WEBVTT - Ep8: Standing on the Shoulders of Giants 0:00:00.440 --> 0:00:03.200 Class action is a production of I heart radio and 0:00:03.279 --> 0:00:09.039 sound argument. Thank you your type the fitting. You're the 0:00:09.080 --> 0:00:12.959 lead investigator of this murder. I was you'd agree that 0:00:13.000 --> 0:00:18.040 there are important parts of an investigation. Of course. Matt 0:00:18.079 --> 0:00:20.840 Skinner was in my trial ad class last spring, and 0:00:21.880 --> 0:00:24.680 when we got to cross examination weekn trial at he 0:00:24.800 --> 0:00:26.599 came in and said, I know that I can push this, 0:00:26.720 --> 0:00:29.120 but I don't know how. And that was the first 0:00:29.160 --> 0:00:30.600 time that a student had come to me outside of 0:00:30.640 --> 0:00:31.920 class and said, Hey, can you show me how to 0:00:31.920 --> 0:00:33.680 get to this higher level? I know there's something there, 0:00:33.720 --> 0:00:35.599 but what do I need to do? And he came 0:00:35.600 --> 0:00:38.040 into class that night with this cross examination that just 0:00:38.280 --> 0:00:44.279 utterly devastated the witness and was brutal. Now, let's talk 0:00:44.320 --> 0:00:49.360 about that you measured the crime scene. I did. The 0:00:49.400 --> 0:00:53.480 shooter was sixty five yards away from the deceased. Yes, 0:00:54.240 --> 0:00:58.600 you measured these distances with three ft wide steps? Did 0:00:59.440 --> 0:01:03.640 you didn't you use a tape measure? No? You didn't 0:01:03.720 --> 0:01:08.319 use a yardstick. You use nothing to provide a more 0:01:08.360 --> 0:01:13.240 accurate measurement. I use my three C gate to measure, 0:01:13.440 --> 0:01:16.560 and I think that's very accurate. Is it more accurate 0:01:17.760 --> 0:01:27.280 than a tape? Measure. No, no further question, Jarre, you're 0:01:27.319 --> 0:01:31.560 listening to class Action. We're back in South Dakota. It's 0:01:31.560 --> 0:01:35.160 getting colder outside, and the mock trial season is rolling on. 0:01:37.480 --> 0:01:48.600 This is episode eight, Standing on the shoulders of Giants. Matt, 0:01:48.720 --> 0:01:51.840 it was your debrief. Um, I felt good about it. 0:01:52.000 --> 0:01:54.520 I thought I did a good job. I think our 0:01:54.600 --> 0:01:58.080 argument works. I think it's in our favorite Recently, we 0:01:58.160 --> 0:02:01.440 spent a day with Matt Skinner, who's a standout intern 0:02:01.640 --> 0:02:05.120 at the Minnihaha County Public Defender's Office in Sioux Falls. 0:02:05.800 --> 0:02:08.280 Matt's a third year law student and is certified to 0:02:08.360 --> 0:02:12.239 conduct legal work in the state. Today, he's working with 0:02:12.280 --> 0:02:14.880 a client who claims that his rights were abused by 0:02:14.919 --> 0:02:18.040 the Sioux Falls Police Department during an arrest. And I'm 0:02:18.040 --> 0:02:19.880 like what And I opened the door and then like 0:02:19.960 --> 0:02:21.040 go out, and I say, how do you guys get 0:02:21.080 --> 0:02:23.960 in here? You know what this is. I was going 0:02:24.040 --> 0:02:27.400 to say something about that. So we can't take anything 0:02:27.440 --> 0:02:31.519 that he has to say with actual validity. Matt is 0:02:31.560 --> 0:02:34.680 a signed to work with Derrick Hoffman, himself a recent 0:02:34.760 --> 0:02:38.600 crowd and a former mock trial competitor. The two of 0:02:38.680 --> 0:02:41.480 them walk their client over to the County Courthouse, which 0:02:41.560 --> 0:02:44.400 is just two blocks away. Matt is going to cross 0:02:44.400 --> 0:02:48.400 examine the cops today. Okay, He's gonna pretty much do 0:02:48.480 --> 0:02:51.800 the whole thing. He's more than qualified. He's on trial team. 0:02:52.720 --> 0:02:55.240 It's the same thing. I mean, there's no difference. It's 0:02:55.240 --> 0:02:57.560 probably easier to cross exam a real cop than a 0:02:57.639 --> 0:03:01.560 fake cop because these real cops or duver. Then we'll 0:03:01.600 --> 0:03:07.200 debrief afterwards. I've always wanted to do defense work. I 0:03:07.280 --> 0:03:10.480 applied to the Public Defender's