Team A quarter finals!

Wednesday, the 25th, in the afternoon sometime. I will check.

Against St. John.

Meetings, EVERY DAY. BEFORE AND AFTER SCHOOL, no kidding you. No exceptions.
Travis will be filling in for Elvis on his directs.

-jes

Team B Notes

Thanks to Brittney Williams for these great notes:


OS (P) - Good job telling what would be testified to (esp. by specific witnesses). Might emphasize that more, because you tell the story in a lot of detail. Tell it, but don't be the one testifying.
--Motive/means/opportunity/intent
--"Defense will try to..." good job

OS (D) - Analogy to a puzzle. Missing pieces, lacking strength.
--Simplified version of the story, while hammering exactly what they were going for. Lots of "So-and-so will testify..."
--Brought analogy full-circle; finished with burden of proof


**

Rory Riley
D - Attorney: you're friendly but still seem a bit formulaic with going through your questions. This is YOUR witness; you're her ally and trying to give ease and credibiity. It got better as your questioning progressed.
- Already better with introducing evidence. "Your Honors I will be referring to page __ in the binders that we've provided for yourselves as well as the defense." --as you're approaching your witness. Then SHE can expand upon what it is....etc. You did well asking her if she recognized it, and having it be accepted as evidence.
- GREAT response to the HEARSAY objection. You made the other attorney stumble :) And they withdrew!!!! Kudos to you. It's hard to knock down a hearsay objection.
- Witness: Good job being relaxed and professional. Very believable!
X - I love how you started out, still with your professional/credible demeanor. You weren't just playing a part, you were answering candidly.
- Excellent balance between "yes/no" and expanding your answers. Natural :)
- Good timing/explanation of the objection to lack of personal knowledge. And good acceptance of being overruled.

Kim Kilian
D - Good timing with admitting her as an expert
- Witness: I like your facial expressions
- Don't start every response the same. "Well..." It can be effective but don't overuse it. Don't worry, it's easy to do, especially in the hot seat. I've been there!
- Attorney: Better job approaching the witness/entering in evidence. I still think it's helpful for all of us if you mention at least the page you'll be referring to. I mean, in a real trial if the attorney had permission to approach the witness but no one had a clue of what was going to be shown to them....just food for thought. I'll stop hammering this though, cuz it's improved a lot since the last time I watched.
X - Good poise. Your posture still said "confident" but you shrank in your voice and responses.
- Don't get stuck in the yes/no rut. When you finally tried to expand your response, the attorney was easily able to stop you and rope you back into the simple answers he wanted.
- STAY CONFIDENT. Get bigger, not smaller.
RD - Thank you for giving your witness a chance to recover and explain herself!

Sawyer Simpson
D - This is the direct, where you are helping the witness tell her story. Be professionally conversational, rather than interrogative.
- Ojection to narrative wasn't really that valid, but the simple way to recover from that is to break the reponses up with more questions. Sometimes teams will use that objection to just throw off your groove, too.
- Leading question objections...I'll have a little rant on that towards the end here.
X - Tough attorney
- For later use, it was nice the way she said, "Let's talk about Casey's R-Space page..." Guides the questioning and makes it clear to the judges what you're going towards. It also makes it harder to object to relevance.

Requested to rest the case, since the prosecution had not met the burden of proof required. This is more of a formality in the context of mock trial, and it's impressive to the judges if (as defense) you make this statement. In MT, they're just going to hear both sides of the case anyways, but keep it in mind for when you play defense.



****



Avery Atkinson
D - Seemed pretty scripted, yes?
X - GREAT job cornering the witness. For one last punch, you could've said, "But you didn't feel that this was important enough to mention in your affadavit?" Careful not to "overpunch" it. One step too far is WAY too far. But in this case it would've worked alright.
- You were politely domineering. I probably would've felt very small as a witness, with you crossing me. Careful not to overdo it. I don't agree that you were being argumentative per say, but apparently your opposing team did.

