Tuesday, February 5, 2013

Mock Trial

As I sit here, looking at the blank screen, an idea comes to me. Why don't I post my opening statement that I gave for mock trial? People might find it interesting! Wait, but maybe I shouldn't. I mean, who really like mock trial outside of those who participate?

Oh well, I'm posting it anyway.


May it please the court, Your Honors, opposing council, members of the jury. In life, there are many choices. No matter the choice, it always affects someone in either a positive or negative way. In the early morning hours of May 21st 2012, Dustin Beaver made a choice, to drink and drive, that negatively affected Freddie Ferris.

On May 20th of 2012, it was prom night for Liberty High School. Starting at 8 pm., the students had a great time, dancing the night away. When it ended at 11:30, the students could go from Liberty Catering to the Liberty High School Gym, where the parents chaperoned an “after prom” party. Many students chose not to go, Dustin Beaver and his friends included. These seven students, Lee and Lauri Lincoln, Alex Alvaro, Rene(e) Robbins, Pat Painter, Janet Johnson, and Dustin Beaver instead went to Shelly Beach Marina. They went out in 2 boats, one owned by Mr. Beaver and one owned by Alex Alvaro. The students anchored out on the St. Croix River, drinking, talking, and having a good time. After a while, Rene(e) Robbins suggested to go tubing, so Alex Alvaro hitched two tubes to the back of his boat. These two boats started speeding down the river. Dustin yelled to Alex "Let's take it to the bridge!" and began to head towards Railroad Bridge. Freddie Ferris, a sophomore, and his friends were swimming in the area by Point Douglas Beach, near Railroad Bridge. He went missing after the boats driven by Dustin Beaver and Alex Alvaro drove past the area. He was found dead after 4 days. The evidence will show that the cause of death, blunt force trauma, along with the injuries sustained on Mr. Ferris' person are consistent with being hit by a boat. Mr. Beaver stands trial as an adult, as determined by a Lakota Grand Jury. Mr. Beaver's charges are Aggravated Manslaughter in the First Degree and Death by Vehicular Homicide in the Second Degree.

Your Honors, today the prosecution bears the burden of proof. We must prove to you today,
without a reasonable doubt, that Dustin Beaver is guilty of both charges. Which means that, when we're all done here today, you will be able to make a sound decision in our favor, without valid reasoning against our accusations. For Aggravated Manslaughter, we must prove to you that Dustin Beaver recklessly caused the death of Freddie Ferris and did so under circumstances manifesting extreme indifference to human life. For Death by Vehicular Homicide, we must prove to you that Dustin Beaver caused the death of Freddie Ferris by recklessly operating a vessel. This will not be a difficult task to accomplish.

To help prove our case, we will call Detective Eric Evans, Lee Lincoln, and Dr. Shelly Storm. Detective Evans will testify that the younger a person is, there is an increased likelihood of an accident, Freddie Ferris and his friends, who were swimming, were screaming, and finally, that the cause of death of Freddie Ferris and his injuries are consistent with being hit by a boat. Mr/Ms. Lincoln will testify today that Mr. Beaver was drinking a large amount, he was driving recklessly, and finally that Mr. Beaver did not care that he may have hit a swimmer.
Dr. Storm will testify that s/he reviewed the affidavits of Lee Lincoln, Alex Alvaro, Rene(e) Robbins, and spoke with Detective Evans, created a toxicology report that showed Mr. Beaver's BAC was 0.08% or above, and finally that gradual variations in drinking habits are insignificant.

In life, there are many choices. No matter the choice, it always affects someone in either a positive or negative way. In the early morning hours of May 21st, 2012, Dustin Beaver made a choice, to drink and drive, that negatively affected Freddie Ferris. I ask the members of the jury to find Mr. Beaver guilty of Aggravated Manslaughter in the First Degree and Vehicular Homicide in the Second Degree. 

Publisher's Note: I did copy and paste this from the original document I typed. Enjoy!