WEBVTT - Ep4: The Battle of the Experts 0:00:02.480 --> 0:00:05.200 Class Action is a production of I Heart Radio and 0:00:05.320 --> 0:00:10.319 Sound Argument. I went to Catholic school my whole life. 0:00:11.039 --> 0:00:13.720 It's meaningful in this in the sense that I told 0:00:13.720 --> 0:00:15.880 Sister Grace a few days ago that I wasn't quite 0:00:15.920 --> 0:00:19.880 sure why God brought me to St. Mary's. And this 0:00:19.960 --> 0:00:22.639 year has been very special in the sense that not 0:00:22.840 --> 0:00:26.560 only mock trial has showed me that that's why I'm here, 0:00:26.640 --> 0:00:29.760 because of this team, this aj and and Coach Goss. 0:00:29.760 --> 0:00:32.360 They're all so phenomenal at what they do. But I 0:00:32.440 --> 0:00:34.720 definitely think it was God's way of bringing me back 0:00:34.760 --> 0:00:40.040 to my religion. Hi him, Mariolencinis. So I'm helping with 0:00:40.080 --> 0:00:42.480 the flowers. We just set up the masks, I set 0:00:42.520 --> 0:00:45.480 up the candles, volunteer stuff. The judges will get robed 0:00:45.479 --> 0:00:49.000 and be ready, so we's kind of preparing last minute things. 0:00:49.440 --> 0:00:50.960 This morning I was at work and I had to 0:00:51.000 --> 0:00:53.120 finish up numbering all the banners to make sure that 0:00:53.159 --> 0:00:56.640 they were already and just the finishing touches. That's about it. 0:01:00.520 --> 0:01:03.600 So the Red Mass is an ancient tradition that started 0:01:03.600 --> 0:01:07.800 back in in Paris, and it basically marks the beginning 0:01:07.880 --> 0:01:10.480 of the academic and the judicial year and it's a 0:01:10.520 --> 0:01:14.400 way for us to pray for the administration of justice 0:01:14.400 --> 0:01:18.520 that's going to occur in this next judicial year. Red 0:01:18.600 --> 0:01:22.360 Mass at St. Mary's is a huge deal. You're gonna 0:01:22.400 --> 0:01:26.720 get your banner, You're going to process in. Are you 0:01:27.000 --> 0:01:33.560 a representative candle part Catholic Lawyer's Guild of San Antonio, St. 0:01:33.600 --> 0:01:42.240 Mary's University law Alumni, standic Law roses in Memoriam. So 0:01:42.360 --> 0:01:45.680 everybody in the league organization's the different courts in San 0:01:45.680 --> 0:01:48.720 Antonio and in Bear County, they all come in with 0:01:48.760 --> 0:01:51.520 a banner, and so like the San Antonio Bar, San 0:01:51.520 --> 0:01:55.680 Antonio Chapter of the Federal Bar, San Antonio Young Lawyers Association, 0:01:55.960 --> 0:02:00.160 San Antonio's Mexican Bar Association, each league organization has their 0:02:00.200 --> 0:02:03.160 own representatives. And that's been pretty neat to see how 0:02:03.200 --> 0:02:06.320 excited they are for Red Mass. We asked one of 0:02:06.320 --> 0:02:09.040 our deans to hold the mace in the beginning and 0:02:09.919 --> 0:02:12.040 she was like, I've always wanted to do it, Like 0:02:12.120 --> 0:02:36.280 I'm so excited. Yeah, right now Red Mass that's started 0:02:36.360 --> 0:02:59.600 and the procession of the banners is happening. Clarity Prescient 0:03:00.000 --> 0:03:08.760 A Mangler Marion Us, Sister Grace, thank you for making 0:03:08.800 --> 0:03:13.200 a special this celebration of the Mass, as we pray 0:03:13.320 --> 0:03:17.760 to the Holy Spirit to make of all of us, 0:03:17.840 --> 0:03:24.720 all of us servant leaders. The purpose of this red 0:03:24.840 --> 0:03:30.280 mass is clear enough. It invokes God's guidance and the 0:03:30.400 --> 0:03:35.480 strength during the court term to come. We're wearing at 0:03:35.520 --> 0:03:41.200 the liturgical red signifies the willingness to defend the truth 0:03:41.760 --> 0:03:46.240 inspired by the Holy Spirit and for the nation. Although 0:03:46.440 --> 0:03:51.640 human law may hopefully preserve us from anarchy, it is 0:03:51.680 --> 0:03:55.880 not enough to wind up our country's wounds. And we 0:03:55.960 --> 0:04:03.160 know it, and not only the country, the state we're seeing. 