Cameron Cortez
X - Excellent use of the exhibit and making her answer the way ou wanted her to.
- Stayed composed when speaking with co-counsel. Seemed natural and unflustered! Good job! Often when attorneys talk with their co-counsel, they've already let on that they're flustered. I didn't even think of it that way, so that's awesome :)
- I like your use of logic with the witness to make her answer the way you wanted. There's really no way she can lie her way through that logic.

Casey Campbell
D - Very friendly/sympathetic towards the witness. Great example of being conversational.
- "Online you can be whoever you want to be, and I just wanted to be someone who wasn't picked on." Interesting and valid response.
- Be on your toes and don't let those critical questions get answered! "Did you make the time bomb..." or whatever it was. Leading and VERY pertinent to the verdict. And you let it in!
X - Don't seem too frantic to get through your questions and have them answered. You have time! Don't cut off the witness so much, it seems rude and like you're trying to hide something. Stay calm and cool-headed.
- I like your question/statement, "And you are the only one in the courtroom today that can testify to that, correct?"
RX - Stay within the scope of the redirect.



****



CA (P) - Good job reaffirming the means/motive/opportunity/intent and telling the judges exactly what in the case has proven those. It was easy to understand.
- Very confident and clear in your speech :)
- We have proven...
- I liked how you talk about the potential disaster that could've ensued.
- Bring in legal charges

CA (D) - Prosecution has failed to provide burden of proof, failed to prove beyond a reasonable doubt, etc.
- Supposed sightings, don't have any solid proof/evidence
- Small pile of sticks. Resulted to be nothing more than a burning pile of sticks. (I kinda like this one!) They brought it full-circle, too. Use something like this, because it gives an image/symbol for judges to remember. Tree without a trunk.

Rebuttal (P): Way to re-establish your clients' credibility!
- Defense "They have failed to prove..." Don't emphasize the fact that the defense hasn't proven anything. Emphasize what YOU have proved. YOU carry the burden of proof, not the defense. The defense doesn't have anything to prove, but you do.
- Good job staying poised; sometimes rebuttals/redirects/recrosses are a game of thinking on your feet. You did it well!


****


In general:
-You were better at speaking up than you were last week, but it could still be improved upon. ESPECIALLY witnesses. Being crossed can be tough
-Directing attorneys can be less stiff with their own witnesses. Professional, but not stiff. Conversational.
-A note on LEADING QUESTIONS! A lot of times, we just assume that leading questions are yes/no questions. While this is true, it's really anytime you LEAD the witness to answer a particular way. Not every yes/no question is a leading question. If it calls for a yes/no response but also calls for further explanation, and if you aren't the one testifying for the witness, you're fine. Use those questions RARELY though, and run those questions by MW or your coaches before trying them out. Also, if/when the opposing team objects, you can just back down/rephrase your question, or you could attempt to stand up for the question by saying "Your Honors, it's simply a yes or no question. I'm not leading the witness to respond in a certain way." Just be aware of the small differences because you can make it can work to your advantage. Sometimes even judges don't understand the differences, and that really irks me...
-Stay professional even on breaks. Even if the judges aren't in the courtroom, you're still sending messages to the other team members (and your audience as well).
-Careful with asked/answered and going too far with your questioning.
-Be convinced of your own side, even if you are prosecution and it's very unlikely you'll win a mock trial verdict. You have to believe it yourselves, not just go through the motions. Remember to treat this like it's REAL. I mean, there's a high school kid trying to blow the school to smithereens...it's serious stuff!


****



JUDGE DEBRIEFING -- 2-1 Prosecution
2-1 prosecution!!!!!!

Judge 1
-she liked the puzzle pieces analogy
-prosecution: put the case together very well. Well presented
-OS, points need to be spoken a little slower so it's easier to catch.
-Best prosection attorney: Dominique. Witness: Caitlyn.

