and premeditated killing; (2) in the commission of or attempt to commit any felony; or (3) by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life. Whoever commits murder in the first degree is guilty of a capital felony. B. Unless s/he is acting upon sufficient provocation, upon a sudden quarrel or in the heat of passion, a person who kills another human being without lawful justification or excuse commits murder in the second degree if in performing the acts which cause the death s/he knows that such acts create a strong probability of death or great bodily harm to that individual or another. Murder in the second degree is a lesser included offense of the crime of murder in the first degree. Whoever commits murder in the second degree is guilty of a second degree felony resulting in the death of a human being. 30-2-3 Manslaughter. Manslaughter is the unlawful killing of a human being without malice. A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion. Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being. B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection. Whoever commits involuntary manslaughter is guilty of a fourth degree felony. 20

SECOND JUDICIAL DISTRICT COUNTY OF LIBERTY STATE OF INDEPENDENCE NO. MN-MT-05 STATE OF INDEPENDENCE, Plaintiff vs. SANDY TOWNSEND, Defendant INDICTMENT NO. MN-MT-05 Crime: Second degree murder JURY INSTRUCTIONS Jury Instructions from Independence Uniform Jury Instruction Guidelines Criminal 14-210 Second degree murder; voluntary manslaughter lesser included offense; essential elements. For you to find the defendant guilty of second degree murder, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. The defendant killed Terese Jameson; 2. The defendant knew that her/his acts created a strong probability of death or great bodily harm to Terese Jameson; 3. The defendant did not act as a result of sufficient provocation; 4. This happened in Independence on or about the 19th day of November, 2013. 14-220 Voluntary manslaughter; lesser included offense. For you to find the defendant guilty of voluntary manslaughter, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. The defendant killed Terese Jameson; 2. The defendant knew that her/his acts created a strong probability of death or great bodily harm to Terese Jameson; 3. This happened in Independence on or about the 19th day of November, 2013. The difference between second degree murder and voluntary manslaughter is sufficient provocation. In second degree murder the defendant kills without having been sufficiently provoked, that is, without sufficient provocation. In the case of voluntary manslaughter the defendant kills after having been sufficiently provoked, that is, as a result of sufficient provocation. Sufficient provocation reduces second degree murder to voluntary manslaughter. 14-222 Sufficient provocation; defined. "Sufficient provocation" can be any action, conduct or circumstances which arouse anger, rage, fear, sudden resentment, terror or other extreme emotions. The provocation must be such as would affect the ability to reason and to cause a temporary loss of self-control in an ordinary person of average 21

disposition. The "provocation" is not sufficient if an ordinary person would have cooled off before acting. 14-141 General criminal intent. In addition to the other elements of second degree murder, the state must prove to your satisfaction beyond a reasonable doubt that the defendant acted intentionally when s/he committed the crime. A person acts intentionally when s/he purposely does an act which the law declares to be a crime. Whether the defendant acted intentionally may be inferred from all of the surrounding circumstances, such as the manner in which s/he acts, the means used, her/his conduct and any statements made by her/him. 14-250 Jury procedure for various degrees of homicide. You have been instructed on the crimes of second degree murder and voluntary manslaughter. You must consider each of these crimes. You should be sure that you fully understand the elements of each crime before you deliberate further. You will then discuss and decide whether the defendant is guilty of murder in the second degree. If you unanimously agree that the defendant is guilty of murder in the second degree, you will return a verdict of guilty of murder in the second degree. If you do not agree, you should discuss the reasons why there is a disagreement. If, after reasonable deliberation, you do not agree that the defendant is guilty of murder in the second degree, you should consider whether the defendant is guilty of voluntary manslaughter. If you unanimously agree that the defendant is guilty of voluntary manslaughter, you will return a verdict of guilty of voluntary manslaughter. If you do not agree, you should discuss the reasons why there is a disagreement. You may not find the defendant guilty of more than one of the foregoing crimes. If you have a reasonable doubt as to whether the defendant committed any one of the crimes, you must determine that she is not guilty of that crime. If you find her not guilty of all of these crimes, you must return a verdict of not guilty. 14-5020 Credibility of witnesses. You alone are the judges of the credibility of the witnesses and the weight to be given to the testimony of each of them. In determining the credit to be given any witness, you should take into account her or his truthfulness or untruthfulness, her or his ability and opportunity to observe, her or his memory, her or his manner while testifying, any interest, bias or prejudice s/he may have and the reasonableness of her or his testimony considered in the light of all the evidence in the case. 14-5050 Opinion testimony. You should consider each opinion received in evidence in this case and give it such weight as you think it deserves. If you should conclude that the reasons given in support of the opinion are not sound or that for any other reason an opinion is not correct, you may disregard the opinion entirely. 14-5060 Presumption of innocence; reasonable doubt; burden of proof. The law presumes the defendant to be innocent unless and until you are satisfied beyond a reasonable doubt of her or his guilt. The burden is always on the state to prove guilt beyond a reasonable doubt. It is not required that the state prove guilt beyond all possible doubt. A reasonable doubt is based upon reason and common sense -- the kind of doubt that would make a reasonable person hesitate to act in the graver and more important affairs of life. 22

14-6001 Duty to follow instructions. The law governing this case is contained in these instructions, and it is your duty to follow that law. You must consider these instructions as a whole. You must not pick out one instruction or parts of an instruction and disregard others. 14-6006 Jury sole judge of facts; sympathy or prejudice not to influence verdict. You are the sole judges of the facts in this case. It is your duty to determine the facts from the evidence produced here in court. Your verdict should not be based on speculation, guess or conjecture. Neither sympathy nor prejudice should influence your verdict. You are to apply the law as stated in these instructions to the facts as you find them, and in this way decide the case. 14-6007 Jury must not consider penalty. You must not concern yourself with the consequences of your verdict. 14-6008 Duty to consult. Your verdict must represent the considered judgment of each juror. In order to return a verdict, it is necessary that each juror agrees. Your verdict must be unanimous. It is your duty to consult with one another and try to reach an agreement. However, you are not required to give up your individual judgment. Each of you must decide the case for yourself, but you must do so only after an impartial consideration of the evidence with your fellow jurors. In the course of your deliberations, do not hesitate to re-examine your own view and change your opinion if you are convinced it is erroneous. But do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the purpose of reaching a verdict. You are the judges -- judges of the facts. Your sole interest is to ascertain the truth from the evidence in the case. 14-6020 Final instruction. You will now retire to the jury room and select one of you to act as foreperson. That person will preside over your deliberations and will speak for the jury here in court. Forms of verdict have been prepared for your convenience. You will take these forms to the jury room; when you have reached unanimous agreement as to your verdict, the foreperson will sign the forms which express your verdict. You will then return all forms of verdict, these instructions and any exhibits to the courtroom. 23

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Witness Statement of Detective Rae/Ray Taylor My name is Rae/Ray Taylor, and I'm a Detective with the Jeffers Police Department. I joined the force right after high school. I did okay in school, but I definitely wasn't going to college. My family didn't have the money, and I didn't have the grades to get someone else to pay for it. I wanted to find a good job with a future, so I looked into joining JPD. I reviewed the whole packet of information. There were a bunch of requirements, like you had to be a US citizen, 21 years of age by the time you graduated the academy. You couldn't have any felony convictions and you couldn't have any DUI or misdemeanor violations within the past three years. You also had to have a high school diploma or a GED. That was all no problem for me. Then, when I reviewed the physical fitness requirements I found out they weren't too demanding. So I applied and was accepted. I attended a 23-week training course at the JPD academy. Then I took some written tests, including a city police entrance exam and the Nelson-Denny Reading and Comprehension Test. There are other requirements like taking a behavioral personnel assessment exam, completing a personal history statement, taking a polygraph, and a written psychological interview. Oh, and you have to have a medical exam, too. So after I graduated I took and passed everything. I was so pumped. Imagine it! I was a real cop. It's true I don't have a big fancy title like some of my friends from high school, but what work could be more important? After all, where would the city be without us? I really love my work with the department. I don't remember the exact words of our mission, but it's all about improving the quality of life in Jeffers by protecting life and property, maintaining order, and reducing crime through education and prevention. We take that very seriously. We have to. JPD serves a population of about 120,000 residents, who live in a 74-square mile area. We've had some rough times in this city. Crime really peaked in 2008. Our statistics show there were more than 5,200 serious crimes like murder, rape, aggravated assault, burglary, arson and so on. In the latest year we have stats, which is 2012, those crimes dropped to less than 3,900, so I'd say we've got a pretty good handle on it, especially for a department that started in 1885 with only three people. Now we have a civilian staff of nearly 125 and more than 200 sworn officers. Within JPD, there are 20 specialized units serving the city and four Area Commands that offer 24-hour service for calls. I'm with the Crime Free Multi-Housing Program. The purpose of the program is primarily to help rental property owners, especially apartment complexes, become more effective partners in keeping apartment communities safe. As I always tell my landlords at our trainings, if criminals operate out of rental properties, then neighborhoods suffer and property owners pay a hefty price for that, including: decline in property values; loss of rental income during the eviction and repair process: damage arising from abuse, retaliation and neglect: or, toxic contamination and/or fire resulting from drug manufacturing or growing operations. There can even be civil penalties. My partner and I do inspections and then write up recommendation reports for the landlords. It's mostly lists of things they can do to protect their property, but occasionally, we have to give them orders. There is a lot of work going on to revitalize the downtown area, but it still has its problems. For instance, some of the homeless shelters are there, which means there are always a lot of homeless people out on the streets. To make matters worse, there are some gang members who target them. Of course, these incidents aren't peculiar to Jeffers. I'm sorry to say it's happening all over the country - New Jersey, Colorado, Illinois, and so on. We've had some violent incidents here, too. There was one terrible beating about a month before Terese Jameson was murdered. The Chief thought the problem was so serious that my partner and I now spend as much time on the streets downtown as we do inspecting buildings and dealing with landlords. It was on one of those walking patrols that I met Sandy Townsend. S/He has a lot of opinions about how the department, including 24

52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 me, could be doing a better job. Townsend owns a downtown restaurant called the Silver Streak Café and an apartment building not too far from there. The restaurant is really very popular, but the apartments have big problems and I know the city has threatened to close them because of fire code violations. Townsend tried to pull me aside all buddy-buddy to see if there wasn't something I could do about the number of homeless people hanging around the neighborhood. S/He was sure the shelters and the people who used the services were driving away business. S/He said the customers didn't want to come to a restaurant where they had to deal with three or four panhandlers on the way up the block. We tried to explain that we weren't in the neighborhood to protect the Silver Streak from homeless people and that instead our primary job was to protect all the citizens, including protecting the homeless folks from the teenage gangs that were harassing, assaulting, and robbing them. Townsend was so ticked off at the idea that we were investing any time protecting homeless people. S/He wanted to know why we weren't spending our time and her/his tax dollars protecting her/his businesses from the negative impact of the shelters and the gangs. You know, I heard through one of my snitches that s/he had approached a gang leader about providing "protection" for the Silver Streak, but I could never get a line on any hard evidence, so I had to let that drop. Anyway, Townsend and I had words about the situation several times and s/he just wouldn t believe that we were doing our best to make the area safe for everyone. I think s/he basically just dislikes homeless people, because s/he thinks s/he's better than they are. I don't think that really came through in the complaint letter s/he wrote to my supervisor, but I'm sure that's how s/he feels. I got written up over that letter, and, believe me, I wasn't happy about it. Anyway, on the morning of November 19th, 2013 my partner and I were patrolling the neighborhood around the Silver Streak. This kid named Mickey Jameson came running up to us from the alley by the café. We knew her/him from the neighborhood. S/He said that her/his mom had been in some kind of altercation with Townsend because Townsend had fired the mother after she confronted her/him about adding horsemeat to the hamburgers at the Silver Streak. According to Mickey, the mother had disappeared and when s/he asked Townsend about it, Townsend would only say she had left earlier. Mickey also told us s/he had seen Townsend throw something that looked like a rock into the dumpster located in the alley behind the café. I told my partner to take Mickey to the fast food place down the street and I went to investigate. I knocked on the back door of the Silver Streak, and Townsend answered. S/He did not invite me in, but when I asked, s/he told me that Ms. Jameson was an ex-employee who had been there earlier. S/He had been asking to be rehired, but Townsend said s/he refused and let her out the back door. S/He told me I could verify all of this by talking to one Pat Gonzales, a meat delivery driver who had been present in the café when Ms. Jameson had come to talk with her/him. Townsend flatly denied any knowledge of Ms. Jameson's whereabouts. I went into the alley to look around and I saw a big bag of garbage sitting by the dumpster. I lifted up the lid and inside the dumpster, right on top of all the trash, was a piece of paving stone that was a sort of gray color. One corner and side were covered with a reddish-brown substance, which, in my training and experience I thought could be blood. I couldn't quite reach the stone, so I decided to climb inside the dumpster to get a better look. That's when I found the woman. I immediately called for an ambulance. I also called Townsend outside, and s/he identified the woman as Ms. Jameson. Townsend insisted s/he knew nothing about what happened to her after she left the café. S/He also denied ever having touched the stone. In surveying the area, I noticed that some of the pavement in the alley was crumbling. The stone appeared to be from a section that was deteriorating. Ms. Jameson was pronounced dead at the scene, and the body was taken to the Office of the Medical Examiner to be autopsied. In the meantime, I called the Department of Child and Family 25

104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 Services because I knew the Jameson s were homeless and Mickey had nowhere to go. A social worker met me at the fast food place. I had the unfortunate job of telling Mickey that his mother was dead. S/He was taken into protective custody for the night and the following day s/he was moved to a state home, where s/he is still awaiting a foster family placement. I interviewed Mickey at the state home. S/He was very angry, of course, and insisted that Townsend was responsible for everything that was wrong in her/his life. S/He repeated the entire story about the horsemeat, her/his mother being fired and attempt to be rehired, the stone, her/his confrontation with Townsend, the whole nine yards. Mickey's second telling of the story was consistent with the first and I had no reason to think s/he was lying or misrepresenting anything. I also talked with Mickey about whether anything was missing from her/his mother's body. S/He told me her/his mother always wore a little gold-plated necklace that Mickey had given her. The necklace was on the body when I found it in the dumpster. The only other thing she had, Mickey told me, was a plastic bag that had a few clothes and a hairbrush in it. The bag was found in the dumpster, too. When the autopsy report came back the following day, it showed the cause of death to be blunt force trauma to the head consistent with a blow struck by a stone. Further, fragments of the stone were found in Ms. Jameson's scalp. Forensic testing revealed the stone bore several prints; some were unidentifiable and the only ones that could be identified belonged to Townsend. When I confronted Townsend with the fingerprint evidence, s/he claimed that s/he now recalled throwing a stone in the dumpster while taking out the morning trash. Her/His excuse for not remembering when I first questioned her/him about it, was that Mickey's verbal attack had rattled her/him. I definitely remember the big bag of trash being on the ground when I found the body, not in the dumpster. I think Townsend had intended to use the trash to cover-up the body and the stone, but s/he was interrupted by Mickey. Anyway, with the fingerprint evidence I had enough to arrest Townsend, so I did. I first interviewed Pat Gonzales. S/He had little to offer but confirmed s/he was at the café when Ms. Jameson had come to see Townsend. S/He said s/he heard no loud or angry voices coming from the back of the café during the time the two were talking. This conflicts with what Mickey's having told me s/he could hear her/his mother and Townsend arguing from where s/he was standing on the sidewalk in front of the café. Gonzales also said the company for which s/he worked, Prime Cuts Meat Company, was the sole meat provider for the Silver Streak, and s/he denied any knowledge of horsemeat being used at the café. S/He concluded by saying that as s/he left the café on the morning in question, s/he exited through the back door to return to her/his delivery truck. At that time, s/he said, s/he heard laughing and yelling coming from the area by the dumpster behind the Silver Streak. Upon looking up the alley, s/he saw some teenagers who were looking inside the dumpster. When they saw Gonzales, they slammed down the lid and ran off in the opposite direction. It was her/his belief these teens were gang members. I then questioned Stephen "Big Dog" Wade, a known member of the one of the gangs that was going after homeless people in the area. He has a reputation for acting like a big shot but really being just a bully. From my observations, he's only willing to take on people smaller than he is or those who really can't defend themselves. I talked with him only briefly, and he totally denied that he or members of his gang were in the alley the day that Ms. Jameson was killed. He did admit they tried to "clean up the neighborhood" by encouraging homeless people to get out or at least stay out of sight, but said several times they had never killed anyone. I also interviewed Jean/Gene Wade, Big Dog's parent. S/He admitted that Stephen had what seemed to be an unreasonable grudge against homeless people, but said s/he had no idea why. Wade told me there had been problems in their home for some time, that Stephen was out of control, and that he had threatened her/him. S/He said s/he was just trying to save the other four children in the family 26

156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 when s/he finally had kicked him out. Apparently, he and his friends stole about $12 from the kitchen in their home. When the kid came back a short time later and Wade confronted him about the money, he made some kind of threat, but s/he couldn't remember his exact words. Wade said that maybe Stephen could have been so far over the edge, he might have killed Ms. Jameson. S/He says that was the last time she saw Stephen, and we have been unable to locate him since the day we questioned him. There's something else about Jean/Gene Wade. S/He told me that I had the wrong person. S/He said that Townsend wasn't guilty. Wade said s/he knew it because s/he was Wade s landlord, who it turns out, had given Wade some kind of break on her/his rent. Wade also says that Townsend has given a lot of her/his time trying to clean up the homeless situation. S/He then showed me a copy of a letter s/he had written nominating Townsend for a Community Hero award, whatever that is. Despite Jean/Gene Wade's suggestion that Big Dog may have killed Terese Jameson, I am convinced Townsend is the responsible party. It is Townsend who had the motive and the opportunity. I'm sure Townsend was supplementing the burgers with horsemeat, and I'm also sure that Pat Gonzales is involved. I just can't prove it, yet. Witness Addendum I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct. SIGNED Rae/Ray Taylor Dated: December 2, 2013 27