0:04:15.000 --> 0:04:17.600 Just a few weeks after the start of the fall semester, 0:04:18.120 --> 0:04:21.960 the first big national trial competition, the Battle of the Experts, 0:04:22.040 --> 0:04:26.960 is about to get under way. I'm Katie Fang. This 0:04:27.360 --> 0:04:36.560 is class action the Battle of the Experts episode four, 0:04:39.400 --> 0:04:42.919 with the COVID nineteen Delta variants sweeping through college campuses. 0:04:43.320 --> 0:04:47.680 This will be a virtual competition. A quick summary the cases, 0:04:48.000 --> 0:04:51.320 let's say, very similar to the murder depicted in the 0:04:51.360 --> 0:04:56.760 movie Goodfellas. This case file is the prosecution of the 0:04:56.839 --> 0:05:01.039 Joe Pesci character for all intents and purposes. So the 0:05:01.080 --> 0:05:04.960 fact pattern in this mob case, Billy Cafilero, the made 0:05:05.040 --> 0:05:08.719 member of the Mafia is beaten in a Pennsylvania bar 0:05:08.920 --> 0:05:13.400 and then later stabbed to death and buried. Prosecutors accused 0:05:13.480 --> 0:05:17.120 Joe Pesci, I mean Tommy Santa Suso, of murder in 0:05:17.160 --> 0:05:22.080 the first degree. I am a huge mob movie mob 0:05:22.120 --> 0:05:26.159 TV show fan. My name is Phil pascuarelo Um, the 0:05:26.520 --> 0:05:30.280 tournament director for the Battle of the Experts. On the 0:05:30.360 --> 0:05:33.520 other side of the case, we've got the bartender who 0:05:33.600 --> 0:05:35.440 was in the bar that night and heard the insult, 0:05:35.839 --> 0:05:38.440 and we've got a mafia expert who's gonna say this 0:05:38.520 --> 0:05:41.320 murder just doesn't really add up as it relates to 0:05:41.360 --> 0:05:43.120 the rules of the mafia. Doesn't seem like the government 0:05:43.120 --> 0:05:45.520 story makes a whole lot of sense. It's the first 0:05:45.520 --> 0:05:48.480 tournament of the season. I wanted my school in this 0:05:48.520 --> 0:05:52.320 tournament to be opening day. I am really excited to 0:05:52.839 --> 0:05:54.560 be at the coaches meeting with all the coaches and 0:05:54.600 --> 0:05:58.960 say welcome to the two thousand two season. All the 0:05:59.000 --> 0:06:01.160 directors and coach and the students are junkies for this. 0:06:01.320 --> 0:06:04.839 They love this stuff. These are the sixteen teams, in 0:06:04.880 --> 0:06:11.679 no particular order. Baylor Law School, Quinnipiac Law, Chicago, kant Law, Peace, 0:06:12.360 --> 0:06:20.000 American Nova, Southeastern South Carolina, St. Mary's Temple, South Dakota, 0:06:20.760 --> 0:06:27.360 U c l A, U C Berkeley, Stetson Pacific, McGeorge, Cumberland, 0:06:28.240 --> 0:06:34.240 and University of Eilamo Chicago. John Marshall, why are you 0:06:34.279 --> 0:06:37.880 looking at what? Oh? I was saying? Were you asking me? 0:06:38.480 --> 0:06:45.279 I don't know she was? That was everybody. St. Mary's 0:06:45.320 --> 0:06:50.120 mock trial team is wide awake, overcaffeinated. In fact, they're 0:06:50.200 --> 0:06:52.920 hunkered down at a hotel in San Antonio and are 0:06:53.000 --> 0:06:57.320 operating on fairy little sleep. Coach Jason Goss fills them 0:06:57.360 --> 0:07:00.200 in on what happened at the tournament's coaches meeting last night. 0:07:00.960 --> 0:07:04.080 Here's the whole power pair. So this is power payer 0:07:05.000 --> 0:07:08.520 every round except for the first round. The first round 0:07:08.560 --> 0:07:10.920 was a challenge round, which we actually didn't get challenged, 0:07:11.280 --> 0:07:13.360 which you know what that means. They're scared of me. 0:07:14.520 --> 0:07:21.760 I'm just kidding, need to do it. Nobody wanted, So 0:07:22.600 --> 0:07:24.480 we ended up being just the last one is left 0:07:24.520 --> 0:07:28.520 that nobody challenged. And so that's that's cool. You know, 0:07:28.640 --> 0:07:30.160 that's cool because you had like the U c l 0:07:30.200 --> 0:07:34.760 As in the world and everybody else U c l A, Temple, Baylor, 0:07:35.240 --> 0:07:39.280 those are the perennial mock trial powerhouses. St. Mary's ranks 0:07:39.320 --> 0:07:41.320 near the middle of the pack, but this is a 0:07:41.360 --> 0:07:45.360 new season and upsets can happen. Trout Team captain Andy 0:07:45.440 --> 0:07:48.880 Viskara and Jasmine ole Gaen are the team's top guns. 