Office and they gave me 0:03:10.560 --> 0:03:14.040 a chance, and I really liked it. My name is 0:03:14.080 --> 0:03:17.760 Matthew Skinner Jr. And I'm a three L so. I 0:03:18.400 --> 0:03:22.600 am from the Oglala Suit trab. My dad is Matthew 0:03:22.639 --> 0:03:25.399 Skinner Senior. He's got a practice out in Rapid City 0:03:26.320 --> 0:03:29.880 and he has done criminal law since I was born. 0:03:30.200 --> 0:03:32.880 Got a trial coming up, and mom and dad would 0:03:32.880 --> 0:03:34.400 sit in the front seat talk about it, and I'd 0:03:34.440 --> 0:03:37.320 be in the back, leaning forward, trying to listen as 0:03:37.400 --> 0:03:40.200 much as I could. I'd say, I'm defense minded because 0:03:40.440 --> 0:03:44.160 of my dad. I love what he does. A lot 0:03:44.240 --> 0:03:46.880 of police officers that I've talked to have been like, well, 0:03:46.960 --> 0:03:49.200 you're just trying to get the bad guy away, and 0:03:49.280 --> 0:03:51.320 it's like, no, I'm trying to make sure you do 0:03:51.480 --> 0:03:54.200 your job. If you missed a step in your investigation, 0:03:55.000 --> 0:03:57.840 that should not affect this person. You need to do 0:03:57.960 --> 0:03:59.760 your job to the best of your ability, and I'm 0:03:59.760 --> 0:04:03.680 whole thing you accountable to that. Are you going to 0:04:03.760 --> 0:04:07.280 do the first I think you got it, dude, I 0:04:07.320 --> 0:04:09.440 don't know how to do that. I don't remember how 0:04:09.480 --> 0:04:14.080 to do it. Recollection back inside the law school building 0:04:14.120 --> 0:04:18.080 and for million students are in between classes, their workshopping 0:04:18.160 --> 0:04:28.440 their opening statements. Chector my computer like, yeah, oh wait, 0:04:28.480 --> 0:04:38.799 if sorry, maybe please the Court Council your honor. Today 0:04:39.040 --> 0:04:42.720 you're going to see a contrast between fantasy and reality. 0:04:44.960 --> 0:04:48.920 Tyler Velski is a second year law student. Today he's 0:04:48.960 --> 0:04:52.040 practicing with his trial team for its first competition of 0:04:52.160 --> 0:04:56.400 the season. The case is a fun fact pattern and 0:04:56.480 --> 0:05:00.080 it's a wrongful death. You see what tears families the 0:05:00.200 --> 0:05:02.719 part as they fight over money, and in this case, 0:05:02.760 --> 0:05:06.440 we got a million dollars of state and greed gets 0:05:06.520 --> 0:05:09.280 the best of people. Sometimes that's good advice on how 0:05:09.320 --> 0:05:11.480 to put that together. This is something that excites me. 0:05:12.200 --> 0:05:15.840 It's a lot of work, can be stressful, but that's 0:05:15.880 --> 0:05:19.200 what I want to do. And when people think of lawyers, 0:05:20.040 --> 0:05:22.400 when they think of the profession, they think about the trials. 0:05:22.520 --> 0:05:25.480 That's what makes the lawyers. It's a little bit of 0:05:25.520 --> 0:05:28.280 theater involved, and you get to show off a little bit, 0:05:29.400 --> 0:05:32.599 you know, the trial. That's kind of that's the pinnacle 0:05:32.640 --> 0:05:35.320 of practicing law. I think, you know, some people just 0:05:35.440 --> 0:05:38.039 want to sit in an office all day and open 0:05:38.120 --> 0:05:40.080 probates and look at the states and never see a 0:05:40.160 --> 0:05:46.240 court room. I would get bored after a while. As 0:05:46.279 --> 0:05:51.240 an overarching, really important statistic for today's discussion, I think 0:05:51.279 --> 0:05:55.240 it is worthwhile to keep in mind the higher rate 0:05:55.560 --> 0:06:01.320 of police killings in the United States versus other countries. 