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Witness Statement of Chris Long My name is Chris Long and I am 38 years old. I have been a resident of Jeffers for the past 12 years, after moving here from Maple Valley. I work at the Circle of Hope homeless shelter, although I hope to be able to obtain my degree in social work in the near future and begin counseling homeless individuals. You ll understand why in a minute. I didn t graduate from high school because my father never kept a job long enough for us to live in one place. If I went to school more than a couple of weeks at a time I was lucky, and basically stopped going by the time I was 15 years old. In fact, after my father left, my mother, brother, and I lived in a van for six months because there wasn t enough money for rent. Twice local gang members robbed us. My brother was almost beaten to death by one group of thugs, who thought he was a member of a rival gang. The hospital didn t want to take him because we didn t have insurance. I can t think of a more worthless group of people than gang members. They are responsible for drugs, murder, and crime in the cities, and they prey upon the homeless, the most unfortunate and disadvantaged people I can think of. Just when things looked like we d never get anywhere, my mother was able to get a job at a law firm as a clerical worker. Her boss, Stanley Kline, was so impressed with her determination to improve herself that he eventually promoted her to secretary and put her through school so that she could become a paralegal. Mr. Kline also insisted that I get my GED and even helped me get an Associate Degree in social work at the local community college in Maple Valley. Then, when I was 26, I moved to Jeffers. My mother stayed in Maple Valley with my brother where he now works in construction. I got a job at one of the homeless shelters in Jeffers because knowing what I do about the homeless, I wanted to help. I also wanted to show Mr. Kline that his faith in me had been justified. I met Terese and Mickey Jameson, her son/daughter, last year at the shelter where I work. They came in one morning looking for food. In order to understand the Jameson s, you have to know what it is like to be homeless. It is not a life you choose, really, but one that just happens to many folks. Its causes aren t hard to identify, but very difficult to solve. There are two trends that are largely responsible for the rise in the number of people experiencing homelessness during the past 15 or 20 years. The first and most logical is a growing shortage of affordable housing. The second is growing numbers of people living in poverty. Let s face it, homelessness and poverty go hand in hand. Poor people are simply unable to pay for housing, food, childcare, health, and education. Since the cost of housing is so high, it oftentimes is dropped so that food and other absolute necessities can be bought. Look, homelessness doesn t affect just a few people. In 2007, 13.3% of the U.S. population 36.5 million people lived in poverty. Of those, anywhere from 700,000 to two million people were homeless on any given night. You want more statistics: 40% of the homeless are single men, 14% are single women, 40% are families with children, and almost 10% are minors. Minors! That means we have children living alone on the streets. As a result, we are losing a portion of our next generation. And just in case you get the idea that "the homeless" are lazy, think about this: one in five homeless people have a job, but the job just doesn t pay enough to provide all of the basic necessities like food, clothing, and shelter. A worker earning minimum wage has to work 87 hours each week a week, not a month just to afford a two-bedroom apartment at 30% of his or her income, which is the federal definition of affordable housing. These people become exhausted, ill, and unable to work. They and their children often steal just to survive. Some turn to prostitution. Tuberculosis and other diseases are rampant, and, unfortunately, many turn to drugs or alcoholism as an escape. Yes, it is true, that drugs and alcohol will sometimes lead to homelessness, as well. But addiction becomes cyclical, and as they spiral downward, they simply cannot get out. 28

53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Complicating matters is the fact that state and federal benefits have been cut just at the time when they are needed most. Even those who work usually do not have health benefits. If you become sick, you can t afford healthcare. To pay for medicine, you have to give up what little rent or food money you may have. In 2007 as a result of federal welfare reform, 675,000 people lost health insurance, and 400,000 of those were children. So we hurt the ones who can least defend themselves or do anything about it. Poor people also face violence. Battered women often have to choose between abusive relationships and homelessness. Studies show that domestic violence is a primary cause of homelessness for women with children, because escape from the home is the only alternative they can see. Women leave with their kids and little else, and the streets become their home. It is a grim choice. Among the homeless population, more than a quarter don t get enough to eat, almost as many have been physically abused, two-thirds have problems with alcohol, drug abuse, or mental illness and at least 7% have been sexually assaulted. A large portion of the homeless are victims of theft, and most shocking is the fact that 30% have been homeless for more than two years. Life on the streets is brutal. Think about having no place to bathe or shower regularly, not enough food, and constantly being exposed to the elements, whether it be the excruciating heat in the Southwest or the freezing cold in our cities up north. Cuts in governmental funding as well as in charitable giving have forced many shelters to close and services eliminated. The result is that what help there is has dwindled to almost nothing. This is what faced Terese and Mickey when they walked into the shelter. Mickey was like most homeless children. S/He was scared, angry, and willing to do just about anything to protect her/his mother. Mickey also had a mean streak, something that I have also seen in the gang members I worked with in Maple Valley. S/He could be sweet and loving to her/his mother one minute, and a moment later fly into a rage. S/He also had this feeling of entitlement. By this, I mean that s/he thought s/he was owed something. Over the short time I got to know her/him, I tried to impress upon her/him the importance of going to school and getting an education. I used myself as an example and tried to tell her/him that I came from the same place s/he was in and was able to be successful. Her/his cynical comment to me was that it didn t seem like I was able to get away from the homeless since I worked at a shelter. Mickey was involved in a fight with a gang member known as Big Dog and then was accused of stealing money from the shelter s office. In fact, as you can see from the report we filed, that is why s/he and her/his mother had to leave. That really made her/him mad. I think the fight s/he had at the shelter is a perfect example of how Mickey could fly off the handle. It appeared that s/he had really overreacted to being teased. S/He disabled Big Dog with mace, but then hit him and when he fell to the ground, s/he kicked him several times. After that, we simply couldn t have Mickey in our shelter, so the Jameson s were asked to leave. I really felt sorry for them, despite Mickey's attitude problems. I knew of a job at a small café downtown called the Silver Streak and thought that this would be a good place for Terese to try to get work. Unfortunately, the owner, Sandy Townsend, is a rather unpleasant individual who despises homeless people. Her/his restaurant is in an area that is frequented by homeless individuals, and s/he hated that they would go through her/his trash looking for food. S/He thought they scared away customers. It s funny that s/he had all these negative feelings toward the homeless, but didn't seem to have the same feelings toward gangs. The corner up from her/his restaurant is a notorious hang out for gang members. In fact, Stephen "Big Dog" Wade was the leader of a gang that called the Silver Streak part of its territory. The members were always hassling the homeless, taking what little money they had, beating them up and worse, giving them alcohol. In fact, I remember last winter hearing Big Dog laughing when he learned that one of the homeless people had frozen to death the night after he watched the poor guy get drunk on cheap booze Big Dog had given him. Big Dog is a creep and I think most of the problems Townsend complained of were caused by gang members and not the poor homeless people in the area. Anyway, I thought that if Terese could get a job at the Silver Streak, she might be able to earn enough to pay rent for a small apartment. I thought that if Mickey could get out 29

105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 of the shelter and off the streets, s/he would have a little more self-esteem and might be willing to go to school more regularly. Because Townsend disliked the homeless so much, I was afraid that if s/he knew that Terese was homeless or lived at the shelter, s/he would never give her a job. I told Terese she could use my address on her employment application to get the job. What a mistake that was. When my supervisor found out during a review of the Jameson file, she reprimanded me for becoming personally involved with a client, and I had to promise never to do it again. Terese applied for the job and was hired at the Silver Streak. She was very popular with the customers and earned enough to rent a small efficiency apartment over a garage near the café. I really thought that the two of them were going to make it. For a while I didn t see or hear from Terese or Mickey other than once or twice around downtown, when I ran into them on the street. Then one day, Terese came into the shelter with Mickey and asked if she could speak with me. She told me an incredible story saying she thought Townsend was mixing horsemeat with the hamburger to cut costs. That sounded very bizarre to me. I was sure that if she confronted Townsend about it, she would be fired on the spot, so I recommended that she contact the city health department. I figured that the Board of Health would inspect the place and that if they found horsemeat being used, Townsend would get nailed. I also told Terese that if the city closed the Silver Streak, I would help find her another job. The next time I saw Terese, she told me she had not done anything about the horsemeat but that Townsend had fired her anyway for no reason. Of course, with no job, Terese couldn t pay the rent and they were evicted again. Terese and Mickey spent the next three weeks back on the streets with no food, no place to sleep, and having to shower at day shelters. I saw them two or three times during this period. Mickey was furious, blaming Townsend for their homelessness and saying that Townsend would be sorry. I knew that Mickey was hot headed and, quite honestly, I was worried that s/he might do something, like set fire to the restaurant. I thought if I could just get Terese s job back, it might still work out for them, so I went to see Townsend. S/He, however, wouldn t even consider it and said that if I ever see that woman again, I ll have to hold myself back to keep from slapping her. I never would have hired her if I had known she was such a loser. S/He told me that Terese was unreliable and that because s/he couldn t count on her, s/he wouldn t have her working in the restaurant. I tried to explain that it wasn t Terese's fault, and that it was because of circumstances she couldn t control. Townsend was adamant, however, that Terese could never return. S/He asked how Terese expected to not be homeless, when she couldn t even show up to work on time. Townsend showed me a copy of a calendar with Terese's name and sometimes scrawled on it that supposedly showed when Terese was late to work. It certainly wasn t one of those official time cards, and it looked to me like several of the supposed late arrival entries were just written in after the fact. I can t imagine that Ms./Mr. Wade nominated Townsend for an award. For someone with such meanness in her/his heart, Townsend shouldn t be given anything. You know, everyone is in favor of homeless shelters, as long as they re not in their backyard. What lowered property values in the community wasn t the homeless, but the problems that caused homelessness in the first place: Poor jobs, unemployment, the high cost of rent, and the other difficulties that the homeless population faces every day. I bet the award nomination has something to do with Wade being a tenant, because the only thing Townsend should be awarded is 3 to 5 years for being such a miserable louse. Anyway, Terese later confessed to me that the reason Townsend had fired her was she had confronted her/him about the horsemeat. The next thing I heard was that Terese had been killed behind the restaurant. What a horrible way to die, having your skull crushed. But because Townsend hates the homeless so much, and s/he was so worried that Terese was going to destroy the Silver Streak with the horsemeat thing, I wouldn't put any cruel act past her/him. I still can t believe what happened to poor Terese and I m just sick about Mickey being left all alone in the world. 30

157 158 159 160 161 162 163 164 165 166 Witness Addendum I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct. SIGNED Chris Long Dated: December 2, 2013 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Witness Statement of Mickey Jameson My name is Mickey Jameson and I m 15. Terese Jameson was my mom. I m giving this statement because she was murdered. Now I ll probably have to go to a foster home, if somebody wants me. Most people want younger kids, not a teenager like me. Right now I'm stuck in a state facility, so I guess being in foster care would be better than this, and really either is better than being on the streets and in and out of shelters. I've only lived at one, but I've showered at others and some of them are really awful. My mom and I were homeless right before she was killed. At least if I go to a foster home, I ll have a place to sleep inside. There s no way Ronald Jameson, my mom s husband and my stepdad, would take me, even if I knew where he was. The whole reason my mom and I became homeless in the first place is that he abandoned us and left town with another woman. After he left, my mom couldn t afford the rent, our food, and all our other bills by herself with just a minimum wage job, so we were evicted in May of 2013 from the little apartment we were renting. My mom and I searched and searched for an apartment, but we couldn t find one we could afford. We didn t care about heat or electricity. We could do without that. We even did without food to try to save money for rent. We skipped meals and sometimes didn t eat for an entire day or two. Like my mom said, it s impossible to afford even the essentials on a minimum wage job. I wanted to try to get a job to help with the bills but my mom wouldn t let me. She said I needed to go to school. I hate school. I don t have any friends and the other kids make fun of me because I don't really have an address, so I can't usually bathe regularly or do my homework and sometimes I don't even have clean clothes to wear. So after my stepdad ran away with his new girlfriend and we got evicted, mom and I lived in a homeless shelter. We hadn t lived in Jeffers very long because my stepdad was always moving us around, so we didn t even have any friends to stay with. The shelter was so crowded. There was never enough room for everyone and I had to sleep on the floor sometimes. Even if her boss hadn t fired her when he found out she was homeless, she probably would have lost her job anyway because the bus route doesn t run between the shelter and the job my mom had then, so she wouldn t have had any way to get to work. Before my stepdad left us, I had no idea how many homeless people there were, especially kids. I was really embarrassed that we had to stay at the shelter, but it was better than living on the street. After being in there for a few days, I realized there were lots of people in the same predicament as my mom and me. Most of the people at the shelter were just like my mom. It s not like they didn t want to work. They had either lost their jobs and couldn t find other jobs or were working like my mom but still couldn t afford an apartment, utilities, or gas for a car, if they even had one. We only stayed at the shelter for about a month because we got kicked out. The shelter director made my mom and me leave after I got into a fight. The fight wasn t my fault. I was supposed to be in school but I had cut class and was wandering around downtown. Some gang guy named Big Dog started making fun of me. I was scared right away because he's known on the streets for hassling homeless people. I tried just walking away, but he tripped me from behind. I was sure he was going to hurt me, so I started walking real fast toward the shelter. Last time I got caught fighting at school, I was taken to the juvenile detention center because I couldn t give the teacher a number to call my mom. It s not like we had a phone number. Hello. We were homeless. I started running to the shelter but Big Dog caught up with me while I was still trying to get the door open. Before I could open it, he started shoving me around. I pulled out my pepper spray and maced him. I can't remember where I got it, but I carry it with me everywhere. When you live on the street, a lot of people harass you, and you need to be able to defend yourself. He was yelling and rubbing his eyes. I punched him and when he fell to the ground, I started kicking him. I guess I didn t really need to kick him, but he made me really mad. I'm sick and tired of being hassled. 32

53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 After they said my mom and I had to leave the next morning because of the fight, I went into the shelter office and took some money. Look, my mom didn t have a job. We didn t have any money to buy food or do anything, so I only took the money so my mom and I could buy something to eat the next day. Besides, they could never prove I stole it. I know they suspected me, though, because as we were leaving the next morning, somebody discovered it was missing and asked me about it. I denied the whole thing and told them they had probably just miscounted. It's pretty easy to get away with stealing. I've only gotten caught one other time. I don't know exactly how many times I've taken things, more than once, for sure. Maybe that's wrong, but if no one will help you, you have to help yourself. We lived on the street for a few weeks before my mom got a job. There is only one family shelter where women with children can go and I blew that for us. Chris Long was a shelter worker when my mom and I were staying there and s/he was the one who helped my mom find the job at the Silver Streak. That s a small café downtown. Chris was really nice. S/He let my mom use his/her address on the employment application to help her get the job. I don t know if you ve ever tried to get a job without being able to give a permanent address, but I can tell you it s impossible. My mom must have filled out 30 job applications while we were living on the street, and her interviews always ended when she explained why she couldn't give an address. Anyway, my mom got the job at Silver Streak because of Chris help. We got really lucky because just about the same time, we found an apartment to rent. Well, I wouldn t exactly call it an apartment. It was one room over a garage. The room was really small and only had one window. That s probably why my mom could afford it. But it was better than the street. After my mom started working at the Silver Streak, she seemed more worried than usual. Maybe not worried exactly. She just seemed like something was wrong. It's kind of hard to explain. She didn t do anything differently than she normally did and she didn t say anything to me about being worried or about anything being wrong. It s just a feeling I got. Then one day when we saw Chris, my mom told her/him that she suspected her boss, Sandy Townsend, was mixing horsemeat with the beef at the restaurant. Chris advised her to report it to the health authorities, but I don't know if she ever did. On September 26, my mom and her boss got into a fight. I walked with my mom to work that day, as usual. I'd go with her as far the restaurant and then walk on to school after she went into the café. That day I really was going to go to school, but when I saw a cool bike I really liked chained up outside the restaurant I went over to look at it. That s when I heard loud voices inside the restaurant. One of the voices was my mom's and the other was Townsend's. I looked through the front window of the restaurant and I could tell my mom and Townsend were arguing. They both looked really ticked off and my mom sounded so upset. I couldn t hear exactly what she was saying, but I did hear her tell Townsend that she knew about the horsemeat." Then my mom came back outside and told me that Townsend had fired her and didn't even give her the paycheck she had coming. Townsend told my mom it was because she was late too much and unreliable. I don't know why s/he said that. The only times I remember her not getting to work on time were on Saturday mornings when she went at 8:30 instead of 8:00. Townsend knew from the day s/he hired her she would be late on those days. Townsend said it would be okay although my mom told me s/he wasn't happy about it. S/He was late because I spent Saturdays at a gym downtown that gave free self-defense and other sports activities. Anyway, a few days after my mom was fired, the rent was due. Because we couldn't pay that month we got evicted and had to be out by the end of the month. I was so angry when I found out. I mean, it was Townsend s fault we got evicted. If s/he hadn t fired my mom, we could have still been living over that garage. I decided right then, if I could make her/him pay for it, I would. I told Chris Long that and I meant it. I even told Townsend that one day, when I saw her/him on the street. 33