0:07:51.600 --> 0:07:54.160 There's a lot going on today and we didn't have 0:07:54.160 --> 0:07:57.000 backdrops aust here and Cole and mad the other like 0:07:57.080 --> 0:08:01.840 brands making you to this. Jasmine's like freaking out, man, 0:08:01.880 --> 0:08:03.440 I need you to get into defense mode that you 0:08:03.520 --> 0:08:06.080 did last night. For No. Andy, I'm here for you 0:08:06.120 --> 0:08:11.840 because you're doing the most right now. Okay, which one 0:08:11.960 --> 0:08:14.680 is it? Why is no one answering my question? No, 0:08:14.880 --> 0:08:17.400 it's right here. Any one oh six? My team is 0:08:17.440 --> 0:08:25.360 one of six outstanding. We started. They send me a script. 0:08:25.400 --> 0:08:28.120 Want to make sure I use this s correct? The 0:08:28.200 --> 0:08:32.000 judge is already logged in and waiting. I'm I'm really 0:08:32.000 --> 0:08:34.320 supposed to say hi everyone. We're waiting on a few 0:08:34.360 --> 0:08:39.320 people just started defense yet from the defense Good morning her? 0:08:39.600 --> 0:08:44.320 Were you waiting on us? Yes, we are both here. 0:08:44.400 --> 0:08:49.160 We're ready to proceed. Round one. St. Mary's University versus 0:08:49.240 --> 0:08:58.280 the University of Illinois Chicago. Everyone's here. If we just 0:08:58.440 --> 0:09:03.160 see the message and get started it. My name is 0:09:03.559 --> 0:09:07.760 let's call lady to be Thomas Santa Suso. My name 0:09:07.920 --> 0:09:11.199 is Judge Mark Alman. Good morning, your honor. My name 0:09:11.240 --> 0:09:13.599 is Anna Rosen Alasco, and today I'm here with my 0:09:13.679 --> 0:09:17.480 co counsul. Good morning, your honor. I am Carol for 0:09:17.640 --> 0:09:23.520 Bolli and we are representing the prosecution. Okay, good morning, 0:09:23.520 --> 0:09:25.600 your honor. My name is Andy Vascara, and I, along 0:09:25.640 --> 0:09:27.640 with my co counsel and Miss Jasmine O Gene, represent 0:09:27.679 --> 0:09:31.880 the defendant, Mr Thomas Santa Suso in today's proceedings. Defending 0:09:32.000 --> 0:09:35.360 Annie homicides suspect is the top of the game in 0:09:35.400 --> 0:09:39.560 criminal law. It'll take years for Andy and Jasmine to 0:09:39.600 --> 0:09:42.000 get enough experience to take on this kind of legal 0:09:42.000 --> 0:09:45.440 work in the real world, but you've got to start somewhere, 0:09:45.559 --> 0:09:50.280 and why not in mock trial. Andy comes out swinging 0:09:50.280 --> 0:09:52.720 in the pre trial, making sure the rights of Tommy 0:09:52.720 --> 0:09:57.760 Santa Suso are not trampled by an overzealous prosecutor. Yes, 0:09:58.280 --> 0:10:00.880 we previously stipulated that no nick names will be used 0:10:01.120 --> 0:10:03.800 to describe any of the parties today, So no nicknames 0:10:03.840 --> 0:10:08.600 like Tommy two Guns, Santa Suso or Crazy Tommy Trials, 0:10:08.679 --> 0:10:12.600 Like you're on fire, everything around you's on fire. People 0:10:12.600 --> 0:10:16.040 are throwing fire at you, but our coaches teaches how 0:10:16.080 --> 0:10:20.840 to like put those out. And lastly, our motion would 0:10:20.840 --> 0:10:25.080 be to exclude Mr Santa Suso's criminal record in today's proceedings. 0:10:25.320 --> 0:10:28.520 As they are past acts or wronks, then it should 0:10:28.520 --> 0:10:32.360 be excluded in today's proceedings. So like something's coming at you, 0:10:32.520 --> 0:10:34.880 you like move, that's coming at you, move, but it's 0:10:34.920 --> 0:10:38.120 all happening at the same time. Let a grant the 0:10:38.160 --> 0:10:40.400 motion of limiting uh if you can let the proper 0:10:40.400 --> 0:10:43.559 product if you get into that. And isnt that no 0:10:43.720 --> 0:10:47.920 mentioned in his power involvement? Yes, sah. So you kind 0:10:47.920 --> 0:10:49.560 of feel like you're in the matrix and it's really 0:10:49.559 --> 0:10:51.679 really cool once you get in it. At first, when 0:10:51.679 --> 0:10:54.120 they throw you in there, you're like, I'm gonna die. 0:10:54.240 --> 0:10:57.480 Everything is lit up and I'm going to burn here. 0:10:57.960 --> 0:10:59.480 And then you kind of get taught