Mock Trial Competition

State

v. Madison

A criminal case where the defendant is charged with assault on a member of police force and disorderly conduct.

1

Courtroom Vocabulary You will need to learn the following terms in order to be successful in your mock trial:

Alibi: Any kind of witness that the person being ______________ of a crime was not at the scene of the crime when it occurred, therefore, they could ______________ have committed the crime. Bailiff: An official of the court of law whose job is to keep the _______________ .  Defendant: The person charged or ___________ of committing a crime. Defense: A team that argues the point of view of the ________________ . Plaintiff: The person who is bringing the suit _________ the defendant. Prosecution: A team that argues the point of view of the ______________ . Opening Statement: A statement made by the defense and the prosecution, that outlines the ____________ of the case. Closing Statement: A _______________ of the case from each side’s point of view

2

Cross-Examination: Questioning of the witness from the _____________ side using direct yes-no questions. Direct Examination: Questioning of the witnesses by his or her _______ lawyers with the use of ________ - ___________ questions to help the witness tell their complete story. Proof: A witness’s testimony or __________ evidence supporting the guilt or innocence of the defendant. Objection: A response of an attorney to something seen as a violation of the rules, usually used in response to improper _____________ of a witness.  

 

Leading Question: A type of objection where an attorney asks a yes/no or closed-ended question to one of their own witnesses.     Witness: A person who has been called by the ___________ or the ____________ to provide information about the case.

3

Established facts about the scene of the crime

Roosevelt High School (RHS) is located at 242 Main Street in Des Moines, Iowa. There are

approximately 1200 students attending RHS in grades 9-12. Students who attend RHS do not need

to take a test or fill out a formal application to enroll. Enrollment, as is the case with all Des Moines

public high schools, is on a first-come, first-served basis. Transfer applications are evaluated on an

individual basis.

The normal school day is from 8:45 a.m. to 3:15 a.m. The extracurricular activities at Roosevelt High

School go no later than 5:30 p.m. Students are not allowed on school property before 8:00 a.m. or

after 6:00 p.m. without approval from a teacher or administrator.

Since the beginning of the current school year, there have been a number of incidents of

non-students harassing students around school property. The non-students have been reportedly

calling out students’ names, shouting profanities, and making threatening gestures towards students.

Also, the non-students have been spray painting names and/or graphic images onto school buildings.

Due to the increase of this type of activity, school administrators called the Des Moines Police

Department (DMPD) and asked for heightened police presence during the times when the worst

harassment occurs- 8:00 a.m. to 8:45 a.m. and 3:00 p.m. to 4:00 p.m.

On Wednesday, October 27th, 2016, RHS had a half-day schedule for an upcoming holiday.

Students were released from school at 11:30 a.m. However, many students were hanging around the

school building and surrounding sidewalks after school because there was the big Spring Dance

being held from 1:00 to 3:00 p.m. By 3:30 p.m. most students had left school property to begin their

long weekend. Only those who had participated as the dance’s “homecoming court” and a few other

students remained in or around the high school grounds.

4

Established facts about the crime

On Wednesday October 27, 2016 at about 3:30 p.m. Officers Kevin Bates and Theresa Major were

patrolling their area in their patrol car. They noticed Andrew Madison and Jamie Lincoln on the

corner of 42nd and Center Street. There were no other youths on the corner at that time, and neither

student had a backpack on or around them. Both officers were in their police uniforms, and their

cruiser was clearly marked with DMPD logos. Mr. Madison and Ms. Lincoln were standing next to the

fence of the corner house, close to Roosevelt High School, which both of them attend. They were

talking loudly with one another, snacking on some chips, and Andrew Madison was smoking a

cigarette. Officers Bates and Major noticed Madison and Lincoln interacting with a student who

walked out of the high school in a costume. The student didn’t seem scared, so the officers

continued their patrol.

When Officers Bates and Major came back around the same corner, they noticed a very loud

conversation between Madison, Lincoln, and a group of kids. The officers pulled up next to Madison

and Lincoln, exited the cruiser, and approached them. The officers asked them their names and what

they were doing on the corner. They also asked them for identification. Neither Madison nor Lincoln

initially cooperated with these requests. Officer Bates threatened to arrest them. Both Madison and

Lincoln moved towards their pockets, and Officer Bates noticed something shiny in Madison’s right

hand. He then attempted to get the object from Madison.

