1 00:00:01,120 --> 00:00:03,880 Speaker 1: Class Action is a production of I Heart Radio and 2 00:00:03,960 --> 00:00:09,399 Speaker 1: Sound Argument. To give you a little background on South 3 00:00:09,480 --> 00:00:12,760 Speaker 1: Dakota geography, you have what you call about two urban areas. 4 00:00:13,320 --> 00:00:16,840 Speaker 1: Sioux Falls. You've been the Sioux Falls. That's the big city. 5 00:00:16,920 --> 00:00:19,840 Speaker 1: It's a small city or a big town, but it's 6 00:00:19,880 --> 00:00:23,000 Speaker 1: the big urban area of South Dakota. That's where about 7 00:00:23,000 --> 00:00:26,280 Speaker 1: a quarter of the population is. And then out west 8 00:00:26,320 --> 00:00:31,960 Speaker 1: you have Rapid City that's about eighty people. I grew 9 00:00:32,040 --> 00:00:34,880 Speaker 1: up in Rep City, South Dakota. It was nice. It 10 00:00:35,760 --> 00:00:39,040 Speaker 1: was pretty relaxed. Not a lot went on, so I 11 00:00:39,080 --> 00:00:40,720 Speaker 1: don't mean to make it sound like it was boring, 12 00:00:40,920 --> 00:00:45,720 Speaker 1: but it was definitely very yeah, just very relaxed. My 13 00:00:45,840 --> 00:00:48,920 Speaker 1: dad is the general manager for RDIO Equipment, which is 14 00:00:48,920 --> 00:00:52,960 Speaker 1: a John Deer dealership, and my mom drives school buses 15 00:00:53,000 --> 00:00:55,639 Speaker 1: for the Rep City School system. But she's done a 16 00:00:55,640 --> 00:00:58,480 Speaker 1: ton of stuff throughout her life. I grew up in 17 00:00:58,520 --> 00:01:01,480 Speaker 1: a family of five, my mom and my dad, and 18 00:01:01,560 --> 00:01:04,120 Speaker 1: I have an older sister who's thirty and a younger 19 00:01:04,160 --> 00:01:07,920 Speaker 1: brother who just turned twenty two. I'm the oldest of 20 00:01:08,280 --> 00:01:11,880 Speaker 1: nine children, so I have eight younger siblings, and I've 21 00:01:11,920 --> 00:01:17,520 Speaker 1: always had this role model slash lookout for them, and 22 00:01:17,600 --> 00:01:19,800 Speaker 1: I want to make sure that they're okay in life 23 00:01:20,319 --> 00:01:22,840 Speaker 1: and that they're doing the right things. So by being 24 00:01:22,880 --> 00:01:24,720 Speaker 1: a lawyer, I can apply that to other people. I 25 00:01:24,760 --> 00:01:29,319 Speaker 1: can look out for other people. But the cultural divide 26 00:01:29,360 --> 00:01:33,840 Speaker 1: in South Dakota is like East River West River. That's 27 00:01:33,880 --> 00:01:38,160 Speaker 1: more ranching out there to seem more like cowboy hats 28 00:01:38,200 --> 00:01:41,480 Speaker 1: and that kind of stuff. We're here it's more farming, 29 00:01:42,560 --> 00:01:46,040 Speaker 1: so it's a little bit different culture. I mean, where 30 00:01:46,080 --> 00:01:49,440 Speaker 1: I'm from, it's considered one of the big towns. You 31 00:01:49,520 --> 00:01:53,120 Speaker 1: got about, you know, seven eight towns within that fifteen 32 00:01:53,200 --> 00:01:59,040 Speaker 1: to twenty thousand, and then every place else is pretty ruled. 33 00:02:00,400 --> 00:02:03,760 Speaker 1: I'm a listener as opposed to being the first to speak. 34 00:02:04,400 --> 00:02:07,040 Speaker 1: I think people talk too much sometimes, and I think 35 00:02:07,040 --> 00:02:08,840 Speaker 1: we miss a lot of stuff and we're talking, so 36 00:02:08,880 --> 00:02:11,920 Speaker 1: I'd kind of rather listen and take everything in and 37 00:02:11,960 --> 00:02:17,040 Speaker 1: then then add in an opinion. I'm a first generation lawyer, 38 00:02:17,080 --> 00:02:19,280 Speaker 1: so no and my family has gone to law school, 39 00:02:19,360 --> 00:02:22,079 Speaker 1: so this has been a fun kind of new adventure 40 00:02:22,160 --> 00:02:26,120 Speaker 1: for all of us. I guess I'm also Catholic, and 41 00:02:26,240 --> 00:02:28,639 Speaker 1: I am really involved in my faith. I think it's 42 00:02:28,639 --> 00:02:33,160 Speaker 1: important to do that work through the criminal justice system. 43 00:02:33,280 --> 00:02:36,760 Speaker 1: And also I'm Native American and here in South Dakota 44 00:02:36,880 --> 00:02:39,880 Speaker 1: there's a lot of issues, especially on the western side 45 00:02:39,919 --> 00:02:45,120 Speaker 1: of the state, with Native Americans and their treatment over 46 00:02:45,160 --> 00:02:49,440 Speaker 1: the years and their problems that they struggle with. My 47 00:02:49,639 --> 00:02:53,160 Speaker 1: parents had to see a bankruptcy lawyer at one point 48 00:02:53,320 --> 00:02:57,440 Speaker 1: and ultimately saved their house. So that's something that really 49 00:02:57,440 --> 00:03:01,320 Speaker 1: stuck with me when I was pretty young. So I 50 00:03:01,360 --> 00:03:04,560 Speaker 1: started working when I was as soon as I can 51 00:03:04,639 --> 00:03:08,720 Speaker 1: apply for a work license in Iowa. I started off 52 00:03:08,760 --> 00:03:13,000 Speaker 1: by a detasseling corn. I did that every summer until 53 00:03:13,000 --> 00:03:16,200 Speaker 1: I was old enough to get an actual job. Then 54 00:03:16,200 --> 00:03:18,840 Speaker 1: you've got Vermillion here. It's about ten thousand people, but 55 00:03:20,040 --> 00:03:22,280 Speaker 1: Vermilion it's pretty much just a college town. I think 56 00:03:22,320 --> 00:03:28,120 Speaker 1: the population doubles when the college gets here. So I 57 00:03:28,200 --> 00:03:30,960 Speaker 1: went to undergrad at the University of South Dakota. So 58 00:03:31,000 --> 00:03:32,560 Speaker 1: by the time all of a sudden done, I have 59 00:03:32,600 --> 00:03:35,440 Speaker 1: spent seven years in this town and on this campus, 60 00:03:36,200 --> 00:03:39,560 Speaker 1: and I can't tell you how much I'm dreading leaving Vermillion. 61 00:03:39,640 --> 00:03:44,240 Speaker 1: It has truly become home. I mean South Dakota culture 62 00:03:44,240 --> 00:03:48,200 Speaker 1: in general. People are nice, they're reserved. You don't see 63 00:03:48,200 --> 00:03:51,600 Speaker 1: a ton of characters are big, colorful personalities like you 64 00:03:51,680 --> 00:03:55,800 Speaker 1: do in the city. Yeah, they're very conservative. People don't 65 00:03:55,800 --> 00:03:58,640 Speaker 1: have the most open minded world view generally because it's 66 00:03:58,640 --> 00:04:00,640 Speaker 1: a small state. You're not a round a lot. But 67 00:04:00,680 --> 00:04:04,480 Speaker 1: I think people have good intentions here. They're good people. 68 00:04:05,800 --> 00:04:07,920 Speaker 1: I mean, nobody's really going to spin in your face 69 00:04:07,960 --> 00:04:14,840 Speaker 1: and slam the door on you. We are the state's 70 00:04:14,920 --> 00:04:19,159 Speaker 1: law school. Laura Rose, the feisty University of South Dakota coach, 71 00:04:19,440 --> 00:04:23,360 Speaker 1: has already uploaded the fact pattern to her entire team. 72 00:04:23,400 --> 00:04:25,000 Speaker 1: There was a quote that my dad used to use 73 00:04:25,000 --> 00:04:27,280 Speaker 1: at Stetson when he was running their program. He used 74 00:04:27,320 --> 00:04:29,120 Speaker 1: to tell people that when I send you out to 75 00:04:29,200 --> 00:04:31,680 Speaker 1: a competition, I am putting the reputation of my school 76 00:04:32,000 --> 00:04:36,400 Speaker 1: in your hands. If you drop the reputation in my school, 77 00:04:36,440 --> 00:04:37,800 Speaker 1: I will cut your hands off. Now he can get 78 00:04:37,839 --> 00:04:39,839 Speaker 1: away with that because he's a twenty two year military veteran. 79 00:04:40,240 --> 00:04:43,240 Speaker 1: Law school mock trial season it's like a hurricane and 80 00:04:43,320 --> 00:04:46,640 Speaker 1: it's fast approaching. Here's the deal. I'm not going to 81 00:04:46,720 --> 00:04:48,440 Speaker 1: cut your hands off, but we're gonna have to talk. 82 00:04:49,000 --> 00:04:52,760 Speaker 1: Tryouts are over, the team is hand picked. Classes are 83 00:04:52,839 --> 00:04:56,599 Speaker 1: already in full swing. The law school grind. It's on, 84 00:04:57,080 --> 00:04:59,880 Speaker 1: but you're in a competition setting. There is no time 85 00:05:00,000 --> 00:05:04,000 Speaker 1: to be Midwest night. I love South Dakota, Nicce and 86 00:05:04,040 --> 00:05:06,599 Speaker 1: Midwest nights. One of my favorite things about this area 87 00:05:06,640 --> 00:05:08,360 Speaker 1: of the country is how polite people are and how 88 00:05:08,400 --> 00:05:10,599 Speaker 1: much people care about other people. But you know where 89 00:05:10,600 --> 00:05:12,920 Speaker 1: it doesn't have a place in a courtroom. We're here 90 00:05:12,920 --> 00:05:15,080 Speaker 1: to argue. We're here to argue about facts. You are 91 00:05:15,120 --> 00:05:17,000 Speaker 1: not my friend, you're not my enemy. I don't have 92 00:05:17,120 --> 00:05:21,359 Speaker 1: to cut your throat precisely most of them. Dozens of 93 00:05:21,400 --> 00:05:25,680 Speaker 1: schools around the country are preparing for the fall invitational tournaments, 94 00:05:25,920 --> 00:05:28,520 Speaker 1: were second and third year law students get a chance 95 00:05:28,560 --> 00:05:32,480 Speaker 1: to compete before the big national competition start in the spring. 96 00:05:33,320 --> 00:05:35,120 Speaker 1: But I do have to make sure that you're following 97 00:05:35,120 --> 00:05:37,000 Speaker 1: through with what it is that I need done. And 98 00:05:37,040 --> 00:05:38,640 Speaker 1: I do have to make sure that you're complying with 99 00:05:38,680 --> 00:05:40,279 Speaker 1: the rules, and I do have to make sure that 100 00:05:40,320 --> 00:05:42,880 Speaker 1: I am not in an attempt to be kind and 101 00:05:42,920 --> 00:05:48,440 Speaker 1: to be polite, actually giving away points of argumentation. I'm 102 00:05:48,520 --> 00:06:07,440 Speaker 1: Katie Fang, and this is Class Action Episode three, Mob 103 00:06:07,560 --> 00:06:11,599 Speaker 1: Hits and the H E. B. Tyler. You look confused, 104 00:06:11,600 --> 00:06:15,279 Speaker 1: what's up? It's eight am, and everyone is working together 105 00:06:15,400 --> 00:06:19,560 Speaker 1: to build an air tight case. Picture an old fashioned 106 00:06:19,560 --> 00:06:22,920 Speaker 1: barn raising on the prairie. Only this barn is called 107 00:06:22,960 --> 00:06:29,800 Speaker 1: together with arguments and legal strategy. Nicky owed two dollars. 108 00:06:30,640 --> 00:06:33,279 Speaker 1: Nick's a bad guy, he's a drug user, a lot 109 00:06:33,279 --> 00:06:35,880 Speaker 1: of problems that you can attack his credibility. And then 110 00:06:35,880 --> 00:06:38,880 Speaker 1: you also got the bartender who's a good witness. He's 111 00:06:39,000 --> 00:06:41,679 Speaker 1: lost doing a very credible kid, and he was saying 112 00:06:41,720 --> 00:06:45,479 Speaker 1: Tommy is peaceful. Tommy's a very peaceful guy and he's generous. 