105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 For the next few weeks, we lived back on the streets. I remember being really cold all the time, especially at night. Luckily, we found a spot in an alley that was kind of protected from the wind. There was a big dumpster partially blocking the back door to and office building. We crawled in between the doorway and the dumpster to sleep. It was still cold, but at least there was no wind. We were able to get some of our meals at shelters, but we were still hungry a lot. Sometimes we got to take a shower at a shelter. That was the only time I was warm those three weeks. We saw Chris a few times while we were on the street. She tried to help my mom get her job back at Silver Streak but couldn t. My mom tried to find other jobs, and even applied for a few, but nobody would hire her. We were getting desperate, because it was starting to get really cold out. We knew it was going to start snowing soon, so we needed to find somewhere to sleep. It s not in the news much because most people don t care, but homeless people who have to sleep in the street sometimes freeze to death in the winter. The only way we could get a place to sleep was for my mom to get a job and us to find a place to rent. That s why she decided to ask Townsend for her old job back. My mom said she was going to tell Townsend to either rehire her or she would report her/his using horsemeat in the burgers at the café. The next day, we both went to the Silver Streak in the morning before it opened. We could see in the front window and there were only two people inside Townsend and another person sitting at the counter drinking coffee. While we were waiting for Townsend to unlock the door, my mom told me the other person was Pat Gonzales, who delivers the meat for the café. Townsend unlocked the door. S/He let my mom in, but told me to wait outside. They went to the back of the restaurant. I couldn t see them, but even outside I could hear their loud voices. The arguing went on for five or ten minutes and then it stopped. Townsend came back to the front of the café without my mom and s/he looked pretty upset to me. I saw Townsend say something to Gonzales and then they both went into the back. I still didn t see or hear my mom and I got worried. I knew the door of the café was locked, but I tried to get in anyway. I started banging and pounding on the door. I kept banging for a few minutes but nobody came. I ran to the alley to see if the back door was open. Before I got to the door, I saw Townsend with a green trash bag. S/He was standing by the dumpster, and s/he threw something about the size of a rock in. It was gray, just like the street in the alley. I yelled at Townsend and demanded to know where my mom was. I admit I wasn t very polite because I was so angry at her/him for getting us evicted and putting us back on the streets. I'll never forgive her/him for that. Townsend told me my mom had left a while ago. Then s/he just turned around and went back into the café. S/He was in such a hurry to get away from me s/he even left the bag of trash on the ground. I tried to follow Townsend inside to ask more questions about where my mom was, but s/he locked the door. I ran back around front to see if s/he had opened the front door yet. That s when I saw the two cops. One of them was Detective Taylor who was always around the neighborhood. I told them that my mom had a fight with Townsend because Townsend had fired her for saying she was going to report her/his putting horsemeat in the burgers. I said my mom had disappeared and Townsend wouldn t tell me where she was. Taylor took off to look for my mom and the other cop stayed with me. He took me to a fast food place down the street and bought me hot cocoa. A while later, Taylor and this woman I'd never seen before showed up. Taylor told me my mom was dead and the woman said she was taking me into protective custody. She asked me if I needed to pack a suitcase, like we owned luggage or something. I told her I already had my "suitcase" with me, which was a grocery sack with the only other clothes I had besides the ones I was wearing. She took me to some government building where I spent the night and the next day they moved me to where I am now. Detective Taylor came and asked me a bunch of questions and I told her/him the whole story again. I explained how Townsend fired my mom because she knew Townsend was using horsemeat in the burgers and how my mom went to Townsend to try to get her job back. I told the Detective about the big fight and how I had seen Townsend throw something into the dumpster that looked like a 34

157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 stone from the pavement in the alley behind the Silver Streak. There was a stone in the dumpster and they found Townsend's fingerprints on it. Now s/he's been arrested. Townsend says s/he didn t kill my mom, but I don't believe her/him. Besides, even if s/he didn't, it s still her/his fault my mom's dead. If Townsend hadn't fired my mom, we'd still be living in our little apartment, and she'd still be alive. I want her/him to pay for ruining our lives. Witness Addendum I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct. SIGNED Mickey Jameson Dated: December 2, 2013 35

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Witness Statement of Pat Gonzales My name is Pat Gonzales, and I'm 26 years old. I work for Prime Cuts Meat Company in Adams, where I started as a cashier right after high school. When my boss sent me to temp in the payroll department, I saw what a lot of the other employees earned. Drivers have the best job, because they get to do different things and see different people every day. And, they also make good money. I wanted to stay with Prime Cuts because it's a great company, and they treat their employees well. So, each time there was an opening for a driver, I applied. Eventually I got hired, due in large part to a recommendation from Sandy Townsend. S/He's the owner of a local restaurant, and, thanks to my older brother who was good friends with her/him from school, Sandy had hired me to work one summer for her/him when I was in high school. Back then, s/he owned a small, neighborhood grocery and I was her/his delivery driver. S/He really gave me a break one time when I had a lapse in judgment and drank some beers while I was out making deliveries. The cops picked me up and hauled me back to the store. Sandy promised to take me home, so they wouldn't make me go to the juvie hall. Sandy and the owner of Prime Cuts were friends, and they have done a lot of business together over the years, so I used Sandy as a reference on the application to be a driver. S/He didn't reveal anything about the drunk driving incident. S/He said everyone deserves a second chance, and I'm really glad s/he gave me a good recommendation. If the people at Prime Cuts even suspected I had been caught drinking and driving, there's no way they would have let me become a driver. I think, even all these years later, if they knew, I might lose my job. I've done well as a driver. I don't have one of those special hauling licenses where you to have to learn about loading bridges, vertical clearance and self-propelled weight limits. And I'm sure not qualified to drive for WIPP, but hauling radioactive waste down I-25 isn't exactly my idea of a great career move, anyway. So I've just taken a few safe-driving courses and attended some driver safety seminars. I'm also getting into safety-related volunteer activities. For instance, I joined the Independence Traffic Safety Bureau's Safe Community program. I signed up to be part of the Citizen Involvement and Input section. I don't know a lot about the program yet, but with the Safe Community project there are neighborhood leaders, advocates, and concerned citizens who take a role in planning and implementing a self-improvement program. It's supposed to help the community's overall quality of life by controlling injuries. I don't exactly know what all is involved because I haven't actually had time to go to the training, but I am signed up and I want to help make the community a safer place. My record as a Prime Cuts driver is spotless. I travel the Big I a lot, sometimes more than once a day, and even with all the construction, I've never had so much as a close call. I've worked my way up in my department, so now I have a really good route, where I like all my customers. I eat at several of the restaurants or have coffee sometimes, and none of the owners ever let me pay, Sandy included. That shows the customers are happy with the product and with me. I only have a high school diploma and a few night classes, and those driver safety courses I've taken, but I make a decent living, and I have full benefits, which is more than I can say for a lot of those people I see hanging around my delivery area downtown. I deliver to a lot of businesses, and several of the managers have mentioned they're concerned about the number of homeless people on the streets. They say the homeless people hassle passersby, looking for a handout. That's why they started some action group to pressure the city to move the shelters and other service providers away from the downtown area. I know not all homeless people choose that life, but don't you think there are a lot who are just lazy? You know, why should they work, if they can have it for free? Take that Terese Jameson who worked for Sandy. I learned recently that she was a homeless person, which explains a few things. Knowing Sandy, I can't believe she was hired at the café at all, so she was lucky to 36

53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 have a steady job working for a reputable business. I guess that wasn't incentive enough for her, though, because she just wouldn't come to work on time. That's why Sandy finally fired her, and based on my observations, I don't blame her/him. I'm serious. On several different days when I was unloading the Silver Streak's order, Terese would come rushing in late. I deliver there three times a week, so I don't remember the exact days, but they had to be Tuesdays, Thursdays or Saturdays. Anyway, I just know it happened a lot, because I saw it. She was usually only about 20 minutes late, but in a restaurant, that can make a big difference. Sometimes she was even later than that, and I heard Sandy let her have it several times about her tardiness. You see, it created a huge problem for Sandy because s/he made all the hamburger patties her/himself. Several of my other customers use the pre-mades or even the frozen, but not Sandy. S/He made them fresh every day. I know it had to take a lot of time because the café s usual order was between 80 and 100 lbs. of beef three times a week. So, back to the day in November when Sandy and Terese supposedly got into a fight, I had finished unloading the meat, and as usual Sandy offered me coffee, which I accepted. We were talking and then Terese walked in. At the time, I didn't know why she was there, and she didn't even speak to me. She and Sandy went to the back. In about 10 or 15 minutes, Sandy came back out to the counter and asked me to go to the back, so I could get the check for the delivery. S/He said that Terese had come to the café to try to get her old job back. Sandy had refused and had shown her out the back door. If Sandy had screamed or yelled at Terese, I would have understood. After all, she had been a totally unreliable employee and had been let go for good cause. I thought it was pretty over the top for her to come around thinking she could get her job back. Anyway, I was sitting right at the counter, drinking my coffee, and I didn't hear any shouting or angry conversations between the two of them. Frankly, none of it was any of my business, anyway, and I was worried about getting behind schedule on my deliveries. I'm trying to maintain my excellent record at Prime Cuts and having their meat deliveries on time is one of the things my customers really care about. So I left the delivery receipt on the desk, thanked Sandy for the coffee, and went out through the back door into the alley. I walked to where my truck was parked and as I unlocked the driver's door, I heard some loud talking and laughing. I looked up the alley, and at the dumpster near the Silver Streak was a group of teenagers I didn t recognize. They were all gathered around the open lid looking inside. When they saw me, they slammed the lid and took off running up the alley in the opposite direction. I had read in the paper about the gangs that were hanging out downtown for the express purpose of "cleaning up the neighborhood." They were looking for homeless people to roust them out and get them moving. There were lots of articles about how the homeless shelters affected the other people who lived and worked in the area. I know that sometimes the gangs got out of hand, because there were beatings, and now the police department has even put cops on the street in the neighborhood. I figured the teens by the dumpster were probably in of one of those gangs, so I got into my truck and drove off. I didn't know anything about the murder until I saw it on the news, but it didn't surprise me. The gangs are out of control, and the cops don't really do a thing about it. I can't believe that Sandy is charged with murder. Oh, I've heard her/him talk about the homeless problem, and I know s/he thinks it's having a really bad impact on the café's business, but s/he wouldn't kill somebody over that. Lots of local business owners think the same way. I also know that they're saying the reason Sandy supposedly did it was to keep Terese from going to the health authorities. She was claiming the Silver Streak was supplementing their famous all-beef burgers with horsemeat. That's ridiculous. I've been delivering to that store for over four years, and there's no way that was going on. Believe me, if I'd had any suspicions about that, I would have reported it immediately. To begin with, I would never have anything to do with breaking the law. I don't even get parking tickets. The other thing is if I were caught participating in a horsemeat scam, I'd lose my job in a heartbeat. But also I wouldn't get involved in anything where cruelty to animals was 37

105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 involved. I love horses. Even though I don't really know anything about horses, I love them because they're such beautiful animals. That's one of the things my brother and I really disagree about. He works as the night manager at the dog food factory, and they use lots of horsemeat there. He says the dogs that get their company's food are really lucky, because horsemeat is considered a delicacy in many countries. I tried it once on a dare from my brother. I thought it tasted kind of like beef, but I didn t like it, because I knew where it came from. There have been rumors that some of the factory s employees have sold horsemeat to some of the restaurant owners in the area, but I don't know if that's really true and my brother says it s not. I guess if you were willing to risk it, it would be one way to really cut costs. Our prime extra-lean ground sirloin sells for $2.49 a pound wholesale. For years, horsemeat sold for only $.40 to $.50 a pound. But like everything else, the price has gone up in the last few years. Right now, I think, it's now up to about $.85 a pound, and you could probably get it for less if you knew someone to buy it from. Even so, it's about a third the cost of beef, but you'd have to sell a lot of it to make it worth the risk, I think. I m also pretty sure that anyone from the dog food factory would lose their job if they were caught selling horsemeat on the side. Seems like the factory would want that meat to go to the dogs, not employees friends. Anyway, I love all animals. I support several animal rights and care-giving organizations like the World Wildlife Fund, PETA, and the Greyhound Rescue Coalition and so on. I know. I know. I'm singing two different songs here. I love animals, but I work for a company that makes its money from selling dead animal products namely cows, chickens, and pigs. Maybe that makes me a hypocrite, but I swear I don't know anything about horsemeat at the Silver Streak. I wouldn t eat there if I did. I love horses. Witness Addendum I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct. SIGNED Pat Gonazales Dated: December 2, 2013 38

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Witness Statement of Jean/Gene Wade My name is Jean/Gene Wade, and I am a resident of Jeffers. Things have not been easy for my family for the past five years. My wife/husband, Jo/e, was killed when s/he was struck by a drunk driver on the way home from work one day. It turned out to be some idiot who had been at a local bar attending a going-away party for a co-worker. The driver had been drinking all afternoon. Jo/e left work a little after 5pm that day and by 5:30, s/he was dead. Of course, the driver had no insurance and no money, so that left me with five children to take care of by myself, without collecting anything. On top of that, I recently lost my job at the Phillips plant when it closed so now we re barely scraping by. It s really hard to take care of kids these days. I do my best, but I m not always successful. One of my children, Stephen, is the leader of a local gang. Stephen is only 19, and he joined the gang when he was 14. He started in the gang, right after Jo/e was killed. He was just lost, and I couldn't console him. He said he joined the gang so that his younger brothers and sisters would be able to walk home from school without being accosted by other gang members. I wasn t so sure that was the reason. Instead I think he thought it was cool to be a gang member. I will say, however, that it was kind of nice walking home at night, knowing that I didn t have to worry about being attacked. I didn t think that Stephen was involved in drugs or alcohol and in the beginning, I thought the gang was more social than anything else. Boy did that turn out to be wrong. Stephen worked his way up to being the leader, which he said he did by winning fights and protecting his turf. You have to understand something about gangs. They are extremely territorial, and Stephen claimed that he hated the way the homeless people took up space on his block. I have to admit that he also felt that they were easy targets. Occasionally, I heard him and his friends laughing and saying they planned to wait for them at the check cashing place and then take their money after they cashed their welfare or disability checks. It never occurred to me they were serious. I also heard them talking one time about how they getting homeless people drunk made them even easier targets. I learned that Stephen bought cheap liquor for that old man, Skeeter Ferris, a former cemetery grounds keeper who had lost his job for drunkenness. The pour soul almost died from hypothermia after he passed out in the back alley by the Silver Streak last year. Only the yipping from his dog Wolf got the attention of Detective Taylor. Stephen always said that the homeless stunk up the place and that they were the reason it was unsafe to be on the streets of downtown Jeffers. To be perfectly frank, I think Stephen's attitude toward them was more about him than it was about them. What I'm trying to say is that I believe it gave him someone to look down on. As long as he had a roof over his head, he could feel superior. He wasn't superior, of course, but sometimes when we don't feel good about ourselves or our station in life, I think we make ourselves feel better by looking down on others. I know I should have done something about him long ago, but I was afraid of him. Even though he was my child, I was still scared of him. What if I reported what he was doing, and he or his gang members retaliated against me or my other children? I know where the Silver Streak is; I used to go there when I had a job. The food was pretty good definitely the best burgers in town. I also know Ms./Mr. Townsend, who is the owner. S/He isn t a bad person. In fact, s/he is my landlord, and when I couldn't pay the actual rental rate on our apartment after I lost my job, s/he cut me some slack. The apartments are very small, and they're certainly not luxurious by any stretch. In fact, to be completely honest, they're really kind of dumpy. One day when s/he was in my apartment to collect the rent, Townsend complained how the homeless were ruining the neighborhood and making customers afraid to go to her/his restaurant. Stephen blurted out I ll take care of them. I asked what he meant by that, but he just ignored me. Sometimes I wondered if Townsend gave me a break on my rent because of Stephen, and to be honest I sometimes thought maybe. Stephen told me that Townsend occasionally paid him for odd 39

