ANSWERS TO SUBSTANTIVE QUESTIONS Factual Questions 1. Is it ok to invent facts as to how and why Jamie Marshall and Mel Styles were arrested for prostitution and child pornography? PLEASE SEE RULES FOR THE COMPETITION REGARDING THE INVENTION OF FACTS. 2. The special instructions, number five, discuss the gender of the witnesses. The instructions state that all witnesses are gender neutral except Pat Marshall, Jaime Marshall, and Casey Marshal; however the gender of these witnesses is not listed. Can you please let us know what the gender is of Pat, Jaime, and Casey? THAT STIPULATION IS IN ERROR. NEUTRAL.
ALL WITNESSES ARE GENDER
3. In the statement of the case it says that during the traffic stop the officer noticed a gun in the car. Can you please clarify if the gun was seen before or after Jaime Marshall and Pat Marshall were asked to leave the car? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 4. In Jackie Collins statement, beginning at line 41, she states that she was told to go to the park; however it is unclear as to who told her. Can you please clarify who told her to go to the park? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 5. Was Jamie Marshall’s previous conviction for possession of child pornography a felony? Was Mel Style’s conviction a felony? BOTH CONVICTIONS WERE FELONIES. 6. Per Stipulations of Facts (#1), if Adams is called as a witness may Adams testify to the contents of the pictures and videos without actually producing the documents. THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 7. Will Adams be able to testify that his/her investigation has confirmed that the two children in the pornographic pictures and videos were the same ones given to Mel Styles
that night? Will Adams be able to name each of the children? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 8. Will Adams be able to describe factually the contents of the videos and pictures? Since Adams is able to discuss what the video and images depict it would appear that he/she should be able to do this. THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 9.
Why was Agent Adams discharged from the Marines?
THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 10. There is no detailed time frame of events on Patricia (Trinity). The only time and events indicated for the trip is from 1:50 am on 4/22, when Jamie purchases the .357 to approximately 11:00 pm on 4/23 when Casey Marshall receives a phone call from Jamie/Pat. This leaves a good 45 hours of undocumented time. Will there be more details and times of events such as the entering of the tent city, the preparing of the returning boat and even the boat voyage itself? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 11. According to Casey Marshall, he/she is arrested approximately 1 hour after he/she receives a phone call from Jamie/Pat on 4/23. This places the time of his/her arrest at about midnight between 4/23 and 4/24, yet Jamie and Pat are not stopped by the police until 11:30 pm. FBI agent Adams doesn't arrive on the scene until about 11:40 pm which if you take into account his testimony of bringing Jamie and Pat back to the station for questioning, would not give the police enough time to arrest Casey at midnight. Is this discrepancy deliberate or will it be corrected? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 12.
How old were the two older children that were given to Mel Styles?
THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 13. Can we assume that when Casey says that I listened and watched as Pat planned out the trip that she heard from Pat all the details of the conspiracy that she says she knows about?
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THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 14. What is the status of Jackie Collins? Is she still under arrest and charged with all the same charges as the Marshalls? JACKIE COLLINS REMAINS IN CUSTODY AND IS AWAITING TRIAL. COLLINS WAS CHARGED THE SAME AS THE DEFENDANT. 15.
How old is Jamie Marshall?
THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 16.
What month in 2005 was Agent Adams discharged from the Marines?
THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 17. What items were described in the search warrant and whether they might have read the Miranda warnings after the defendant was interrogated? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 18.
Was the defendant in custody at the time the statement was given?
THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 19.
Is Anders Avenue in Roberts Park or on the way?
THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 20. What evidence do we have that Mel Styles actually made the video with the Children in it? (It is stated that the video that verified the use of the two missing older kids in pornography was produced by Mel.) THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 21. King: How long have you been doing research involving the actions of abused and battered spouses and the criminal behavior element?
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THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 22. What is the established protocol for federal and local authorities working together in Panhandle? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 23. Line 65 page 16 testimony of Jamie Marshall....He referred to himself in the third person or was that meant to be Pat? THAT LINE SHOULD READ: “me and Pat and Casey.” Evidentiary Questions 1. The stipulation of facts number four states that the traffic stop was proper; however does this mean that the search that took place after the stop was also proper? Are we allowed to argue that the search was improper? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 2. Once the Doctor qualifies as a witness, may Pat still invoke any claim of Psychotherapist/Patient privilege? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 3.