0:06:01.920 --> 0:06:04.920 We don't have a lot of data. My name is 0:06:04.960 --> 0:06:08.360 Greg Brazil. I'm an assistant professor at the University of 0:06:08.400 --> 0:06:10.960 South Dakota Law School, and the name of the class 0:06:11.160 --> 0:06:15.560 is Selected Issues in Criminal Law. So today we're turning 0:06:15.680 --> 0:06:19.680 to policing the Rise of the Warrior cop. I love 0:06:19.800 --> 0:06:22.880 teaching this class, even though it involves a lot of 0:06:23.000 --> 0:06:28.280 difficult conversations. I recently did that right along with the 0:06:28.360 --> 0:06:31.520 Vermilion Police Department, and it seemed like they are very 0:06:31.600 --> 0:06:35.560 much a community based Problem Solving Department. That being said, 0:06:35.960 --> 0:06:39.320 the State of South Dakota did offer a grant to 0:06:39.560 --> 0:06:44.440 the South Dakota d C Midwest Gang Investigators Association to 0:06:45.400 --> 0:06:49.400 have this event. It took place last year Sioux Falls, 0:06:49.839 --> 0:06:55.040 featuring Lieutenant Colonel Dave Grossman, the Killology Guy. Here is 0:06:55.880 --> 0:06:59.000 an extreme, but not a typical quote from the kind 0:06:59.040 --> 0:07:03.039 of presentation the Dave Grossman makes. We are at war 0:07:03.520 --> 0:07:05.839 and our cops are the frontline troops in that war. 0:07:06.400 --> 0:07:08.720 You are the delta force. It's your job to put 0:07:08.720 --> 0:07:11.280 a piece of steel in your fist and kill those 0:07:11.320 --> 0:07:13.280 sons of bitches when they come to kill our kids. 0:07:15.600 --> 0:07:19.119 The law students are confronting the rise and police militarization 0:07:19.560 --> 0:07:22.920 here in their own home communities. South Dakota has a 0:07:23.040 --> 0:07:27.880 strong tradition of politeness, respect, helping your neighbors. A lot 0:07:27.960 --> 0:07:30.680 of people don't even lock their doors at night, but 0:07:30.920 --> 0:07:34.760 these days the rhetorics says they're at war. Final word. 0:07:35.320 --> 0:07:37.280 I was in about seventh eighth grade when I had 0:07:37.360 --> 0:07:40.800 the SWAP raid my home at three in the morning 0:07:41.000 --> 0:07:44.960 looking for my brother who was already incarcerated. So you 0:07:45.040 --> 0:07:47.320 have seven to eight people coming in with their flashlights, 0:07:47.400 --> 0:07:49.680 they're extremely large guns. You know what I mean, Me 0:07:49.720 --> 0:07:51.440 and my little sister, my mom, and my dad, and 0:07:51.520 --> 0:07:53.400 you're looking for my brother. You're telling me you couldn't 0:07:53.440 --> 0:07:55.800 how much research? How much did you have to do 0:07:55.960 --> 0:07:57.640 to look and see that he was already locked up? 0:07:57.640 --> 0:07:59.760 Why are you looking for him in our house in 0:07:59.800 --> 0:08:02.000 the middle, You see what I'm saying. So that's where 0:08:02.320 --> 0:08:05.280 it's just like that distrust things like that where there 0:08:05.360 --> 0:08:07.040 has to be this I wouldn't say, like a bright 0:08:07.400 --> 0:08:10.200 line rule, where it's like, in these instances we need 0:08:10.280 --> 0:08:12.800 it and in these you can't. I just think it, 0:08:12.920 --> 0:08:16.560 really it creates a lot of distrust. Absolutely, thank you, 0:08:16.800 --> 0:08:19.080 thank you for sharing that this in one more comic, 0:08:19.760 --> 0:08:22.760 it's it's unreasonable. I mean, there are circumstances where we 0:08:22.840 --> 0:08:25.960 do need a strong police force, but there might get 0:08:26.000 --> 0:08:28.360 to a point and this is not far fetched where 0:08:28.400 --> 0:08:31.600 they are so where they is so powerful that we 0:08:31.720 --> 0:08:34.520 can't tell them no even if they're even if what 0:08:34.640 --> 0:08:38.200 they're doing is unjust Tyler, if you don't like something 0:08:38.280 --> 0:08:41.080 like burn, you know, it's politicians that put into place. 0:08:41.120 --> 0:08:43.199 So if you think we're you know, funding too much 0:08:43.280 --> 0:08:47.479 militarization and the police, who's putting in that place. Oftentimes 0:08:47.920 --> 0:08:51.719 it's the police officers who get blamed for carrying out 0:08:51.800 --> 0:08:55.000 these policies that are put in place by higher ups, 0:08:55.080 --> 0:08:58.480 and politicians make these decisions. So maybe, like you said, 0:08:58.520 --> 0:09:01.720 we can hold the politicians and kleable, you know exactly. 0:09:01.760 --> 0:09:05.520 And that trust issue has such huge consequences for crime. 