113 00:06:45,720 --> 00:06:48,480 Speaker 1: Oh three, you all made faces when he said the 114 00:06:48,480 --> 00:06:50,960 Speaker 1: word peaceful. Why did we make faces? Justin? Did you 115 00:06:50,960 --> 00:06:53,159 Speaker 1: say peaceful in your opening? What have you done? You've 116 00:06:53,200 --> 00:06:56,760 Speaker 1: opened the door to character evidence, character evidence, but you 117 00:06:56,800 --> 00:06:58,320 Speaker 1: don't know it because you're a baby too, all right. 118 00:06:58,720 --> 00:07:01,160 Speaker 1: If you get a criminal fact pack, there is an 119 00:07:01,200 --> 00:07:05,440 Speaker 1: instinctive desire to start to humanize your client, which you 120 00:07:05,520 --> 00:07:07,760 Speaker 1: can do. But you've got to watch the adjectives because 121 00:07:07,800 --> 00:07:10,520 Speaker 1: if I say he's peaceful, and if there's any evidence 122 00:07:10,560 --> 00:07:12,920 Speaker 1: that he's not, what am I doing? I am giving 123 00:07:12,960 --> 00:07:15,200 Speaker 1: the state attorney the moment. I am giving brain in 124 00:07:15,200 --> 00:07:18,080 Speaker 1: the moment to get up and go Hey, you just 125 00:07:18,160 --> 00:07:20,480 Speaker 1: said that you love peace and love. It all happens 126 00:07:20,480 --> 00:07:22,680 Speaker 1: if you were in the freaking mob. You were you 127 00:07:22,800 --> 00:07:25,080 Speaker 1: you were doing this right, you were with these people, 128 00:07:25,120 --> 00:07:30,040 Speaker 1: you were doing this. You're giving the opportunity to pounce. Yeah, 129 00:07:31,560 --> 00:07:34,400 Speaker 1: that's the business he was in. So he's he's not 130 00:07:34,440 --> 00:07:36,360 Speaker 1: gonna go full wive guy. He's not going to be 131 00:07:36,360 --> 00:07:37,880 Speaker 1: a made man. He's not going to burn the car 132 00:07:37,920 --> 00:07:41,480 Speaker 1: to the saint in his hands. Case file Commonwealth versus 133 00:07:41,640 --> 00:07:45,320 Speaker 1: Santa Suso a mock trial case torn out of the 134 00:07:45,360 --> 00:07:49,320 Speaker 1: script of a Grizzly mafia murder story. It's a movie 135 00:07:49,320 --> 00:07:53,720 Speaker 1: plot and one you may be familiar with. I've always 136 00:07:53,720 --> 00:07:56,280 Speaker 1: wanted to do a mob case and there's not really been, 137 00:07:56,680 --> 00:07:59,160 Speaker 1: ever been one that's done at any level of mock trial. 138 00:08:00,280 --> 00:08:03,480 Speaker 1: My name is Philip Pascua alo Um, the trial competition 139 00:08:03,520 --> 00:08:06,600 Speaker 1: director at the Director University Thomas Arkline School of Law 140 00:08:06,600 --> 00:08:10,239 Speaker 1: and the tournament director for the Battle of the Experts. 141 00:08:10,240 --> 00:08:13,280 Speaker 1: So the Battle of the Experts is a national mock 142 00:08:13,360 --> 00:08:18,560 Speaker 1: trial competition where sixteen law schools compete to be the 143 00:08:18,680 --> 00:08:22,280 Speaker 1: national champion of the Battle of the Experts. So this 144 00:08:22,400 --> 00:08:25,440 Speaker 1: Fear's case is loosely based on the plot of good films, 145 00:08:25,840 --> 00:08:28,360 Speaker 1: change the names of the characters and then their stories 146 00:08:28,560 --> 00:08:30,400 Speaker 1: is slightly different than what you'd see in the movie. 147 00:08:30,400 --> 00:08:33,280 Speaker 1: For lots of reasons. I hope not on one we're 148 00:08:33,320 --> 00:08:35,240 Speaker 1: going to clear there. I think Marty's got bigger things 149 00:08:35,280 --> 00:08:36,800 Speaker 1: to do and then and then read our case file. 150 00:08:36,840 --> 00:08:38,280 Speaker 1: But I hope he reads it. That would be excellent. 151 00:08:39,040 --> 00:08:41,800 Speaker 1: There's a classic scene where the character played by Joe 152 00:08:41,840 --> 00:08:45,880 Speaker 1: Pesci is insulted in a bar and he and the 153 00:08:45,960 --> 00:08:49,840 Speaker 1: character played by Radiota killed that person killed. That character. 154 00:08:50,240 --> 00:08:56,839 Speaker 1: Character's name is Billy Batts. It's still my favorite mob 155 00:08:56,920 --> 00:09:01,280 Speaker 1: movie for sure. Nothing has come close. My name is Elijnig. 156 00:09:01,320 --> 00:09:04,480 Speaker 1: I spent fourteen years as a prosecutor, but yes, I 157 00:09:04,559 --> 00:09:07,360 Speaker 1: spent most of my career in the Southern District of 158 00:09:07,400 --> 00:09:11,680 Speaker 1: New York indicting, prosecuting, and trying real life New York 159 00:09:11,760 --> 00:09:16,760 Speaker 1: City mobsters. That is a great murder scenario for a 160 00:09:16,800 --> 00:09:21,280 Speaker 1: mock trial, because it's not your obvious, premeditated murder that 161 00:09:21,440 --> 00:09:23,880 Speaker 1: was not supposed to happen. When they're done beating him 162 00:09:23,880 --> 00:09:27,040 Speaker 1: to death, I think the de Niro character sort of 163 00:09:27,080 --> 00:09:30,560 Speaker 1: says to the Pesci character, would you do I think 164 00:09:30,559 --> 00:09:32,880 Speaker 1: that's a great scenario because then you have to argue 165 00:09:32,880 --> 00:09:36,760 Speaker 1: things like intent and premeditation and what degree of murder 166 00:09:36,800 --> 00:09:39,240 Speaker 1: are we in here? Is it manslaughter? Is it murder? 167 00:09:39,559 --> 00:09:42,079 Speaker 1: So that's a good scenario because I think there are 168 00:09:42,200 --> 00:09:46,400 Speaker 1: arguments to be made, but you're getting into trickier issues 169 00:09:46,440 --> 00:09:49,280 Speaker 1: that would be argued at a real trial. The purpose 170 00:09:49,480 --> 00:09:52,199 Speaker 1: of mock trial, I think this to get kids interested 171 00:09:52,240 --> 00:09:54,760 Speaker 1: in this, to get students wanting to do this in 172 00:09:54,760 --> 00:09:56,560 Speaker 1: their future careers. And if what are you gonna do, 173 00:09:56,720 --> 00:09:59,520 Speaker 1: Try some boring fraud case that's based on tax law 174 00:09:59,520 --> 00:10:01,920 Speaker 1: and account no, give him an interesting case, Give them 175 00:10:01,920 --> 00:10:03,959 Speaker 1: an exciting case, Give him something out of a movie, 176 00:10:04,480 --> 00:10:09,800 Speaker 1: and that will spark their interest. Laura Rose has hand 177 00:10:09,840 --> 00:10:12,880 Speaker 1: picked four of her top students to argue this case. 178 00:10:13,840 --> 00:10:17,800 Speaker 1: Bailey Moore that and Justin Peter Right will defend Tommy 179 00:10:17,800 --> 00:10:23,800 Speaker 1: Santa Suso. What happens is this guy, William Cafierre, we 180 00:10:23,880 --> 00:10:26,360 Speaker 1: call him Billy. Billy goes to a bar. He gets 181 00:10:26,400 --> 00:10:28,839 Speaker 1: out of jail and he kind of needs to re 182 00:10:29,080 --> 00:10:34,840 Speaker 1: establish his boss presence, and Tommy Santa Suso and Nickpatrick arrived. 183 00:10:35,320 --> 00:10:38,480 Speaker 1: Everyone knows each other, but Tommy's trying to get out 184 00:10:38,520 --> 00:10:42,080 Speaker 1: of the mafia. He's still in the mafia, but Tommy 185 00:10:42,120 --> 00:10:45,520 Speaker 1: just wants to be respected, because who doesn't want to 186 00:10:45,520 --> 00:10:49,400 Speaker 1: be Brandon Hodeck and Bill Murray. Not that Bill Murray 187 00:10:49,559 --> 00:10:52,880 Speaker 1: will prosecute Tommy. When I first read this fact pattern, 188 00:10:52,960 --> 00:10:56,160 Speaker 1: for example, I thought the state slightly had the edge, 189 00:10:56,600 --> 00:10:59,199 Speaker 1: and then I kept reading it, and then I thought 190 00:10:59,440 --> 00:11:01,640 Speaker 1: the defense was gonna blow us out of the water. 191 00:11:02,280 --> 00:11:04,480 Speaker 1: And then I kept reading it and I realized, maybe 192 00:11:04,480 --> 00:11:07,559 Speaker 1: the state actually has the better case. And so when 193 00:11:07,559 --> 00:11:10,800 Speaker 1: Billy starts shoving in his face that Houston your chauffeur, 194 00:11:10,840 --> 00:11:14,960 Speaker 1: Tommy gets mad. They start a brawl, and after this 195 00:11:15,080 --> 00:11:19,079 Speaker 1: bar fight, then it's only Nick and Billy, and that's 196 00:11:19,120 --> 00:11:21,360 Speaker 1: all we really know from there. That's what we know 197 00:11:21,440 --> 00:11:23,280 Speaker 1: for sure. They walk out of the bar together, and 198 00:11:23,320 --> 00:11:26,200 Speaker 1: you know that Billy's dead. It's just kind of always 199 00:11:26,240 --> 00:11:30,240 Speaker 1: work in progress. It's important never to get too in 200 00:11:30,360 --> 00:11:33,920 Speaker 1: love with a certain theme or theory, because you can 201 00:11:33,920 --> 00:11:37,599 Speaker 1: always think of something that completely derails everything that you 202 00:11:37,720 --> 00:11:41,160 Speaker 1: just built. The rest of the team is spread out 203 00:11:41,200 --> 00:11:43,760 Speaker 1: in the peanut gallery of the law schools practice court, 204 00:11:44,200 --> 00:11:48,599 Speaker 1: firing pot shots at the new case as going through it, 205 00:11:49,920 --> 00:11:53,320 Speaker 1: Does it make sense? Does it make sense with what 206 00:11:53,320 --> 00:11:58,079 Speaker 1: you read and what questions leading as you're hearing for 207 00:11:58,160 --> 00:11:59,880 Speaker 1: the first time, Tell me what you're thinking about. So 208 00:12:00,200 --> 00:12:02,600 Speaker 1: I texted Bailey this as well, But it probably goes 209 00:12:02,640 --> 00:12:05,800 Speaker 1: both ways. The knife is under the assumption that it's 210 00:12:05,800 --> 00:12:09,040 Speaker 1: the mother's knife, a knight that she regularly uses, So 211 00:12:09,080 --> 00:12:12,280 Speaker 1: where's her prince? On the other flip side, though the 212 00:12:12,280 --> 00:12:16,000 Speaker 1: prosecution say the knife is wiped, there's no prince now 213 00:12:16,160 --> 00:12:19,679 Speaker 1: because they're trying to cover it up. Yeah, this might 214 00:12:19,679 --> 00:12:21,240 Speaker 1: be a stretch, but I was gonna say, who's to 215 00:12:21,280 --> 00:12:23,600 Speaker 1: say that when he left the far the first time, 216 00:12:23,960 --> 00:12:28,520 Speaker 1: he didn't take Nicky's car If his car is parked 217 00:12:28,600 --> 00:12:31,200 Speaker 1: there but further away, he could have taken Nikki's car 218 00:12:32,240 --> 00:12:36,199 Speaker 1: or I don't remember what I was thinking he did. 219 00:12:36,320 --> 00:12:38,760 Speaker 1: He still didn't go back to the bar, which is 220 00:12:38,760 --> 00:12:42,320 Speaker 1: where Tommy's car would have been. So even if you 221 00:12:42,320 --> 00:12:44,520 Speaker 1: were to have taken him back to his car and 222 00:12:44,600 --> 00:12:47,640 Speaker 1: not home, the cell phone records still don't show that. 223 00:12:49,800 --> 00:12:56,920 Speaker 1: I do. I can't say it's comfortable. It's definitely not comfortable. 