Judge 2
- OS great job telling the story. MORE EYE CONTACT WITH JUDGES, not just reading.
- Witnesses had great eye contact, did well knowing their facts AND thinking on their feet
- Don't let it go if the witness isn't giving you what you want
- Don't get argumentative. You can ask the judge to be the one to instruct witness to answer yes/no. Let the judge be the mean one, not you.
-Liked it when you crossed w/o notes
-Good job pointing out defense weaknesses
-Defense doesn't have to prove anything. Only provide doubt.
-Don't argue law in OS
-Liked the analogies

Judge 3 Richard Davis
-CA, the judge stops you and asks you questions. Be prepared for that. In Supreme Court, the judges wouldn't let him go more than a minute and a half without questions
-The attorney needs to KNOW the case, not READ the case, so that you can respond to the judge somewhat intelligently. Judges have that right. They also have the right to ask the witness questions.
-Prosecution started with a ton of energy, Defense gained a ton of energy
-OS is a MAP! And don't let the judge forget where you're going -- not just first 3 minutes and last 3 minutes.
-Body language; he can tell when you're confident, nervous, etc.
-Prosecution don't be so aggressive on X. Attorney is trained to confuse the witness. Judge wants to let the witness say what they want. Judge is more sympathetic to a witness than to an attorney.
-FIRST THING YOU DO WHEN INTRODUCING EVIDENCE IS SHOW IT TO THE JUDGE AND OTHER SIDE.
-Know WHY you're making an objection. Tactile: throw witness off. Legal: So something doesn't come out (But this is also big red flashing lights to the judge to "listen to this!")
-Witnesses: DON'T use uh-huh and yeah. Say yes or no. Listen to every word that's asked, because sometimes you admitted to things you wouldn't have admitted to if you had listened to what had been asked.
Prosecution attorney: Dominique and Caitlyn (very good at being a witness)

Team A Defense Notes

Team A

Opening Statement: Interesting, she brought up the charges right off. She didn’t really start it out as a story. I don’t think the judges know what really happened….Just a bunch of facts. They are assuming that the judges have read the case, which they probably have. Maybe she’ll go into a story and tie together the facts and charges she’s laying out. I hope the judges bring it up in the debriefing.

Jessica:

Dang, too bad about your voice. I was going to pass you a bottle of water. Good job on presenting a story!!!! Could you have done it without notes? Keep eye contact with the judges. I KNOW you know this. You’re such an engaging person, with such a winning smile and good way about you. Share yourself, your personality, with the judges. The content of your opening is exquisite. Good Job.

Officer Riley:

She did a good job to make sure the judges were ready. Boy, they spent a lot of time on the phone call. I hope we exploit it. She does NOT know who made that phone call… ”It could have been anyone, even Sawyer, no?” Sawyer is good at getting others in trouble, eh?

They have great pacing with this witness.

Great objection Spencer. The judge should have made the attorney defend the objection. You did the right thing Spencer. The judge blew it.

They seem polished at this point. What is your opinion of the picture???? Improper Opinion. He may have over-ruled you but it would have been worth a try. Where’s their bailiff…timer?

Spencer. You could have probed deeper. Are you going to make a motion to dismiss based on 4^th amendment? You could have gotten into the phone call a bit more. We should try to shift the focus to Sawyer early on, no?

Killian:

This guy is reading his lines from memory…It’s like he has a teleprompter. Help Travis out here Jessica….talk to him. You guys should be passing notes. Stick with your objecting to the expert witness thingy. She’s LEADING him all over the place!!!!! Josh, listen to what they are saying so you can adapt your cross to what just happened. “Would this be complicated?” LEADING!!!!! Come on … “Do you think it would have caused damage?” LEADING!!! Come ON…Objections. You need to know your objections. Dang, so many opportunities missed.

We’re spending too much energy thinking about our crosses and not listening to what’s going on.

Travis, you have great questions. Make sure you know what to say, how to change a question if you don’t get the response you’re seeking. Good job Travis. Just a bit more work on your objections and you’ll be a pro.

Sawyer Simpson:

Wow, too bad they can’t lower the podium. It reminds me of the attorney in the Goldilocks trial. These guys do a great job pacing their directs, good rhythm. . LEADING… “DID YOU HEAR ANYTHING ABOUT A BOMB?”