0:09:05.640 --> 0:09:08.120 So if you're concerned about reducing crime, you have to 0:09:08.200 --> 0:09:10.400 care about trust. We'll talk about that when we do 0:09:10.520 --> 0:09:13.280 the Police Legitimacy Unit as well. All right, thanks everyone. 0:09:24.840 --> 0:09:28.240 Back in Sioux Falls, Matt Skinner is inside Courtroom number 0:09:28.320 --> 0:09:32.000 one defending his client. This is an actual case, not 0:09:32.600 --> 0:09:36.000 a mock trial. Today's appearance is a suppression hearing, and 0:09:36.080 --> 0:09:39.400 the d a's office objected to the presence of our microphones. 0:09:40.600 --> 0:09:43.679 Matt is questioning the procedures taken by two Sue Falls 0:09:43.760 --> 0:09:47.160 cops during the arrest of his client. It's a big 0:09:47.360 --> 0:09:50.800 assignment for an intern, a sign that the Public Defender's 0:09:50.880 --> 0:09:54.760 office has confidence in his abilities. I tell myself, like 0:09:55.920 --> 0:09:58.400 for this suppression all week as nearious for it obviously 0:09:58.520 --> 0:10:02.520 and straight. But the best way I can cope with 0:10:02.600 --> 0:10:05.839 that stress is telling myself all I have to do 0:10:06.080 --> 0:10:10.280 is my best because I am not the reason that 0:10:10.480 --> 0:10:12.959 this person is in court today. Whether they did it 0:10:13.080 --> 0:10:17.760 or not is of issue for a jury. The suppression 0:10:17.840 --> 0:10:21.319 hearing last about an hour. Matt checks in with his 0:10:21.440 --> 0:10:24.920 client in the hallway afterwards. I've never been a party 0:10:24.920 --> 0:10:26.480 any of that, so it was kind of interesting to 0:10:26.559 --> 0:10:28.800 watch how that absolutely goes down. You know, you can 0:10:29.240 --> 0:10:31.400 question the cops and see the cops nervous for once, 0:10:31.480 --> 0:10:35.520 you know, for letting me take the reins on that too. 0:10:35.559 --> 0:10:37.559 I appreciate it. It was a great learning experience to 0:10:37.600 --> 0:10:40.200 spend a lot of time with it, texting Derek random 0:10:40.640 --> 0:10:42.719 at random hours, Hey can you look this up for me? 0:10:44.200 --> 0:10:46.680 But I appreciate it, and I'll get with your office. 0:10:46.800 --> 0:10:50.319 And it's gonna be a busy day. So as soon 0:10:50.400 --> 0:10:52.800 as Matt gets a free minute, he calls his dad. 0:10:56.559 --> 0:11:00.439 Do you hear me? So it went well. They ended 0:11:00.480 --> 0:11:05.360 up calling um two of the three officers, right. The 0:11:05.520 --> 0:11:10.360 one officer was like newly a cop, so it felt 0:11:10.400 --> 0:11:13.920 like kind of like a showdown between the newby lawyer 0:11:14.000 --> 0:11:19.240 and the newby cop. But I got him to essentially 0:11:19.280 --> 0:11:21.880 admit that he never read Miranda and that he should have. 0:11:22.880 --> 0:11:25.120 Oh really. He admitted that but did he admit that 0:11:25.160 --> 0:11:27.559 he should have brought him. Yeah, he's like, I didn't, 0:11:27.600 --> 0:11:30.920 but I should have. That's that's a pretty good point. Yeah, 0:11:32.720 --> 0:11:35.319 it's hard to win those suppression earings, and he just 0:11:35.400 --> 0:11:37.640 gotta go for it, right, That's how you learn. That's 0:11:37.640 --> 0:11:40.200 how to get better. That's the fear is you don't 0:11:40.200 --> 0:11:43.160 want to look stupid. But all of us as attorneys 0:11:43.200 --> 0:11:46.400 have been there. So now I'm sure you're glad you 0:11:46.520 --> 0:11:49.360 did the whole thing that you did both of the cops. Yeah, 0:11:49.559 --> 0:11:51.719 I mean, oh yeah, for sure. I only did one 0:11:51.960 --> 0:11:57.840 stupid thing too. I didn't know how to basically questioned 0:11:57.880 --> 0:12:01.040 the cop about the impaired driver report, so I'm like 0:12:01.160 --> 0:12:03.199 standing there, I'm like, oh my god, I don't know 0:12:03.240 --> 0:12:05.959 what I'm doing. I had to call the attorney over 0:12:06.080 --> 0:12:08.560 to basically walk me through it while I was standing 0:12:08.640 --> 0:12:11.199 next to the cop. And now that you've done that, 0:12:11.360 --> 0:12:14.000 you know how to do it. We'll talk more about 0:12:14.040 --> 0:12:19.400 it at cabin week. Alright, you later, maybe tonight too. 0:12:19.800 --> 0:12:21.360 All right, I'll talk to you later. I love you, 0:12:21.800 --> 0:12:37.960 all right, love to later. So it's very interesting. Usually, Yeah, 0:12:38.040 --> 0:12:41.480 that's the thing in South Dakota. I've never I don't 0:12:41.559 --> 0:12:44.120 walk the house, so I keep my keys in the car. 0:12:46.880 --> 0:12:49.880 So right here, this is kind of what's famous and Vermilion. 