The events leading up to the arrest are in dispute, but at the very beginning of the scuffle between

Officer Bates and Madison, Andrew Madison sustained a cut to his upper right leg. It is unclear at

what point Officer Bates suffered the cut on his arm. Madison also broke his wrist. However, both

Madison’s cut and Officer Bates’ cut were caused by Madison’s pocket knife. By the end of the

encounter, Madison was on the ground, his arms pinned behind his back by Officer Bates’ knee. At

that point Officer Bates handcuffed Madison and put him in the patrol car while Officer Major did the

same to Lincoln.

At the police station, both police officers learned that Madison and Lincoln were students at Roosevelt

High School and had attended the dance. Officer Bates and Madison were treated for their injuries.

After the holiday, Madison’s parents took him back to the station to fill out a civilian complaint against

officer Bates. At that point, they learned that Officer Bates was pressing charges against their son.

5

Additional facts

Both the police and Andrew Madison agree that Madison was carrying a Swiss Army retractable

pocket knife in his pocket. These types of knives are not illegal in Des Moines, but school rules forbid

students from carrying them on school property.

Officer Kevin Bates has been pulled from active duty until the civilian complaint filed against him by

Andrew Madison’s parent has been investigated internally.

Established Facts Analysis

What are some important facts about the scene and/or crime? In what ways do the established facts hurt Lauren Hardy’s case? In what ways do the established facts help Lauren Hardy’s case?

6

Charges

Andrew Madison has been charged with the following crimes. After each crime has a description of the crime based on the Des Moines criminal code. They are listed from most severe to least severe DM CODE 32-9 Assault on member of police force A person may not, without a justifiable cause, assault, resist, oppose, intimidate, or interfere with any officer or member of any police force in the city of Des Moines. It is also illegal to use force to resist an arrest when you know the person trying to arrest you is a police officer. This offense is a felony which carries with it a punishment of one to five years in jail. DM Code 32-8 Assault; battery; stalking Assault- No person shall threaten another person with bodily harm. An assault that does not involve the intent to seriously harm someone is a misdemeanor offense which carries a maximum sentence of one year in jail Battery- No person shall act in a way that results in harmful or offensive contact with another person. Stalking- Any person who on more than one occasion engages in conduct with the intent to cause emotional distress to another person. This includes harassment. DM Code 41-1231 Disorderly conduct A person commits disorderly conduct when that person does one or more of the following…

● Disturbing, obstructing, or being offensive to others ● Gathering with others on a public street and refusing to move on when ordered by police ● Shouting or making noise in a building during nighttime

7

Other Relevant Laws Note: Remember, Officer Bates is not on trial here, but the defense might be able to use some of

these relevant laws to show unnecessary force or unlawful search. That can help to discredit Officer Bates.

DM Code 3-14 Use of unnecessary or excessive force Any officer who uses unnecessary or excessive force in arresting or imprisoning any personal shall be deemed guilty of assault and battery. DM Code 11-252 Arrests without warrant by law enforcement officers A law enforcement officer may make an arrest without a warrant if:

● The officer has reason to believe an individual has committed or is committing a felony. ● The officer has reason to believe an individual has committed or is committing an offense in

front of the officer. ● The officer believes that the individual is attempting to tamper with or destroy evidence.

8

Jury Instructions

Assault on Member of Police Force

To prove the defendant is guilty of assault on member of police force, the people must prove that: (1) the defendant did intentionally or due to gross negligence cause serious injury to a member of

police AND (2) the defendant knew the person was a police officer.

Assault, Battery, Stalking

To prove the defendant is guilty of this crime, the people must prove that: (1) the defendant acted in a threatening way AND (2) the defendant acted in a way that resulted in offensive contact with someone AND (3) the contact was not intended to cause serious harm.

Disorderly Conduct

To prove the defendant is guilty of this crime, the people must prove that: (1) the defendant acted in a way that caused a public disturbance AND (2) community members/victims were upset and offended by the actions OR (3) the defendant refused a direct order from a police officer AND (4) the defendant was aware the order was from a police officer

Analysis of Charges and Jury Instruction

Write a short paragraph describing specifically what it is you must prove or disprove during the course of this trial.

9

Evidence The following physical evidence may be introduced at trial.

