Moot trial provides real-life experience I
Lawyers, victims and witnesses
join together in courtroom drama
Tension hung heavy ir. the courtroom as Counsel for the
Prosecution Brendon Alexander wearily eyed the witness
across the room. Something about her looked shady.
This had been one of the longest trials of the week. Five at
torneys represented three clients in the Fordyce vs. Harris
and Kelson assault trial, and there had been problems
finding consensus on points of procedure on evidence
submitted.
All five had approached the bench often to confer with
Judge Pamela Schultz. The defendants were edgy and the
jurors just wanted to get it over with.
Melissa Angel, cocktail waitress at Gus’ Bar and Grill had
worked the night Fordyce had been beaten up. Her
eyewitness testimony was crucial.
“So, how long have you been working at Gus’, and
Alexander paused to examine the witness' rather heavy
moustache and hefty build. "How long have you been tak
ing steroids?"
The entire courtroom erupted in laughter. The judge
threw up her hands in mock disgust and ordered the ques
tion striken from the record. Then she giggled with the rest
of the University law students, happy to find a light moment
at the end of a long summer semester.
AH the participants in the
University School of l.aw’s
moot courtroom were acting out
the final chapter in a class
designed to give law students a
feel for a real courtroom. "Trial
Practice” not only involved
third year law students but also
their families and friends who
agreed to act as witnesses and
jurors,
One of those volunteer actors.
Rod Sanderson from Junction
City, was assisting Greg
Perkins, a law student from
Salem. Perkins was having a
hard time getting volunteers to
come to Eugene, so the actor
played two different parts —
one male and one female.
In many ways the courtroom
can be compared to theater, says
law Professor Wayne Westllng.
who teaches the class along
with Lauren Holland, a Eugene
attorney.
"You are presenting a story to
an audience, but you are bound
by the facts, bound by whai
happened." Westjing says.
“You can't create like
playwrights, but you can use
theatrical techniques.”
Throughout the term the
students have worked on dif
ferent parts of courtroom
drama. First, the case and ac
cumulated evidence were
presented to them. These are
stock cases based on real trials,
but edited for educational pur
poses by the National Institute
of Trial Advocacy.
From these the students had
to determine what facts would
lay the most convincing founda
tion on which to build their
presentations. The courtroom
procedure was taken apart piece
by piece for examination.
For example, the students
discussed how to question
friendly versus unfriendly
witnesses, they practiced giving
opening and closing arguments
to a fictitious jury, and last
week they put it all together in
one big piece.
The experience the class
gains is becoming more crucial.
West ling says.
"The pattern of lawyers has
changed." West ling says. "You
can't always get a preliminary
job with an experienced
lawyer."
Increasing numbers of
schools are training students to
he a complete lawyer when they
graduate, he says.
"You need to be able to do it
when you walk out that door."
The class is not required, hut
it is "the best thing in law
school." says Claren Tracey, an
assisiant district attorney in
Eugene. "Students ant fools if
they don’t take advantageofrft."
Tracey volunteered as a
witness in the cocaine con
spiracy trial. She played the
part of Laura Dobson, a role she
has played four other times.
When she was a law student she
also tried this case.
.‘Tve done this on the other
side." she says. "This is one of
my favorite roles ”
Another local professional
says he enjoyed playing a judge
Andrew Bates, an attorney for
the Eugene public defenders of
flee presided over the cocaine
trial. He says he gained insights
into how to interact with a
judge, and how a judge
behaves.
“Decisions have to be made
quickly,” Hates says. “There’s
not a lot of time for thought
reflection.”
Getting perspectives on the
“other side" is an unexpected
benefit for all involved parties,
says third year law student Klise
Falaang, who has been doing
trial work at the Benton County
District Attorney's Office in
Corvallis.
Kulsang played police officer
Penny Logan in the assault case
“It's good to get up there and
know what It's like to Ire ques
tioned,” she says.
During final evaluation after
all cases have been presented,
the students receive a written
critique and view an entire
videotape of their performance.
Westling says. This information
is valuable even for those who
don't plan to life trial lawyers, he
adds.
hike other students involved
in the class, law student Kristin
Margolf put in ;i0-!o 40 hours of
work as a prosecuting attorney
in the cocaine case. But even ..
after the verdict was in, she says ;
she was still nervous.
”1 still have a horrible knot in
my stomach, and I feel real
awkward.” Margolf says after',
the .trial, adding that she
wouldn't want to do it again
Story by Unda Hahn
Photos by Karen Staliwood
if
Clockwise from the top: Plaintiff Ken Atel sits in the witness
stand and prepares to answer a questions while fudge.
Pamela Schultz keeps close watch on the action: Prosecuting
Attorney Btendon Alexander stands up and vehemently
argues his client's case; Prosecuting Attorney Rick Diaz ap
proaches the imnch to consult with fudge Schultz: prosecu
tion witness Brenda Sanders gives testimony after question
ing during the lengthy trial; and defense attorney Karl Per
rier reviews his notes and prepares questions during his
.client's trial.
I
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