54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 jobs. I said What for? So you could run the homeless off. He just laughed and said No! For sweeping. I responded, I know what you are sweeping out of the neighborhood. Anyway, it explained why he had money, although he would never think of using any to help out the family. Really, Ms./Mr. Townsend isn t an evil person. Besides giving me a break on my rent, s/he does a lot for our community. I think her/his activism on getting the homeless problem cleaned up is of huge benefit. S/He is a hero and, because of that, and, I have to admit, because s/he gave me a break on my rent, I nominated her/him to receive the Community Hero award. I was horrified to learn that Terese Jameson had been murdered. I had heard that she had argued with Ms./Mr. Townsend over something but I wasn t sure what it was about. In fact, I heard Stephen and his friends talking about it, how Ms. Jameson was found lying in a pool of blood behind the Silver Streak, and the police thought she was killed with a stone. It was sad how they laughed about it, and I remember one of Stephen s friends saying that it was one less homeless to deal with. Stephen said something about maybe Ms./Mr. Townsend would give them another free meal. I have no idea what he meant by that. Stephen was a braggart, always telling his brother and sisters about things that he had done, like stealing and scaring the homeless people. I have never seen him do anything like that but I know he has that reputation. I think he enjoys being thought of as a bad guy and loves his nickname, Big Dog. I remember, one day, I heard him talking about how he had mugged some lady leaving an office building, but then I learned a few days later that another person had actually been arrested for doing it and had even admitted to the crime. It just goes to show you could never trust what Stephen had to say. This was one time where if I had believed him and reported it to the police, it would have turned out that I had done so in error. Then, if Stephen or one of his gang had tried to get revenge, I would have put my other children at risk for no reason. I m not completely sure why Stephen s gang exists. They say that gangs provide a family-like atmosphere for kids, but Stephen had a family, so why did he need to be in a gang? I don t think they really use drugs, and I think they only steal money so they can buy alcohol or other things we can't afford. It s funny that Stephen would never offer to buy groceries for the family or help me with the rent, but he always wore the fanciest sneakers, and a couple of times, he and his friends would show up at our place in pretty nice cars. Not that I would have wanted anything he had stolen, anyway. Whenever I asked where he had gotten money, he would tell me he found it. He also always claimed the cars weren't his. It occurred to me that he and his friends probably stole them for joy riding, but wouldn't it have been reported by the owner? Wouldn't the police have come to talk with me, if they suspected Stephen was involved? Stephen has had it in for the Jameson kid ever since that fight they got into in front of the shelter. Mickey apparently made a fool of Stephen in front of all the homeless people who stayed there. Apparently, Mickey sprayed mace or something at Stephen, who ended up on the ground. Someone from the shelter called me to tell me about the incident and to see if I couldn't get Stephen to quit harassing the shelter's clients. They even sent me copy of the report, which as I recall showed the fight was really Mickey's fault. It also said that Mickey was in trouble for stealing money from the shelter s office. Anyway, Stephen vowed to get Mickey and his worthless mother back, but I really didn t believe he meant anything by it. You know, I thought he was just being a wise mouth again like he always was talking big but not backing it with any actions. As Stephen's attitude got worse and worse, I became worried his younger brothers and sisters would want to get involved in his gang. You know, he would bring his friends over and my other children would hear stories that might seem exciting to kids. I was afraid, because I knew if that happened, their chances to finish school would be over. Stephen dropped out when he was in the 10th grade, and it's really something of a miracle that he stayed in school that long. I keep trying to tell my kids that education is important; it s the only way they can hope to have a better life than the one they re growing up with. 40

108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 A few days after I learned that Ms. Jameson had been killed, Stephen and I got into an argument. I had a few dollars that I was going to use to take the younger kids to get ice cream. There was rarely money for things like that, so we were all really looking forward to it. It wasn't a fortune by any stretch only about $12 that was sitting on the counter in the kitchen. Stephen and a couple of his friends had been in the kitchen talking about this and that, and I told him that I was going to take his brothers and sisters out. He said something like go ahead, what do I care? I went to put on my coat, and when I came back a few minutes later, Stephen and his friends were gone, and so was the money. When Stephen came back about an hour later, I confronted him right then and there. We had a huge argument. He had never been that angry and aggressive toward me. He had a water glass in his hand, which he shattered against the counter and said don t you dare ever question me again. You heard about that woman behind the Silver Streak I can arrange that for you, too. I didn't want to believe that Stephen had really killed Ms. Jameson, but maybe he despised homeless people enough that he could have done it. Of course this is terrible to have to admit, but I have read about kids who start by committing petty crimes but then after a while it leads to more violent behavior like robbery and even worse crimes. So that was it for me. Despite my fears for my other children and for myself, I kicked him out and told him not to come back. I tried to get him to see that I felt I had no other choice but to save my family from him. He wouldn't listen, though. He left that day, and I have not seen him since. I know the police were looking for him, too, but they tell me they have also been unable to locate him since he was interviewed by Detective Taylor. Part of why I suspect Stephen and his gang are responsible for the Jameson woman's death is that I really can t believe that Ms./Mr. Townsend would actually resort to violence. I also can t believe that s/he would serve horsemeat in the food at the Silver Streak, but that's what everyone in the neighborhood is gossiping about. I know s/he fired Ms. Jameson, but that was because she was always late to work. It just makes no sense. Hopefully, if s/he gets the Community Hero award, it will end any investigation of her/him for the Jameson murder. You know, shortly after I nominated Mr./Ms. Townsend for the Community Hero award, I saw her/him, and s/he was looking kind of down. Townsend said s/he was afraid the homeless were destroying the restaurant s business. In order to try to cheer her/him up, I mentioned that I had nominated her/him to receive the award. I think it made her/him feel better, because s/he said something about how maybe now people would see s/he wasn't an evil person for trying to rid the neighborhood of homeless people. I've heard from other tenants in the building that Townsend can be difficult, but I've never had that experience. S/He acted as if the Silver Streak meant a lot to her/him. It really seemed to be her/his pride and joy. Even so, no matter how much s/he prized the restaurant, surely s/he wouldn't kill someone to save it? As painful as it is to admit, if fingers are going to be pointed at anyone, they should be pointed at Stephen. I did my best with that boy, but I obviously failed. If he would threaten me, his own parent, there's no telling what he's capable of doing. In all honesty, I have to say I wouldn t put anything past him. However, it is true that if he is in jail, the children and I will not have to worry about our safety from him. Witness Addendum I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct. SIGNED Jean/Gene Wade Dated: December 2, 2013 41

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Witness Statement of Sandy Townsend My name is Sandy Townsend. I own the Silver Streak Café. I bought the restaurant a few years back. We re just a small place; we have only ten 4-top tables, but we usually turn them over at least once per shift. We re jammed at lunch and dinner, and we do a pretty steady business the rest of the time. Although we have some other items on our menu, we're famous for our half-pound all-beef burgers, and I bet we sell more of them than nearly any other place in town. You can't believe all the meat we use. We're open for lunch and dinner, Monday through Saturday. We don't open for business until 11:00 am, but I usually get to the restaurant between 5:30 and 6:00 am to accept food deliveries and to make the hamburger patties. Produce is delivered Mondays, Wednesdays and Fridays, and meat is delivered on Tuesdays, Thursdays and Saturdays. I like to be the person who accepts the deliveries, so I can inspect the food and make sure it s the freshest available. It makes for a long day, and sometimes I wish I could trust my employees to do more of the work, but I just can t. On occasion, I have allowed one or two of them to receive the produce, but the meat? No way. The first time I met Terese Jameson was when she applied for a job at the café. I ended up hiring her, but now I really wish I hadn t, and it's not just because I am being blamed for her murder. I had really bent over backwards to be cooperative, when I hired her. For some reason, she needed to come in one-half hour late on Saturdays -- something to do with her kid. In spite of my really trying to help her out, she was a terrible employee. Unreliable as all outdoors, coming to work late every other day. She was supposed to come in by 8 am every morning, so she could do all the daily prep except make the hamburger patties, which I preferred to do myself. I admit she sometimes got in at 8:00, but more often than not she was late. That meant that in addition to doing the meat, I'd have to rush around trying to get everything else done. Sometimes she would try to make it up to me by offering to help with the patties. I never let her help with that, though. I told her I didn't need her hanging around the kitchen I needed her out on the floor doing the tables or cleaning the grill or getting the deep fryer ready. I repeatedly talked with her and explained the importance of her being on time for work, but she didn t seem to care. It was like talking to a brick wall. She kept showing up late, and I really gave her chance after chance. I believe in giving people second chances. We all make mistakes, but enough was enough. We don't have a time clock at the café, so I just started writing down her arrival times on my calendar. Once it was down in black and white, I had proof about her continual tardiness. I had no choice but to fire her. That was on September 26. She came into work that day, late as usual. I was furious because it was a Thursday, and we're always so busy going into the weekend. When I told her I was letting her go, she got really snippy with me. She said I was being unreasonable and that I should give her another chance. As I said, though, I had given her plenty of chances, and there was no way I was going to change my mind. I remember Terese saying if I didn t let her keep her job, she would be evicted from her apartment and have to live on the street. I didn t believe her. People will say anything to keep a job. After that brat kid of hers made a threatening remark to me, though, I realized what she had been saying was probably true. It was like a light coming on for me. No wonder she was so unreliable. Everyone knows that homeless people are lazy. If they weren't, they'd do something about their situation. Anyway, the kid blamed me. On a couple of occasions after I fired Terese, I ran into Mickey, and s/he was furious. S/He even threatened to make me pay for it. In a way I felt sorry for them, but I wasn't responsible for their situation. I gave her a job, and she screwed up. If I had known their history, I would never have hired her in the first place. It s not my fault she wasn t doing her job. I'm trying to run a business, and I need employees who are going to show up to work on time. Still, the threat worried me. That Mickey seems like a wild kid, and there's no telling what some of these homeless types will do. After the make me "pay for it" remark, I tried to stay as far away from 42

53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 her/him as possible. That's not easy in this neighborhood, because you see the same people all the time, especially the homeless ones. They're just like bad pennies, popping up again and again. I know now that Terese said I fired her because she confronted me about adding horsemeat to our burgers. That s ridiculous. Terese and I never had a conversation like that, and our burgers are 100% prime extra-lean ground sirloin. Can you imagine what would happen to my reputation and my business if I served horsemeat to my customers? Some time after I fired Terese, a Chris Long contacted me. S/He said s/he worked at a shelter where Terese and Mickey stayed for a time. S/He was calling to beg me to give Terese her job back. I told Chris I would never rehire Terese because she was so unreliable. As I said, had I known they had been homeless, I would never have given her a job to begin with. I really don t care what kind of personal problems Terese had. A job s a job, and she wasn t doing hers. Now, don't get me wrong. It s not as though I didn t like Terese, just because she was homeless. I wouldn t have had a problem with her, if she had done her job the way she was supposed to. There's no question Jeffers has a serious problem with the homeless, and the situation desperately needs to be cleaned up. Those people hang out in the area around my café and scare away the customers. If the police would just get them out of here, everything would be much better in the neighborhood. I'm not claiming I know where they should go. But I do know I don't want them hanging around my restaurant. Of course, I also don't want them hanging around in the neighborhood where I live, either. Homeless people make the area seem poor and unsafe. Their presence really lowers our property values. The big reason there are so many of them in the downtown area is that s where the shelters are. Sometimes I've even have trouble renting apartments in the building I own near the café because people don t think it s a safe neighborhood when they see all the homeless people on the streets. I don t hate them or anything. I really don t care about them at all. I just wish they'd stay out of the neighborhood where I have to make a living. I started a downtown neighborhood action committee, and we've been going to city council meetings to pressure then into cleaning up the problem, but so far they've refused to do anything. I even started a petition and presented it to the council, but still they took no action. Why can t the city just move the shelters somewhere else? And just so you know I'm really not against all poor people, listen to this. I have a tenant named Jean/Gene Wade, who rents one of my apartments. I worked night and day for three years at the Silver Streak to scrape together the money to buy them. Admittedly, they're pretty rundown and dumpy, and the city is threatening to shut them down for fire code violations. I'm trying to fix them up, though, and it's taking every spare dime I have. But for the Wades, living in one of them is definitely better than the alternative. They could very well be homeless, too, if I hadn't been giving her/him a break on the rent since s/he lost her/his job. I'm not a monster you know. S/He is a single parent with several kids. S/He did have a full-time job and has really been trying to do her/his best since her/his wife/husband died. And that's the difference between someone like her/him and Terese Jameson. I bet Ms./Mr. Wade didn't show up late to work every other day. And, unlike Jameson, Ms./Mr. Wade appreciates what I have done for her/him. S/He even nominated me for a Community Hero award. That should show that I'm not a bad person and how preposterous it is to think that I killed Terese. A couple of months after I fired her, Terese came to the café before we opened to talk to me. That was a shock Terese getting here at 8 in the morning, I mean. I was sitting at the counter drinking coffee and talking with Pat Gonzales, from Prime Cuts Meat Company. I get all my meat from Prime Cuts, and not just because the owner of the company is a good friend of mine. They have the best beef in town, and that's all there is to it. Anyway, I've known Pat since s/he was in high school. I used to own a little grocery, and when her/his older brother asked me to give Pat a job as my delivery person, I did. That grocery was the first business I ever owned, and I still haven't gotten over losing it in that fire. I'm sure it was homeless people who started it, probably trying to keep 43

105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 warm. The place went up in flames, and because I was underinsured, I came out with only enough to make the down payment on the Silver Streak. Anyway, about Pat. I'll never forget the night that the cops showed up at the grocery with her/him in tow. They suspected s/he was driving drunk, while s/he was making my deliveries. They wanted to know if I had given her/him liquor from the store. Of course I hadn t, and I was furious with her/him for being so stupid as to drink and drive. I could have been liable if Pat had gotten into an accident. Just the same, s/he was only a kid, and as I've always said, everyone deserves a second chance. I told the police I would take her/him home, so they gave her/him a written warning instead of taking her/him to juvenile detention. A couple of years later, Pat used me as a reference when s/he applied to be a driver at Prime Cuts. I kept quiet about the drunk driving incident and how irresponsible Pat had been. Like I said before, I believe in giving people second chances. I guess Pat really owes me big time for that one. So back to the morning when Terese came by the restaurant. It was Tuesday, November 19, and I had just finished inspecting the meat delivery. She wanted to talk to me about being rehired, if you can believe it, so we went to the back to have a private conversation. When we got into the office, Terese asked me for her job back. Frankly, I was stunned. I told her I couldn t rehire her, even if I wanted to, which I didn't. Aside from her poor performance while she was working for me, I had already hired someone to replace her. The conversation lasted a couple of minutes at the most. I showed her the calendar again, and reminded her about how many times she had been late. She tried to argue with me and claimed there were days reflecting tardiness, when she had actually been on time. S/He was crying and begging, but I wouldn't change my mind. Finally, s/he asked to leave out the back door that led to the alley, so Mickey wouldn't see her all upset and sobbing, and I let her out. I went back out front, and asked Pat to step into the office, so I could give her/him a check for the delivery. S/He asked what had happened, and I told her/him that Terese had asked for her job back, that I had said no, and that Terese had gone out the back door. Pat just shrugged, took the check, thanked me for the coffee and left to go to her/his truck that was parked in the alley. I gathered up a load of trash and went out to the dumpster that s behind my café. I lifted the lid on the dumpster, and then as I looked up, I saw Mickey at the end of the alley. As I said, that kid is a loose cannon, and I was a little scared. S/He came running toward me shouting and demanding to know where her/his mother was. I explained that she had left some time ago, and I hurried back into the café and locked the door. I guess I was in such a rush, I dropped the trash on the ground instead of throwing it into the dumpster. Shortly after that, Detective Taylor came to the back door of the café and started asking me questions about Terese. I was pretty leery of Detective Taylor. I didn t like the fact that s/he was asking me questions about Terese, or any questions at all for that matter. Taylor s had it in for me ever since I wrote a letter to her/his boss complaining that s/he wasn t doing a good job of keeping the homeless people away from my restaurant. Supposedly, the reason Taylor was assigned to this area was to keep all the people in the neighborhood safe, or at least so s/he said to me when I tried to encourage her/him to really work on the homeless problem. It was obvious from her/his attitude that s/he didn't care at all about the business people or any of our customers. All s/he seem concerned with was making sure that the local gangs left the homeless people alone. I don't get it. We're the ones who pay Taylor's salary, but instead of trying to help us out, s/he spends all her/his time trying to protect a bunch of people who don't even work. I used to think a lot of the gang members were fairly harmless. Especially that one they call Big Dog. He was Jean/Gene Wade's son, and I couldn't imagine someone like her/him could have a kid who was all that bad. A time or two, I noticed them chasing the homeless people away from the café. Frankly, I was grateful. I occasionally paid Big Dog to sweep in front of my store and do odd jobs and gave Big 44

157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 Dog and his boys free lunches occasionally because I appreciated their keeping the sidewalk near my restaurant free of trash, if you know what I mean. It looks like, though, it must have gotten totally out of hand. I mean, it's one thing to chase them down the street. It's another matter entirely to kill one of them and throw the body in a dumpster. And, that must be what happened. If you ask me, all this would have been avoided if Taylor had been doing her/his job. If s/he was supposed to be protecting the homeless, why did Big Dog and his boys have the opportunity to kill someone? Anyway, when Taylor came into the café and started asking me questions, I confirmed that Terese was an ex-employee and told her/him that she had been by earlier that morning asking to be rehired. I also let her/him know that after I refused to rehire her, she left through the back door, and that I hadn t seen her since. After that, Taylor went out into the alley. I guess s/he was trying to figure out where Terese had gone. A little while later, s/he came back into the café and asked me to accompany her/him out to the dumpster. S/He found a dead body in the dumpster, whom I identified as Terese Jameson. Detective Taylor also asked me at that time about a paving stone s/he found next to the body. S/He wanted to know whether I had touched it, and I told her/him I hadn t. Later when s/he asked me again about the stone, I remembered having thrown it in the trash. The alley behind the building is kind of crumbling, and sometimes whole stones get kicked up by the delivery trucks. Anyway, I told him I did remember touching it after all, but that I had forgotten all about it in my rush to get back into the café after seeing Mickey at the end of the alley. I mean, I was so rattled I just left the trash on the ground. How was I supposed to remember touching a stone? That's when Taylor arrested me. I knew s/he was out to get me, because I complained to her/his boss, but I didn t think s/he d take it that far. I didn t kill Terese Jameson. She was a bad employee, so I fired her. I ve fired plenty of people during my years in business. Every employer has, I guess. But, just because I fired Terese doesn t mean I killed her. And I also didn t kill Terese because of that stupid horsemeat story. I don t know who made up that bull, but I never used horsemeat in my food. Pat did tell me about rumors at the place where her/his brother worked that some local restaurants were using horsemeat, apparently because it's cheaper than beef. But I have no idea what it costs, and I don't care. I'd never consider cutting my burgers with horsemeat. After all, I'd lose every customer I have if I did something like that. Not to mention the fact that I would never get that Community Hero award if it got around Jeffers that my famous all-beef burgers were really part horsemeat. The whole thing is just ridiculous. Witness Addendum I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct. SIGNED Sandy Townsend Dated: December 2, 2013 45