1. Exhibit A, Andrew Madison’s knife. 2. Exhibit B, Andrew Madison’s transcripts and disciplinary report 3. Exhibit C, Police Report 4. Exhibit D, Personnel Performance Record for Officer Bates 5. Exhibit E, Civilian Complaint for filed by Andrew Madison’s Mother

EXHIBIT A:

Andrew Madison’s pocket knife

● Swiss Army Knife ● 7 different “gadgets” including:

○ Scissors ○ 2-inch Blade ○ Screwdriver ○ Bottle opener ○ Corkscrew ○ Nail File

● Swiss Army Knives are not illegal in Des Moines. ● Swiss Army Knives are prohibited on Roosevelt High School property.

10

Knife Analysis What part of this piece of evidence hurts your side? Why? What part of this piece of evidence helps your side? Why? Are you going to introduce this as evidence during trial? Why or why not? If so, what questions might you ask? Which witness(es) do you want to discuss this map with?

11

EXHIBIT B:

Andrew Madison’s academic transcripts

12

***Disciplinary Record***

 

Note: Andrew Madison had many disciplinary actions noted from Johnston High

School where he attended 9th grade. This included a week-long suspension.

SY 2014/2015

Suspensions: 1

Detentions: 4

Warnings: 3

Counselor Notes: Andrew seems to be having trouble adjusting to a new school.

He has gotten into a number of fights and talks back to his teachers. He was

suspended 3 days for a particularly violent incident with another student who

was also suspended. He is working on his anger management.

SY 2015/2016

Suspensions: None

Detentions: 2

Warnings: 5

Counselor Notes: Andrew is doing better this year. Has emerged as a leader

among his peers. Less fights, but still maintains a visible disdain for the

authority of most his teachers. Exception is in mathematics, where he excels.

He has expressed interest in being a peer mediator next year.

SY 2016/2017- In progress

Suspensions: None

Detentions: None

Warnings: 2

Counselor Notes: In progress.

13

Academic Transcripts Analysis

What part of this piece of evidence hurts your side? Why? What part of this piece of evidence helps your side? Why? Are you going to introduce this as evidence during trial? Why or why not? If so, what questions might you ask? Which witness(es) do you want to discuss this map with?

14

EXHIBIT C: Police Report

Part I: Classification of Event

Type of report: Offense _______ Incident ___X___

Date: October 27, 2016 Start time: 3:34 pm End time: 3:55 pm

Event Location Address: Corner of 42nd and Center Street

Event No. 1: Truancy/Disorderly Conduct

Event No. 2: Assault

Part II: Victim Information

Name of Victim: Officer Kevin Bates Date of Birth: 12/01/1983

Home Address: 342 Beaver Avenue Des Moines, IA 50310

Status at Time of Report: Puncture wound to arm, taken to hospital

Part III: Property

Description of Stolen Property: N/A

Vehicle Operated by: N/A

Vehicle Description: N/A

Part IV: Suspect Information

Suspect 1: Andrew Madison Age: 18

Height: 5’10” Weight: 200 lbs

Weapons used in offense: Retractable Swiss Army Knife

Suspect 2: Jamie Lincoln Age: 16

15

Height: 6’1” Weight: 160 lbs

Weapons used in offense: NONE

Part V: Statement of Facts/Officer Narrative

We were patrolling our usual area when we notice two teenagers without

backpacks standing near a fence at the corner of 42nd and Center Street. The

two were talking very loudly, lounging about, one was smoking a cigarette.

When a female pedestrian crossed their path as she was leaving the school

building, they made rude comments about her. When we came back to the area

again on our patrol, the two were still standing by the fence making comments

to another set of students. At this point we stopped the car and got out to

talk to the teenagers. We asked them their names and if they were supposed to

be at school. They ignored us and continued what they were doing. We asked

them to move along, but again we were ignored. We asked them again to identify

themselves, and one of them, who were later learned to be Andrew Madison,

suddenly put his hand in his back pocket and pulled something shiny out. I

thought it might be a weapon and moved to protect myself and prevent him from

bringing the object out of his pocket. He resisted, insisting on trying to

bring out his pocket what I could when see was a knife. The scuffle lasted

only a few minutes. However, I ended up with a gash on my arm, and Andrew

Madison had a puncture wound to his upper thigh and what appeared to be a

broken wrist. At this point, we arrested the two individuals and brought them

to the police station.

Description of Physical Evidence:

Retractable Swiss Army knife with 7 different tools was found on Andrew

Madison.