We really need to listen. LEADING. Good grief. Listen folks.

Can we use note cards? You have great questions. You’re such a natural at this. Wow, they are letting their witnesses dangle out there unprotected. Make sure we never forget to redirect, UNLESS our witness creams them.

Your motion to dismiss should be tied to the 4^th amendment “Miranda Rights!!!!!” Come on Spencer…help her. Good job Jessica.

Great job on working together, collaborating during the recess. I love the fact you’re so into evaluating what has happened and what will happen. You’re acting like attorneys.

Cara: Speak up. Good job. Take charge of the courtroom and don’t be timid.

Cortez:

Good job on establishing contact with the judge. Abby, great stage presence. Don’t trail off at the end of your sentences. Jacob. Excellent job on not relying on notes!!!. You can slow down a bit and speak louder. You may want to stand still (the judges may or may not like your moving around. Best not to take chances)

Abby, you’re a rock. You guys are a great team.

Cross: Correct? Correct? The judges will tire of this. Watch out. Borderline badgering…Good job listening Jake. You should be taking notes. I see you’re doing it now. See if they damage your witness and then redirect. Did you go beyond the scope? Are they missing objections? Wow, no recross. See what happens when the coaches and teachers write the questions? You guys have been lucky to have training not scripting.

Atkinson:

You guys are on fire. Great recoveries on procedural flubs Jake. I know you’re nervous, but you’re doing a great job. Casey, you’re so believable as an expert. You could be an attorney or a witness. The judges believed you. Where are our plastic covered copies? Don’t walk away from the podium so quickly Jake. It looks like you can’t wait to get away. At least glance at the judges before walking away.

Cross: Good job on listening to the questions. She’s not listening to your responses. She’s a good attorney and has been well coached. We can learn from her ability to handle a very good expert witness.

Casey Campbell:

Travis. You need to rework the wording of your questions. Just talk to her. Crissy, you need to know your statement. Read it out loud a number of times so the facts are in your ear/head in your own voice.

Crissy, you’ve recovered. Great job on seeming candid and believable. Good eye contact with the judges.

Cross: Listen to the questions. Good job on paying attention Crissy. They do a great job on entering evidence. Great coaching. I hope the judges give them kudos on it. You don’t have to answer yes or no. Travis, relevance…Come on objections. Protect her. Make them work for these things. Very good on keeping track of your testimony Crissy. Travis…protect her. With a bit more practice and reviewing of courtroom procedures, you’ll do really well. Great job for first time out Josh.

Closing Arguments:

They have a good command of the facts but they are not connecting with the judges. I hope you guys will continue to get your personalities into your arguments. You have to be grateful to our coaches for encouraging you to be yourselves so you only have to learn the case and not pretend to be someone you’re not. I’m sure these guys have personalities but they are too scripted. As you move on, which at this point seems likely, you can focus on the facts and procedures: you’re already legal eagles.

Spencer. You know this stuff. Don’t be tied to your notes. Are you going to bring up 4^th amendment?....Thank YOU. I like the bridge analogy. You could have addressed the charges individually, but you made your point. We may lose points because you didn’t go through more of the witnesses…point by point. Reasonalbe doubt.

Debriefing:

First Judge:

Again, they were pros on entering exhibits. You did listen, witnesses and attorneys alike. Crissy, I think you were very believable even though you did seem confused about the facts at the beginning. It made you look real.

Second Judge: We missed the reiteration on one redirect. So true about you listening by all of our witnesses. Wow, we’re moving on.

Third Judge: I like this guy…even if he plugged his own law firm. Great advice on inflection. Casey “Hit the ball out of the park.” Their questions were well written. Boy, he’s giving great advice. We need to go after procedure. “Don’t be afraid to approach the judges and ask them what they want.” When we make “big hits” we need to follow up on them in closing. “Why did you destroy the bomb so no one else could examine it.? Is this guy emotional or what…I think he enjoys being an attorney, what do you guys think?