224 00:12:57,120 --> 00:13:01,520 Speaker 1: You put a lot of work into theory in your case, 225 00:13:01,720 --> 00:13:05,880 Speaker 1: and then it's easy to kind of get upset when 226 00:13:05,880 --> 00:13:08,679 Speaker 1: someone tries to pull holes in it. Though it's a 227 00:13:08,720 --> 00:13:15,400 Speaker 1: team sport, it's can quickly feel very personal. So, Laura, 228 00:13:15,600 --> 00:13:19,960 Speaker 1: during boot camp, it looks as if you're taking all 229 00:13:20,000 --> 00:13:22,640 Speaker 1: of the students that you're working with and you're having 230 00:13:22,640 --> 00:13:27,120 Speaker 1: them hive mind this problem that they've been presented with. 231 00:13:27,400 --> 00:13:30,320 Speaker 1: Can you kind of walk us through that method and 232 00:13:30,360 --> 00:13:34,080 Speaker 1: that procedure and why you think it's effective to be 233 00:13:34,200 --> 00:13:37,440 Speaker 1: able to give them a foundation to work from. The 234 00:13:37,559 --> 00:13:39,760 Speaker 1: reason for the hive mind with the Battle of the 235 00:13:39,800 --> 00:13:43,000 Speaker 1: Expert's fact pattern in particular, came about for a few reasons. 236 00:13:43,360 --> 00:13:45,240 Speaker 1: Number One, it's a great way to knock the rust 237 00:13:45,320 --> 00:13:47,000 Speaker 1: off from the summer. It's a great way to get 238 00:13:47,040 --> 00:13:49,320 Speaker 1: started and get going and get everybody back to thinking 239 00:13:49,360 --> 00:13:51,839 Speaker 1: about those things. Number Two, it's a great way for 240 00:13:51,960 --> 00:13:54,080 Speaker 1: the students that are so deeply entrenched with the fact 241 00:13:54,080 --> 00:13:56,560 Speaker 1: pattern to realize, Hey, the thing that you thought was 242 00:13:56,679 --> 00:14:00,840 Speaker 1: very clear isn't clear from your presentation That inference that 243 00:14:00,880 --> 00:14:04,160 Speaker 1: you thought was so obvious isn't actually as obvious as 244 00:14:04,200 --> 00:14:08,640 Speaker 1: you want to make it. Me, is it a good idea? 245 00:14:08,679 --> 00:14:11,280 Speaker 1: Because I'm just thinking about this and like, what Ma's 246 00:14:11,320 --> 00:14:13,560 Speaker 1: really saying here is if you can say that he 247 00:14:13,640 --> 00:14:19,280 Speaker 1: was here for these parts, say, are there some fuzzy inconsistencies, Yes, 248 00:14:20,240 --> 00:14:23,240 Speaker 1: but remember he's he's not a saint. He's a drug 249 00:14:23,280 --> 00:14:25,960 Speaker 1: addict and drug dealer. Was he high on heroin when 250 00:14:26,000 --> 00:14:28,880 Speaker 1: he was doing this? I don't know, But could you 251 00:14:28,920 --> 00:14:33,760 Speaker 1: know he's there enough to say, yeah, there's some inconsistencies. 252 00:14:33,760 --> 00:14:36,680 Speaker 1: But do we think he did it? Your reasonable members 253 00:14:36,720 --> 00:14:39,120 Speaker 1: of the jury, I'd say yes, and then just kind 254 00:14:39,120 --> 00:14:42,440 Speaker 1: of blur. So is it a combination of a confidence builder, 255 00:14:42,960 --> 00:14:48,240 Speaker 1: an ice breaker, a substantive dive into the law and 256 00:14:48,320 --> 00:14:50,640 Speaker 1: the evidence and the rules of procedure kind of all 257 00:14:50,680 --> 00:14:53,680 Speaker 1: in one. Yeah, it's it's everything. It's a kitchen saint 258 00:14:53,720 --> 00:14:56,240 Speaker 1: kind of approach. It's trial, and that's why it's wonderful 259 00:14:56,280 --> 00:14:59,200 Speaker 1: because you have to deal with the facts, the law, 260 00:14:59,480 --> 00:15:03,480 Speaker 1: the But Tommy, on the other hand, he's smart, he's methodical, 261 00:15:03,520 --> 00:15:05,880 Speaker 1: he knows what he's doing. But it's kind of ironic 262 00:15:05,960 --> 00:15:09,280 Speaker 1: that our star witness has all the things that make 263 00:15:09,400 --> 00:15:15,200 Speaker 1: him look like the bad guy in San Antonio. Jasmineal 264 00:15:15,360 --> 00:15:19,760 Speaker 1: Gain has finally managed to stream Martin Scorsese's mob classic 265 00:15:20,040 --> 00:15:25,840 Speaker 1: Good Fellas one of my favorites. Anyway, her St. Mary's 266 00:15:25,920 --> 00:15:30,120 Speaker 1: University teammates Andy Viscarra and Coldla they feel like it's 267 00:15:30,160 --> 00:15:35,080 Speaker 1: their legal obligation to break down the plot. Yeah, and 268 00:15:35,120 --> 00:15:39,280 Speaker 1: this movie, Tommy didn't. Yeah. But in the movie. Even 269 00:15:39,280 --> 00:15:42,880 Speaker 1: in the movie, I was like, I was like, oh, 270 00:15:42,960 --> 00:15:51,400 Speaker 1: so Tommy did it. He did it? Yeah, I was like, whoa, 271 00:15:51,520 --> 00:15:55,880 Speaker 1: that didn't happen. Not in our story. They're adding a 272 00:15:55,960 --> 00:16:02,040 Speaker 1: third person up in this joy all right, I killed Billy. Yeah, 273 00:16:02,400 --> 00:16:06,520 Speaker 1: when he wants anybody there, that's a good can you 274 00:16:06,640 --> 00:16:10,760 Speaker 1: deserve that. I'm gonna pretend Jimmy saw me to morow 275 00:16:11,080 --> 00:16:20,000 Speaker 1: like die for this man. That's not very okay. Dury 276 00:16:20,040 --> 00:16:24,000 Speaker 1: remembers the dream. I'm sorry, I'm gonna start, but I'm 277 00:16:24,040 --> 00:16:26,360 Speaker 1: trying to really think about this. You're gonna get on 278 00:16:26,440 --> 00:16:40,760 Speaker 1: this vibe. I'm gonna kill Let me start that again. 279 00:16:40,760 --> 00:16:45,000 Speaker 1: I'm sorry that sounded weird. I'm gonna kill this bastard. 280 00:16:45,640 --> 00:16:49,960 Speaker 1: I'm gonna kill you, you fake tough guy. Those were 281 00:16:49,960 --> 00:16:54,920 Speaker 1: the last words that the defendant told Billy Cafilero the 282 00:16:55,120 --> 00:16:59,640 Speaker 1: night that he was murdered. It's a dark knight in Sienna, Pennsylvania. 283 00:17:00,000 --> 00:17:02,280 Speaker 1: And while walking on the street, you see a bar 284 00:17:02,360 --> 00:17:06,040 Speaker 1: to the right. It's called the Bamboo Lounge. And from 285 00:17:06,040 --> 00:17:08,760 Speaker 1: afar you think it's just a mom and pop little bar, 286 00:17:09,680 --> 00:17:14,400 Speaker 1: something quiet. But inside inside that bar is a whole 287 00:17:14,440 --> 00:17:19,439 Speaker 1: another story. Inside that bar, it's another world of people. 288 00:17:20,200 --> 00:17:25,560 Speaker 1: They have a code violence, drugs, money, and family above all. 289 00:17:26,480 --> 00:17:30,560 Speaker 1: Breaking that code means breaking that code can cost you 290 00:17:30,560 --> 00:17:35,560 Speaker 1: your life. They make money from prostitution, loan sharky, theft, 291 00:17:35,680 --> 00:17:40,160 Speaker 1: and extortion. Now, these families have a hierarchy. It goes 292 00:17:40,320 --> 00:17:49,520 Speaker 1: boss underboss, conciliaire, capos, associates and soldiers. And these are 293 00:17:49,560 --> 00:17:52,040 Speaker 1: the types of people that you will find the Bamboo 294 00:17:52,119 --> 00:17:55,800 Speaker 1: Lounge when you walk inside. The first person, so I 295 00:17:55,840 --> 00:17:59,640 Speaker 1: really like the story. That's Jason Goss. He's a St. 296 00:17:59,680 --> 00:18:03,640 Speaker 1: Mary's grad and a trial team legend, Jason tried cases 297 00:18:03,760 --> 00:18:06,359 Speaker 1: for the Bear County d a's office, but then he 298 00:18:06,480 --> 00:18:08,720 Speaker 1: left to join his old boss and take up for 299 00:18:09,160 --> 00:18:11,639 Speaker 1: the defense. Now, when you got towards the end, you 300 00:18:11,680 --> 00:18:13,720 Speaker 1: just started basically reading it, it was like blah blah blah, 301 00:18:13,800 --> 00:18:16,840 Speaker 1: da da da, something's never changed. In whatever spare time, 302 00:18:17,119 --> 00:18:20,359 Speaker 1: Jason manages to get he and his wife Maritza who's 303 00:18:20,400 --> 00:18:24,920 Speaker 1: expecting their first baby, coached the battle team. Sorry, I 304 00:18:24,960 --> 00:18:26,240 Speaker 1: feel like it goes too long, and I was boring 305 00:18:26,240 --> 00:18:30,480 Speaker 1: you guys. It is too long. But the only reason 306 00:18:30,600 --> 00:18:32,280 Speaker 1: is and the reason why it felt that way is 307 00:18:32,320 --> 00:18:35,919 Speaker 1: because you basically you did something that's it's kind of 308 00:18:35,960 --> 00:18:38,440 Speaker 1: rare and mock trial. You woa of all what the 309 00:18:38,480 --> 00:18:41,840 Speaker 1: witnesses we're going to say into the story, which is cool, 310 00:18:42,720 --> 00:18:44,359 Speaker 1: but you know, one of the things I noticed was 311 00:18:44,520 --> 00:18:46,520 Speaker 1: is you're talking about grab. You know, you had the knife, 312 00:18:46,520 --> 00:18:49,880 Speaker 1: you stabbed once, you stabbed twice, three times. You need 313 00:18:49,920 --> 00:18:52,960 Speaker 1: to talk about it like that. Right, he got the knife, 314 00:18:53,000 --> 00:18:55,760 Speaker 1: he stabbed him once, he stabbed him twice, He stabbed 315 00:18:55,800 --> 00:19:00,000 Speaker 1: him three times, nine inches deep right into his heart. 316 00:19:00,640 --> 00:19:04,520 Speaker 1: Something like that. Drama at a little I like it. 317 00:19:04,680 --> 00:19:09,679 Speaker 1: Keep going. I'm jasmineal Green and I'm a three. Oh 318 00:19:10,880 --> 00:19:16,960 Speaker 1: uh not doing too well today. Uh. We have cold 319 00:19:17,000 --> 00:19:20,359 Speaker 1: brew just running through my veins right now. Probably gonna 320 00:19:20,359 --> 00:19:23,280 Speaker 1: get like two to three hours of sleep. Already. Told Andy, 321 00:19:23,480 --> 00:19:25,639 Speaker 1: you know she sees me tomorrow. She didn't see me 322 00:19:25,680 --> 00:19:29,560 Speaker 1: because the first two weeks I was dressing up nice 323 00:19:29,720 --> 00:19:33,440 Speaker 1: and tomorrow it's it's gonna be bad. And I'm working 324 00:19:33,480 --> 00:19:35,720 Speaker 1: on top of this, and I think that's what's killing 325 00:19:35,720 --> 00:19:37,920 Speaker 1: me because I don't have that extra free time. So 326 00:19:38,240 --> 00:19:40,640 Speaker 1: I don't know how Jasmine's living right now. I got 327 00:19:40,640 --> 00:19:43,880 Speaker 1: a sabbatical from my job because I physically could not 328 00:19:45,440 --> 00:19:50,639 Speaker 1: do everything. She's not human, she's not real. But but 329 00:19:50,840 --> 00:19:53,399 Speaker 1: my job keeps me saying like, when I'm there, I 330 00:19:53,520 --> 00:19:56,160 Speaker 1: love it. I'm not worried about anything. I'm like, I'm here, 331 00:19:56,640 --> 00:20:03,080 Speaker 1: it's just wish there was more time in the week. So, Laura, 332 00:20:03,400 --> 00:20:06,000 Speaker 1: when you perceive from some of the students, the ones 333 00:20:06,040 --> 00:20:08,320 Speaker 1: that maybe you predict are going to have a struggle 334 00:20:08,520 --> 00:20:10,920 Speaker 1: after a law school, do you pivot a little bit 335 00:20:11,119 --> 00:20:13,960 Speaker 1: and maybe give a little bit more of yourself, maybe 