Reporting Officers:

__________________________________________

Officer Kevin Bates

__________________________________________

Officer Theresa Major

16

Police Report Analysis What part of this piece of evidence hurts your side? Why? What part of this piece of evidence helps your side? Why? Are you going to introduce this as evidence during trial? Why or why not? If so, what questions might you ask? Which witness(es) do you want to discuss this map with?  

17

EXHIBIT D:

Performance Record for Officer Bates

Des Moines Police Department 

Personnel Form 

Name: Officer Kevin Bates Badge No. 35-087 

Division: One-One Rank: Officer (patrol) Total Years of Service: 10 

Date of Birth: 12/01/1983 SSN: 179-**-**** 

Address: 342 Beaver Avenue Des Moines, IA 50310 Phone Number: 515-574-8843 

 

Previous Duties 

Division  Rank  Dates of Service 

Three-One  Officer (foot)  August 2007 - December 2010 

Two-Four  Officer (patrol)  January 2011- May 2014 

 

Performance Traits 

(Scale 1-5, 1=highest) 

Date of 

Evaluation 

Professionalism  Reliability  Compliance 

with Policies 

& Standards 

Personal 

Behavior 

Leadership  Overall 

Rating 

8/2008  1  2  2  2  3  2 

7/2009  2  1  2  2  2  2 

8/2010  1  2  2  2  3  2 

7/2013  2  2  2  2  2  2 

8/2016  2  1  2  2  2  2 

 

Awards and Commendations 

 

Date  Description 

18

5/2009  Outstanding relationship with the community 

3/2012  Recognition for investigative techniques 

7/2015  Recognition for work with community educational initiatives  

 

Complaints and Disciplinary Action 

 

Date  Description 

10/2010  Civilian complaint about actions taken against husband during response to 

domestic dispute. No disciplinary action taken.  

4/2012  Civilian complaint by arrestee (suspected pickpocket and mugger) about force 

used against him during apprehension. Warning, but no disciplinary action taken.  

7/2016  Civilian complaint about verbal abuse during stop of drunk driver. Complaint made 

by companion of driver. No disciplinary action taken.  

Bates’ Performance Record Analysis

What part of this piece of evidence hurts your side? Why? What part of this piece of evidence helps your side? Why? Are you going to introduce this as evidence during trial? Why or why not? If so, what questions might you ask? Which witness(es) do you want to discuss this map with?

19

EXHIBIT E:Civilian Complaint form

20

Civilian Complaint Form Analysis What part of this piece of evidence hurts your side? Why? What part of this piece of evidence helps your side? Why? Are you going to introduce this as evidence during trial? Why or why not? If so, what questions might you ask? Which witness(es) do you want to discuss this map with?

21

WITNESS LIST

Witnesses for the Prosecution

Officer Kevin Bates Des Moines Police Officer

Officer Theresa Major

Des Moines Police Officer

Mark Snow Former Guidance Counselor for Andrew Madison

Witnesses for the Defense

Andrew Madison Defendant

Jamie Lincoln

Student at Roosevelt High School

Peter Carter Current Guidance Counselor for Andrew Madison

22

Prosecution Witness Statement- Officer Kevin Bates

I was recently asked by the principal of Roosevelt High School to keep an eye on the high school and area surrounding the school before and after school hours. Apparently, some of the students were being harassed by some of the neighborhood kids who aren’t in school. Also, there were issues with vandalism (spray paint). We started our patrol around 3:00 p.m. No one told us that it was a half-day. Then, at about 3:30, we see two teenagers hanging out at the corner across from the school. They were talking loud, trying to look tough, but we didn’t do anything until we saw them harass a girl leaving the school. She was dressed in a costume, and they started to yell at her and make fun of her. She responds and doesn’t look scared, so we think she might know them. We continued our patrol. When we came around again, the same two teenagers were speaking loudly with a few other students walking out of school. We parked our car in front of them thinking this would cool them off. They didn’t seem to care, they just kept hollering and laughing, one of them was smoking. We walked up to the teenagers, asked if they were students, and asked to see their IDs. They didn’t respond, so we told them that they could be arrested if they failed to listen to our orders. The stockier one (Andrew Madison) smirked, reached real slowly into his pocket. As he did, I saw a suspicious metal object. I knew right away it was a knife. To avoid further conflict, I attempted to arrest and disarm him. I shouted, “Alright, you’re under arrest for disorderly conduct,” and grabbed his hand out of his pocket. I think he may have gotten cut in the leg at this point. We began to struggle because he didn’t want to give me the knife. I wrestled him to the ground. Finally, I got the knife, but I got a cut on my arm. My job is to keep people safe. I know that there have been complaints about me in the past, but I’m just doing my job. I may be a tough cop, but I’m always fair.