Was the Dali thing in the statement? I missed it. They really didn’t go into the details of the charges.

“…fantasy into reality.” It is a good line.

He’s given us a lot of stuff to use on either side.

Postponing the defense opening is VERY risky. I like the idea of not dismissing the witness completely: Subject to recall.

I like the idea of establishing a rapport with the judges, talking to them, approaching the bench, whispering. IF the other team ever does it, make sure you go up there with them.

Team A notes from last week!

Brittany took notes on us! Hoorah! This is excellent feedback, I thought I'd show you guys, because it pertains to all of us. :)

(OS) I liked how it was clearly outlined from the start - defendent was being convicted of 3 things-good job bringing in motive/means/opportunity-On the whole, it didn't sound scripted like some teams (phew!) but there was still a slight stiffness in the way some of the witnesses answered questions. Get "in character" to the point where you really believe you ARE that character, and you know/believe your story as if you are that person. At that point, you won't be going down the script answering your questions; you will be telling "your" story and it will be a million times more convincing.-I liked when the redirects effectively gave the witness a chance to recover and explain themselves when they had been beaten down by the cross.-Witnesses on cross: stay confident and stand up for yourself, even if you feel like you're making stuff up to fill in the blanks. It is kind of a game of thinking on your feet...and being convincing of it.-Witnesses: my own personal "thing" is when you're answering questions, don't mechanically turn to the attorney for the question then (still mechanically) turn to the judge and recite your answer. I try to find a happy medium point in my chair between the attorney/judge, and then direct my response mostly towards the judge but make it natural too -- and occasionally look at the attorney. Seems more relaxed/believable, in my opinion.-Cross: don't be afraid to politely make the hostile witness squirm. Hold their hand and gently guide them down into the pits of their own contraditions. Um, flaxen cords mean anything? They won't know what hit them ;)-Witnesses on cross: it's a rather difficult line to draw sometimes, but try to still get out a lot of information when you're answering your questions. Don't be obnoxious and stubborn about trying to expand ALL of your responses, but don't make it easy (yes. yes. yes. yes. no. no. etc.) for your hostile attorney.-LAY FOUNDATION FOR YOUR EXHIBITS! Then, ask the judge for permission to approach the witness, but before you actually go up to the witness, let the judge know EXACTLY what you'll be referring to, and let the judge know that they and the opposing team have both been provided with a copy. I think this was kind of a universal struggle that day.-Overall, great job on your first trial. Stay confident and poised :)

March 7th parts

Sorry it took so long! We hate choosing parts, so, so much. Thanks for being good sports--I wish we could have six attorneys...but that's not how it works out. Took alot of thinking, and I promise that if you are not happy with your new part, it was not because of weakness that we changed you. I promise.


SORRY ABOUT THE MIX UP. I was looking at the wrong list when I typed them. Jessica is LOSING IT. My apologies.

Thanks,
jessica & meredith


Team A
*Jessica: Openings/Cross(Sawyer)
*Jacob: Direct(Atkinson)/Direct(Cortez)
*Travis: Direct(Campbell)/Cross(Killian)
*Spencer S.: Closings/Cross(Riley)
*Crissy: Casey Campbell
*Casey: Avery Atkinson
*Abby: Cameron Cortez
*Elvis: Alternate
*Cara: Bailiff

Team B
Team B
*Meredith: Openings/Cross(Campbell)
*Jeff.: Cross(Atinson)/Direct(Killian)
*Dominique: Closings/Direct(Riley)
*Jared: direct(Sawyer)/Cross(Cortez)
*Elena: Sawyer Simpson
*Lineah: Rory Riley
*Caitlin:Kim Killian
*Spencer L.: Bailiff


The next week will be busy. Be prepared. Everyone come with a copy of your old questions, be ready to trade with people. Look for the person with your part, and give them a copy. We'll modify everything this week, but this will make it easier. Meeting after school monday, location TBA.