Exhibit 1: Alleged Murder Weapon Blood stains & skull matter at this end 46

Exhibit 2: Incident Report Date: May 29, 2013 Giving Hope by Lending a Hand to the Homeless Circle of Hope Incident Report Submitted By: Corey Maestas, Shelter Worker, CM Resident: Mickey Jameson Incident: On Tuesday, May 28, 2013 resident Mickey Jameson was caught trying to steal money from petty cash. The money box is kept in the front office and usually contains approximately $150.00. These funds are used to purchase emergency supplies and provide transportation, when necessary, to doctors or hospitals. Sometimes, a small amount of the money is given to a resident when the shelter has no space for him or her. Mickey was seen leaving the front office, and when confronted and searched was found to have $30.00 in her/his pocket. S/He claimed s/he found the money outside. The police were called, and during a subsequent search, s/he was found to be carrying pepper spray and a nail file. Weapons of any kind are not allowed at Circle of Hope. Furthermore, the officer believed the nail file was used to jimmy the lock to the front office and to the money box. At the time of the incident, we did not have a completely accurate account of the money in the box, and, therefore, the officer told us we could not prove Mickey had stolen the money. It is my belief, however, that Mickey Jameson did steal the money since there was only approximately $110.00 left in the money box. I think that when s/he heard someone coming, s/he tried to leave the office before s/he could take the rest of the money. This was Mickey Jameson s second offense, the first being when s/he was involved in a fight outside the shelter s front door. The fight was with a local gang member, and Mickey was observed kicking the gang member when he was already on the ground. The gang member's nickname is Big Dog. As a result of these two incidents, I was instructed by the shelter director to advise Mickey's mother, Terese Jameson, that she and her child must vacate the premises the following morning. When I told Mickey and her/his mother this, Mickey cursed at me and said that we were putting them back on the streets. S/He is a very angry child and quite a troublemaker. Police notified: Yes [ X ] No [ ] Further action needed: Yes [ ] No [ X ] 47

Exhibit 3: Silver Streak Café September Calendar Page SEPTEMBER 2013 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Labor Day 8 am-5 pm T- 8 am-6 pm 8 am-6 pm 8 am-7 pm 8:30 am-7 pm 8 9 10 11 12 13 14 9 am-5 pm 15 16 8 am-5 pm 17 8 am-6 pm 18 8 am-6 pm 19 8 am-7 pm 20 8:30 am-8 pm 21 8 am-6 pm 22 23 8 am-6 pm 24 9 am-6 pm 25 8 am-7 pm 9 am-7 pm 8:30 am-8 pm 26 27 28 8 am-6 pm 29 30 8 am-6 pm 9 am-6 pm 48

Exhibit 4: Delivery Receipt Prime Cuts Meat Company We ll Cut You a Prime Deal! 829 Benton Road Adams, Independence 08119 555/222-0314 Date of Order: 11/16/13 Tracking #: 12940-03 Order Taken By: S. Phillips Business Name: Silver Streak Cafe Account #: SS100 Address: 555 Central Circle, Jeffers Phone: 555-763-2844 Order Placed By: S. Townsend Delivery Scheduled: 11/19/13 Item Quantity Unit Price Total Price Premium ground beef PB400 85# 2.49/# $211.65 Sirloin steaks @ 12 oz. SS300 20 7.49/ea. $149.80 Chicken breasts @8 oz. CB210 40 2.29/ea. $91.60 Pork chops @6 oz. PC102 30 2.89/ea. $86.70 Delivery Person s Signature: Pat Gonzales I hereby acknowledge receiving the above items in the quantities indicated. Sandy Townsend 11/19/2013 Name Date 49

Exhibit 5: Community Hero Award Nomination Letter October 1, 2013 Nominating Committee Community Hero Award P.O. Box 999 Jeffers, Independence 00111 Dear Committee Members: I would like to take this opportunity to nominate Sandy Townsend for the Community Hero Award which will be presented on December 1, 2013. As all of you must know by now, Ms./Mr. Townsend is a respected member of the business community. Her/His restaurant, the Silver Streak Café, is a landmark in the neighborhood and is a gathering place for many of the residents on a daily basis. In addition, Ms./Mr. Townsend owns apartments, and, as city officials will tell you, s/he has never been cited for housing violations. In addition, s/he has always treated her/his tenants well. I would like to tell you just one story that has affected me personally, showing Ms./Mr. Townsend s generosity for which I am truly grateful. As you know, when the Phillips Plant closed, many people in this city lost their jobs. Unfortunately, I was one of them and, as a result, had an extremely difficult time paying my rent. I am a single parent with several children, and we were in a very bad position financially. When Sandy Townsend realized my situation, s/he, out of the goodness of her/his heart, reduced the amount of my rent for several months. This was extremely important to my family, since it prevented us from becoming homeless. I have heard many other stories about Ms./Mr. Townsend allowing individuals to stay in their apartments with either reduced rent or, for a short time, no rent at all. Many in this community would gladly support this nomination for that reason alone. If that were all Sandy Townsend did, s/he would be deserving of the Community Hero Award. There is, however, another reason to honor her/him. Ms./Mr. Townsend has worked long and hard to get the homeless people out of the neighborhood, so it will be a clean and safe environment for all of us who live and work here. I know that I and many of my neighbors feel safer when we go out because of Townsend s efforts. I think that when you consider Sandy Townsend s contributions to this community, you will agree with me that s/he is the individual most deserving of being given the Community Hero Award this year. Thank you for your consideration of my nomination of Sandy Townsend. Very truly yours, Jean/Gene Wade 50

Exhibit 6: Complaint Letter to Jeffers Police Department Chief Silver Streak Café 555 Central Circle Jeffers, Independence 00111 Phone: 555/763-2844 Fax: 555/763-2843 E-mail: ssc@yagoo.com October 8, 2013 Jeffers Police Chief 400 Roma Road Jeffers, Independence 00112 Re: Detective Rae/Ray Taylor Dear Chief Clark: I am writing this letter to make a formal complaint against Detective Rae/Ray Taylor, the police Detective responsible for patrolling the neighborhood near my establishment, the Silver Streak Café. As you probably know, numerous homeless individuals live out on the city streets and many have taken up residence in the downtown neighborhood. Despite frequent requests by me and other residents and business owners, Detective Taylor has refused to make the homeless leave the area. In addition, there has been a recent increase in gang activity in the area. These thugs often rob the homeless. In fact, I think they do a better job of getting rid of the homeless than Detective Taylor does. Detective Taylor is assigned to protecting the safety and property of those living and doing business in this neighborhood. S/He is not doing her/his job, and I would appreciate it if you would sit down and discuss this with her/him. If s/he continues to be unwilling to protect those of us who pay taxes (which pay officers salaries), I demand that you convene an oversight committee to investigate this matter. I would appreciate your written response to my concerns. I am asking that you protect our community and look into whether Detective Taylor is performing her/his duties properly, which I absolutely believe s/he is not. Sincerely, Sandy Townsend Sandy Townsend Try our famous half-pound 100% extra lean all-beef burgers with green chile and cheese! 51

MINNESOTA HIGH SCHOOL MOCK TRIAL COMPETITION RULES Any clarification of rules or case materials will be issued in writing to all participating teams no less than two weeks prior to the tournament. Each team is responsible for the conduct of persons associated with the team throughout the mock trial event. I. Rules of the Competition A. Administration 1.1 Rules... 55 1.2 Code of Conduct... 55 1.3 Emergencies... 55 B. The Problem 2.1 The Problem... 55 2.2 Witnesses Bound by Statements... 55 2.3 Unfair Extrapolation... 56 2.4 Gender of Witnesses... 57 2.5 Voir Dire... 57 C. Teams 3.1 School and Team Eligibility... 57 3.2 Team Composition... 58 3.3 Team Presentation... 58 3.4 Team Duties... 58 3.5 Team Roster... 59 D. The Trial 4.1 Courtroom Setting... 59 4.1(A) Pretrial Matters... 60 4.2 Stipulations... 61 4.3 Reading Into The Record Not Permitted... 61 4.4 Swearing of Witnesses... 61 4.5 Trial Sequence and Time Limits... 61 4.6 Timekeeping... 62 4.7 Time Extensions & Scoring... 62 4.8 Motions Prohibited... 62 4.9 Sequestration... 62 4.10 No Bench Conferences... 63 4.11 Supplemental Material/Costuming/Exhibits... 63 4.12 Trial Communication... 63 4.13 Viewing a Trial... 63 4.14 Videotaping/Photography... 63 4.15 Jury Trial... 64 4.16 Standing During Trial... 64 4.17 Objections During Opening Statement/Closing Argument... 64 4.18 Objections... 64 4.19 Reserved... 65 4.20 Procedure for Introduction of Exhibits... 65 52

4.21 Use of Notes & Standards for Judging... 66 4.22 Redirect/Re-cross... 66 4.23 Scope of Closing Arguments... 66 4.23.1 Team Conference... 66 4.24 The Critique... 67 4.25 Offers of Proof... 67 E. Judging and Team Advancement 5.1 Finality of Decisions... 67 5.2 Composition of Judging Panels... 68 5.3 Score Sheets/Ballots... 68 5.4 Completion of Score Sheets... 68 5.5 General Contest Format/Team Advancement... 68 5.6 Power Matching/Seeding... 70 5.7 Selection of Sides For Championship Round... 70 5.8 Effect of Bye/Default... 70 F. Dispute Resolution 6.1 Reporting a Rules Violation/Inside the Bar... 70 6.2 Dispute Resolution Procedures... 71 6.2.1 Complaint/Grievance Process... 71 6.2.2 Unsolicited Communication between Coaches & Judges... 72 6.3 Effect of Violation on Score... 72 6.4 Reporting a Rules Violation/Outside the Bar... 72 II. Rules of Evidence Article I. General Provisions 101 Scope... 73 102 Purpose and Construction... 73 Article II. Judicial Notice 201 Judicial Notice... 73 Article III. Reserved Article IV. Relevancy and its Limits 401 Definition of Relevant Evidence... 74 402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible... 74 403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time... 74 404 Character Evidence Not Admissible to Prove Conduct... 74 405 Methods of Proving Character... 74 406 Habit; Routine Practice... 75 407 Subsequent Remedial Measures... 75 408 Compromise & Offers to Compromise... 75 409 Payment of Medical or Similar Expenses... 75 410 Inadmissibility of Pleas, Plea Discussions... 75 411 Liability Insurance (civil case only)... 76 53

Article V. Privileges 501 General Rules... 76 Article VI. Witnesses 601 General Rule of Competency... 76 602 Lack of Personal Knowledge... 76 607 Who May Impeach... 76 608 Evidence of Character and Conduct of Witness... 76 609 Impeachment by Evidence or Conviction of Crime... 77 610 Religious Beliefs and Opinions... 77 611 Mode and Order of Interrogation and Presentation... 77 612 Writing Used to Refresh Memory... 78 613 Prior Statements of Witnesses... 78 Article VII. Opinions and Expert Testimony 701 Opinion Testimony by Lay Witnesses... 78 702 Testimony by Experts... 79 702.1 Expert Witness Qualification... 79 703 Basis of Opinion Testimony by Experts... 79 704 Opinion on Ultimate Issue... 79 705 Disclosure of Facts or Data Underlying Expert Opinion... 79 Article VIII. Hearsay 801 Definitions... 80 802 Hearsay Rule... 80 803 Hearsay Exceptions, Availability of Declarant Immaterial... 81 804 Hearsay Exceptions, Declarant Unavailable... 82 805 Hearsay Within Hearsay... 83 Article IX. Authentication and Identification (Not applicable) 83 Article X. Contents of Writings, Recordings and Photographs (Not applicable) Article XI. Other Rules 1103 Title... 83 Team Roster Sample Form.....84 Pretrial Matters Script..85 54

I. RULES OF THE COMPETITION A. ADMINISTRATION Rule 1.1 Rules All trials will be governed by the Rules of the Minnesota High School Mock Trial Competition and the Minnesota High School Mock Trial Rules of Evidence. Rules with the NHSMTC designation appear in these rules only as notification to the team representing Minnesota at the National High School Mock Trial Championship (NHSMTC) that additional and different rules govern that tournament. (See Rule 1.3 for an example.) This designation does not imply that rules governing the NHSMTC govern this, the Minnesota Mock Trial Tournament, in any way. Questions or interpretations of these rules are within the discretion of the Minnesota State Bar Association (MSBA), whose decision is final. Rule 1.2 Code of Conduct The rules of competition, as well as proper rules of courthouse and courtroom decorum and security, must be followed. Coaches, judges, spectators and students alike are expected to work with one another on a professional level at all times. The MSBA possesses discretion to impose sanctions, up to and including forfeiture or disqualification, for any misconduct, flagrant rule violations or breaches of decorum which affect the conduct of a trial or which impugn the reputation or integrity of any team, school, participant, court officer, judge or the mock trial program. Rule 1.3 Emergencies (NHSMTC) B. THE PROBLEM Rule 2.1. The Problem The problem will be a fictional fact pattern which may contain any or all of the following: statement of facts, indictment, stipulations, witness statements/affidavits, jury charges, exhibits, etc. Stipulations may not be disputed at trial. Witness statements may not be altered. The problem shall consist of three witnesses per side, all of whom shall have names and characteristics which would allow them to be played by either males or females. All three of the witnesses must be called. The fact that information is contained in a statement of facts, indictment, witness statement/affidavit, or exhibit does not mean that the information is admissible or has been admitted into evidence. Proffers of evidence must be made and ruled upon during the course of the trial itself. Rule 2.2 Witnesses Bound by Statements While students are encouraged to research the topic for their own general benefit or as part of a class project, the information, data, or citations generated from outside research may not be introduced at trial, and may result in point deductions. Thus, students may cite only the cases and laws given in the official case materials, and may introduce as evidence only those documents provided as exhibits in the trial script. 55

Each witness is bound by the facts contained in his/her own witness statement, the Statement of Facts, if present, and/or any necessary documentation relevant to his/her testimony. Fair extrapolations may be allowed, provided reasonable inference may be made from the witness' statement. Some extrapolations of facts not in the record are allowed since some additional information may be necessary to make the case realistic. As an example of a fair extrapolation, background information such as date or place of birth would be a minor construction and allowed to amplify or humanize the case. Unfair extrapolation that would not be allowed includes information pivotal to the particular facts at issue. Only those facts which are neutral to both sides are fair extrapolations. If you have a question as to whether a particular added fact would be allowable background information, or if you believe it might be an unfair extrapolation, do not add the questionable fact. As a general rule of thumb, the more the supplemental information helps your case, the more cautious you should be in adding it to the witness testimony. When in doubt, leave it out! It is virtually impossible to provide witnesses with detailed answers to every conceivable question that lawyers can ask. The witness statements are not intended as a complete life history and, for the most part, information not in the statements will be irrelevant and should be subject to objection. If an attorney s question solicits unknown information, the witness may supply an answer of his/her choice, so long as it does not materially affect the witness testimony. Try to avoid a rigid, mechanical approach to the trial (the witness statements are not scripts), but stay within the bounds of honest competition. Remember that your presentation is graded not the merits of the case. Just as in our judicial system, lawyers must deal with the facts which exist. Attempts to bolster the witness testimony with added facts may be met with disapproval from the judges. If, in direct examination, an attorney asks a question which calls for extrapolated information pivotal to the facts at issue, the information is subject to objection under Rule 2.3, unfair extrapolation. If, in cross-examination, an attorney asks for unknown information, the witness may or may not respond, so long as any response is consistent with the witness' statement or affidavit and does not materially affect the witness' testimony (i.e., would not be considered unfair extrapolation under Rule 2.3). A witness is not bound by facts contained in other witness statements. Witnesses must be prepared to deal with any inconsistencies between their own statement and the case materials. Witness statements are subject to all of the human inaccuracies that people make in similar situations. These include distortion and even dishonesty. Rule 2.3 Unfair Extrapolation Unfair extrapolations are best attacked through impeachment and closing arguments and are to be dealt with in the course of the trial. A fair extrapolation is one that is neutral. Attorneys shall not ask questions calling for information outside the scope of the case materials or requesting an unfair extrapolation. If a witness is asked information not contained in the witness' statement, the answer must be consistent with the statement and may not materially affect the witness' testimony or any substantive issue of the case. If the question would elicit an unfair extrapolation the witness may answer, There is no information in my witness statement to answer this question. 56

When an attorney objects to an extrapolation, a witness responds to an extrapolation, or a witness responds to a question with an answer of no information in my statement, the judge should rule immediately in open court to clarify the course of future proceedings. The burden of proof with respect to the objection is on the objector. The purpose of the rulings is to avoid an irrelevant digression from the statement of facts either through attorney questions or witness responses. Participants should understand that any ruling by a judge from the bench is not to be taken as an indication of scoring merit or of the eventual outcome of the trial. Student attorneys should be aware of these alternatives and feel free to use them as they might benefit the strategy of the team. Do not become overly obsessed with handling extrapolations. Bring your concerns to the judges attention and move on with the rest of the trial. Attorneys for the opposing team may refer to Rule 2.3 in a special objection, such as "unfair extrapolation" or "This information is beyond the scope of the statement of facts." Possible rulings by a judge include: a. No extrapolation has occurred; b. An unfair extrapolation has occurred; c. The extrapolation was fair. When an attorney objects to an extrapolation, the judge will rule in open court to clarify the course of further proceedings. The decision of the presiding judge regarding extrapolations or evidentiary matters is final. Judges should use their scores to reflect whether they believe that unfair extrapolation has occurred, but scoring judges may not do so if the presiding judge has ruled in open court that no such extrapolation has occurred. Rule 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. Rule 2.5 Voir Dire Voir dire examination of a witness is not permitted. C. TEAMS Rule 3.1 School and Student Eligibility The competition is open to students currently enrolled in grades seven through twelve in all Minnesota schools. Program information and registration forms are mailed to appropriate school personnel at the beginning of the school year. To participate in the competition schools must return a completed entry form and registration fee for each team entered. Registration fees will not be refunded after October 31. In addition to the registration fee, a $50.00 late drop deposit is required to register for the season. The late drop deposit will be refunded to teams that remain in the tournament after the team drop-out deadline. Teams may opt to apply the current year s late drop deposit refund to next year s late drop deposit. Any team that drops out of the tournament after the drop-out deadline forfeits their late drop deposit. Registration forms received after October 17 will not be guaranteed trials in the competition. 57