23

Officer Bates’ Statement Analysis

What did Officer Bates say that hurts your side? Why? What did Officer Bates say that helps your side? Why? What questions are you going to ask Officer Bates? Come up with 10-20 questions to ask her on the stand. These will be open-ended questions if you are the prosecution and closed-ended questions if you are the defense.

24

Prosecution Witness Statement- Officer Theresa Major

Officer Bates and I have been partners for a year, and he is a good cop. I know he has had complaints about using excessive force, but I haven’t seen anything like that since we have been partners. I’m smaller and a good talker while Officer Bates is intimidating and more of an “action person”. This makes us a good team. During our patrol, we saw two people hanging out by the school. One looked older and neither had backpacks, so we didn’t think they were students. The two students were talking loudly, eating, and smoking. We also saw them harassing a girl leaving the school by calling her names. When we approached the two individuals, we asked for their ID. I could immediately see that the bigger one (Andrew Madison) was going to be trouble. The kids weren’t cooperating until Bates threatened to put them under arrest. Then Andrew Madison began to reach into his pocket. To be honest, I thought the boy was reaching for his wallet, but Bates saw something and lunged at the guy’s arm. After wrestling, the kid started yelling about his arm. Also, I saw blood on Officer Bates and Andrew. As Officer Bates was handcuffing Andrew Madison, I noticed that his wrist was swollen and bulging out the side. I told Officer Bates to be careful with him. We took them to the police station where we learned to they were both students. If they just showed us their IDs when we asked, none of this would have happened.

25

Officer Major’s Statement Analysis

What did Officer Major say that hurts your side? Why? What did Officer Major say that helps your side? Why? What questions are you going to ask Officer Major? Come up with 10-20 questions to ask her on the stand. These will be open-ended questions if you are the prosecution and closed-ended questions if you are the defense.

26

Prosecution Witness Statement- Mark Snow

I have been a counselor for Roosevelt High School for over 20 years, and I’m a good judge of character. I met Andrew when he transferred to RHS from Johnston High School his Sophomore year. He was having behavior problems at his old school. After his first detention, we met and discussed what was going on. He was starting to warm up to me- making jokes. Our relationship was great. A few weeks later, he got into a fight with another student. There were black eyes and broken noses. Any bit of sweetness I had seen from Andrew was completely gone. Andrew began to get more detentions. He thought the whole school was against him. He had a 1.8 GPA but it would have been higher if he applied himself. He is a very bright kid, but most teachers dread having him in their room.

Mark Snow’s Statement Analysis

What did Mr. Snow say that hurts your side? Why? What did Mr. Snow say that helps your side? Why? What questions are you going to ask Mr. Snow? Come up with 10-20 questions to ask her on the stand. These will be open-ended questions if you are the prosecution and closed-ended questions if you are the defense.

27

Defendant Statement- Andrew Madison

That day I was hanging out with Jamie on the corner across from school. I was the day of the spring dance and it was supposed to be very dressy, but everyone including myself, just laughed and made fun of the people that organized the dance- not to be mean or anything. Some of my friends were involved in organizing the dance. My friend Tanisha left the school. She had this ridiculous school mascot costume that she had to wear to the dance as a pep rally kind of thing. Now, Tanisha and I are friends. I started making fun of her for her costume. She laughed, too. Some cops noticed us, but they kept driving. The cops came back a little while later. We were joking and laughing with some other friends of ours from the dance. Suddenly, these two cops rushed out of their car and started to yell at Jamie and me. They had their hands on their batons. They were yelling things like, “What are you doing here” and “Let me see some ID”- like we weren’t students at the school or something. I know the rules about not being allowed at school after 5:30, but it was only 3:30. These cops were treating us like criminals. I didn’t respond right away. I didn’t think it was fair that these cops were singling me out just because I have baggy jeans or whatever. After they seemed serious, I reached into my pocket to get my school ID. As I pull it out, one of the cops just tackles me. On my keychain that’s attached to my wallet, I have one of those retractable Swiss Army knives with all kinds of gadgets on it. My uncle gave it to me, and it is so cool --- you just push on the side and the blade comes out. I use it to cut fruit, but I’m not allowed to have it at school. When the cop pulled my arm, my ID fell out of my pocket and the knife blade popped open. It ended up cutting the upper part of my thigh through my jeans- hurt like hell. He threw me on the ground, but kept my wrist in his hand. I heard my wrist pop and I felt a sudden pain. I started screaming that I was hurt, but neither cop was listening. At some point he cut himself on my knife. After getting out of jail, my parents took me to the hospital. My wrist was broken and I got four stitches in my leg. I wanted a fresh start at RHS. At my previous school, I made some poor choices. I did get suspended Sophomore year, and that was my fault. I’ve learned to take responsibility for my actions, but this incident had nothing to do with me. I now get along with all of my teachers and try my best to stay out of trouble. I used to be a problem in class, but now I’m working hard to stay straight. I do smoke cigarettes and have some other bad habits, but I’m trying to quit those too. This cop clearly just wanted to try and hassle me.