how to put 0:10:59.520 --> 0:11:02.680 up the flights, which is cool. Some people were like, ah, 0:11:02.720 --> 0:11:05.040 that sounds amazing, idrying to learn about. Other people were like, 0:11:05.040 --> 0:11:07.080 I'd like to be the administrative branch of this team 0:11:07.120 --> 0:11:09.000 that like just watches you people, and I was like, 0:11:09.160 --> 0:11:13.040 got it, that's great. It's not for everyone, all right, 0:11:16.480 --> 0:11:18.880 it doesn't matter if you're in a game or the map. 0:11:19.000 --> 0:11:24.160 Yeah it does. During the six minute opening by the prosecution, 0:11:24.800 --> 0:11:28.040 jasmintal Game is taking notes and trying to get her 0:11:28.040 --> 0:11:31.839 mind right. First thing in the morning, I always your 0:11:31.840 --> 0:11:34.840 prayer in the morning. I recently just lost a friend, 0:11:35.559 --> 0:11:39.520 best friend actually, and it was a really hard year 0:11:39.600 --> 0:11:42.680 for me, and I just really like relied on my 0:11:42.760 --> 0:11:47.560 faith this past year. It's been difficult in school. Like 0:11:47.800 --> 0:11:49.320 my friend he actually asked me, he was like, do 0:11:49.360 --> 0:11:52.360 you ever have doubts of your your faith and stuff? 0:11:52.400 --> 0:11:54.439 And I was like, no, Like I have no doubts 0:11:54.480 --> 0:11:57.160 because some of the things that have happened to me, 0:11:57.280 --> 0:11:59.440 like when you're at the lowest, you're like, there's no 0:11:59.559 --> 0:12:02.840 coming up from this, absolutely not, and God is just 0:12:02.960 --> 0:12:07.480 They're like I've thought a lot about my faith recently too, 0:12:07.480 --> 0:12:09.480 because I don't want to just like be praying and 0:12:09.520 --> 0:12:12.160 saying the same things. I've been also trying to be 0:12:12.240 --> 0:12:14.840 more like real every time I pray and really be 0:12:14.960 --> 0:12:18.120 thoughtful about what I'm saying, not just say the same 0:12:18.160 --> 0:12:19.480 thank you for this, thank you for that like I 0:12:19.520 --> 0:12:22.319 always do, like I'm trying to be more, like I'm 0:12:22.320 --> 0:12:26.400 thankful that I'm doing my dream job that I've always wanted. 0:12:26.840 --> 0:12:33.640 Like things like that, Yes, your honor, maybe proceed. Some 0:12:33.840 --> 0:12:39.000 things are too good to be true. And today the 0:12:39.120 --> 0:12:43.439 Commonwealth has brought before you something that looks like a present. 0:12:44.040 --> 0:12:47.960 But after today's case, we will unwrap that box and 0:12:48.000 --> 0:12:50.960 remove the nice little bow on the top, and you 0:12:51.040 --> 0:12:55.600 will see that that box is not a case. It's 0:12:55.720 --> 0:13:01.360 Nick Patrick, a liar, a drug dealer, and her. It's 0:13:01.360 --> 0:13:05.160 a Tuesday afternoon on Pietro Lane, And as you're walking 0:13:05.200 --> 0:13:08.760 down the road, the smell of spaghetti is lingering it 0:13:08.800 --> 0:13:11.880 in the air. And as you enter the first restaurant, 0:13:11.920 --> 0:13:16.240 you're right, Tommy greets you, and Tommy walks you over 0:13:16.280 --> 0:13:19.079 to the booth. He takes your order, and he goes 0:13:19.120 --> 0:13:22.360 to the kitchen. He wants to make sure the chefs 0:13:22.360 --> 0:13:27.280 are following his mother's Sicilian recipes. Tommy a few years 0:13:27.280 --> 0:13:34.480 ago opened his dream authentic Italian restaurant, Santa Suso's. But 0:13:34.640 --> 0:13:39.240 Santa Suso's it's more than just a restaurant. You also 0:13:39.320 --> 0:13:43.400 hear from mac Ledesma, Mr La Desma is an expert 0:13:43.440 --> 0:13:46.640 in organized crime. He knows the way the mafia thinks. 0:13:47.120 --> 0:13:49.880 He knows the way the mafia works, and he can 0:13:49.920 --> 0:13:53.680 walk you through how a few insults, a few jokes, 0:13:54.440 --> 0:14:00.400 that's not a reason it kills somebody. But money, drugs, 0:14:00.400 --> 0:14:04.560 that's more than enough that all will link to Mr Patrick. 