336 00:20:14,000 --> 00:20:15,840 Speaker 1: a little bit more mentoring, maybe a little bit more 337 00:20:15,920 --> 00:20:19,320 Speaker 1: individualized attention to maybe get them more prepared for what 338 00:20:19,520 --> 00:20:21,400 Speaker 1: the real world quote unquote is going to be. Like, 339 00:20:22,040 --> 00:20:23,760 Speaker 1: I try to do that with all of my students 340 00:20:23,760 --> 00:20:25,080 Speaker 1: in all honesty, and it's one of the things that 341 00:20:25,119 --> 00:20:27,639 Speaker 1: I'm really fortunate with being here at South Dakota because 342 00:20:27,800 --> 00:20:30,159 Speaker 1: I have the number of students that I interact with. 343 00:20:30,520 --> 00:20:32,960 Speaker 1: I am very closely involved with all of my trial 344 00:20:33,000 --> 00:20:35,680 Speaker 1: team members, and I get to do that individualized attention 345 00:20:35,680 --> 00:20:37,760 Speaker 1: that you're talking about, But you can always pick out 346 00:20:37,760 --> 00:20:39,520 Speaker 1: those one or two where it's like, hey, you're gonna 347 00:20:39,520 --> 00:20:41,880 Speaker 1: need a little bit of extra coaching or a little 348 00:20:41,880 --> 00:20:44,720 Speaker 1: bit of extra support. My office is a safe space 349 00:20:44,760 --> 00:20:49,480 Speaker 1: for you. One of the biggest obstacles that I see 350 00:20:49,520 --> 00:20:51,919 Speaker 1: in a lot of my friends at school and in 351 00:20:52,000 --> 00:20:55,800 Speaker 1: myself is that imposter syndrome that most women have, where 352 00:20:55,840 --> 00:20:59,120 Speaker 1: it's like you don't realize that you are smart enough 353 00:20:59,200 --> 00:21:01,320 Speaker 1: or think you have the best argument, and there's always 354 00:21:01,359 --> 00:21:03,320 Speaker 1: kind of a push to be better without accepting that 355 00:21:03,359 --> 00:21:06,919 Speaker 1: you're already goody. And that's been one of the hardest 356 00:21:06,960 --> 00:21:10,480 Speaker 1: things to overcome. And advocacy is knowing like, Okay, my 357 00:21:10,600 --> 00:21:13,119 Speaker 1: argument is good, my style is good. Now I just 358 00:21:13,160 --> 00:21:15,479 Speaker 1: need to trust it, but make it better and and 359 00:21:15,520 --> 00:21:17,960 Speaker 1: that's the thing, right And I will empathize with you 360 00:21:18,000 --> 00:21:20,000 Speaker 1: on the imposter syndrome point and tell you it's not 361 00:21:20,080 --> 00:21:23,800 Speaker 1: something that goes away. I've got it horribly bad. My 362 00:21:24,080 --> 00:21:25,680 Speaker 1: friends love to laugh at me because every other week 363 00:21:25,680 --> 00:21:26,959 Speaker 1: i'd like, the law school is gonna fire me, I'm 364 00:21:26,960 --> 00:21:28,720 Speaker 1: gonna lose my job, And they're like, in what world? 365 00:21:28,840 --> 00:21:31,560 Speaker 1: And I'm like, somebody's going to see through that I 366 00:21:31,560 --> 00:21:33,359 Speaker 1: have clearly just faked it till I made it. At 367 00:21:33,400 --> 00:21:36,159 Speaker 1: this point, one of the things about being a female 368 00:21:36,240 --> 00:21:40,000 Speaker 1: advocate that I've found challenging until we'll still find challenging 369 00:21:40,000 --> 00:21:43,320 Speaker 1: but less challenging after working with you, is I think 370 00:21:43,960 --> 00:21:48,000 Speaker 1: the practice of law has had very maybe kind of 371 00:21:48,080 --> 00:21:52,560 Speaker 1: aggressive and straightforward and loud and boisterous and all of 372 00:21:52,560 --> 00:21:55,800 Speaker 1: these kind of different qualities that you've seen all the movies, 373 00:21:56,440 --> 00:22:01,800 Speaker 1: um that lawyers portrayed. But being you know, a female advocate, 374 00:22:02,160 --> 00:22:04,720 Speaker 1: as you said, we have a different skill set. And 375 00:22:04,920 --> 00:22:07,000 Speaker 1: in trial tech, I got a lot of comments about 376 00:22:07,040 --> 00:22:12,000 Speaker 1: being too gentle or like motherly, or I speak too 377 00:22:12,040 --> 00:22:14,600 Speaker 1: soft or something, and it kind of leads you to 378 00:22:14,600 --> 00:22:16,840 Speaker 1: a different skill set of how you take those kinds 379 00:22:16,880 --> 00:22:20,560 Speaker 1: of things and then make them better in your advocacy 380 00:22:20,560 --> 00:22:23,439 Speaker 1: and make them dangerous in the courtroom. And I think 381 00:22:23,520 --> 00:22:27,080 Speaker 1: that's one of the coolest things that I see women 382 00:22:27,160 --> 00:22:29,520 Speaker 1: advocates do, is you kind of know where they're going, 383 00:22:29,640 --> 00:22:34,840 Speaker 1: but you don't know how that final. And here's the thing. 384 00:22:35,200 --> 00:22:36,719 Speaker 1: I think that part of the reason that we've had 385 00:22:36,760 --> 00:22:38,520 Speaker 1: to become that is because the idea that if you're 386 00:22:38,520 --> 00:22:40,800 Speaker 1: aggressive is a woman, You're going to get labeled as 387 00:22:40,800 --> 00:22:44,080 Speaker 1: a bit. But number one, that's not necessarily true. The 388 00:22:44,160 --> 00:22:47,639 Speaker 1: jury will give you leeway if the witnesses being ridiculous. 389 00:22:48,000 --> 00:22:50,440 Speaker 1: You know, the more unreasonable they get, the more reasonable 390 00:22:50,480 --> 00:22:52,680 Speaker 1: that you get, unless you have to do the control 391 00:22:53,160 --> 00:22:55,320 Speaker 1: and then it shows the jury I've got the range 392 00:22:55,359 --> 00:22:57,680 Speaker 1: to go there. I'm choosing not to go there because 393 00:22:57,680 --> 00:23:01,000 Speaker 1: I know I'm more effective when I take these different approaches, 394 00:23:01,040 --> 00:23:03,280 Speaker 1: and that's not a bad thing. The thing that you 395 00:23:03,280 --> 00:23:05,240 Speaker 1: get to figure out now is is what your range 396 00:23:05,280 --> 00:23:07,600 Speaker 1: truly is. You you've figured out a couple of octaves 397 00:23:07,600 --> 00:23:09,680 Speaker 1: that you're comfortable singing in to make the analogy work, 398 00:23:09,960 --> 00:23:16,119 Speaker 1: but you can expand out of that. We bring to 399 00:23:16,200 --> 00:23:22,280 Speaker 1: the room our own biases and beliefs, and if you 400 00:23:22,320 --> 00:23:26,760 Speaker 1: don't understand that, when you're an attorney standing up and 401 00:23:26,880 --> 00:23:30,320 Speaker 1: presenting to a jury that is going to decide the 402 00:23:30,359 --> 00:23:35,440 Speaker 1: facts of your case, you will always lose. For Trial 403 00:23:35,440 --> 00:23:38,720 Speaker 1: team director A. J. Belito de Luna, running a trial 404 00:23:38,800 --> 00:23:42,800 Speaker 1: program means keeping track of several competition teams. The thing 405 00:23:42,880 --> 00:23:44,960 Speaker 1: that has to be at the forefront of your mind 406 00:23:45,920 --> 00:23:52,160 Speaker 1: from beginning to add Trust me, they are watching every 407 00:23:52,200 --> 00:23:58,919 Speaker 1: little thing that you are doing, Every little thing that 408 00:23:59,040 --> 00:24:02,320 Speaker 1: you are doing. He means coaching up the younger lawyers 409 00:24:02,359 --> 00:24:06,320 Speaker 1: and trial advocacy classes, but also looking out for promising rookies, 410 00:24:08,040 --> 00:24:12,560 Speaker 1: your honor, opposing counsel ladies and gentlemen of the jury. 411 00:24:14,400 --> 00:24:21,680 Speaker 1: She couldn't escape. She wanted to leave, but she couldn't. 412 00:24:23,280 --> 00:24:28,919 Speaker 1: He would not have it, so instead he killed her. 413 00:24:30,080 --> 00:24:33,680 Speaker 1: Rookies like Mariella and Sina's the second year law student 414 00:24:33,720 --> 00:24:36,720 Speaker 1: from Tucson who knocked it out of the park in 415 00:24:36,800 --> 00:24:40,639 Speaker 1: boot camp. This is her first opening statement in what 416 00:24:40,760 --> 00:24:44,800 Speaker 1: may prove to be a very promising legal career. October 417 00:24:46,720 --> 00:24:50,359 Speaker 1: starts as a typical day for a detective about He 418 00:24:50,440 --> 00:24:55,080 Speaker 1: goes into the office, probably grabs some coffee, sits at 419 00:24:55,119 --> 00:25:00,199 Speaker 1: his desk when the phone rings. Someone tells him that 420 00:25:00,840 --> 00:25:07,000 Speaker 1: a body was found at the marsh. Unfortunately, in Detective 421 00:25:07,040 --> 00:25:11,919 Speaker 1: Label's line of work, this isn't uncommon, so he treats 422 00:25:11,960 --> 00:25:16,439 Speaker 1: it just like any other homicide. He goes to the scene, 423 00:25:17,200 --> 00:25:23,399 Speaker 1: he examines the scene, he examines the body, suspects foul play, 424 00:25:24,680 --> 00:25:28,560 Speaker 1: and that's when it hits him. That's when he makes 425 00:25:28,560 --> 00:25:36,760 Speaker 1: the connection. He realizes Molly didn't go missing just randomly 426 00:25:37,680 --> 00:25:42,960 Speaker 1: three years ago. She didn't just run away from the defendant. 427 00:25:44,600 --> 00:25:56,440 Speaker 1: The defendant killed her. Thank you. This is assistant coach 428 00:25:56,720 --> 00:26:02,280 Speaker 1: Stephen Lopez, your brothers and your poise up there. You're 429 00:26:02,359 --> 00:26:05,959 Speaker 1: not moving around. You're very strong, you're very powerful. Your 430 00:26:06,080 --> 00:26:10,600 Speaker 1: voice feels this entire room, which is awesome. Your theme 431 00:26:11,880 --> 00:26:16,719 Speaker 1: that she couldn't escape, right, it's okay, right, it's not plunchy, 432 00:26:16,800 --> 00:26:21,080 Speaker 1: it's not really catchy. But I think the bigger problem 433 00:26:21,119 --> 00:26:23,800 Speaker 1: with it is he didn't really use it. If that's 434 00:26:23,840 --> 00:26:25,760 Speaker 1: your theory and that's your theme, then you've got to 435 00:26:25,840 --> 00:26:30,560 Speaker 1: play that through your whole opening. Great job, right, Sure, 436 00:26:32,240 --> 00:26:38,879 Speaker 1: I have seen your days. I could see it because 437 00:26:38,920 --> 00:26:43,600 Speaker 1: you just got criticized pretty heavil and you don't like it. 438 00:26:44,240 --> 00:26:48,720 Speaker 1: I mean, I I take criticism. Well, it's just like, yeah, 439 00:26:48,760 --> 00:26:51,000 Speaker 1: it's you know, you want to be perfect all the time, 440 00:26:51,040 --> 00:26:54,119 Speaker 1: but it's just not think so. So I want you 441 00:26:54,160 --> 00:26:58,680 Speaker 1: to hear something. I sent him a text. What did 442 00:26:58,680 --> 00:27:01,960 Speaker 1: that text say? I didn't My phone is off, sir, 443 00:27:02,160 --> 00:27:10,040 Speaker 1: beat ault. She is a champion in waiting. I see 444 00:27:10,080 --> 00:27:13,240 Speaker 1: in your face where you're feeling failure. I see in 445 00:27:13,280 --> 00:27:15,680 Speaker 1: your face where you're like Damn, I didn't do it right. 