28

Andrew Madison’s Statement Analysis

What did Mr. Madison say that hurts your side? Why? What did Mr. Madison say that helps your side? Why? What questions are you going to ask Mr. Madison? Come up with 10-20 questions to ask her on the stand. These will be open-ended questions if you are the defense and closed-ended questions if you are the prosecution.

29

Defense Witness Statement- Jamie Lincoln

I transferred to Roosevelt High School my Freshman year. Andrew and I have been friends ever since. I used to get picked on, but Andrew was really nice to me. I stopped getting picked on and beat up when Andrew started hanging out with me. Andrew is pretty big and intimidating. Kids at school either respect or fear him. Teachers don’t show Andrew respect, so he doesn’t show them respect either. He does look older than a high schooler, and he has a temper. When that cop got out of his car, you could tell that he wasn’t worried about me. I’m skinny and pretty small. But you could tell right away that his eyes were all over Andrew. All we were doing was hanging out by the fence at school. We do this all the time. We started poking fun at our friend, Tanisha, for having to wear her mascot costume to the dance. Some cops drove by, but they didn’t stop. When the cops came back, we were joking with some other friends. The cops screeched to a halt and got out. They asked for our IDs right away. When we didn’t get them out, the cops got all worked up. Andrew went into his pocket for his ID and so did I. Suddenly, one of the cops grabbed Andrew’s arm and started yelling, “This one tried to stab me, watch the other one.” Then he twisted Andrew’s arm, hard. I saw blood on Andrew’s pants and heard his wrist pop as the officer pushed Andrew on the ground. As they struggled on the ground, I heard the cop by me say, “Take it easy, Kevin.” Then the officer cuffed both of us and put us in their cruiser. Andrew’s ID and pocket knife had fallen on the ground. I didn’t see the cut on the cop, and I don’t know how he got it.

30

Jamie Lincoln’s Statement Analysis

What did Ms. Lincoln say that hurts your side? Why? What did Ms. Lincoln say that helps your side? Why? What questions are you going to ask Ms. Lincoln? Come up with 10-20 questions to ask her on the stand. These will be open-ended questions if you are the defense and closed-ended questions if you are the prosecution.

31

Defense Witness Statement- Peter Carter

I am a counselor at Roosevelt High School. I began working with Andrew after his relationship with Mark Snow broke down. Andrew and Mark stopped getting along after Andrew got suspended Sophomore year. I heard some things about Andrew before I met him. He had trouble with teachers often. But I spoke with his Algebra teacher, and he had a very high opinion of him. I gave Andrew a chance, and he warmed up to me. Andrew has a problem with people in authority. I think this stems from a lack of trust. A lot of kids don’t trust adults, especially those in positions of power, like teachers and police officers. I could see that Andrew was more than just an angry kid. He excelled in Math and Science, and he has a very loyal group of friends. All of his peers respect him. That is why I had him take part in the Peer Mediators program. When students are having conflicts with one another, peer mediators help sort it out. Andrew is great at this. Andrew has also made an effort to stay out of trouble. He has had two detentions this year. Last year, he had four detentions and a suspension. I have been working with Andrew’s college applications. I have also written him a glowing letter of recommendation. He has a lot of potential, it just needs to be tapped.

32

Peter Carter’s Statement Analysis

What did Mr. Carter say that hurts your side? Why? What did Mr. Carter say that helps your side? Why? What questions are you going to ask Mr. Carter? Come up with 10-20 questions to ask her on the stand. These will be open-ended questions if you are the defense and closed-ended questions if you are the prosecution.

33