Are all signatures authenticated? YES.
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Are Exhibit A and B pictures of the items, or are the actual items themselves? THEY ARE DEPICTIONS OF THE ITEMS.
5. Please identify what all of the exhibits are. It is unclear as to how they should be labeled and identified. THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 6. May the Defendant use the statements he/she made in the psychiatrist report (Dr. Jenkins) in his/her own testimony?
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THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 7. Can facts from the Statements of the Case, such as there being three boys and two girls between the ages of 9-15 taken from Trinity or that Jamie and Pat were stopped a mile away from the park, be used in witness testimony? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 8. The photographs of the pistol and the envelope of money are unmarked. Although the special instructions indicate that the exhibits are admissible pursuant to FRE 10011003, this still would not pass a chain of custody objection. Is a chain of custody objection to be excluded in the proceedings? THERE ARE NO CHAIN OF CUSTODY ISSUES IN THIS CASE THAT MAY BE RAISED. 9. What is the statutory definition of "Fraud" and "Coercion" in the second count charge, USC 1591(a) Sex Trafficking of Children? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 10. The Panhandle Police Dept. Disciplinary Report spells out that then officer Adams has "Two" Level 1 and Level 3 Offenses but only a 1 is shown in the adjacent parenthesis and only one each is listed in the section below. Is this a typo? YES. THE REPORT SHOULD SHOW THAT OFFICER ADAMS HAD ONE “LEVEL 1” OFFENSE AND ONE “LEVEL THREE” OFFENSE, FOR A TOTAL OF TWO OFFENSES. 11. Was the chain of emails found at the Marshall home found on a computer or in hard copy? If it was found on a computer, which of the Marshall inhabitants owned the computer? If a hard copy was found somewhere in the house, specifically where was it found? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 12.
Can you use cite to cases and case law in the motions in limine? YES.
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13. Is it reasonable to infer from the facts that Jamie and Casey Marshall can authenticate by their testimony the email address of PatMarshallLaw@theword.com as Pat Marshall's email account? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 14. Exhibits A-H do not all seem to be evidence for the prosecution. A few seem to be evidence for the defense. Is this deliberate or an error? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 15. The special instructions state that aside from the Defendant, all individuals that are included or mentioned in the facts, but not listed as potential witnesses, are unavailable to testify at trial, pursuant to FRE 804. Does this mean those witnesses that are unavailable can have their statements admitted if it can be classified under an exception pursuant to FRE 804? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 16. Exhibit G: The double asterisks (**) appears only in the footnotes section and not in the body of the document. THE DOUBLE ASTERISK CORRESPONDS TO THE JUNE 15 OFFENSE. 17. The indictment for count one reads “to inveigle AND kidnap minors in interstate AND foreign commerce,” while the jury instructions read “inveigle OR kidnap minors, willfully transport then in interstate OR foreign commerce.” Can the indictment be reworded to include the word “or”? The indictment for count two reads “in interstate AND foreign commerce,” while the jury instructions read “interstate OR foreign commerce.” Can the indictment be reworded to include the word “or”? The indictment for count three reads “sold AND offered,” whereas the jury instructions read “sold OR offered.” Can the indictment be reworded to include the word “or”? BOTH THE INDICTMENT AND JURY INSTRUCTIONS ARE WORDED CORRECTLY. THE INDICTMENT CHARGES IN THE CONJUNCTIVE, BUT THE PROSECUTION MAY OFFER PROOF IN THE DISJUNCTIVE ON ANY GIVEN COUNT TO CONVICT ON THAT PARTICULAR COUNT. 18. If the “alleged kidnapper had the willingness and intent to use physical or psychological force to complete the kidnapping,” does the fact finder conclude it is more likely that the defendant committed inveigling, or does the information make inveigling less likely? How does the “ascertain[ment] of the fact cut?
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THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 19. Special Instruction #13 provides that the case comes to trial in 2010. Can you provide a date certain? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION. 20. Exhibit A depicts the gun and bullets together. Will we be permitted to redact one or the other out of the exhibit if a judge permits one and excludes the other? THE MOCK TRIAL REVIEW BOARD BELIEVES THE PROBLEM MATERIALS ARE SUFFICIENT TO ANSWER THIS QUESTION.
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