0:12:50.880 --> 0:12:54.360 You have the Dakota Dome. This is where the football 0:12:54.440 --> 0:12:57.280 team plays. Well, yeah, this is kind of like the Jewel. 0:12:58.720 --> 0:13:01.120 Right now, let's happen. Let's see here, let's go right here. 0:13:01.600 --> 0:13:06.920 Oh oh, preseason scrimmon. Baby. I think that that's the 0:13:06.920 --> 0:13:11.679 football team of Kayons. We're at main Stream. That is 0:13:11.720 --> 0:13:15.160 where I get my haircut to Kyle barber shop. There's 0:13:15.200 --> 0:13:20.199 the Varsity Pub. My roommate, he's a lawyer. He practices 0:13:20.360 --> 0:13:28.480 right over there, carries that's the scholarly bar. That's where 0:13:28.520 --> 0:13:33.280 we have all our socials. Okay, here's our courthouse. They're 0:13:33.280 --> 0:13:35.440 talking about building a new one, but I don't think 0:13:35.520 --> 0:13:38.920 that's gonna taxpayers aren't gonna go for that. I don't 0:13:38.960 --> 0:13:44.320 think South Dakota has this notion of tough on crime, 0:13:44.920 --> 0:13:47.640 you know, lock him up. Well, you've got to take 0:13:47.679 --> 0:13:51.319 into account somebody's life story, their history, what they've been through, 0:13:51.480 --> 0:13:56.360 what's created them to be in that situation. And you know, 0:13:56.400 --> 0:13:58.640 I definitely see myself in that role kind of helping 0:13:58.640 --> 0:14:01.760 the underdog, and you know, just being as best advocate 0:14:02.600 --> 0:14:06.160 as I can for people that are, you know, kind 0:14:06.160 --> 0:14:09.680 of underdogs the society that have a mistrust of the system. 0:14:11.679 --> 0:14:15.440 So ver millions in the unique locations, so over past 0:14:15.520 --> 0:14:18.839 this river, then you're in Nebraska. I don't know what 0:14:19.000 --> 0:14:22.880 your stereotypes about South Dakota people are, but I've never hunted. 0:14:23.840 --> 0:14:30.040 I don't fish, I don't camp, I don't hike. Growing up, yeah, 0:14:30.200 --> 0:14:32.920 I came from an athlete family, so sports were important. 0:14:32.960 --> 0:14:39.240 And uh, I know about politics longs like a lot 0:14:39.280 --> 0:14:41.240 of these politicians. I'll tell you how they do it. 0:14:43.160 --> 0:14:48.160 I think exact what the culture. I'm not gonna put 0:14:48.200 --> 0:14:50.600 on a cowboy had or shoot a gun just for 0:14:50.760 --> 0:14:56.160 political votes. Well, I guess my situation in my hometown. 0:14:56.240 --> 0:14:58.840 Everybody in those up Native American because my dad and 0:14:58.920 --> 0:15:03.160 everything so traditionally though, like a lot of Native Americans, 0:15:04.520 --> 0:15:06.640 it's part of the old the old culture. You know, 0:15:06.680 --> 0:15:10.160 you the hunted buffalo on the prairie, first survival. I 0:15:10.240 --> 0:15:12.840 don't know. I just I never got into it because 0:15:12.880 --> 0:15:15.080 my thing was and you know, on a and the 0:15:15.200 --> 0:15:17.240 early part of November, the last thing I want to 0:15:17.320 --> 0:15:19.760 do is be in a field at seven o'clock in 0:15:19.840 --> 0:15:22.640 the morning when it's thirty two degrees out. You know 0:15:22.680 --> 0:15:42.720 what I mean? I see I came up. One of 0:15:42.760 --> 0:15:46.400 the calls I was on this week was recruiting candidates 0:15:46.440 --> 0:15:48.760 to run. I will tell you it, Tyler's name was 0:15:48.840 --> 0:15:51.680 brought up. And I have no doubt that if there's 0:15:51.680 --> 0:15:55.600 any candidate that if they want to rise up in 0:15:55.680 --> 0:15:59.040 the party and and give up of some of