446 00:27:16,000 --> 00:27:21,800 Speaker 1: I didn't meet the expectation. It's not good enough yet, 447 00:27:23,880 --> 00:27:28,880 Speaker 1: but there's great stuff there. So don't get discouraged when 448 00:27:28,880 --> 00:27:32,400 Speaker 1: you get these com heads. We're never going to tell 449 00:27:32,440 --> 00:27:34,399 Speaker 1: you that you're good enough until you're good enough. And 450 00:27:34,440 --> 00:27:37,560 Speaker 1: you know when you're good enough when you bring home 451 00:27:37,600 --> 00:27:42,239 Speaker 1: a national championship like he did. When we put your 452 00:27:42,320 --> 00:27:45,320 Speaker 1: trophy in a trophy case. That's when we stopped saying 453 00:27:45,320 --> 00:27:47,040 Speaker 1: things to you. It's like you, you tell me what 454 00:27:47,040 --> 00:27:52,879 Speaker 1: we're gonna do now, all right, that's when you're good enough. Yeah, 455 00:27:53,240 --> 00:28:01,520 Speaker 1: so great job, now you can give her. Last week 456 00:28:01,600 --> 00:28:04,760 Speaker 1: was probably my most stressful week so far. More and 457 00:28:04,800 --> 00:28:08,560 Speaker 1: more things to do, and as we get deeper into classes, 458 00:28:08,600 --> 00:28:13,399 Speaker 1: it gets a little more time consuming. Also, I was 459 00:28:13,480 --> 00:28:17,120 Speaker 1: asked to practice with coach Douer and coach Goss as 460 00:28:17,119 --> 00:28:20,840 Speaker 1: a witness for their Battle of the Experts competition. So 461 00:28:20,880 --> 00:28:22,840 Speaker 1: I was really excited when I got the email. It 462 00:28:22,920 --> 00:28:25,959 Speaker 1: was Aj who emailed me. I was really excited. You know. 463 00:28:26,040 --> 00:28:27,440 Speaker 1: He let me know that this means you know what 464 00:28:27,440 --> 00:28:31,000 Speaker 1: I'm doing well. He also told me, don't let this 465 00:28:31,080 --> 00:28:33,840 Speaker 1: get to your head. You know, this isn't a golden ticketed. 466 00:28:34,160 --> 00:28:36,639 Speaker 1: You know, we're offering you this opportunity contingent on you 467 00:28:36,680 --> 00:28:39,680 Speaker 1: doing well and trial at um and keeping up the work. 468 00:28:40,920 --> 00:28:44,760 Speaker 1: It's definitely been a whirlwind of craziness. I haven't even 469 00:28:44,760 --> 00:28:48,160 Speaker 1: finished my evidence class. Like this is going to be 470 00:28:48,360 --> 00:28:54,520 Speaker 1: very scary. I'm a thrill. I definitely feel a ton 471 00:28:54,560 --> 00:28:57,520 Speaker 1: of pressure because I have experience. I should be better 472 00:28:58,080 --> 00:29:00,600 Speaker 1: in theory, I should be really good, should be able 473 00:29:00,680 --> 00:29:02,959 Speaker 1: to not necessarily carry the team, but at least do 474 00:29:03,040 --> 00:29:07,080 Speaker 1: a really good part. But because of that competitive nature, 475 00:29:07,160 --> 00:29:10,240 Speaker 1: you always feel like you're not there. We had practiced 476 00:29:10,320 --> 00:29:13,720 Speaker 1: yesterday that was a full sort of round, and I 477 00:29:13,760 --> 00:29:15,280 Speaker 1: didn't think I did as well as I should have. 478 00:29:15,480 --> 00:29:17,520 Speaker 1: I messed up some really basic stuff that I know 479 00:29:17,640 --> 00:29:21,280 Speaker 1: better than to do. I missed certain cues for things, 480 00:29:21,320 --> 00:29:24,200 Speaker 1: I missed objections stuff that I shouldn't have screwed up. 481 00:29:24,200 --> 00:29:26,000 Speaker 1: And we have, you know, a couple of weeks to 482 00:29:26,240 --> 00:29:30,240 Speaker 1: three weeks to prepare and hone that in. So it 483 00:29:30,240 --> 00:29:33,240 Speaker 1: it definitely that pressure gets to you, and there's a 484 00:29:33,280 --> 00:29:35,360 Speaker 1: lot more pressure on it because all the leaders of 485 00:29:35,360 --> 00:29:40,280 Speaker 1: the program are on this specific team. So it makes 486 00:29:40,280 --> 00:29:42,880 Speaker 1: you want to be better, but it also it makes 487 00:29:42,920 --> 00:29:45,720 Speaker 1: you really hard on yourself and does take a mental toll, 488 00:29:45,760 --> 00:29:48,760 Speaker 1: which is probably a good thing that law schools competitions 489 00:29:48,800 --> 00:29:52,360 Speaker 1: don't go all year. I have a meeting with my 490 00:29:52,480 --> 00:29:55,840 Speaker 1: counselor later on today. I haven't spoken to her in 491 00:29:55,880 --> 00:29:57,960 Speaker 1: a long time, but and I've had to keep putting 492 00:29:58,000 --> 00:30:01,360 Speaker 1: it off due to how busy I've been. But in general, 493 00:30:01,480 --> 00:30:04,960 Speaker 1: it seems like everybody's noticed everyone's mental health is sort 494 00:30:05,000 --> 00:30:09,360 Speaker 1: of collapsing, far more than it was our one oh year. 495 00:30:09,800 --> 00:30:13,240 Speaker 1: So I think people seem to be just generally worse off. 496 00:30:13,320 --> 00:30:16,160 Speaker 1: And I think it's a mix of the continuing pandemic 497 00:30:16,320 --> 00:30:20,280 Speaker 1: returning to classes knowing that the bar is coming up. 498 00:30:22,280 --> 00:30:24,720 Speaker 1: It's started one o year. Um. I mean, I saw 499 00:30:24,800 --> 00:30:29,960 Speaker 1: counselors periodically and in undergrad dealing with stresses and some 500 00:30:30,120 --> 00:30:33,680 Speaker 1: medical issues that threw me off. So I saw or 501 00:30:33,800 --> 00:30:39,360 Speaker 1: I saw regularly, but since things have gotten worse, decided 502 00:30:39,400 --> 00:30:41,200 Speaker 1: to pick it up a little bit again, just to 503 00:30:41,280 --> 00:30:43,880 Speaker 1: at least have a third party to be able to 504 00:30:43,960 --> 00:30:46,640 Speaker 1: vent to. You know, talking to your friends is great, 505 00:30:46,680 --> 00:30:48,560 Speaker 1: but if your friends are going through the same things 506 00:30:48,600 --> 00:30:50,760 Speaker 1: you are, it does feel kind of weird to complain 507 00:30:50,840 --> 00:30:53,720 Speaker 1: to them because they're not complaining to you. They get it. 508 00:30:53,800 --> 00:30:56,120 Speaker 1: They know where everybody's at their dealing with the same stuff. 509 00:30:56,120 --> 00:30:58,479 Speaker 1: But here you are complaining to them. It's just it 510 00:30:58,520 --> 00:31:01,680 Speaker 1: feels weird, even though they don't mind, it's just doesn't 511 00:31:01,720 --> 00:31:07,560 Speaker 1: feel quite as effective and it's just off. So, Ellie, 512 00:31:07,720 --> 00:31:10,520 Speaker 1: what advice do you have to guard against the burnout 513 00:31:10,800 --> 00:31:13,760 Speaker 1: that does happen in the business. Don't do mock trial. 514 00:31:15,160 --> 00:31:18,280 Speaker 1: I'm only half kidding. Look, when you're on trial, it's 515 00:31:18,280 --> 00:31:21,120 Speaker 1: all consuming, real trial. There's just no way around that. 516 00:31:21,360 --> 00:31:23,960 Speaker 1: It devours your life. I will speak from my experience. 517 00:31:24,000 --> 00:31:26,239 Speaker 1: You ignore your kids. You know, you don't take care 518 00:31:26,280 --> 00:31:28,600 Speaker 1: of yourself in terms of what you eat and you sleep. 519 00:31:29,240 --> 00:31:32,000 Speaker 1: And I think that mock trial, from what I've seen, 520 00:31:32,800 --> 00:31:36,240 Speaker 1: can be similar on these kids and on these students. 521 00:31:36,440 --> 00:31:39,480 Speaker 1: And I don't have an easy solution to that. I 522 00:31:39,480 --> 00:31:41,000 Speaker 1: don't know how they do it. I don't know how 523 00:31:41,040 --> 00:31:43,440 Speaker 1: they do mock trial and also keep up with their 524 00:31:43,480 --> 00:31:46,960 Speaker 1: classes and their social activities and their other activities that 525 00:31:47,000 --> 00:31:49,560 Speaker 1: they're trying to do at school. So God bless them. 526 00:31:49,640 --> 00:31:51,960 Speaker 1: It wasn't for me. You know. If I had to 527 00:31:51,960 --> 00:31:54,080 Speaker 1: give advice, I guess I would just try to say, 528 00:31:54,280 --> 00:31:57,200 Speaker 1: don't let it invade your dreams. Try to put it 529 00:31:57,520 --> 00:31:59,320 Speaker 1: in a box, put it to the side, and keep 530 00:31:59,320 --> 00:32:01,160 Speaker 1: in mind, as as much as it can feel all 531 00:32:01,160 --> 00:32:04,440 Speaker 1: consuming and competitive, it is a mock trial and you 532 00:32:04,440 --> 00:32:07,640 Speaker 1: don't have actual you know, someone's actual liberty at steak 533 00:32:07,800 --> 00:32:10,680 Speaker 1: or the family of a murder victim at stake. So 534 00:32:11,200 --> 00:32:14,000 Speaker 1: take a breath, keep it in perspective. But God bless 535 00:32:14,000 --> 00:32:26,480 Speaker 1: you for doing it. Everything has its season, everything has 536 00:32:26,520 --> 00:32:30,120 Speaker 1: its time. Somewhere there must be footage of a young 537 00:32:30,200 --> 00:32:33,920 Speaker 1: Lord Rose on stage. I can't do anymore in that 538 00:32:33,920 --> 00:32:36,239 Speaker 1: because my voice is gonna bother me too much. From 539 00:32:36,280 --> 00:32:40,440 Speaker 1: the time that I was very small, I loved musical 540 00:32:40,480 --> 00:32:42,520 Speaker 1: theater in particular, and I blame my parents for this, 541 00:32:42,560 --> 00:32:44,400 Speaker 1: because they took me to see Little Shop of Horrors 542 00:32:44,400 --> 00:32:47,040 Speaker 1: when I was two. I fell in love with the 543 00:32:47,080 --> 00:32:50,360 Speaker 1: storytelling element of that particular world. And like when Dad 544 00:32:50,440 --> 00:32:53,160 Speaker 1: was first in the military and when I was younger 545 00:32:53,160 --> 00:32:56,720 Speaker 1: and we would drive everywhere, he would play musical soundtracks, 546 00:32:56,760 --> 00:32:59,320 Speaker 1: and the storytelling aspect of that for me was everything. 547 00:33:00,080 --> 00:33:01,280 Speaker 1: Part of my plan was I wanted to work for 548 00:33:01,360 --> 00:33:04,240 Speaker 1: children's Television Workshop, and so that's where I wanted to be, 549 00:33:04,720 --> 00:33:06,560 Speaker 1: but I knew that if I couldn't make it work 550 00:33:07,080 --> 00:33:08,640 Speaker 1: and I was going to become a financial burden to 551 00:33:08,640 --> 00:33:11,080 Speaker 1: my parents. At that point, I couldn't justify it in 552 00:33:11,120 --> 00:33:14,920 Speaker 1: my own head. I graduated from college in May of 553 00:33:14,960 --> 00:33:16,960 Speaker 1: two thousand nine. I was two years behind when I 554 00:33:16,960 --> 00:33:18,600 Speaker 1: should have been because my mom got sick before I 555 00:33:18,600 --> 00:33:20,960 Speaker 1: went to school. She has MS, and I stayed home 556 00:33:21,000 --> 00:33:23,480 Speaker 1: to help out with the family. With that, I said, 557 00:33:23,520 --> 00:33:25,280 Speaker 1: I can't. I can't do it, as much as I 558 00:33:25,320 --> 00:33:27,760 Speaker 1: want to, as much as I would have loved to 559 00:33:27,800 --> 00:33:29,960 Speaker 1: go there, and so it was better to go with 560 00:33:30,000 --> 00:33:31,680 Speaker 1: the practical thing, to have the thing that I knew 561 00:33:31,720 --> 00:33:34,280 Speaker 1: could feed me, and then find a way from my 562 00:33:34,320 --> 00:33:36,160 Speaker 1: creative love to become a part of that. And I 563 00:33:36,200 --> 00:33:38,440 Speaker 1: got really lucky. I got really, really lucky and found 564 00:33:38,440 --> 00:33:40,480 Speaker 1: a way to do it. The reason I was comfortable 565 00:33:40,480 --> 00:33:42,800 Speaker 1: going to law school is I knew that the law 566 00:33:42,800 --> 00:33:44,280 Speaker 1: school that I had chosen was the one that was 567 00:33:44,280 --> 00:33:46,280 Speaker 1: going to make me an advocate, which was me, which 568 00:33:46,280 --> 00:33:47,520 Speaker 1: meant that I was going to get to take my 569 00:33:47,600 --> 00:33:49,800 Speaker 1: talents and all these things that I'd spent time developing 570 00:33:50,240 --> 00:33:52,640 Speaker 1: and use them for the betterment of other people. It's 571 00:33:52,680 --> 00:33:54,280 Speaker 1: just not the way that I thought it would happen. 