The Practice of Patience:The 2021 Florida High School Mock Trial

The Practice of Patience:

The 2021 Florida High School Mock Trial

by Judge David Langham, Deputy Chief Judge of Compensation Claims

Set in fictional Canton County Florida, the 2021 High School Mock Trial problem was replete with challenges. The defendant, Fran Lewis, was charged with murder. She was an environmental activist known for protesting against a local paper company. She also had a pending lawsuit alleging the plant’s pollution was responsible for Fran’s spouse’s death. Months before the murder, she had been overheard telling the victim s/he was “a dead man walking.”

The murder occurred on the paper company’s premises. To make matters worse for Fran, evidence at the crime scene included red spray paint spelling “pig” on a paper company window. This was similar to graffiti in a demonstration, to which Fran had pled guilty to months earlier. A spray can was found on the premises, with a fingerprint that matched Fran. And, on an adjacent logging road, there were foot prints and tire marks that matched Fran’s shoes and tires. There was also a witness that claimed to have seen the defendant at a convenience store close to the paper company around the time of death.

The defense was not without arguments. The security guard that found the body conducted an investigation while awaiting the police and might have had motive to implicate Fran. It was this security guard who located and pointed out the empty spray paint can to police. It was this security guard who enjoyed a promotion thereafter, taking over the decedents former job. The defense’s expert witness performed a volume of experiments, each discrediting the mere possibility that the eyewitness could have seen anyone at the convenience store under the conditions described.

The county sheriff had challenges as well. The sheriff had collected the evidence pointed out by the security guard and obtained warrants against the defendant. The sheriff’s sole suspect and focus was Fran. The sheriff was reputed to have a long standing feud with defendant and her family. Furthermore, the paper plant/victim was a major contributor to the sheriff’s election campaign. Fran’s mother testified about both the sheriff’s bias and provided a significant alibi for Fran.

In the First Judicial Circuit, we have had a Circuit competition for years. Teams progress from such competitions to the state and national level. Across the state, teams gathered in 2020 for the competition. However, in the immediate aftermath of the circuit competitions, COVID came to call. The state and national competitions were canceled. In the fall of 2020, many questioned the practicality and advisability of proceeding with the contest in 2021. A handful of intrepid volunteers perceived not obstacles, but opportunity.

Their collective decision was to hold the competition virtually, in reflection of what so many court systems had done before them. The First Circuit competition was the week or March 22, 2021, via Zoom. The competition had a fantastic group of presiding judges: Dr. Charlie Penrod, Hon. Jennifer Frydrychowicz, Hon. Michael Allen (Ret.), Hon. Gary Bergosh, Hon. Ross Bilbrey, Hon. Margret Kerr, Hon. Jonathan Walker, Hon. Amy Broderson and Hon. Kenneth Bell (Ret.). Six teams participated, and the results were Gulf Breeze High (1st), Navarre High School (2nd) and Pensacola Catholic (3rd).

The scoring and critique was provided by 16 local attorney volunteers: Hana Bilicki, Shekka Drayton, Jessica Etherton, Brenton Goodman, Alan LaCerra, Pamela Langham, Amanda Kidd, Patrick Martin, Aaron McCurdy, Travis Morock, Shannon Morris, Valerie Prevatte, Adam Royal, Tara Sa’id, Amy Shea and Bonnie Staples.

The teams gathered virtually the week of April 21 for the state competition. The First Circuit did well, with Gulf Breeze finishing 6th overall in the state. First place in the state went to Lakeland Christian, and St. Thomas Aquinas was second. However, the honors for best advocate in the state went to Gulf Breeze senior Margret Ann Vinson.

The innovation was inspiring. Organizers had digitized the ballot process, solicited volunteers, provided training and (wisely) recruited the young and technicallyabled to facilitate the virtual challenges. The competition was conducted with significant help from college students from FIU and FSU maneuvering competitors, coaches and time keepers into virtual rooms. Amazingly, a generation raised on in-person processes jumped in and provided an outstanding virtual experience for these exceptional students.

The First Circuit is grateful to the Escambia Santa Rosa Bar Association for logistical support. The Young Lawyers Division provides financial support that allows for use of the courthouse (in most years) and for trophies and other recognitions. The Bar’s support and participation is so critical and appreciated.