A school may enter up to four teams in the competition. This limitation does not prevent a school from entering more than four teams in an invitational, scrimmage, or other event. For schools with more students interested in participating than can be accommodated on the number of mock trial teams for which the school is eligible, there are various options: Hold tryouts for the mock trial team(s) and have the teacher coach (the attorney coach may also want to participate) select team members. Hold intraschool rounds to determine which students will represent the school in regional and state competition. Create practice teams comprised of less experienced members and allow only upper class students to be on the school s official teams. Schools must follow the MSBA procedures for confirming their trial schedules or be disqualified from entering the competition the following year. Rule 3.2 Team Composition Each team must consist of at least eight primary members: three witnesses, three attorneys, a timekeeper and one alternate. In any given round of competition, seven students must participate. There is no limit to the total number of students who can be members of the team. At least two students on the team must participate in a scoring role in every round for which the team qualifies. Once a student has participated in a scoring role on a team, that student cannot participate on another team for the remainder of the rounds for which the team qualifies. A student need not participate in the same scoring role in each round. A scoring role is defined as an attorney or witness that receives a score during a round. Every team must be fully prepared to argue both sides of the case. Schools cannot have a separate prosecution team and defense team. Only one team from each school may be eligible to compete at the state tournament. Teams should be advised that the team representing Minnesota at the National High School Mock Trial Championship must be comprised of a sufficient number of 9-12th grade students and that its team roster cannot be altered after the Minnesota State Championship or during the National competition. Refer to Section D: The Trial for more details on the student attorney roles. Refer to Rule 4.5 for more details on the timekeeper s role. Rule 3.3 Rule 3.4 Team Presentation (NHSMTC) Team Duties Team members are to evenly divide their duties. During pre-trial matters, teams shall read the Pre-Trial Conference script aloud to the court. The prosecution/plaintiff team shall read one thru five and the defense shall read six through ten. These requests may be read by any team member, including non-scoring and scoring team members. There shall be three attorneys and three witnesses. Each of the three attorneys will conduct one direct examination and one cross-examination; one of the three attorneys will present the opening statement and another will present the closing argument and rebuttal. [See Rule 4.5] 58

The attorney who will examine a particular witness on direct examination is the only person who may make the objections to the opposing attorney s questions of that witness' cross-examination, and the attorney who will cross-examine a witness is the only one permitted to make objections during the direct examination of that witness. Each team must call each of the three witnesses. Witnesses must be called only by their own team during their case-in-chief and examined by both sides. Witnesses may not be recalled by either side. Rule 3.5 Team Roster Copies of a Team Roster must be completed and duplicated by each team prior to arrival at the courtroom for each round of competition. For school year 2014-15 only, on a pilot basis, teams shall be identified by the side they are arguing and their school name. Before beginning a trial, the teams must exchange copies of their Team Roster. The roster should identify the gender of each witness so that references to such parties will be made in the proper gender. Copies of the Team Roster also should be given to the judging panel and presiding judge before each round. A sample roster format is included at the end of the case packet. D. THE TRIAL All trials will be governed by the Simplified Rules of Evidence" contained in these materials. Other more complex rules may not be raised in the trial. Rule 4.1 Courtroom Setting (2-5, Minnesota only) 1. The Plaintiff/Prosecution team shall be seated closest to the jury box. If a team wants to rearrange the courtroom, the teacher coach must ensure that the courtroom is returned to its original arrangement before the team leaves the courtroom at the end of the trial. 2. Coaches must sit so they are behind the student attorneys (i.e., coaches should not be visible to the attorneys during their presentations). 3. All participants are expected to display proper courtroom behavior. The following rules should be observed in the courtroom at all times: A. Students should dress appropriately for a courtroom setting. (Suits are not required.) A student playing the part of a witness may wear clothing consistent with that witness character, but may not wear a costume. [Refer to Rule 4.11 for rule about costumes.] B. Be courteous and respectful to witnesses, other attorneys, and the judge. C. Ask permission of the judge to approach the witness. D. If you receive a ruling against your side on a point or on the case, accept the decision gracefully. 4. All participants are expected to display proper behavior in the courthouse. The following rules should be observed in the courthouse at all times. Any violation of these rules (e.g., going into other parts of the courthouse) will be grounds for requesting that school to leave the courthouse. 59

A. Each team must have an adult chaperone assigned to it while at the courthouse. The chaperone must remain with the team at all times, while the team is waiting for a trial to begin, competing in the courtroom, waiting for another team to finish competing, etc. B. All students must stay in the area of the courthouse where the competition is being held. Students will be allowed to use the restrooms which are nearest to the courtroom being used for competition. C. Teams should be advised that some courthouses prohibit cell phones on the premises. Courthouses do not have provisions to store them during trials and teams (including students, coaches and spectators) should be prepared to follow courthouse policy. D. Students may not have in their possession any food, beverage or gum while in the courtroom. E. Following completion of the trial, the coaches will inspect the area used for the competition, including the restrooms, to ensure that everything is left in the same condition in which it was found. Any furniture in the courtroom that was moved before or during the trial MUST be restored to its original configuration! F. If requested to do so by the Court Administrator, the coaches will notify the administrator's office when their team arrives and when it leaves. The latter will provide an opportunity for the Court Administrator to arrange for an inspection of the area. 5. In order to avoid the appearance of impropriety or bias, coaches should not interact with the judges until after the trial. Rule 4.1(A) Pretrial Matters (Minnesota only) 1. Teams are expected to be present in the courtroom fifteen minutes before the starting time of the trial. To assist in enforcing these rules, presiding judges, upon taking the bench before the start of the trial, will handle the following pre-trial matters: A. Ask each side if it is ready for trial. Ask each team to read aloud their portion of the Pre-Trial Matters script put forth on a trial basis by the Mock Trial Advisory Committee. Ask each side to provide the judges with copies of its team roster (a sample roster it provided in the back of these rules). Ask each member of a team to rise and identify himself/herself by name and role. B. If video recorders are present, the judge will remind the teams that the tape cannot be shared with any other team. (See Rule 4.14 for more on videotaping.) C. The judge will remind all present in the courtroom of the rule prohibiting verbal or written communication between the team members and the coaches, spectators or anyone else throughout the trial round, including any recesses. (This is to be especially stressed in crowded court settings where there is close proximity between audience and teams.) Communication is allowed once the trial is complete. Judges should announce that the trial is complete and communication is permitted. 2. The judge will remind all present that the courtroom should be put back in order, all trash removed, and that no food or drink is allowed anywhere, at any time, by anyone. 60

3. Team members will meet the judges for introductions and to assure that the rules of evidence and procedure are uniformly interpreted. Each team should submit to the judges a roster of the students names and the roles they will play. The Mock Trial Program will receive team rosters from all judges. The parties should also ask the judges when the exhibits (if any) should be marked for identification. 4. The starting time of any trial will not be delayed for longer than ten minutes, except with the agreement of the teacher coaches for both teams and the presiding judge. Incomplete teams may proceed with the trial by having one or more members play up to two roles. However, incomplete teams will be assigned a two (2) point deduction by each judge for each missing attorney, witness or timekeeper. Teams missing a bailiff will not be assigned a point deduction. 5. Once a trial has been scheduled, the trial will not be rescheduled due to the absence of a team member or illness, unless approved by the Mock Trial Manager. Teams should include alternates to replace absent members. Trials may be rescheduled due to inclement weather conditions at the discretion of the Mock Trial Manager. 6. All team members must remain in the courtroom during the entire trial. During a formal recess called by the judge, team members may leave the courtroom but should not communicate with anyone other than their student team members. Rule 4.2 Stipulations Stipulations shall be considered part of the record and already admitted into evidence. Rule 4.3 Reading Into The Record Not Permitted Stipulations, the indictment, or the Charge to the Jury will not be read into the record. Rule 4.4 Swearing of Witnesses The following oath may be used before questioning begins: "Do you promise that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?" Rule 4.5 Trial Sequence and Time Limits The trial sequence and time limits are as follows: 1. Opening Statement (5 minutes per side) 2. Direct and Redirect (optional) Examination (25 minutes per side) 3. Cross and Re-cross (optional) Examination (18 minutes per side) 4. Preparation for closing argument (2 minutes) 5. Closing Argument and Rebuttal (7 minutes per side) The prosecution/plaintiff attorney may reserve up to 3 minutes of his/her time for rebuttal. The attorney must advise the court at the beginning of her/his argument what portion (if any) of the allotted 3 minutes s/he wishes to set aside for rebuttal. 6. Team Conference (2 minutes) 61

The Prosecution/Plaintiff gives the opening statement and the closing argument first. The Plaintiff s Opening Statement must be given at the beginning of the trial. The Defense may choose to postpone its Opening Statement until after the conclusion of the Plaintiff s case-in-chief. Attorneys are not required to use the entire time allotted to each part of the trial. Time remaining in one part of the trial may not be transferred to another part of the trial. Rule 4.6 Timekeeping Time limits are mandatory and will be enforced. Each team is required to have its own timekeeper and timekeeping aids. Timekeepers must use these standard time increments on their timecards: 7:00; 6:00; 5:00; 4:00; 3:00; 2:00; 1:00; :45; :30; :15; STOP. (See sample timekeeping aids on the MSBA Mock Trial website.) Unless prohibited by the rules of the venue, electronic devices (including cellphones) may be used for timekeeping. Time for objections, extensive questioning from the judge, or administering the oath will not be counted as part of the allotted time during examination of witnesses and opening and closing statements. Time does not stop for introduction of exhibits. If at any point during the trial time expires any timekeeper should say stop aloud for the court and parties to hear at the point of time expiration. Failure of a timekeeper to say stop aloud for the court and parties to hear will be considered a waiver of the time violation. Every effort should be made to respect the time limits. Judges will be asked to use their scores to reflect a team's ability to adhere to the time guidelines. Perceived time violations are an issue which generates much controversy every year during the Mock Trial Competition. Due to the nature of the event and in the interest of keeping the competition good-spirited, teams are urged to adhere to the time limits indicated and to give their opponents the benefit of the doubt if minor infractions occur. Rule 4.7 Time Extensions and Scoring The presiding judge has sole discretion to grant time extensions. If time has expired and an attorney continues without permission from the Court, the presiding judge should request that the student stop his/her presentation. Scoring judges shall determine individually whether or not to discount points in a category because of over-runs in time. Rule 4.8 Motions Prohibited Motions which defeat the purpose of the trials (such as those to dismiss or to sequester or motions in limine) will not be allowed. Rule 4.9 Sequestration Teams may not invoke the rule of sequestration. Rule 4.10 No Bench Conferences All matters should be handled in open court, without bench conferences. 62

Rule 4.11 Supplemental Material/Costuming/Exhibits Teams may refer only to materials included in the trial packet. No illustrative aids of any kind may be used, unless provided in the case packet. Absolutely no props or costumes are permitted unless authorized specifically in the case materials. Costuming is defined as hairstyles, clothing, accessories, and makeup which are case specific. The only documents which the teams may present to the presiding judge or scoring panel are the team roster forms and the individual exhibits as they are introduced into evidence. Exhibit notebooks are not to be provided to the presiding judge or scoring panel. Each team may laminate and enlarge one (1) exhibit to a maximum size of 24 by 36 inches. There can be no other enhancement of the exhibits (e.g., color, additional words), but they can be mounted on poster board or foam core in order to allow them to be handled more easily. No other chalkboards, posters or other visual aids are permitted during the trial, except that during closing arguments a flip chart or other paper (e.g. newsprint) with hand lettering or hand drawing may be used. A flip chart or other paper (e.g. newsprint) with hand lettering or hand drawing may be prepared either prior to or during the trial. Students may write on their own or the other team s demonstrative tools so long as it is not destructive. Rule 4.12 Trial Communication Instructors, alternates and observers shall not talk to, signal, communicate with, or coach their teams during trial. This rule remains in force during any emergency recess which may occur. Signaling of time by the teams' timekeepers shall not be considered a violation of this rule. Non-team members, alternate team members, teachers, and coaches must remain outside the bar in the spectator section of the courtroom. Only team members participating in this round may sit inside the bar. Attorneys and witnesses may communicate with each other during the trial. Attorneys may consult with each other at counsel table verbally or through the use of notes. During the permitted conference at the close of the trial regarding rules infractions, all team members (witnesses, attorneys, and bailiff and time keeper) may communicate with each other. No disruptive communication is allowed. Rule 4.13 Viewing a Trial Team members, alternates, attorney/coaches, teacher-sponsors and any other persons directly associated with a mock trial team, except for those authorized by the MSBA, are not allowed to view other teams performances, so long as their team remains in the competition. Everyone attending a trial should be reminded that appropriate courtroom decorum and behavior must be observed and that absolutely no food or drink is permitted in the courtroom. Rule 4.14 Electronic Recording Electronic recording, whether visual or audio, can be an effective teaching tool, but only a representative of a team competing in the trial may record the trial. A representative may record only upon motion made to the presiding judge, who shall grant the motion if: 1. Courthouse policy does not prohibit electronic recording. 63

2. There is no objection by the other team or any judge. 3. The recording does not distract the participants or otherwise disrupt the trial. 4. The recording will be used only by the team and will not be shared with any other team (even from the same school) or used for purposes of scouting. Rule 4.15 Rule 4.16 Jury Trial (NHSMTC only) Standing During Trial Unless excused by the judge, attorneys will stand while giving opening and closing statements, during direct and cross examinations, and for all objections. Rule 4.17 Objections During Opening Statement/Closing Argument No objections may be raised during opening statements or during closing arguments. If a team believes an objection would have been proper during the opposing team's opening statement or closing argument, one of its attorneys may, following the opening statement or 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 presiding judge will not rule on this "objection, but all of the judges will weigh the "objection" individually and use their scores to reflect whether they believe a rules violation has occurred. A brief response by the opposing team will be heard under the presiding judge s discretion. Rule 4.18 Objections The attorney wishing to object should stand up and do so at the time of the violation. When an objection is made, the judge should ask the reason for it. Then the judge should allow the attorney who asked the question to explain why the objection should not be accepted ( sustained ) by the judge. The judge will then decide whether a rule of evidence has been violated ( objection sustained ), or whether to allow the question or answer to remain on the trial record ( objection overruled ). 1. Argumentative Question: An attorney shall not ask argumentative questions, i.e. one that asks the witness to agree to a conclusion drawn by the questioner without eliciting testimony as to new facts. The court, however, in its discretion, may allow limited use of argumentative questions on crossexam. 2. Assuming Facts Not in Evidence: Attorneys may not ask a question that assumes unproved facts. However, an expert witness may be asked a question based upon stated assumptions, the truth of which is reasonably supported by evidence (sometimes called a "hypothetical question"). 3. Badgering the Witness: An attorney may not harass or continue to annoy/aggravate a witness. 4. Beyond the Scope: Refer to Rule 611(b); applies only to redirect & re-cross. 5. Character Evidence: Refer to Rule 608. 6. Hearsay: Refer to Mock Trial Rules of Evidence, Article VIII for an explanation of hearsay and the exceptions allowed for purposes of mock trial competition. 64

7. Irrelevant: Refer to Article IV. 8. Lack of Personal Knowledge: A witness may not testify on any matter of which the witness has no personal knowledge. (See Rule 602, Article VI) 9. Lack of Proper Predicate/Foundation: Attorneys shall lay a proper foundation prior to moving the admission of evidence. The basic idea is that before a witness can testify to anything important, it must be shown that the testimony rests on adequate foundation. After the exhibit has been offered into evidence, the exhibit may still be objected to on other grounds. 10. Lack of Qualification of the Witness as an Expert: See Rule 702. 11. Leading Question: Refer to Rule 611(c). 12. Non-Responsive Answer: A witness' answer is objectionable if it fails to respond to the question asked. 13. Opinion on Ultimate Issue: Refer to Rule 704. 14. Question Calling for Narrative or General Answer: Questions must be stated so as to call for a specific answer. (Example of improper question: "Tell us what you know about this case.") 15. Repetition: Questions designed to elicit the same testimony or evidence previously presented in its entirety are improper if merely offered as a repetition of the same testimony or evidence from the same or similar source. 16. Speculation: A witness' testimony should be based on the facts and issues of the case being argued. An attorney shall not ask a question which allows the witness to make suppositions based on hypothetical situations. 17. Unfair Extrapolation: Refer to explanation in Rule 2.3. Note: Teams are not precluded from raising additional objections which may be available under the Minnesota Mock Trial Competition Rules of Evidence. Rule 4.19 Rule 4.20 Reserved. Procedure for Introduction of Exhibits As an example only, the following steps effectively introduce evidence: 1. All evidence will be pre-marked as exhibits. 2. Ask for permission to approach the bench. Show the presiding judge the marked exhibit. "Your honor, may I approach the bench to show you what has been marked as Exhibit No.?" (Because judges may not have seen the evidence, this rule departs from real life trial procedure.) 3. Show the exhibit to opposing counsel. 4. Ask for permission to approach the witness. Give the exhibit to the witness. 65