572 00:33:54,320 --> 00:33:56,640 Speaker 1: I thought I would be in the courtroom trying cases 573 00:33:56,680 --> 00:33:59,040 Speaker 1: all the time, and in reality, I'm much better suited 574 00:33:59,080 --> 00:34:00,560 Speaker 1: to what I'm doing now, which is taking the next 575 00:34:00,560 --> 00:34:02,800 Speaker 1: generation and saying you go to it. If I am 576 00:34:02,880 --> 00:34:06,120 Speaker 1: successful and get tenure here, I could stay here for 577 00:34:06,160 --> 00:34:08,399 Speaker 1: the rest of my academic career. If I do that, 578 00:34:09,000 --> 00:34:11,839 Speaker 1: I will know at the end of my career that 579 00:34:12,200 --> 00:34:15,280 Speaker 1: for thirty plus years, I will have put out every 580 00:34:15,320 --> 00:34:18,200 Speaker 1: single advocate that's come out of University of South Dakota 581 00:34:18,239 --> 00:34:21,239 Speaker 1: Cannuts in school law. So I will know that the 582 00:34:21,239 --> 00:34:23,880 Speaker 1: evidentiary issues in courtrooms across the state are being handled 583 00:34:23,920 --> 00:34:26,319 Speaker 1: in a way that's appropriate. I will know that the 584 00:34:26,320 --> 00:34:29,040 Speaker 1: people who are advocating in courtrooms have been trained this way, 585 00:34:29,280 --> 00:34:32,280 Speaker 1: and it's going to change the legal landscape here because 586 00:34:32,280 --> 00:34:38,839 Speaker 1: it's desperately needed. The clock is ticking in Coach Rose 587 00:34:39,000 --> 00:34:41,040 Speaker 1: needs to whip her team into shape for the battle 588 00:34:41,040 --> 00:34:43,680 Speaker 1: of the experts. Good morning, good morning, Good morning, gang, 589 00:34:44,920 --> 00:34:47,440 Speaker 1: and for all of the competitions that are coming in 590 00:34:47,480 --> 00:34:51,280 Speaker 1: the fall. Get your coffee, get your caffeine and drink. 591 00:34:51,600 --> 00:34:54,000 Speaker 1: Make sure that you're awake. We will get through today 592 00:34:54,040 --> 00:34:55,719 Speaker 1: as quickly as we possibly can. You all know that 593 00:34:55,719 --> 00:34:57,640 Speaker 1: I'm all about efficiency and making sure that we don't 594 00:34:57,640 --> 00:34:59,000 Speaker 1: waste our time, and I know that you have other 595 00:34:59,000 --> 00:35:01,919 Speaker 1: things that you've got to do. But today what we're 596 00:35:01,920 --> 00:35:04,160 Speaker 1: gonna be covering, we're gonna talk about cross examination, which 597 00:35:04,200 --> 00:35:06,640 Speaker 1: is everybody in this room knows my absolute favorite thing 598 00:35:06,640 --> 00:35:08,279 Speaker 1: that we end up doing in a courtroom, because it's 599 00:35:08,280 --> 00:35:10,600 Speaker 1: when you have the most controled. So are we all 600 00:35:10,640 --> 00:35:13,760 Speaker 1: clear about what we're doing this morning? We awake vaguely 601 00:35:14,120 --> 00:35:16,360 Speaker 1: three else, Let's go around the room. What's your favorite 602 00:35:16,360 --> 00:35:19,960 Speaker 1: part about cross examination? Justin The thing I like about 603 00:35:20,000 --> 00:35:23,600 Speaker 1: the most is I feel like I'm in control, and 604 00:35:23,800 --> 00:35:26,799 Speaker 1: no matter how hard they're trying to squirm out of things, 605 00:35:26,920 --> 00:35:29,200 Speaker 1: or if they're trying to be cute with me, it's 606 00:35:29,239 --> 00:35:32,239 Speaker 1: an easy situation to flip that back on them. Matt, 607 00:35:32,239 --> 00:35:34,560 Speaker 1: you've had trial tech. What's your favorite thing about cross 608 00:35:34,600 --> 00:35:37,520 Speaker 1: The power? I like the power behind it. This is 609 00:35:37,600 --> 00:35:41,800 Speaker 1: Matt Skinner, a future defense attorney and the team's best sniper. 610 00:35:43,400 --> 00:35:45,239 Speaker 1: Be honest, man, let's go work. Come on, talk about it. 611 00:35:45,239 --> 00:35:47,040 Speaker 1: Why do you like the power? What about that is good? 612 00:35:47,280 --> 00:35:50,239 Speaker 1: I like the power and forever. I've called it the 613 00:35:50,280 --> 00:35:53,359 Speaker 1: oce Ship moment. Like I instead, you just lay these 614 00:35:53,400 --> 00:35:57,280 Speaker 1: bread crumbs and eventually it leads to this trap where 615 00:35:57,840 --> 00:36:01,279 Speaker 1: the witnesses like, oh Ship, I'm stuck. Hi, I don't 616 00:36:01,280 --> 00:36:03,680 Speaker 1: know what to do here. Yeah. I like the power 617 00:36:03,719 --> 00:36:08,080 Speaker 1: of having control. Basically you know what's going to happen, 618 00:36:08,520 --> 00:36:11,640 Speaker 1: they don't, and eventually you're going to lead that witness 619 00:36:11,680 --> 00:36:14,720 Speaker 1: to do exactly what you want. I think one of 620 00:36:13,920 --> 00:36:17,680 Speaker 1: the most intimidating things that you can't really do on Zoom. 621 00:36:17,680 --> 00:36:20,440 Speaker 1: But they call it working the wells. So like you're 622 00:36:20,480 --> 00:36:22,480 Speaker 1: well as kind of right in from the judge and 623 00:36:22,520 --> 00:36:25,840 Speaker 1: the witness table. Here Coach Rose teaches us how to 624 00:36:25,880 --> 00:36:28,680 Speaker 1: walk your dog in the well and when you have 625 00:36:29,200 --> 00:36:33,480 Speaker 1: an unfriendly witness, when you start kind of cornering them 626 00:36:33,480 --> 00:36:36,040 Speaker 1: on a point, you start walking towards them and you 627 00:36:36,160 --> 00:36:39,280 Speaker 1: keep the eye contact, and as you keep asking questions, 628 00:36:39,280 --> 00:36:41,879 Speaker 1: you keep taking more and more steps, and once you've 629 00:36:41,920 --> 00:36:44,040 Speaker 1: kind of cracked them a major point, you just turn 630 00:36:44,080 --> 00:36:46,719 Speaker 1: your back to them and walk away. But it's one 631 00:36:46,760 --> 00:36:48,920 Speaker 1: of the most kind of powerful moments that you can 632 00:36:48,960 --> 00:36:50,680 Speaker 1: have in a courtroom. You know, when you go to 633 00:36:50,680 --> 00:36:52,480 Speaker 1: the zoo and you turn your back to like all 634 00:36:52,520 --> 00:36:54,400 Speaker 1: the monkeys, and they get mad like that's kind of 635 00:36:54,400 --> 00:36:59,279 Speaker 1: what walking the dog is like. And hour after hour, 636 00:36:59,600 --> 00:37:02,000 Speaker 1: coach it was puts her team through a crash course 637 00:37:02,080 --> 00:37:04,799 Speaker 1: on trial techniques. So if you get somebody on the 638 00:37:04,840 --> 00:37:07,680 Speaker 1: stand who says, well, Sally told me that Billy Bob 639 00:37:07,719 --> 00:37:10,279 Speaker 1: told her objection your honor, hearsay within hearsay, may we 640 00:37:10,280 --> 00:37:13,480 Speaker 1: approach all in the service of building a stronger case 641 00:37:13,719 --> 00:37:16,640 Speaker 1: for the Battle of the experts competition. You're on her 642 00:37:16,680 --> 00:37:19,919 Speaker 1: under federals of evidence in the process knocking the South 643 00:37:20,000 --> 00:37:23,000 Speaker 1: Dakota nice out of her young lawyers on the team. 644 00:37:23,120 --> 00:37:27,000 Speaker 1: Why is it unfairly prejudicial? Why is that the case? 645 00:37:27,880 --> 00:37:31,360 Speaker 1: Explain it? Draw it for me in crayons if you 646 00:37:31,440 --> 00:37:36,600 Speaker 1: freaking have to, But explain it. If it's egregious, if 647 00:37:36,600 --> 00:37:41,439 Speaker 1: it touches upon a fundamental right, in particular, if we're 648 00:37:41,480 --> 00:37:44,360 Speaker 1: in Battle of the experts and justin hears them say that, 649 00:37:44,400 --> 00:37:47,319 Speaker 1: the defendant for sure is going to say something. He's 650 00:37:47,360 --> 00:37:50,120 Speaker 1: gonna be up off of his chair having a heart attack, 651 00:37:50,320 --> 00:37:51,960 Speaker 1: but he's going to make the objection to make sure 652 00:37:51,960 --> 00:37:55,560 Speaker 1: that it's on the record. Because fundamental rights, constitutional issues, 653 00:37:55,600 --> 00:37:57,560 Speaker 1: things that could get people into prison if we were 654 00:37:57,560 --> 00:37:59,719 Speaker 1: in real life. You gotta be mad about that, and 655 00:37:59,719 --> 00:38:02,200 Speaker 1: you got to be big man. You've got to say 656 00:38:02,200 --> 00:38:03,600 Speaker 1: that it's wrong, and you've got to call it out 657 00:38:03,640 --> 00:38:08,680 Speaker 1: for being wrong. When I was getting ready to do 658 00:38:08,760 --> 00:38:12,040 Speaker 1: my first ever jury address as a prosecutor, I asked 659 00:38:12,080 --> 00:38:15,680 Speaker 1: my supervisor, who had been doing it for a decade plus, 660 00:38:15,800 --> 00:38:17,600 Speaker 1: I said, this is a stupid question, but what am 661 00:38:17,600 --> 00:38:19,960 Speaker 1: I supposed to be tomorrow when I give this opening? 