themselves 0:15:59.160 --> 0:16:01.800 to help others, this is the person that will do 0:16:01.960 --> 0:16:05.160 it well. My name is Dennis Olsen. I'm from here 0:16:05.240 --> 0:16:08.800 on South Dakota. I am the national committeeman for the 0:16:08.920 --> 0:16:13.200 South Dakota Democratic Party. Got the opportunity to join him 0:16:13.240 --> 0:16:16.840 and work with on his campaign. I did a lot 0:16:16.960 --> 0:16:22.760 of parades, homecoming parades, a couple of debates, and then 0:16:22.800 --> 0:16:24.760 a lot of campaigning door to door. So it's a 0:16:24.760 --> 0:16:29.400 lot of work in Tyler Vellski ran for state representative 0:16:29.760 --> 0:16:33.960 as a Democrat, following in his dad's footsteps of public service. 0:16:35.280 --> 0:16:38.600 What Tyler had where he was working for everybody. He 0:16:38.880 --> 0:16:43.760 will represent everybody and be a voice for everyone. There's 0:16:43.840 --> 0:16:48.160 individuals like Tyler in his age that are fired up 0:16:48.640 --> 0:16:51.800 and like Barack Obamas would say, and ready to go. 0:16:52.800 --> 0:16:57.760 They have the enthusiasm that's been missing. Dennis remembered to 0:16:57.800 --> 0:17:00.920 bring along some old campaign clips to play for Tyler. 0:17:01.800 --> 0:17:05.240 So what speeches this from? Is this? Is this from 0:17:05.320 --> 0:17:07.280 one of my speeches? Or do we write this out? 0:17:07.400 --> 0:17:11.720 I don't I don't know, I got I can't remember. 0:17:11.720 --> 0:17:13.680 It looks like there's two versions. I know I did 0:17:15.040 --> 0:17:17.320 right here. There's two, Well, there's two versions on My 0:17:17.440 --> 0:17:20.080 last version was the best, I think, But yeah, yeah, 0:17:20.160 --> 0:17:25.760 that's it. That's a good one here the day. I 0:17:25.880 --> 0:17:28.920 will say running for office as a first time cand 0:17:29.040 --> 0:17:31.119 I announced when I was twenty six years old, and 0:17:31.200 --> 0:17:34.560 it's been a very time stressful experience, but also very 0:17:34.800 --> 0:17:38.160 rewarding experience. It's been an honor, one of the most 0:17:38.200 --> 0:17:41.720 rewarding experiences of my life. Well, the second number one 0:17:41.840 --> 0:17:45.080 is coaching my baseball team. Always come first, always in 0:17:45.200 --> 0:17:47.320 my heart. Number one. But it's been a great journey 0:17:47.359 --> 0:17:50.280 and we're gonna finish off strong these next four days. Now, 0:17:50.600 --> 0:17:54.120 we're gonna get a big victory. On November six. November six, 0:17:55.560 --> 0:17:58.880 Tyler ran as a Democrat in a majority Republican district. 0:17:59.400 --> 0:18:02.160 He went to door two door and pulled votes from 0:18:02.200 --> 0:18:08.320 the incumbents. Even though we didn't win. We overperformed based 0:18:08.359 --> 0:18:10.840 on the voting registration. But when I got out of there, 0:18:11.600 --> 0:18:15.240 I said, this isn't the end of it. This we're 0:18:15.280 --> 0:18:17.399 just getting started here. It's just a matter when we 0:18:17.440 --> 0:18:21.639 get that next opportunity. Tyler Velski still has that fire 0:18:21.680 --> 0:18:24.840 in the belly to get out and help the Democratic Party, 0:18:25.240 --> 0:18:29.159 the party of working people, of diversity, the party that 0:18:29.280 --> 0:18:33.080 tries to include everybody under its big tent a little 0:18:33.080 --> 0:18:35.960 bit about running for office has been a very rewarding 0:18:36.000 --> 0:18:39.040 and a very humbling journey. I see some of all 0:18:39.119 --> 0:18:42.200 these beautiful letters that many of you have written about me, 0:18:42.320 --> 0:18:44.680 all the frang words are you written about me? And 0:18:44.720 --> 0:18:47.800 I think to myself, what are they talking about? But 0:18:48.359 --> 0:18:51.840 it's been a great journey, and we gotta keep it going. 