5. "I now hand you what has been marked as Exhibit No. for identification." 6. Ask the witness to identify the exhibit. "Would you identify it please?" 7. Witness answers with identification only. 8. Offer the exhibit into evidence. "Your Honor, we offer Exhibit No. into evidence at this time. The authenticity of this exhibit has been stipulated." 9. Court: "Is there an objection?" (If opposing counsel believes a proper foundation has not be laid, the attorney should be prepared to object at this time.) 10. 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?" 11. Court: "Exhibit No. is/is not admitted." Witness affidavits may be used to impeach or refresh recollection and when used for those purposes, need not be admitted into evidence. Rule 4.21 Use of Notes and Standards for Judging The standards for judging are contained in the MSBA Mock Trial Performance Rating Standards. Witnesses are not permitted to use notes while testifying during the trial; any use of notes is subject to an appropriate point deduction. Attorneys may use notes, but, to the extent such as detracts from the overall performance, the scores may so reflect. Rule 4.22 Redirect/Re-cross Redirect and re-cross examinations are permitted, provided they conform to the restrictions in Rule 611(d) in the Minnesota High School Mock Trial Rules of Evidence. Rule 4.23 Scope of Closing Arguments Closing Arguments must be based on the actual evidence and testimony presented during the trial. Rule 4.23.1 Team Conference (Minnesota Only) The following rule is designed to deal with the extraordinary circumstance where a team believes that a significant rules violation occurred during the trial which the judges may not have observed. This rule is not designed to increase the contentiousness of the trial process or to encourage teams to try to find rules violations. At the conclusion of final arguments, the presiding judge will allow two minutes for the three student attorneys, three witnesses, bailiff and timekeeper to confer. The purpose of this team conference is to give these team members a chance to discuss among themselves whether they believe any significant rules violations occurred during the trial of which the judges could not be aware or have observed themselves. After the allotted two minutes, the presiding judge will ask if either team wishes to report any significant rules violations. If a team feels point deductions should be assessed against the opposing team, one attorney from the team will have two minutes to explain why point deductions should be 66

assessed. Following this explanation, one attorney from the opposing team will have two minutes to explain why point deductions should not be assessed. Further discussion will be limited to five minutes total, at which time the judges will decide individually about making any point deductions on their score sheets. The amount of such point deductions, if any, is at the discretion of each individual judge. These decisions (about point deductions) are final! Of course the judges may, at their discretion, award point deductions for a rules violation regardless of whether the opposing team brings a rules violation to the attention of the judges. If the presiding judge fails to ask the teams if they wish to ask for point deductions, and one or both teams wish to do so, it must be brought to the attention of the judge at this time. Rule 4.24 The Critique The judging panel is allowed 10 minutes for debriefing. The timekeeper will monitor the critique following the trial. Presiding judges are to limit critique sessions to a combined total of fifteen minutes. The presiding judge will render two decisions at the end of the trial: 1. The merits of the legal case and the applicable law (i.e., a decision about guilt or innocence in a criminal trial, or in favor of the plaintiff or respondent in a civil trial). This decision is not used to determine the team s win/loss record or standing in the competition (i.e. you can win the case on the merits but still lose the trial for mock trial purposes, or you can lose on the merits and still be the trial winner for mock trial purposes). 2. The quality of the teams performances, i.e., the nature/success of the team s strategy, the students level of preparedness, the individual student performances, etc.. The total points awarded to each team by each judge will be added together; the team with the higher point total will be considered the winning team. The team that wins on its performance is considered the winner of the trial for mock trial purposes. Rule 4.25 Offers of Proof No offers of proof may be requested or tendered. E. JUDGING AND TEAM ADVANCEMENT Rule 5.1 Finality of Decisions All decisions of the judging panel are FINAL. The only exception is when there is a computational error in the math on a judge s score sheet. In the event of a mathematical error, the trial will be awarded to the team with the higher number of ACTUAL ballots or points as determined by the corrected math, even if this result is different than the one announced to the teams by the judge(s). PLEASE NOTE: Many trial lawyers say that trial is an art and not a science. Thus, as beauty is in the eye of the beholder, trial performance may also lie in the eye of the beholder. This competition makes every effort possible to establish objective criteria by which student competitors are to be evaluated. However, it is a fact of life that not every attorney will evaluate a competitor the same. It is also true that not every juror will evaluate an attorney and his or her case the same. Thus trial competitions are very similar to real trials and the tournament could not progress without the selection of winners. We have therefore developed a rather detailed scoring process for the judges to use. 67

Once the scoring process is complete, the decision of the judge(s) is final, as long as the team s scores have been added correctly. It is also true that judges will often make different rulings on motions and objections during trial. That is true in real life as well. It is an inherent part of the trial system based on judges discretion. Therefore, as in real life, the rulings of the trial judge are final, even if you disagree. This competition is intended to not only teach students about how the legal system functions, but also to provoke thought about the issues involved. We encourage instructors to use this packet as a vehicle for education toward both goals. Rule 5.2 Composition of Judging Panels (Minnesota only) Every effort is made to have two volunteer judges evaluating each trial at the regional level. One is the presiding judge, whose role is to both conduct the trial and to evaluate the teams performances. The other judge s responsibility is solely that of an evaluator. Both judges have been instructed to rate the performance of all witnesses and attorneys on the team. In the event only one lawyer is able to judge a trial, the one score will be doubled for purposes of calculating the point differential score. If there are three judges during a regional tournament trial, the evaluating and presiding will be handled in the same fashion as the state finals: one judge will be the presiding judge, the other two will be the evaluating judges. The scoring judges evaluations will determine the trial winner. In the event of a tie, the presiding judge s ballot will determine the winner. There will be three judges for each trial in the state finals. One judge will be the presiding judge, the other two will be the scoring judges. The scoring judges evaluations will determine the trial winner. In the event of a tie, the presiding judge s ballot will determine the winner. Rule 5.3 Rule 5.4 Score Sheets/Ballots (NHSMTC) Completion of Score Sheets Score sheets are to be completed individually by each judge without consultation with the other judges. Each scoring judge shall record a number of points (1-10) for each presentation of the trial. At the end of the trial, each judge shall total the sum of each team s individual point and place this sum in the Column Totals box. The Mock Trial Manager has the authority to correct any mathematical errors on score sheets. The coach of the winning team from each trial shall e-mail the scores from the trial to the Mock Trial Manager as soon as possible. Rule 5.5 Contest Format/Team Advancement (Minnesota only) In the Minnesota competition there are three phases: sub-regionals (Rounds 1, 2, & 3), regional playoffs (Rounds 4 & 5), and the state finals. Team attendance is expected at all trials in each phase of the competition for which the team is eligible. 1. Invitationals: Mock Trial Invitationals, camps and other non-msba Mock Trial related events are encouraged by the MSBA. The MSBA s Mock Trial website is available to serve as a place for such events to be publicized, however the MSBA and its Mock Trial program does not specifically endorse such events. The MSBA encourages such events to include teams/individuals from schools across Minnesota and also encourages organizations hosting these events to establish subsidies to enable all teams/individuals who are interested in attending to do so. 68

2. Sub-regionals: For mock trial purposes, the state will be divided into regions. The exact number of regions will be determined by the number of teams entered in the competition. All teams shall compete in three trials (Rounds 1, 2, & 3), the MSBA makes every effort to ensure each team argues both sides of the case. The MSBA shall set the trial schedule and determine which teams compete against each other. The fact that a team has scrimmaged another team will not preclude the same two teams from facing each other in competition. Teams from the same school may compete against each other at the option of the Mock Trial Manager, although every effort will be made to guarantee immunity for teams from the same school in Rounds 1, 2, & 3. 3. Regionals: After all teams in a region have argued three times, teams will be ranked based first upon win-loss record; second based upon the cumulative point differential scores; third based upon cumulative points earned. [Note: A team s point differential score is the total point spread between that team s score and its opponent s score in a given trial. For example, if team A scores 95 points in a trial and its opponent, team B, scores 92 points, then team A will have an adjusted score of plus 3 and team B will have an adjusted score of minus 3.] Teams ranked one thru four after three rounds of competition will advance into Round 4. a. Regional finalists will compete in a single elimination playoff format to determine the region winner (Rounds 4 & 5). Pairings for these Rounds will be done according to a power-match system, with the highest-ranked team matched with the lowest-ranked team, the next highest with the next lowest, and so on until all of the teams are paired. Power matching may be superseded by travel considerations in regions where the sites for Rounds 4 & 5 would require significant additional travel for a team. Teams from the same school will not be immune from meeting one another if their ranking within the region results in their being paired. b. Notwithstanding Rule 5.5(3)(a), Regions 8 and 9 will be consolidated into Region 8 and Regions 10, 11, and 12 will be consolidated into Region 10. Region 8 will have two four-team brackets (Maroon and Gold). Region 10 will have three four-team brackets (Red, White, and Blue). Pairings will be made according to the power-match system described in Rule 5.5(3)(a), except that teams from the same school will be assigned to the same bracket. The winner of each bracket will be considered a regional champion eligible to attend the state tournament. c. Sides for Rounds 4 and 5 will be assigned in advance. Teams with a 2-1 record will be assigned the side on which they lost in Rounds 1, 2, or 3; if this would result in the same pairing/sides as a trial in Round 1, 2, or 3, the teams will switch sides (so, if it was Liberty Blue v. City Green in Round 2, and power-matching would result in the exact same pairing in Round 4, the teams would switch sides). To the greatest extent possible, teams will switch sides in subsequent rounds if both teams can do so; sides will be determined by coin flip by MSBA representative as soon as possible after pairings are established. 4. State Finals: Each regional champion is eligible to attend the state competition. If the first place team from a region decides it does not want to attend the state tournament, the second place team will be eligible to compete. The state tournament format differs from that of the regional competition. All teams at the State Competition will participate in at least three rounds of trials and will present each side of the case at least once. There will be two scoring judges and a presiding judge at each trial. After each round of competition a designee of the Mock Trial Advisory Committee will review the power-matching results and ensure that the trial pairings are correct. The power-matching system is subject to human error. Generally, the final results of power-matching cannot be appealed. The 69

Mock Trial Advisory Committee has final authority to interpret these rules. State Finals Powermatching criteria for the first three rounds are: 1) Win/loss record (the team receiving the most ballots in a trial shall be deemed the winner of the trial regardless of the number of points earned by each team), 2) total number of ballots won, 3) cumulative point differential, 4) cumulative points earned. Pairings for the first round will be assigned at random. After round one of the competition, teams will be divided into two brackets (1-0 and 0-1). Teams will be ranked within the brackets and powermatched. After round two of the competition, teams will be divided into three brackets (2-0, 0-2 and 1-1). Teams will be ranked within the brackets and power-matched. After three rounds of competition, final championship trial participants will be determined using this criteria: 1) Win/loss record, 2) Total number of ballots won, 3) Number of wins against 2-1 teams, 4) Number of wins against 1-2 teams, 5) Cumulative point differential. (Provided that, if by application of the criteria a team is ranked higher than a team with the same win/loss record that defeated it, the losing team shall be placed immediately below the winning team) The top two ranked teams will compete in the final championship round. Side-assignments will be determined by a coin-flip after the final championship round teams are announced. The state champion is then eligible to represent Minnesota at the annual National High School Mock Trial Championship, which is held in a different city each year (2015 Raleigh, North Carolina). Rule 5.6 Rule 5.7 Rule 5.8 Power Matching/Seeding (NHSMTC Only; see Rule 5.5(3) for MN version) Selection of Sides For Championship Round (NHSMTC) Effect of Bye Round A team that prevails by forfeit or receives a bye will be awarded a win, along with a cumulative point differential and cumulative points that equal the average (mean) cumulative point differential and average (mean) cumulative points of all regional rounds for the prior school year. A team that prevails by forfeit over another team from the same school will receive a cumulative point differential of zero and cumulative points of zero. [Note: for 2014, the cumulative point differential is 18 and the cumulative points are 203] F. DISPUTE RESOLUTION Rule 6.1 Reporting a Rules Violation/Inside the Bar (NHSMTC Only) Disputes which (a) involve students competing in a competition round and (b) 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 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. Rule 6.2 Dispute Resolution Procedures During trial: If a team has serious reason to believe that a significant rules violation has occurred during the course of a trial, and that the violation involved an act that may be corrected during the 70

course of the trial, a member of that team shall make an objection and communicate the complaint to the presiding judge. To the extent possible, the presiding judge will attempt to resolve the dispute during the course of the trial without disrupting the trial, and may consider the validity or invalidity of the complaint in his/her determination of which team gave the better performance during the trial. After trial: After the trial has been completed, if a teacher coach or attorney coach has serious reason to believe that a significant rules violation has occurred of which their team members could not have been aware, the coach shall communicate the complaint to the presiding judge while the judges are still in the courtroom. In this case the presiding judge will give the teams two minutes to discuss the alleged violation among themselves. Each team will then designate one team member to present its case to the judges. Each team must limit its statement to two minutes. The judges will be allowed to consider the dispute before completing their score sheets. The dispute may or may not affect the scoring. The matter will be left to the discretion of the judges. The judges decision will be final. Rule 6.2.1 Complaint/Grievance Process: If any team believes that blatantly unprofessional misconduct, unethical behavior, or a serious and substantial rules violation has occurred outside of a trial a teacher, attorney coach or judge may advise the Mock Trial Manager that they intend to file a complaint. This complaint must be with regard to matters that could not be resolved in the course of the trial and could not be resolved through Rule 6.2 or Rule 4.231. The resolution of the Complaint/Grievance Process will not affect the outcome of any trial. See Rule 5.1. Complaints/Grievances in regard to a judge s rulings, points awarded, or who won the trial will not be entertained. Coach concerns about a judge s performance that that do not merit a Complaint/Grievance under this rule, should be directed to the Mock Trial Manager The complaint/grievance process will be governed by this rule and will follow these guidelines: 1) Within 48 hours of the incident, the written complaint must be received by the Mock Trial Manager. The complaint may be sent electronically and must contain specific information about the violation. 2) All complaints will be referred to the Mock Trial Advisory Committee. 3) After a complaint is received by the Mock Trial Manager, the Mock Trial Advisory Committee will convene as soon as practicable. A quorum of the Committee is required for any decision. The Committee will alert the party(ies) against which the complaint was lodged and share the nature of the grievance. The Committee may invite further comment in writing or in person from those involved, in its discretion. The Committee will take action based on a majority vote and all parties shall be notified of the decision. All decisions of the Committee shall be final. See Rule 1.1. 4) The Committee may decide to issue any one of the following in order of increasing severity: a) Warning: A private conversation discussing the alleged violation with the offending party or parties. b) Reprimand: A written letter to the offending party or parties advising them of the Rules violation. This letter may be sent to the individual and/or school and/or employer. c) Suspension: Suspension of an offending individual(s) or team(s) from participation in mock trial for a time period to be specified by the Committee. d) Disqualifications: Disqualification of an offending individual(s) or team(s) for a time period specified by the Committee, but no less than one competition season. 71

e) The Committee will report violations where appropriate to governing ethical bodies such as the Lawyers Professional Responsibility Board. Rule 6.2.2 Unsolicited Communication between Coaches and Judges Unsolicited communication between coaches and judges is strictly prohibited. Judges may file a grievance against a coach that he/she believes has violated this rule. The grievance must be filed within 48 hours of the alleged communication. The grievance process will be governed by the guidelines set forth in Rule 6.2.1 Complaint/Grievance. Refer to Rule 4.23.1 for dealing with student team members' concerns about rules violation. Rule 6.3 Rule 6.4 Effect of Violation on Score (NHSMTC) Reporting of Rules Violation/Outside the Bar (NHSMTC) 72

MINNESOTA MOCK TRIAL SIMPLIFIED RULES OF EVIDENCE In American trials complex rules are used to govern the admission of proof (i.e., oral or physical evidence). These rules are designed to ensure that all parties receive a fair hearing and to exclude evidence deemed irrelevant, incompetent, untrustworthy, unduly prejudicial, or otherwise improper. 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 the rule has been violated and whether the evidence must be excluded from the record of the trial. In the absence of a properly made objection, however, the evidence will probably be allowed by the judge. The burden is on the mock trial team to know the Minnesota High School Mock Trial Rules of Evidence and to be able to use them to protect their client and fairly limit the actions of opposing counsel and their witnesses. For purposes of the mock trial competition, the Rules of Evidence have been modified and simplified. They are based on the Federal Rules of Evidence, and its numbering system. Where rule numbers or letters are skipped, those rules were not deemed applicable to mock trial procedure. Text in italics or underlined represent simplified or modified language. Not all judges will interpret the Rules of Evidence (or procedure) the same way, and mock trial attorneys should be prepared to point out specific rules (quoting, if necessary) and to argue persuasively for the interpretation and application of the rule they think appropriate. The Mock Trial Rules of Competition and these Minnesota High School Mock Trial Rules of Evidence govern the Minnesota High School Mock Trial Program. The fact that information is contained in a statement of facts, indictment, witness statement/affidavit, or exhibit does not mean that the information is admissible or has been admitted into evidence. Proffers of evidence must be made and ruled upon during the course of the trial itself. Article I. General Provisions Rule 101. Scope These Minnesota High School Mock Trial Rules of Evidence govern the trial proceedings of the Minnesota High School Mock Trial Program. Rule 102. Purpose and Construction These Rules are intended to secure fairness in administration of the trials, eliminate unjust delay, and promote the laws of evidence so that the truth may be ascertained. Article II. Judicial Notice Rule 201. Judicial Notice 1. This rule governs only judicial notice of adjudicative facts. 2. A judicially noticed fact must be one not subject to reasonable dispute in that it is either a. Generally known within the territorial jurisdiction of the trial court or b. Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. 3. A judge or court shall take judicial notice if requested by a party and supplied with the necessary information. 73