662 00:38:20,000 --> 00:38:21,520 Speaker 1: And he said, what do you mean? I said, I 663 00:38:21,560 --> 00:38:23,520 Speaker 1: don't know, Like, what's the vibe? What am I trying 664 00:38:23,560 --> 00:38:25,680 Speaker 1: to do? My trying to be tough guy or cool 665 00:38:25,800 --> 00:38:29,239 Speaker 1: or what? And he said, Look, as the prosecutor, your 666 00:38:29,320 --> 00:38:32,759 Speaker 1: job is two things. To be clear and credible, and 667 00:38:32,880 --> 00:38:35,839 Speaker 1: that's it. Leave the dramatics to the defense lawyer. Leave 668 00:38:35,880 --> 00:38:38,880 Speaker 1: the pounding of the podium and the clever stories to 669 00:38:38,920 --> 00:38:41,719 Speaker 1: the defense lawyer. That's not for you. Your job is 670 00:38:41,760 --> 00:38:44,080 Speaker 1: a stand up in front of that jury to be 671 00:38:44,200 --> 00:38:46,840 Speaker 1: clear they understand what your case is about. And to 672 00:38:46,920 --> 00:38:50,880 Speaker 1: be credible. They believe you, they believe our evidence. That's it. 673 00:38:51,560 --> 00:38:53,600 Speaker 1: I was once told a friend of mine said, I 674 00:38:53,640 --> 00:38:55,719 Speaker 1: figured out your style. I said, okay, what is it? 675 00:38:55,719 --> 00:38:59,000 Speaker 1: He said, your Jersey conversational. I'm from New Jersey. And 676 00:38:59,040 --> 00:39:00,880 Speaker 1: I said, oh, I don't know that he meant it 677 00:39:00,880 --> 00:39:02,399 Speaker 1: as a compliment. I think he meant it like I'm 678 00:39:02,400 --> 00:39:05,480 Speaker 1: not super intellectual. But I said, perfect, that's great. That's 679 00:39:05,480 --> 00:39:07,880 Speaker 1: what I want to be. Part of the beauty of 680 00:39:07,920 --> 00:39:10,640 Speaker 1: our jury system is. I think people tend to think 681 00:39:10,640 --> 00:39:13,760 Speaker 1: our jury system is mechanical or mathematical, but in fact, 682 00:39:14,040 --> 00:39:18,000 Speaker 1: every judge instructs every jury use your common sense, use 683 00:39:18,040 --> 00:39:21,080 Speaker 1: your good everyday common sense that you use every day 684 00:39:21,080 --> 00:39:22,800 Speaker 1: out there, and and it can really resonate with the 685 00:39:22,880 --> 00:39:26,960 Speaker 1: jury and you say, why would this defendant take this action? Look, 686 00:39:27,040 --> 00:39:29,200 Speaker 1: you all know, you're all human beings. You've all been 687 00:39:29,200 --> 00:39:32,839 Speaker 1: in scenarios where someone has insulted you. You know how 688 00:39:32,840 --> 00:39:35,319 Speaker 1: that maybe made you feel that you didn't act on it, 689 00:39:35,400 --> 00:39:38,360 Speaker 1: but he did. You know, you can use common sense 690 00:39:38,400 --> 00:39:40,840 Speaker 1: type arguments like that, and it's part of the beauty 691 00:39:40,840 --> 00:39:42,840 Speaker 1: of our jury system, and it can be quite effective 692 00:39:42,840 --> 00:39:51,160 Speaker 1: in advocacy. Back in San Antonio, the team piles into 693 00:39:51,200 --> 00:39:54,799 Speaker 1: Andy's car. They're not searching for facts, They're hunting down 694 00:39:54,840 --> 00:39:57,959 Speaker 1: snacks brain food for a tournament that will stretch over 695 00:39:58,160 --> 00:40:02,520 Speaker 1: three marathon days. Yeah, my grandmother calls it cheap, cheap, 696 00:40:03,320 --> 00:40:10,400 Speaker 1: it's better than and calls it him. Okay, it's so focused. 697 00:40:10,760 --> 00:40:16,279 Speaker 1: We need energy drinks. I probably want to try about Okay, 698 00:40:16,280 --> 00:40:17,759 Speaker 1: we need them for tomorrow because we're not gonna have 699 00:40:17,800 --> 00:40:20,080 Speaker 1: time to kind of energy drink. I gotta probably get 700 00:40:20,120 --> 00:40:22,680 Speaker 1: like the double shot espressos from Starbucks, like like like 701 00:40:23,000 --> 00:40:25,160 Speaker 1: like a pack of them. We also need like snatter 702 00:40:25,560 --> 00:40:29,160 Speaker 1: because we need Yeah, we need water bottles. We need 703 00:40:29,200 --> 00:40:33,360 Speaker 1: to haul all the water when I go home. This 704 00:40:33,600 --> 00:40:39,440 Speaker 1: is what I missed the most, ya for sure. Okay, 705 00:40:39,560 --> 00:40:43,840 Speaker 1: so Jasmine wants I want the little I do the 706 00:40:43,920 --> 00:40:46,600 Speaker 1: double shot ones or I mean their triple shot but 707 00:40:46,640 --> 00:40:50,279 Speaker 1: I'll be bouncing off the freaking walls and that you 708 00:40:50,360 --> 00:40:52,719 Speaker 1: just get me alive by one out year. Yeah, the 709 00:40:52,760 --> 00:40:57,640 Speaker 1: triple shot ones. There you go, all right, I think 710 00:40:58,160 --> 00:41:00,919 Speaker 1: I got snacks, We got drinks ready to go. Yeah, 711 00:41:01,800 --> 00:41:05,200 Speaker 1: you want to get your opening right now? What here 712 00:41:05,200 --> 00:41:10,360 Speaker 1: in everybody do it? You can do anywhere, You can 713 00:41:10,400 --> 00:41:12,040 Speaker 1: do it anywhere else on our way to get over 714 00:41:12,120 --> 00:41:15,960 Speaker 1: your fears. Then just stay in the day. You can 715 00:41:16,000 --> 00:41:21,120 Speaker 1: get it for something to get to be true or not. Yeah, 716 00:41:21,120 --> 00:41:23,960 Speaker 1: I don't need a compa no, like like you want 717 00:41:24,040 --> 00:41:25,880 Speaker 1: me to do an hour or not? I want used 718 00:41:25,880 --> 00:41:28,960 Speaker 1: to do it at the hotel top and get animated. 719 00:41:29,000 --> 00:41:31,200 Speaker 1: I'm I'm a rant on all the things and be like, 720 00:41:31,280 --> 00:41:43,759 Speaker 1: get Mike, I didn't even that it was my car. 721 00:41:58,480 --> 00:42:03,880 Speaker 1: Come on, coach, Jason Goss is waiting at the hotel. 722 00:42:04,640 --> 00:42:06,520 Speaker 1: So the way, the way that it was described in 723 00:42:06,560 --> 00:42:09,400 Speaker 1: the coaches meeting is not if you plan to use 724 00:42:09,400 --> 00:42:12,040 Speaker 1: any character evidence of Tommy, if you plan to use 725 00:42:12,120 --> 00:42:18,799 Speaker 1: any character evidence at all for any witness my entire 726 00:42:18,880 --> 00:42:24,080 Speaker 1: nae Patrick Across right. Well, so you know the idea 727 00:42:24,280 --> 00:42:26,520 Speaker 1: is and what they were talking. So Jason, how do 728 00:42:26,600 --> 00:42:30,239 Speaker 1: you help these students just get over their nerves? You 729 00:42:30,360 --> 00:42:33,000 Speaker 1: know what I always tell them is you're gonna You're 730 00:42:33,000 --> 00:42:35,320 Speaker 1: gonna have it like it just it's there, Like I 731 00:42:35,440 --> 00:42:38,800 Speaker 1: used to throw up for these things, always did, and 732 00:42:38,880 --> 00:42:40,480 Speaker 1: I don't now. But I'll tell you what I mean. 733 00:42:40,560 --> 00:42:45,439 Speaker 1: I tried a hundred fifty cases and I will still 734 00:42:46,120 --> 00:42:49,200 Speaker 1: feel so nervous every time I do an opening or 735 00:42:49,239 --> 00:42:53,960 Speaker 1: every time I do across examination. So you know, I 736 00:42:54,000 --> 00:42:55,600 Speaker 1: don't really know how to tell them because it's kind 737 00:42:55,600 --> 00:42:58,719 Speaker 1: of how they do it. I'll tell you that. Tomorrow 738 00:42:59,120 --> 00:43:03,160 Speaker 1: the first round, we are going against University of Chicago, Kent. 739 00:43:04,400 --> 00:43:07,120 Speaker 1: So those are your advocates, those are your witnesses. You 740 00:43:07,239 --> 00:43:10,160 Speaker 1: can't get noticed any My coach before me, that was 741 00:43:10,200 --> 00:43:13,279 Speaker 1: coaching this team before me, and I remember telling there like, 742 00:43:14,320 --> 00:43:16,560 Speaker 1: these kids are, they're not ready. They don't know what 743 00:43:16,640 --> 00:43:19,120 Speaker 1: they're doing, you know, like she said, it's it's weird. 744 00:43:19,239 --> 00:43:22,279 Speaker 1: But right when the competition starts, like whatever, it is, 745 00:43:22,360 --> 00:43:24,160 Speaker 1: all that stuff you told them, it just kicks in 746 00:43:24,480 --> 00:43:27,240 Speaker 1: and then they just go and they do it. Tomorrow, 747 00:43:27,520 --> 00:43:29,879 Speaker 1: they're gonna amaze and astonished. They're gonna be great because 748 00:43:29,880 --> 00:43:31,919 Speaker 1: they're gonna take those nerves or whatever, and they're gonna 749 00:43:31,920 --> 00:43:33,680 Speaker 1: be on stage and they're gonna be ready to go 750 00:43:33,760 --> 00:43:37,640 Speaker 1: and they're going to deliver her. Like any collegiate athlete, 751 00:43:37,960 --> 00:43:40,440 Speaker 1: these law students have something to prove on the field 752 00:43:40,480 --> 00:43:44,279 Speaker 1: of play. The battle starts in one day, and on 753 00:43:44,400 --> 00:43:47,279 Speaker 1: top of all of the legal strategy, there's another major 754 00:43:47,320 --> 00:43:52,160 Speaker 1: stress factor. These trials are held on zoom and this year, 755 00:43:52,480 --> 00:43:55,279 Speaker 1: the second year of the pandemic, stakes are higher for 756 00:43:55,480 --> 00:44:01,640 Speaker 1: mastering the technology. Yeah, last year it was old webcams, 757 00:44:02,280 --> 00:44:08,839 Speaker 1: bad internet bedrooms, and here we've got like really nice cameras. 758 00:44:09,920 --> 00:44:14,080 Speaker 1: This is Bill Murray from South Dakota. You're on in 759 00:44:14,200 --> 00:44:17,600 Speaker 1: a moment to situate myself in the well of the courtroom. 760 00:44:19,200 --> 00:44:21,680 Speaker 1: So this is us right now present, and we go 761 00:44:21,800 --> 00:44:27,880 Speaker 1: to screen share. Already got anything that publish mission published, 762 00:44:27,880 --> 00:44:30,920 Speaker 1: and we I think they need to click through it 763 00:44:31,360 --> 00:44:35,080 Speaker 1: instead of waiting. We've got some whiting. We're going to 764 00:44:35,120 --> 00:44:38,719 Speaker 1: be in the courtroom. It's almost set up for the competition, 765 00:44:39,239 --> 00:44:41,600 Speaker 1: so I think the school has had some more time 766 00:44:41,680 --> 00:44:44,439 Speaker 1: to prepare for it. You know, there's been a whole 767 00:44:44,560 --> 00:44:48,040 Speaker 1: year of zoom trials, so they've had time to think 768 00:44:48,080 --> 00:44:52,200 Speaker 1: about it and the best way to go forward? Can 769 00:44:52,280 --> 00:44:54,520 Speaker 1: we run through the motions once of like where we 770 00:44:54,560 --> 00:44:58,840 Speaker 1: would be motion and lemon a and then I just 771 00:44:58,920 --> 00:45:02,319 Speaker 1: don't like how switch it out? Well, let's let's run 772 00:45:02,360 --> 00:45:04,160 Speaker 1: it quick. Grady, do you want to go in there 773 00:45:04,280 --> 00:45:09,839 Speaker 1: with this laptop? And then Rose you're presiding. So now 774 00:45:09,880 --> 00:45:11,759 Speaker 1: all of our teams will be using this set up 775 00:45:12,080 --> 00:45:15,640 Speaker 1: for all the competitions and hopefully we're back in person 776 00:45:15,760 --> 00:45:18,799 Speaker 1: next spring, but if not, we've got a very nice 777 00:45:18,800 --> 00:45:22,319 Speaker 1: setup going forward. Okay, so I'll be given the motion 778 00:45:22,400 --> 00:45:25,120 Speaker 1: and lemonade. So I'm gonna be giving it from the 779 00:45:25,239 --> 00:45:31,520 Speaker 1: Williams in the room, granted obviously, so state ready to proceed, 780 00:45:32,080 --> 00:45:38,600 Speaker 1: permission to prepare the well, your honor, thank you, your honor, 781 00:45:38,960 --> 00:45:42,840 Speaker 1: nothing further, and then turn off my camera. Maybe I 782 00:45:42,840 --> 00:45:47,080 Speaker 1: would unplug this and I'll do my direct they'll do 783 00:45:47,200 --> 00:45:51,000 Speaker 1: their cross. I'll be seated here. This video quality right 784 00:45:51,120 --> 00:45:53,080 Speaker 1: this video quality right here not the same as the 785 00:45:53,160 --> 00:45:55,560 Speaker 1: video quality that we haven't here. That's gonna be too 786 00:45:55,640 --> 00:45:57,360 Speaker 1: much of a difference. But if we have a setup 787 00:45:57,400 --> 00:45:59,160 Speaker 1: in Yere so that we have that quality camera and 788 00:45:59,280 --> 00:46:05,640 Speaker 1: here I'm mine and I will stop my bidge, it's 789 00:46:05,719 --> 00:46:10,920 Speaker 1: equally as tense inside that hotel room in San Antonio. Okay, 790 00:46:11,000 --> 00:46:15,040 Speaker 1: So right now we're setting up the witness rooms. So 791 00:46:16,080 --> 00:46:18,840 Speaker 1: we have to set up the backdrops and the cameras 792 00:46:18,880 --> 00:46:23,839 Speaker 1: and the microphones in the rooms of the team members 793 00:46:23,840 --> 00:46:29,800 Speaker 1: who will be witnessing in this competition. Every little detail matters, 794 00:46:30,280 --> 00:46:34,320 Speaker 1: the lights, the cameras, the backdrops, even the makeup and 795 00:46:34,480 --> 00:46:37,800 Speaker 1: hand movements. If you can see it on zoom, chances 796 00:46:37,840 --> 00:46:42,440 Speaker 1: are you're going to be judged on it. So John 797 00:46:42,560 --> 00:46:46,800 Speaker 1: has built this like contraption that's gonna hold up the 798 00:46:46,840 --> 00:46:55,759 Speaker 1: back drops that another one of our classmates made. It's 799 00:46:55,760 --> 00:46:58,279 Speaker 1: supposed to look like wood. It's like a wooden back drop. 800 00:46:58,360 --> 00:47:00,840 Speaker 1: It has the skills of justice in the middle of 801 00:47:00,880 --> 00:47:03,959 Speaker 1: a little circle. Um, how would you describe it, John, 802 00:47:04,520 --> 00:47:08,279 Speaker 1: So it's a piece of vinyl that's wrapped around a 803 00:47:08,400 --> 00:47:12,319 Speaker 1: frame built of pbc uh imprinted on. There is wood 804 00:47:12,360 --> 00:47:15,920 Speaker 1: paneling with the scales of justice kind of like superimposed 805 00:47:15,960 --> 00:47:17,759 Speaker 1: on it, kind of like you would see in the 806 00:47:17,800 --> 00:47:21,320 Speaker 1: wood paneling in the back of like a courtroom or 807 00:47:21,520 --> 00:47:24,440 Speaker 1: like an office space. I just gonna get all these 808 00:47:24,480 --> 00:47:28,360 Speaker 1: sprinkles out, so it's gonna be behind the advocate and 809 00:47:28,520 --> 00:47:31,399 Speaker 1: so the advocate if the advocates right here, I'm gonna 810 00:47:31,480 --> 00:47:34,040 Speaker 1: hang or put the ring light up, which I can 811 00:47:34,080 --> 00:47:37,680 Speaker 1: do actually behind you see what I'm saying, because that 812 00:47:37,840 --> 00:47:40,040 Speaker 1: ring light also has a spot on it before the 813 00:47:40,080 --> 00:47:46,440 Speaker 1: camber to screw. And we went through our defense case 814 00:47:47,280 --> 00:47:52,680 Speaker 1: opening of defense, our crosses than we did our direct examinations, 815 00:47:53,239 --> 00:47:57,040 Speaker 1: and Andy closed on defense and kind of got some 816 00:47:57,120 --> 00:48:01,839 Speaker 1: more stylistic feedback Like for my any Coach Stewart told 817 00:48:01,880 --> 00:48:04,480 Speaker 1: me that I can bring it up a notch and 818 00:48:04,600 --> 00:48:07,800 Speaker 1: my energy maybe like sound a little more powerful, and 819 00:48:08,800 --> 00:48:11,719 Speaker 1: also she wants me to move around more. I have 820 00:48:11,840 --> 00:48:15,320 Speaker 1: to do less because it's like stop doing this with 821 00:48:15,440 --> 00:48:18,600 Speaker 1: your hands. I was like, I just want to emphasize 822 00:48:18,960 --> 00:48:21,320 Speaker 1: it's like teetering on jazz hands because I'm like, there's this, 823 00:48:21,760 --> 00:48:24,359 Speaker 1: there's that, like there's like explosions coming out of your hands, 824 00:48:24,400 --> 00:48:26,440 Speaker 1: and then this is just like you're thinking, we have 825 00:48:26,520 --> 00:48:28,440 Speaker 1: a thought. You're think it's like you're pulling like a 826 00:48:28,680 --> 00:48:31,240 Speaker 1: like a little band between your hands, like you're exercising 827 00:48:31,280 --> 00:48:34,520 Speaker 1: your forearms or something. We've got a feedback, Like one 828 00:48:34,560 --> 00:48:38,000 Speaker 1: of the judges commented on a girl's eyelashes and her hair. 829 00:48:38,880 --> 00:48:43,600 Speaker 1: You have to be like very very natural, natural makeup. 830 00:48:44,200 --> 00:48:49,720 Speaker 1: That's what they want for sure. Hair tucked back because 831 00:48:49,840 --> 00:48:51,960 Speaker 1: last year my coach she was like you have gray hair, 832 00:48:52,560 --> 00:48:55,040 Speaker 1: which is true, thank you um, but he was like, 833 00:48:55,200 --> 00:48:57,360 Speaker 1: you need to like move it from your face. You 834 00:48:57,400 --> 00:48:59,719 Speaker 1: don't need to have it blocking your your face because 835 00:48:59,719 --> 00:49:04,720 Speaker 1: it's just tracting and natural makeup. No heavy eyes, shadows, nails, 836 00:49:04,800 --> 00:49:10,080 Speaker 1: need to be professional, nude, nothing crazy with the clothes, 837 00:49:10,320 --> 00:49:12,480 Speaker 1: just like blue or black suits and then like a 838 00:49:12,520 --> 00:49:16,160 Speaker 1: white top. They had to prove like our outfit. They 839 00:49:16,239 --> 00:49:20,520 Speaker 1: even approved our other advocates tie. He's had to send 840 00:49:20,600 --> 00:49:23,040 Speaker 1: his thie colors because you can't have something too distracting 841 00:49:23,480 --> 00:49:25,719 Speaker 1: because they know, like the judges will be like, I 842 00:49:25,840 --> 00:49:28,040 Speaker 1: hate that Tie, I hate you, Like it's over for us. 843 00:49:28,120 --> 00:49:35,920 Speaker 1: So we got we're not going to sleep tonight. Um 844 00:49:36,040 --> 00:49:39,719 Speaker 1: texting my nail guy because he's like, next, we're all 845 00:49:39,880 --> 00:49:45,640 Speaker 1: right here. I love this man. I do the only 846 00:49:45,680 --> 00:49:48,600 Speaker 1: thing left to do in South Dakota. I am a 847 00:49:48,960 --> 00:49:53,239 Speaker 1: bundle of nerves. Besides the usual panicking is to fuel 848 00:49:53,360 --> 00:49:56,680 Speaker 1: up for the brutal days that law ahead. I'm feeling 849 00:49:56,719 --> 00:49:59,520 Speaker 1: pretty good. I think we're ready to go. I'm ready 850 00:49:59,560 --> 00:50:04,160 Speaker 1: for some pasta tonight and then then we're ready to roll. 851 00:50:06,120 --> 00:50:12,360 Speaker 1: It's LaCOSA noodles like La Cosa Nostra. Rose makes this 852 00:50:12,560 --> 00:50:16,000 Speaker 1: like infamous pasta sauce and you can like smell it 853 00:50:16,080 --> 00:50:18,279 Speaker 1: through the school whenever she she brings it. So she 854 00:50:18,440 --> 00:50:22,880 Speaker 1: made that sauce for a team dinner tonight before competition, 855 00:50:23,640 --> 00:50:28,239 Speaker 1: and Bill calls them look coastra and noodles. I make 856 00:50:28,360 --> 00:50:31,600 Speaker 1: comematee spaghetti sauce. It's one of my ways of decompressing 857 00:50:31,640 --> 00:50:34,560 Speaker 1: and de stressing and I was also couring and blanching 858 00:50:34,560 --> 00:50:37,000 Speaker 1: a hundred and seventy nine pounds worth it tomatoes, and 859 00:50:37,120 --> 00:50:39,319 Speaker 1: so I have fast tracked some of that to make 860 00:50:39,400 --> 00:50:41,640 Speaker 1: homemade spaghetti sauce. We're gonna have a spaghetti dinner because 861 00:50:41,719 --> 00:50:44,759 Speaker 1: it just felt appropriate. With the fact matter. It's kind 862 00:50:44,800 --> 00:50:48,360 Speaker 1: of an insane time. Everything gets a little discombobulated. Everything 863 00:50:48,440 --> 00:50:50,560 Speaker 1: is a little stressful, everything is a little bit heightened. 864 00:50:50,800 --> 00:50:52,640 Speaker 1: But it's also a lot of fun. But what I'm 865 00:50:52,680 --> 00:50:55,399 Speaker 1: most looking forward to is regardless of if it's Bill 866 00:50:55,480 --> 00:50:57,640 Speaker 1: or Bailey, whichever one of them first gets to say 867 00:50:57,680 --> 00:50:59,759 Speaker 1: you're on, or a moment to prepare the well and 868 00:51:00,160 --> 00:51:02,120 Speaker 1: get up and stand and be in a poort room 869 00:51:02,200 --> 00:51:04,480 Speaker 1: and make an argument in front of people. That's what 870 00:51:04,560 --> 00:51:07,600 Speaker 1: I'm looking forward to. I think it's a ton of 871 00:51:07,719 --> 00:51:10,759 Speaker 1: fun just doing all of our run throughs with the team. 872 00:51:10,760 --> 00:51:14,360 Speaker 1: I've never competed, but it's fun watching a case come together, 873 00:51:14,480 --> 00:51:16,799 Speaker 1: and then it's fun listening to what someone else has 874 00:51:16,880 --> 00:51:20,160 Speaker 1: done and then flipping it on them. I mean, it 875 00:51:20,440 --> 00:51:22,400 Speaker 1: sounds a little like mean, but it's fun to just 876 00:51:22,520 --> 00:51:35,560 Speaker 1: tear something apart. I'm aunt, and here's why I'm aunt. Guys, 877 00:51:35,920 --> 00:51:40,040 Speaker 1: you're ready. You're absolutely ready for this. There is nobody 878 00:51:40,120 --> 00:51:42,000 Speaker 1: who's going to be able to know this fact pattern 879 00:51:42,040 --> 00:51:44,040 Speaker 1: as thoroughly as you know this fat pattern. There is 880 00:51:44,160 --> 00:51:46,040 Speaker 1: nobody who has come back and to put in the 881 00:51:46,120 --> 00:51:49,200 Speaker 1: amount of hours outside of typical practice time that you 882 00:51:49,320 --> 00:51:51,720 Speaker 1: guys have. Rely on that and rely on your knowledge. 883 00:51:51,719 --> 00:51:53,399 Speaker 1: You guys are ready to go. They'll let the bells 884 00:51:53,400 --> 00:51:55,319 Speaker 1: and whistles worry. We're about to screw some people over 885 00:51:55,360 --> 00:51:57,360 Speaker 1: big time, and I cannot wait to watch what happens. 886 00:51:58,719 --> 00:52:10,920 Speaker 1: That's next time. Class Action. Class Action is a production 887 00:52:11,080 --> 00:52:16,120 Speaker 1: of I Heart Radio and Sound Argument, Created, produced, written, 888 00:52:16,280 --> 00:52:21,400 Speaker 1: and edited by Kevin Huffman and Lisa Gray. Executive producers 889 00:52:21,600 --> 00:52:26,719 Speaker 1: are Taylor Chacogne and Katrina Norvell. Additional story production by 890 00:52:26,880 --> 00:52:33,000 Speaker 1: Jennifer Swan, Kristin Cabrera, Jason Foster, and Wendy Nardi. Sound design, 891 00:52:33,320 --> 00:52:37,400 Speaker 1: editing and mixing by Evan Tyre and Taylor chakogn This 892 00:52:37,560 --> 00:52:41,720 Speaker 1: episode had additional field production by Kristen Cabrera, Paul Ebson, 893 00:52:41,880 --> 00:52:47,960 Speaker 1: Alfredo de la Garza, and Malia Lukomski. For more podcasts 894 00:52:48,120 --> 00:52:51,040 Speaker 1: from I Heart Radio, visit the I heart Radio app, 895 00:52:51,400 --> 00:52:54,680 Speaker 1: Apple Podcasts, or wherever you get your favorite shows