0:14:05.520 --> 0:14:10.160 Today you will see that the forensics, the fingerprints, the 0:14:10.240 --> 0:14:13.320 d n A, and how it only links to one person, 0:14:14.480 --> 0:14:20.120 Mr Patrick, the common weelfare's the burden to prove beyond 0:14:20.120 --> 0:14:24.200 a reasonable doubt that Mr Santa Suso killed Mr Cafilero, 0:14:25.280 --> 0:14:28.320 and they will not meet this burden. Today. We will 0:14:28.360 --> 0:14:31.200 ask that you return the only just verdict there is 0:14:32.040 --> 0:14:39.400 and find Mr Santa Suso not guilty. And right on cue, 0:14:39.600 --> 0:14:43.440 the prosecution calls Nick Patrick, it's star witness, to the 0:14:43.480 --> 0:14:47.560 stand for his direct examination. Witnesses on direct are nearly 0:14:47.640 --> 0:14:51.800 always played by students of the same team. This Nick 0:14:51.800 --> 0:14:54.600 Patrick is about to break the code of silence and 0:14:54.640 --> 0:14:59.840 read out, Tommy Santa Suso, what did us at Billy 0:15:00.000 --> 0:15:04.040 of the outside to go out of smoke? We went outside, 0:15:04.120 --> 0:15:07.000 We walked up by the alley, We turned the corner 0:15:07.120 --> 0:15:10.320 and then there was Tommy right, Harry fark Bliss. What 0:15:10.480 --> 0:15:13.680 did the defendant do? Then he started being a hiss 0:15:13.720 --> 0:15:17.840 outability punching him, thrun him into the ground, kicking him. 0:15:17.880 --> 0:15:20.000 At one point you got on top of him and 0:15:20.040 --> 0:15:22.680 then grabbed his head and was smashing it into the ground. 0:15:23.600 --> 0:15:27.560 Billy was leading real bad And did you agree to 0:15:27.560 --> 0:15:32.000 help him get rid of the body? Well, yeah, what 0:15:32.040 --> 0:15:37.200 was I supposed to do? Getting people to flip is 0:15:37.240 --> 0:15:38.840 really the name of the game when it comes to 0:15:38.880 --> 0:15:41.200 the mob. That is how you're gonna make your big cases. 0:15:41.240 --> 0:15:44.359 I got pretty good at it. My name is Elijnig. 0:15:44.400 --> 0:15:48.360 I spent fourteen years as a prosecutor. Yes, they literally 0:15:48.440 --> 0:15:50.760 swear a blood oath when they become members of the 0:15:50.800 --> 0:15:53.960 BOB and they swear to omerta, which is the Italian 0:15:53.960 --> 0:15:56.920 word for silence. That said, they will flip if you 0:15:57.040 --> 0:15:58.800 charge them with the murder and they're looking at life 0:15:58.800 --> 0:16:01.320 behind bars. They'll if they've had a falling out with 0:16:01.360 --> 0:16:03.760 the family, if they've been here's a term shelved, the 0:16:03.840 --> 0:16:07.400 meaning sort of suspended without pay, they'll flip. If they 0:16:07.440 --> 0:16:09.920 have a beef going with somebody else, another term, they're 0:16:09.920 --> 0:16:13.240 a dispute. They will flip. So the biggest and best 0:16:13.240 --> 0:16:16.480 cases I made were based on cooperation, on flipping people 0:16:16.480 --> 0:16:19.640 and getting them to break through that code of silence, 0:16:19.680 --> 0:16:23.640 that code of loyalty. So the mob presence looms large 0:16:23.640 --> 0:16:26.880 at these cases and it really can either help or 0:16:26.960 --> 0:16:33.720 hurt the prosecution or the defense. It's yours, your Patrick. 0:16:33.760 --> 0:16:38.240 How old are your kids? Excuse me, your kids? They're 0:16:38.240 --> 0:16:43.840 still young, yes, and they've grown up in this world 0:16:43.880 --> 0:16:49.880 of yeah, I love you too, Yes, your honor. This 0:16:49.920 --> 0:16:52.040 line of questioning, if we may be heard outside the 0:16:52.040 --> 0:16:57.400 presence of the jury. Sure, I normally don't back down 0:16:57.400 --> 0:17:00.400 from an objection, which is half the game and trial, 0:17:00.440 --> 0:17:03.240 Like you cannot be rattled. B Are you meditative because 0:17:03.280 --> 0:17:05.919 you know your client's going to jail, Do it and 0:17:06.040 --> 0:17:07.760 let them worry about it if they're going to object 0:17:07.840 --> 0:17:11.720 or not, Like, just punch it. This line of questioning 0:17:11.800 --> 0:17:14.919 is relevant as Mr Patrick has a big deal to 0:17:14.960 --> 0:17:17.679 testify for the Commonwealth in today's case. Now, part of 0:17:17.720 --> 0:17:21.160 that deal is that he and his family get witnessed