4. Judicial notice may be taken at any stage of the proceeding. 5. In a civil action or proceeding, the judge shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the judge shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. Article III. Reserved Article IV. Relevancy and its Limits Rule 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 action more probable or less probable than it would be without the evidence. Rule 402. Relevant Evidence Generally Admissible: Irrelevant Evidence Inadmissible All relevant evidence is admissible, except as otherwise provided in these Rules. Irrelevant evidence is not admissible. Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, Waste of Time Although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, if it confuses the issues, if it is misleading, or if it causes undue delay, wastes time, or is a needless presentation of cumulative evidence. Rule 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes (a) Character Evidence. Evidence of a person's character or character trait, is not admissible to prove action regarding a particular occasion, except: (1). Character of accused -- Evidence of a pertinent character trait offered by an accused, or by the prosecution to rebut same; (2). Character of victim -- Evidence of a pertinent character trait of the victim of the crime offered by an accused, or by the prosecution to rebut same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor; (3). Character of witness -- Evidence of the character of a witness as provided in Rules 607-609. (b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove character of a person in order to show an action conforms to character. 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. Rule 405. Methods of Proving Character (a) Reputation or opinion. In all cases where evidence of character or a character trait is admissible, proof may be made by testimony as to reputation or in the form of an opinion. On cross-examination, questions may be asked regarding relevant, specific conduct. 74

(b) Specific instances of conduct. In cases where character or a character trait is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct. Rule 406. Habit; Routine Practice Evidence of the habit of a person or the routine practice of an organization, whether corroborated or not and regardless of the presence of eye-witnesses, 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. Rule 407. Subsequent Remedial Measures When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product, a defect in a product s design, or a need for a warning or instruction. This rule does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, control or feasibility of precautionary measures, if controverted, or impeachment. Rule 408. Compromise and Offers to Compromise (a) Prohibited uses. Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount of a claim that was disputed as to validity or amount, or to impeach through a prior consistent state or contradiction: (1) Furnishing or offering or promising to furnish or accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise the claim; and (2) Conduct or statements made in compromise negotiations regarding the claim, except when offered in a criminal case and the negotiations related to a claim by a public office or agency in the exercise of regulatory, investigative, or enforcement authority. (b) Permitted uses. This rule does not require exclusion if the evidence is offered for purposes not prohibited by subdivision (a). Examples of permissible purposes include proving a witness s bias or prejudice; negating a contention of undue delay; and proving an effort to obstruct a criminal investigation or prosecution. Rule 409. Payment of Medical or Similar Expenses Evidence of furnishing of offering or promising to pay medical, hospital, or similar expenses occasioned by an injury is not admissible to prove liability for the injury. Rule 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 a 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 proceeding under Rule 11 of the Federal Rules of Criminal Procedure or comparable state procedure regarding either of the forgoing pleas; or 75

4. Any statement made in the course of plea discussions 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 which is later withdrawn. However, such a statement is admissible (a) 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 with it, or (b) 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. Rule 411. Liability Insurance (civil case only) Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of witness. Article V. Privileges Rule 501. General Rule There are certain admissions and communications excluded from evidence on grounds of public policy. Among these are: 1. Communications between husband and wife; 2. Communications between attorney and client; 3. Communications among grand jurors; 4. Secrets of state; and 5. Communications between psychiatrist and patient. Article VI. Witnesses Rule 601. General Rule of Competency Every person is competent to be a witness. Rule 602. Lack of Personal Knowledge A witness may not testify to a matter unless the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of Rule 703, related to opinion testimony by expert witnesses. (See Rule 2.2.) Rule 607. Who may Impeach (i.e., show that a witness should not be believed) The credibility of a witness may be attacked by any party, including the party calling the witness. Rule 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 by evidence in the form of opinion or reputation, but subject to these limitations: 76

(1) The evidence may refer only to character for truthfulness or untruthfulness, and (2) Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence, or otherwise. (b) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' credibility, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the Court, if probative of truthfulness or untruthfulness, be asked on cross-examination of the witness (1) Concerning the witness' character for truthfulness or untruthfulness, or (2) Concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. Testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination with respect to matters related only to credibility. Rule 609. Impeachment by Evidence of Conviction of Crime (a) General Rule. For the purpose of attacking the credibility of a witness, evidence that a witness other than the accused 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, and the Court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused. Evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment. (b) 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 for that conviction, whichever is the later date, unless the Court determines that the value of the conviction substantially outweighs its prejudicial effect. However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence. (c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a conviction is not admissible if (1) the conviction has been the subject of a pardon or other equivalent procedure based on a finding of the rehabilitation of the person convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or (2) the conviction has been the subject of a pardon, other equivalent procedure based on a finding of innocence. (d) Juvenile adjudications. Evidence of juvenile adjudications is generally not admissible but the court may, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence. Rule 610. Religious Beliefs or Opinions Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced. Rule 611. Mode and Order of Interrogation and Presentation 77

(a) Control by Court. The Court shall exercise reasonable control over questioning of witnesses and presenting evidence so as to 1. Make the questioning and presentation effective for ascertaining the truth, 2. Avoid needless use of time, and 3. Protect witnesses from harassment or undue embarrassment. (b) Scope of cross examination. The scope of cross examination shall not be limited to the scope of the direct examination, but may inquire into any relevant facts or matters contained in the witness' statement, including all reasonable inferences that can be drawn from those facts and matters, and may inquire into any omissions from the witness statement that are otherwise material & admissible. (c) Leading questions. Leading questions should not be used on direct examination of a witness (except as may be necessary to develop the witness' testimony). Ordinarily, leading questions are permitted on cross examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, leading questions may be used. (d) Redirect/Re-cross. After cross examination, additional questions may be asked by the direct examining attorney, but questions must be limited to matters raised by the attorney on cross exam. Likewise, additional questions may be asked by the cross examining attorney on re-cross, but such questions must be limited to matters raised on redirect examination and should avoid repetition. Rule 612. Writing Used to Refresh Memory If a written statement is used to refresh the memory of a witness either while or before testifying, the Court shall determine that the adverse party is entitled to have the writing produced for inspection. The adverse party may cross-examine the witness on the material and introduce into evidence those portions which relate to the testimony of the witness. Rule 613. Prior Statements of Witnesses Examining witness concerning prior statement. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel. Extrinsic evidence of prior inconsistent statement of witness. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate. Article VII. Opinions and Expert Testimony Rule 701. Opinion Testimony by Lay Witness If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) Rationally based on the perception of the witness and (b) Helpful to a clear understanding of the witness' testimony or the determination of a fact in issue. 78

Rule 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 in the form of an opinion or otherwise. Rule 702.1 Expert Witness Qualifications Any witness testifying as an expert must be recognized as an expert by the trier of fact. Proper foundation must be laid in order for the witness to be recognized as an expert. As an example only, the following steps effectively lay foundation for tendering witnesses as experts: 1. Ask the witness questions to establish foundation for the witness s education, training and other experience that illustrates his/her qualifications. Example: Dr. Smith, can you please summarize your educational background for the court? 2. If there is a Resume/Curriculum Vitae available documenting the witnesses qualifications, take the proper steps (example in Rule 4.20) to enter the document into evidence. 3. After laying proper foundation, ask the judge to allow the witness to testify as an expert in the appropriate subject area. Your honor, I ask that you allow this witness to testify as an expert in the area of. 4. Court: Is there an objection? (If opposing counsel believes proper foundation has not been laid, the attorney should be prepared to object at this time.) 5. 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? 6. Court: The court will/will not allow the witness to express an expert opinion in the area of. Rule 703. Basis of Opinion Testimony by Experts The facts or data upon which an expert bases an opinion may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the field in forming opinions or inferences, the facts or data need not be admissible in evidence. Rule 704. Opinion on Ultimate Issue (a) Opinion or inference testimony otherwise admissible is not objectionable because it embraces an issue to be decided by the trier of fact. (b) In a criminal case, an expert witness shall not express an opinion as to the guilt or innocence of the accused. Rule 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 or data on cross examination. 79

Article VIII. Hearsay Rule 801. Definitions The following definitions apply under this article: (a) Statement: an oral or written assertion or nonverbal conduct of a person, if it is intended by the person as an assertion. (b) Declarant: a person who makes a statement. (c) Hearsay: a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (d) A statement is not hearsay if: (1) Prior statement by witness. -- The declarant testifies at the trial or hearing and is subject to cross examination concerning the statement and the statement is (A) Inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) Consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (C) One of identification of a person made after perceiving the person; or (2) Admission by a party-opponent. -- The statement is offered against a party and is (A) The party's own statement in either an individual or a representative capacity or (B) A statement of which the party has manifested an adoption or belief in its truth, or (C) A statement by a person authorized by the party to make a statement concerning the subject, or (D) A statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) A statement by a co-conspirator of a party during the course in furtherance of the conspiracy. Rule 802. Hearsay Rule Hearsay is not admissible, except as provided by these rules. Example: Witness A testifies, Some of the other tenants told me that Jones often failed to keep his apartments in good repair. This would not be admissible to prove that Jones often failed to keep his apartments in good repair, which was the matter asserted in the out-of-court statement. But, it might be admissible to prove that A had some warning that Jones did not keep his apartments in good repair, if that were an issue in the case, since it would not then be offered for the truth of the matter asserted. Comment: Why should the complicated and confusing condition be added that the out-of-court statement is only hearsay when offered for the truth of the matter asserted? The answer is clear when we look to the primary reasons for the exclusion of hearsay, which are the absence in hearsay testimony of the normal safeguards of oath, confrontation, and cross-examination which test the credibility and accuracy of the out-of-court speaker. For example, if Ms. Jones testified in court, My best friend, Ms. Smith, told me that Bill was driving 80 miles per hour and that out-of-court statement was offered to prove the truth of the matter asserted (that Bill was driving 80 miles per hour), we would be interested in Smith s credibility, i.e., her opportunity and capacity to observe, the accuracy of her reporting, and tendency to lie or tell the truth. The lack of an oath, confrontation, and cross-examination would make the admission into 80

evidence of Smith s assertion about Bill unfair to the opposing party. If the statement was offered, however, to show that Ms. Smith could speak English, then its value would hinge on Ms. Jones credibility (who is under oath, present, and subject to cross-examination) rather than Ms. Smith s, and it would not be hearsay. Another example: While on the stand, the witness says, The salesperson told me that the car had never been involved in an accident. This statement would not be hearsay if offered to prove that the salesman made such a representation to the witness. (The statement is not offered to prove the truth of the matter asserted.) If offered to prove that the car had never been in an accident, it would not be allowed because it would be hearsay. Objections: Objection. Counsel s question is seeking a hearsay response, or Objection. The witness answer is based on hearsay. I ask that the statement be stricken from the record. Response to objection: Your Honor, the testimony is not offered to prove the truth of the matter asserted, but only to show... Rule 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: 1. Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter. 2. Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. 3. Then existing mental/emotional/physical conditions. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, 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, revocation, identification, or terms of declarant's will. 4. Statements made for purposes of medical diagnosis or treatment. 5. 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' memory and to reflect that knowledge correctly. 6. Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term business as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. 7. Learned treatises. To the extent called to the attention of an expert witness upon cross exam or relied upon by the expert witness in direct examination, statements contained in published treatises, 81

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 or by other expert testimony or by judicial notice. 8. Reputation as to character. Reputation of a person's character among associates or in the community. 9. Judgment of previous conviction. Evidence of a judgment 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, but not including, when offered by the Government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. Rule 804. Hearsay Exceptions; Declarant Unavailable (a) Definition of unavailability. Unavailability as a witness includes situations in which the declarant 1. Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant s statement; or 2. Persists in refusing to testify concerning the subject matter of the declarant s statement despite an order of the court to do so; or 3. Testifies to a lack of memory of the subject matter of the declarant s statement; or 4. Can t be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or 5. Is absent from the hearing and the proponent of a statement has been unable to procure the declarant s attendance (or in the case of a hearsay exception under subdivision (b) (2), (3), or (4), the declarant s attendance or testimony) by process or other reasonable means. A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying. (b) Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness: 1. Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. 2. Statement under belief of impending death. In a prosecution for homicide or in a civil proceeding, a statement made by a declarant while believing that his/her death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death. 3. Statement against interest. A statement which was at the time of its making so far contrary to the declarant s pecuniary or proprietary interest, or so far tended to subject the declarant to civil or 82

criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant s position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. 4. Statement of personal or family history. (A) A statement concerning the declarant s own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; (B) a statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other s family as to be likely to have accurate information concerning the matter declared. 5. Forfeiture by wrongdoing. A statement offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. Rule 805. Hearsay within Hearsay: Hearsay included within hearsay is not excluded if each part of the combined statement conforms with an exception to the hearsay rule provided in these rules. ARTICLE IX. Authentication and Identification - Not applicable. ARTICLE X - Contents of Writing, Recordings and Photographs - Not applicable. ARTICLE XI - Other Rule 1103. Title These rules may be known and cited as the Minnesota High School Mock Trial Rules of Evidence. 83

SAMPLE TEAM ROSTER Below is a suggested format for a roster sheet to be provided at the pre-trial conference to each of the judges at a trial. This sheet is for the judges convenience in identifying the team members and the roles they will play. Some teams include a photo of each team member but this is completely optional. MINNESOTA MOCK TRIAL PROGRAM SIDE: LOCATION: DATE: School/Team: ATTORNEYS Name Gender Student (M / F) Opening, Direct of insert witness name here, Cross of insert witness name here Student (M / F) Direct of, Cross of Student (M / F) Direct of, Cross of, Closing WITNESSES (in order of appearance) Gender Witness #1 name Student s name (M / F) Witness #2 name Student s name (M / F) Witness #3 name Student s name (M / F) Bailiff... Timekeeper... Student s Name Student s Name 84

Pre-Trial Conference Pursuant to Rule 3.4 of the Minnesota Mock Trial Rules, the following pre-trial motions and advisories must be read aloud before commencement of the mock trial competition. Recitation of these items is not scored. 1. Standard of Review. The parties jointly move the Court to judge this mock trial according to the mock trial standards, not the legal merits of the case. 2. Rating Standards. The parties jointly move the Court to use the evaluative criteria provided on the official mock trial score sheet. By these standards, scores below 4 are reserved for unprofessional conduct. A high score of 10 is reserved for superlative presentations. 3. Full Hearing of Evidentiary Objections and Argument. The parties jointly move the Court to allow each side to present all of its witnesses (unless the party s time has expired) and to make and fully argue all objections. While objections to the foundation and relevance of testimony and exhibits should be made and fully argued, the parties jointly move the Court to apply a reasonably inclusive standard for admissibility. 4. Constructive Critique. The parties jointly advise the Court that, pursuant to Rule 4.24, the judging panel is allowed a combined total of fifteen minutes after the trial for constructive comments. It is recommended that each judge limit themselves to a maximum of three comments. The timekeeper will monitor the time following the trial. 5. Scoring the Use of Notes. The parties jointly advise the Court that, pursuant to Rule 4.21, the use of notes by attorneys is allowed, but to the extent such as detracts from the overall performance, the scores may reflect. 6. Mathematical Computation and Error Checking. The parties jointly move the Judges to: use a calculator to check the score tabulation; double check each other s math; and confirm that the Presiding Judge has filled in the tie-breaker box. 7. Unfair Extrapolations. The parties jointly advise the Court to take notice of Rule 2.3 Unfair Extrapolations, located at page 56 of the Mock Trial Case Materials. According to this rule, if a witness is asked information not contained in the witness statement, the answer must be consistent with the statement and may not materially affect the witness testimony or any substantive issue of the case. A fair extrapolation is one that is neutral. 8. Roster Sheet. The parties may submit their roster sheets if these have not been presented already and may raise any other pre-trial matters at this time. Presiding Judge: The parties motions are granted and the advisories are accepted. Updated KSB 09/18/14 85

Minnesota High School Mock Trial State Champions 2014 Breck School, Minneapolis 2013 Nova Classical Academy, St. Paul 2012 Breck School, Minneapolis 2011 Breck School, Minneapolis 2010 Breck School, Minneapolis 2009 Lakeville North High School 2008 Lakeville North High School 2007 Buffalo High School 2006 South, Minneapolis 2005 South, Minneapolis 2004 Meadow Creek Christian, Andover 2003 South, Minneapolis 2002 South, Minneapolis 2001 Meadow Creek Christian, Andover 2000 Meadow Creek Christian, Andover 1999 South, Minneapolis 1998 Fergus Falls 1997 St. Thomas Academy, Mendota Heights 1996 Eden Prairie 1995 Dassel-Cokato 1994 Christ's Household of Faith, St. Paul 1993 Kennedy, Bloomington 1992 South, Minneapolis 1991 Convent of the Visitation, Mendota Heights 1990 South, Minneapolis 1989 Chisago Lakes 1988 Waseca 1987 Waseca 86