0:18:53.040 --> 0:18:55.440 We everything running. We we you can get your dad's 0:18:55.480 --> 0:18:59.879 old district band and so turned about Democrat Shane put 0:19:00.400 --> 0:19:02.280 food on the table. I mean, we have people are 0:19:02.280 --> 0:19:04.720 working two and three jobs just trying to make it okay. 0:19:05.440 --> 0:19:08.199 That's why we got fire in the belly for Democrats 0:19:08.480 --> 0:19:11.119 to get involved and do the thing. You don't know 0:19:11.240 --> 0:19:13.440 what's going to happen in the future. That's one thing 0:19:14.600 --> 0:19:18.239 that I've learned sometimes you take a detour, but if 0:19:18.280 --> 0:19:22.920 you have that goal, no matter what detour you take, 0:19:23.000 --> 0:19:25.480 the path will always lead you back there if you 0:19:25.600 --> 0:19:33.280 want it. How do you feel wearing a suit? I 0:19:33.400 --> 0:19:35.720 like it. I like dressing. That's one of the things 0:19:35.800 --> 0:19:38.600 I enjoy about the legal profession. You get to look 0:19:38.680 --> 0:19:42.440 nice and more as suit Tyler has finally arrived at 0:19:42.600 --> 0:19:46.119 his big moment, his first appearance at a mock trial. 0:19:47.000 --> 0:19:49.080 It just gives you a little edge, a little confidence, 0:19:49.560 --> 0:19:51.680 and people treat you different. When I'm walking to the 0:19:51.720 --> 0:19:55.480 gas station today, everybody opens the door and says, hi, sir, 0:19:55.600 --> 0:19:57.480 how you doing more? Normally I don't get that kind 0:19:57.480 --> 0:20:04.560 of treatment. Yeah, but once inside the court room, that 0:20:04.800 --> 0:20:08.720 suave outward appearance starts to give way to nervous tension. 0:20:09.480 --> 0:20:13.440 Can you want to turn that down? Oh? Wait, no, 0:20:14.160 --> 0:20:16.919 office right? Like I said, I just want to hit 0:20:17.000 --> 0:20:20.160 the care for Grandma gambling. Try to get that search 0:20:20.280 --> 0:20:23.080 history in. If not, I'll finish with a few follow 0:20:23.160 --> 0:20:26.200 up questions and then we'll move on Jason. That should 0:20:26.200 --> 0:20:30.320 be pretty straightforward, and I guess where we're at on time. 0:20:30.600 --> 0:20:33.320 Might term whether I redirect, although it's probably not be 0:20:33.520 --> 0:20:38.359 too long. So here's here's the mentality and redirect. If 0:20:38.440 --> 0:20:42.160 you think it was super damning that they brought something 0:20:42.280 --> 0:20:44.920 up that you need to address in out for questions, 0:20:45.480 --> 0:20:55.399 right and Mr Miller and Mr Bell, we're ready whenever 0:20:55.440 --> 0:21:02.280 you are. May it please the Court council, members of 0:21:02.359 --> 0:21:05.400 the jury, the case before you today. It comes down 0:21:05.440 --> 0:21:10.520 to fact versus fiction, the factual reality that Jace Billington 0:21:10.880 --> 0:21:14.840 experienced every single day that he lived with his grandmother 0:21:15.200 --> 0:21:21.360 caring for, and the fictional fantasy of his younger sister Parker. 0:21:22.320 --> 0:21:25.960 Members of the jury, my name is Tyler Veleski, along 0:21:26.000 --> 0:21:29.560 with my co council Mr Miller Dylan Miller. Over the 0:21:29.640 --> 0:21:33.040 course the team battles for position in the case. But 0:21:33.240 --> 0:21:39.040 calling of exhibits online, it's a technological nightmare. I have 0:21:39.160 --> 0:21:42.080 to put exhibits on there through the computer, and I 0:21:42.480 --> 0:21:46.560 just learned how to like share that last night. Then, 0:21:47.040 --> 0:21:50.480 under the judge's watchful eye, one of the witnesses throws 0:21:50.560 --> 0:21:55.000 them a curve off. Hello, miss Billington's can you please 0:21:55.040 --> 0:22:00.159 introduce yourself to the jury. I don't know if we 0:22:00.240 --> 0:22:07.960 have are I don't know if we have our witness 0:22:13.960 --> 0:22:21.200 She was our assigned winness. She's from Hostra. Yes, our 0:22:21.280 --> 0:22:25.080 witness did not show up right away, so I was 0:22:25.160 --> 0:22:29.640 supposed to do direct examination right away during our case 0:22:29.720 --> 0:22:35.400 in chief, and I called the witness and our witness 0:22:35.520 --> 0:22:39.639 was not there, so we had to move ahead and 0:22:39.720 --> 0:22:44.600 do Dylan's part first. And I was like, Oh, this 