protection, 0:17:21.480 --> 0:17:24.040 they get relocated to a new place to start their 0:17:24.080 --> 0:17:27.000 life far away from the mafia. The relevance of this 0:17:27.040 --> 0:17:30.480 line of questioning is testing Mr Patrick's motive to testify 0:17:30.520 --> 0:17:32.600 on the stand today and as such as testing his 0:17:32.680 --> 0:17:36.280 bias and his credibility which is always relevant. Um, is 0:17:36.280 --> 0:17:40.240 it true that Mr Pratfick's doing act saw and his 0:17:40.320 --> 0:17:45.760 family he is, But I still wouldn't understand the age 0:17:45.760 --> 0:17:48.199 of his children having anything to deal with this or 0:17:48.240 --> 0:17:51.520 anything along that line, Your Honor, I can respond if 0:17:51.560 --> 0:17:54.680 if you need me to, Yes, Your Honor, at the 0:17:54.720 --> 0:17:56.560 point of the age of his children is just to 0:17:56.640 --> 0:17:59.520 show that Mr Patrick still has young children and they've 0:17:59.560 --> 0:18:01.879 grown up up in the world of the mafia. So 0:18:02.080 --> 0:18:04.159 part of this deal is that his young children no 0:18:04.240 --> 0:18:06.320 longer have to grow up in the world of the mafia. 0:18:06.480 --> 0:18:09.000 And it goes to his deal today to testify for 0:18:09.040 --> 0:18:11.880 the Commonwealth in exchange for that witness protection for him 0:18:11.920 --> 0:18:14.000 and his family. Again, Your Honor, a ghost through his 0:18:14.080 --> 0:18:17.240 motive to testify on the stand, to his bias as 0:18:17.240 --> 0:18:22.280 a witness and his credibility which is always relevant. Man, 0:18:22.359 --> 0:18:27.440 Your Honor, Jesus Scratch broke an overall objection. The Commonwealth 0:18:27.480 --> 0:18:30.399 in their cooperation agreement with you, offered you and your 0:18:30.440 --> 0:18:34.760 family witness protection. If I at that prect now I 0:18:34.760 --> 0:18:39.080 want to talk to you about June eleven. Now, you 0:18:39.440 --> 0:18:43.400 exited the bar with Billy Cafirero that night, right, Yes, 0:18:44.280 --> 0:18:48.119 And you went out into the valley, yes, both me 0:18:48.200 --> 0:18:51.639 and Billy. And you loaded Mr Cafaliro's body into the 0:18:51.640 --> 0:18:55.040 trunk of your car. Correct, it was your car and 0:18:55.119 --> 0:19:00.000 not Mr Santa Susso's where Billy's bloody body was Correct, 0:19:00.040 --> 0:19:03.040 it was wrapped. But yes, So part of your cooperation 0:19:03.080 --> 0:19:05.880 agreement with the Commonwealth is not that you were an 0:19:05.880 --> 0:19:08.840 accomplice to the murder of Billy Cathiro. Is that your 0:19:08.840 --> 0:19:14.760 testimony today? No, that's right, and as an accomplice, you 0:19:14.760 --> 0:19:18.439 would agree with me that you were hard. It is 0:19:18.480 --> 0:19:24.160 not enough to be learned jurists and skill practitioners. Your 0:19:24.280 --> 0:19:31.200 people need understanding and love. The wounds and the suffering 0:19:31.359 --> 0:19:38.720 is deep. What then, does this demand of you? And 0:19:38.880 --> 0:19:46.960 returned to the biblical vision of justice, Shaw's showed the 0:19:47.240 --> 0:19:54.879 people in society that there is another way to serve. 0:19:56.119 --> 0:20:01.639 Your commitment to God's justice makes demands on you. It 0:20:01.800 --> 0:20:06.000 is not enough to be incorrupt, to go to your 0:20:06.040 --> 0:20:13.520 people with clean hands. Those guns mostly oh stretched will 0:20:13.560 --> 0:20:19.359 be right back after the break. While the St. Mary's 0:20:19.400 --> 0:20:22.439 team is scoring points, with the judges up north, the 0:20:22.480 --> 0:20:25.280 squad from the University of South Dakota is getting hyped 0:20:25.440 --> 0:20:29.000 getting here. I'm glad you're president awake. Did you have 0:20:29.000 --> 0:20:32.920 your nap this morning? I'm sure you did. Okay, these 0:20:32.960 --> 0:20:38.399 are law students, not football players. Do we need to 0:20:38.400 --> 0:20:44.240 make sure that here's the deal? As of ten thirty, 0:20:44.320 --> 0:20:46.600 the moment you speak to another competitor, you can no 0:20:46.640 --> 0:20:50.399 longer talk to me until the round is concluded. For 0:20:50.480 --> 0:20:53.760 coach Laura Rose, the battle of the experts is the 0:20:53.800 --> 0:20:57.280 first chance to finally get her team into the wind column. 