The tale of two stories

JAUMARRO CUFFEE
THE SIGNAL

It was the best of opportunities under the worst of circumstances. Jeffrey Potter stood to gain more than $2 million. His late wife Katherine Potter was struck down by a pickup truck driven by Charles Shrackle. Five days later, she died from her injuries.

This one incident led to two different stories.

What were the circumstances? Who was at fault? Should Potter receive $2.5 million compensation? How would each side prove its case?

The answers to these and other questions unfolded at the 20th annual Student Conference for Research and Creative Arts (SCRCA) in “Mock Trial: The Case of Potter v. Shrackle; Who Caused Mrs. Potter’s Death?”

The Making of a Mock Trial

UHCL School of Business has presented a mock trial at the annual SCRCA during the past four years. Trials can be a civil case, criminal case, murder trial or even personal injury. Scheduling the mock trial during the SCRCA provides a broader audience since observers are in the courtroom and can watch from another site on campus where the trial is streamed real-time.

Lawyers and witnesses participating in the mock trial are students in Associate Professor of Legal Studies James Benson’s Mock Trial class. Students complete the American System of Trial by Jury class before they can enroll in the Mock Trial class. A requirement of the Mock Trial class is for students to complete a full mock trial.

Completing the prerequisite and accompanying course work is only the beginning. Counsel for the plaintiff and defense, along with their respective witnesses, spend several months preparing.

“We had over a hundred hours of prep work and 36 hours of practice just this week,” said Amanda Stephens, legal studies major and one of the mock trial lawyers representing defendant Charles Shrackle.

“In this setting [students] experience what it is like to, and the work that goes into, preparing a case for trial from voir dire, the examination of a jury panel, all the way to closing argument,” Benson said.

The only participant in the mock trial who was not a student was the presiding judge. This year, Win Weber was the presiding judge.

Weber is adjunct faculty for criminal law and procedure. She is also a criminal trial lawyer with 25 years of experience and a reserve municipal judge in Nassau Bay, Texas.

“It’s joyful work,” Weber said. “I get a personal satisfaction because it’s constructive. I feel like I’m helping build their education.”
Potter v. Shrackle is a learning tool published by the National Institute of Trial Advocacy.

“This is a problem used to train lawyers but these students are so darn smart they can wrap their arms around it, as you’ll see, and do a very good job,” Benson said.

The Plot Thickens

Based on their replies during voir dire, 8 of the 12 potential jurors were dismissed after both sides submitted their strikes to the judge to eliminate jurors. Four jurors, instead of the intended six, were selected.

Counsel for the plaintiff, Heather Scott, Dennis Tague and Jennifer Gerhard, and counsel for the defense, Bryan Johnson, Amanda Stephens and Christina Zuniga, set out prove their case.

Instead of performing scripted lines, each side devised a strategy. Witnesses learned the facts for their character. Those facts are revealed and exploited through direct examination, cross-examination, re-direct and re-cross.

“Witnesses have just as important [a] role as the attorneys,” Benson said. “They need to know their parts cold. There are no notes up here.”

No time limit was mentioned for lawyers to complete their examination. However, each side took an opportunity to object to additional re-cross on the grounds of an agreed upon time limit for cross-examination.

From the recognition of exhibits without disclosing the contents before they were entered into evidence, through series of questions to assign blame and contradicting expert witnesses, each assigning a monetary value to Potter’s loss, participants carried spectators through the drama of a courtroom trial.

“When the students leave this courtroom today, they will go through every phase of a jury trial; critical thinking is a huge part of this,” Benson said.

The Verdict

In the end, the mock trial presented itself as both dramatic and educational.

Witnesses dressed for their roles and performed according to the strategy laid out by their team. A safety vest worn by the crossing guard, the teddy bear carried by a 10-year-old witness and the uniform of the officer on the scene contributed to creating characters called to testify.

Questions and promptings from the presiding judge guided lawyers in adhering to courtroom procedure when the court was in the presence of the jury.

In addition to sharpening students’ thinking skills and helping students to better understand cases they read or hear about, Weber says participating in a mock trial helps them to make a decision.

“It really gives you a taste of, ‘Is this a calling for me or is it time to get off this train,’” Weber said. “It’s a very large project, but it gives practical value in a subject in a way that many projects are not able to do.”

Another benefit Benson identifies for students participating in a mock trial is increased participation in jury duty. With increased understanding and awareness, he says students can enjoy jury duty as well as critique the lawyers in the courtroom.

In this case of Potter v. Shrackle, the jury returned a decision in which both Katherine Potter and Charles Shrackle equally shared the fault in her accident and eventual death. Potter received nothing.

Beyond the Mock Trial

Both Benson and Weber encourage everyone to attend both mock and real trials so they can become more familiar with the legal process and become informed participants.

“I would invite people to watch mock trials if they have an opportunity,” Weber said. “And to watch real trials as well.”

“Go down and sit in a courtroom and watch a trial,” Benson said. “All our courtrooms are open to the public. … There’s a whole lot of men and women who died in order that we have trial by jury today. That’s why it’s so sacred. It’s very sacred to me that students understand it and go and participate. That’s what’s important.”