0:22:44.720 --> 0:22:47.040 could be bad. We don't have our witness here. That's 0:22:47.040 --> 0:22:54.000 gonna look really bad for the schools. Fine, make you're 0:22:54.080 --> 0:22:57.680 john ally really appreciative youthing. As soon as the trial 0:22:57.840 --> 0:23:08.840 comes to a close, Tyler calls he's dad for some perspective. Anybody, Hey, 0:23:08.880 --> 0:23:11.960 how's it going good? I wanted to talk to you 0:23:12.000 --> 0:23:15.800 about what went down to day. I had the trial 0:23:16.320 --> 0:23:19.680 and I absolutely killed it and I got the Best 0:23:19.800 --> 0:23:24.920 Opening Award. Now I'm just kidding. Actually it was disappointing 0:23:24.960 --> 0:23:27.520 the day anyway. We were set to go at one 0:23:27.560 --> 0:23:31.040 o'clock and they switched the bracket up on us. We 0:23:31.080 --> 0:23:34.040 don't know exactly how it was going. We were supposed 0:23:34.080 --> 0:23:37.399 to go twice and then the top team's advanced to 0:23:37.560 --> 0:23:41.320 the finals. But I don't know either. They switched up 0:23:41.359 --> 0:23:45.600 the bracket, but regardless, we're not going today. What was 0:23:45.680 --> 0:23:48.560 your first trial, like, what was your experience. Like with that, 0:23:49.480 --> 0:23:53.320 I adn't good experience. I was well prepared. It's like 0:23:53.440 --> 0:23:58.680 anything of life. If you're prepared, you're gonna handle. See, 0:23:58.720 --> 0:24:01.919 this is script experience for you for the real world 0:24:02.840 --> 0:24:06.879 because you're preparing for trial right now. Hopefully we go 0:24:07.080 --> 0:24:10.920 if not any other last words of advice advice, just 0:24:11.200 --> 0:24:16.320 to say, Tyler, I love you. You really have that 0:24:16.720 --> 0:24:23.560 natural gift of communication. You don't learn that books. It's 0:24:23.600 --> 0:24:27.159 just something you're kind of born with, and you were 0:24:27.200 --> 0:24:30.920 born with it, and you always strive for it, and 0:24:31.040 --> 0:24:33.879 you've got it. You've got the in fact, your buddy, 0:24:35.000 --> 0:24:50.919 all right, talk to you later. So let's look at 0:24:50.960 --> 0:24:55.520 adoptive couple versus baby girl, which seems like it's in 0:24:55.720 --> 0:24:59.520 serious tension with holy Field and a couple of different ways. 0:25:00.320 --> 0:25:03.159 So we'll pull that apart a bit. So Professor and 0:25:03.400 --> 0:25:07.000 Tweetie teaches the Indian Law class. South Dakota was one 0:25:07.040 --> 0:25:09.560 of the first states to put an Indian law question 0:25:09.960 --> 0:25:13.480 on its bar. Example differently by many people, but it 0:25:13.640 --> 0:25:16.040 was certainly is for the benefit of tribes, and so 0:25:16.760 --> 0:25:20.120 ambiguities are to be resolved in favor of the tribe. 0:25:20.320 --> 0:25:24.760 Statutes are to be liberally. Today, they're tackling a major controversy, 0:25:24.960 --> 0:25:28.200 a case that's actually headed to the United States Supreme Court. 0:25:29.119 --> 0:25:31.800 Earlier this week, the Fifth Circuit Court of Appeals released 0:25:31.840 --> 0:25:35.680 an extensive opinion on the Indian Child Welfare Act. Lawyers 0:25:35.720 --> 0:25:39.480 immediately started to examine its potential effect on legal processes 0:25:39.800 --> 0:25:42.680 in place for more than forty years. An attorney with 0:25:42.760 --> 0:25:45.200 the American Civil Liberties Unions as much of the law 0:25:45.240 --> 0:25:49.760 still stands, but some important protections have been found unconstitutional. 0:25:51.960 --> 0:25:54.960 The Indian Child Welfare Act, which we also referred to 0:25:55.119 --> 0:25:59.199 as Equal, was passed in ninety eight. Native children were 0:25:59.280 --> 0:26:03.000 being removed, moved by state social service workers and placed 0:26:03.040 --> 0:26:05.879 with non Indian families. And there were some studies that 0:26:06.000 --> 0:26:10.640 revealed these hugely disparate problems with Native children being removed, 0:26:10.720 --> 0:26:14.440 and so Equal was supposed to remedy that, and so 0:26:14.640 --> 0:26:18.760