0:20:57.880 --> 0:21:01.159 Her school is ranked dead last among all of the 0:21:01.160 --> 0:21:04.960 tournament's competitors. What I expect to happen this morning for 0:21:04.960 --> 0:21:07.879 them to see a very intelligent, very well compared, and 0:21:07.920 --> 0:21:11.240 well coached Berkeley team. I think that the evidentiary arguments 0:21:11.240 --> 0:21:13.639 are going to be on point. If Bailey stays calm 0:21:13.640 --> 0:21:15.800 and remembers that she does actually know what she's talking about, 0:21:15.840 --> 0:21:20.159 will be fine. You've got this, Bailey. Stand firm on 0:21:20.200 --> 0:21:23.880 your knowledge, right, stand firm on your preparation. Don't worry 0:21:23.920 --> 0:21:26.199 about the individual components of it. Right now, you know 0:21:26.280 --> 0:21:29.080 how to flow with this. Stressing yourself out and gonna 0:21:29.080 --> 0:21:31.600 do you any favors. You're a monster. Get in there 0:21:31.600 --> 0:21:34.000 and destroy people, guys. Blood makes the grassgrow, Like I'm 0:21:34.040 --> 0:21:36.400 not kidding, it's it's it's time. You'll put in the work. 0:21:36.400 --> 0:21:39.800 You're ready for it. Everything else is just gravy at 0:21:39.800 --> 0:21:45.960 this point, it's just complete nerves and jitters. For me, 0:21:46.040 --> 0:21:49.680 at least, I'm Bailey more of it. And I am 0:21:49.720 --> 0:21:54.639 a third year law student. Justin I are arguing first today, 0:21:55.119 --> 0:21:57.679 and I think that we're so ready, We've got our 0:21:57.720 --> 0:22:00.960 case prepared. But these past couple of days it's been 0:22:01.000 --> 0:22:04.359 like just the most anticipation I think I've ever felt 0:22:04.560 --> 0:22:14.000 in law school. Round one, South Dakota versus you see Berkeley. 0:22:14.560 --> 0:22:17.280 All right, everybody's here. We just received the message. It started. 0:22:17.640 --> 0:22:20.600 Let's call the case of Commonwealth of Pennsylvania versus Thomas 0:22:21.040 --> 0:22:24.600 Santa SUSO. All right, and the bench counsel, would you 0:22:24.640 --> 0:22:26.800 like to make appearances for the record. Yes, good morning, 0:22:26.840 --> 0:22:28.719 your honor. My name is Bailey Moore back along with 0:22:28.760 --> 0:22:35.200 my co counsel just in trying to name is Justin 0:22:35.240 --> 0:22:39.119 Peter right, co counsel for the defense. All right, thank you, 0:22:40.080 --> 0:22:45.359 UML now here, these children, I swear I don't know 0:22:45.400 --> 0:22:48.439 if you're more nervous. This is the first group of 0:22:48.480 --> 0:22:52.760 students to be trained in the quote Laura Rose system, 0:22:52.840 --> 0:22:55.080 and they've been taught to be more assertive in pre 0:22:55.160 --> 0:23:00.040 trial motions, to not give away any advantage. Become a 0:23:00.080 --> 0:23:02.800 walth has six to address. So first, your honor, we 0:23:02.840 --> 0:23:06.320 asked that all witnesses be constructively sworn in in sequestered 0:23:06.359 --> 0:23:09.080 per rule six O three. Suppose acounts a little gay 0:23:09.080 --> 0:23:12.959 with that, barely say no, come on, or we were 0:23:13.000 --> 0:23:16.679 under the impression that all witnesses will be present for 0:23:16.760 --> 0:23:21.200 the testimony of other witnesses, especially for the experts there, 0:23:21.320 --> 0:23:24.760 good girl, Um, your honor, it's stipulated to that all 0:23:24.760 --> 0:23:28.159 witnesses will be present for other witnesses testimony, So we 0:23:28.200 --> 0:23:30.760 ask that they all be present. So therefore we disagree 0:23:30.800 --> 0:23:37.640 to see questration. They've already thrown them. They've already thrown them. 0:23:37.840 --> 0:23:41.119 Burn of proof. Well, it's called proof beyond a reasonable doubt. 0:23:42.200 --> 0:23:45.000 And there are three things today that the Commonwealth must 0:23:45.000 --> 0:23:49.199 prove to you all beyond a reasonable doubt. First, they 0:23:49.280 --> 0:23:53.280 must prove to you that William Cafiro is dead. Over 0:23:53.320 --> 0:23:56.280 the next two hours, the South Dakota team does their 0:23:56.400 --> 0:23:59.680 level best to stick to the evidence and to avoid 0:23:59.720 --> 0:24:05.840 the strionics usually associated with defense attorneys. Second, they must 0:24:05.840 --> 0:24:09.239 prove to you that Thomas Santa Suso was the one 0:24:09.280 --> 0:24:12.840 who killed William Cafirero. And lastly, they must prove that 0:24:12.880 --> 0:24:16.760 Thomas Santa Suso acted with the intent to kill William Cafirero. 0:24:17.440 --> 0:24:20.600 As I just said, this is a case about opportunity, 0:24:20.760 --> 0:24:23.800 obvious misses, and desired outcomes. And in order to show that, 0:24:23.880 --> 0:24:27.480 today the Commonwealth is going to present you with two witnesses. 0:24:28.200 --> 0:24:31.800 You're going to meet Sergeant Rosh. You see, Sergeant Rosh 0:24:32.000 --> 0:24:38.200 is the over eager yet misguided investigator, and then you'll 0:24:38.200 --> 0:24:45.080 meet their star witness a cross examination. Come on, justin, Yes, 0:24:45.119 --> 0:24:51.840 your Ms Patrick, you just testified on direct examination that 0:24:52.040 --> 0:24:57.000 Tommy Santa Suso was boosting trucks after boos and cars Ridge. Yeah, yeah, 0:24:57.040 --> 0:25:02.800 that's true. I did. I think most people can have 0:25:03.320 --> 0:25:05.639 like a voice in the courtroom. They're just gonna kind 0:25:05.640 --> 0:25:09.879 of find what that is. I would say, I'm pretty direct. 0:25:10.080 --> 0:25:12.720 I would like I don't get very flowery, like I 0:25:12.800 --> 0:25:17.520 know Rose like she likes the fairy tale style themes, 0:25:17.520 --> 0:25:20.320 for something and that's not me. It would sound goofy. 0:25:20.320 --> 0:25:23.080 If I was talking about snow White and the Seven Dwarves, 0:25:23.480 --> 0:25:26.359 people would be like, what's wrong with this guy? This 0:25:26.520 --> 0:25:31.359 wasn't the first time you've attested to this. No, I 0:25:31.400 --> 0:25:33.960 think I said the same thing in the preliminary hearing. 0:25:34.000 --> 0:25:37.560 That's what I knew. That sounds right to be honest 0:25:37.560 --> 0:25:43.400 with you, and yo, yes, for sure. He just destroyed 0:25:43.440 --> 0:25:46.000 her credibility completely and totally. And now he gets into 0:25:46.000 --> 0:25:53.440 his planned questioning that was as smooth it South Dakota 0:25:53.840 --> 0:25:56.399 is up against a team with a much different style, 0:25:56.920 --> 0:26:02.280 more outgoing, more theatrical. At the heart of his murder 0:26:02.520 --> 0:26:08.240 was membership money. Oh you're on paper still first membership 0:26:08.320 --> 0:26:13.480 And see her looking down. She's gotten notes somewhere. Billy 0:26:13.560 --> 0:26:18.480 Capierro made a mockery of the defense. The stage is 0:26:18.520 --> 0:26:22.720 like a defense witness, so you'll hear from today. They 0:26:22.720 --> 0:26:27.560 are kept close given excuse me, favors, all in the 0:26:27.560 --> 0:26:32.080 hopes of producing loyalty to the battalitius. This theater stuff 0:26:32.080 --> 0:26:35.240 that you see leaking in it gets attention, but it's 0:26:35.280 --> 0:26:41.040 not litigating. It's not being a lawyer. I just heard 0:26:41.040 --> 0:26:46.760 some criticism in your voice about the theatricality that seems 0:26:46.800 --> 0:26:51.320 to be. It sounds like maybe more infused these days 0:26:51.440 --> 0:26:55.000 in terms of the mock trial competitions. I teach my 0:26:55.160 --> 0:26:59.840 students that trial is theater. I teach my students that 0:27:00.000 --> 0:27:04.119 at jurors and even judges are looking for some level 0:27:04.280 --> 0:27:08.439 of having their attention captured through the theatrics of what 0:27:08.600 --> 0:27:13.280 that trial is and what the facts are, etcetera. Am 0:27:13.359 --> 0:27:17.240 I wrong in that regard? No, I don't think. I 0:27:17.280 --> 0:27:19.200 don't think it's wrong to say that we steal from 0:27:19.240 --> 0:27:21.520 the art form of theater all the time. As trial ers. 0:27:21.760 --> 0:27:23.840