BHS Mock Trial Program

FACTS

On April 1, 2015, Kenny Gone, Cartman Shotem, Stan Lee and Kyle Watcher went to Kenny’s house to play video games, watch TV and "hang out." The 16-year-old boys had been friends for many years. They were all juniors at SouthParkHigh School and frequently visited each other’s homes. The TV at Kenny’s house was in the basement. Also in the basement was a gun cabinet where the Gone's kept their licensed hunting rifles.

Cartman Shotem opened the gun cabinet and took out one of the hunting rifles. He was examining the gun. Then he began to point and aim at various targets around the room such as the TV, the lamp and the couch. He asked Kenny if the gun was loaded and Kenny told him that it was not. Kenny asked Cartman to return the rifle to the cabinet, as Kenny knew he could get in a lot of trouble if anyone messed with his dad’s guns. Kyle and Stan also urged Cartman to return the gun to the cabinet.

At approximately 3:30 p.m. Cartman was aiming the gun at Kenny before he went to return it to the cabinet when he accidentally tripped on his shoelace. He was about to drop the rifle. Somehow he managed to catch it, but in doing so his finger hit the trigger. Suddenly, the gun discharged and Kenny was lying in a pool of blood. Cartman panicked, but Stan was able to call 911. The police arrived within five minutes followed by the rescue squad ambulance. The EMTs transported Kenny to North ParkHospital, but the wound to his stomach was so severe that he died from his injury 30 minutes after arriving at the hospital.

South Park Police conducted a thorough investigation that included taking witness statements, which are attached, and photos of Mr. Gone’s gun cabinet. On April 2, 2015, Cartman Shotem was arrested and charged with aggravated manslaughter pursuant to N.J.S.A. 2C:11-4(a)

WITNESSES

WITNESS STATEMENTS

Statement of Sonny Gone

My name is Sonny Gone. It was my son, Kenny, who was killed on April 1, 2015, right in our own basement. I had taken the day off work and went hunting with some friends. I was on my way home when my wife/husband called from work to tell me what happened. I rushed home and arrived just as Kenny was being taken to the hospital. I rode in the ambulance with Kenny and my wife/husband met us at the hospital.

I don’t know why Cartman would try to open the gun cabinet. That cabinet is always locked. There is a key lock on the door and I always lock it. I keep the key with me and it was with me that day. Kenny knows my rule; no one is allowed in the gun cabinet except me. Kenny knew better, he never would have let Cartman play with my guns. Cartman must have forced that cabinet open somehow. But, no matter what, he took my gun and killed my son. That’s manslaughter. Kenny was a good boy.

Statement of Stan Lee

My name is Stan Lee. I have been friends with Kenny and Cartman for six years. I was at Kenny’s house when the shooting took place on April 1, 2015.

Cartman had no business taking the gun out of the cabinet even if it was unlocked. Everyone told him to put the gun away even though Kenny told him it couldn’t be loaded. Cartman knew better than to play with guns. He knew Kenny’s dad would have a fit if anyone touched the guns. Cartman thought he was funny when he pretended to shoot the bookcase and the TV and shouted, "April Fools’!" Maybe at first it was a little funny, but when he started to aim the gun at Kenny, it scared us. He wouldn’t stop fooling around.

Finally, he went to put the gun back in the cabinet, but he tripped, probably because he was still goofing off. Suddenly the gun fired and Kenny was shot and just lying there. There was so much blood. Cartman killed Kenny!

I called 911 and told them someone had been shot. The police and ambulance arrived in five minutes. Everyone panicked. It’s hard for me to even look at Cartman. It’s his fault Kenny is dead.

Statement of Cartman Shotem

My name is Cartman Shotem. I went to Kenny’s house after school with Stan and Kyle on April 1, 2015. We were going to play video games in the basement. That’s where Mr. and Mrs. Gone keep the gun cabinet. They have several rifles because they like to hunt. My parents never liked me hanging out at their house because of the guns. Maybe that’s why I was so curious. Kyle, Stan and I used to talk a lot about wanting to feel those guns. They were curious, too. Anyway, that day I went to the cabinet and tried to open the door. And it opened just like that! It wasn’t locked! I know now that I shouldn’t have, but I took out one of the guns. Kenny said it couldn’t be loaded, and I had no reason not to believe him.

I was looking through the scope pretending that the couch, TV, bookcase and stuff were targets. I barely held the gun for two minutes. Then, as I was going to return it to the cabinet, I tripped on my shoelace. I must have hit the trigger when I went to grab the gun and stop it from falling. Man, that’s where I go blank. I heard the gunshot and I remember Kyle screaming, but I don’t remember anything after that. The police told me that Kenny had been hit in the stomach by the bullet and that he was dead.

I didn’t know the gun was loaded! I would do anything to change what happened. Why wasn’t the cabinet locked? Why wasn’t there a safety latch on the gun? It was just a horrible accident. I didn’t try to kill anyone! I didn’t mean to kill Kenny!

Statement of Kyle Watcher

My name is Kyle Watcher and I was at Kenny Gone’s house on April 1, 2015 with Stan and Cartman when the accident happened. That’s what it was an awful accident.

When Cartman took the gun, we were shocked that the cabinet was open! It was supposed to be locked. I don’t think Cartman ever thought there was a chance that the door would actually open like that. True, he shouldn’t have taken the gun out, and we all wish we could change that, but what was a loaded gun in an unlocked cabinet doing right by the TV and stuff?

I didn’t want Cartman to fool around with the gun, but there was no reason to worry because Kenny told him it wasn’t loaded. We all asked Cartman to put it away, and he was doing just that when he tripped and must have hit the trigger. Suddenly, Kenny was lying in a pool of blood. It all happened so fast. But Cartman is a victim, too. He never meant to hurt anyone, certainly he’d never hurt his good friend. It was just an awful accident.

INSTRUCTIONS

Work with your team to present an organized and coordinated case.

Your team must create one new witness for your side. This witness cannot determine the ultimate issue in the case. (i.e. cannot confess to the crime or say that they saw someone else do it) Your team must prepare a witness statement similar to the witness statements provided with this packet.

Each member of your team is required to prepare for each phase of the trial. A written copy of your teams opening statement, all direct examination questions, all cross examination questions and closing arguments will be due BEFORE YOUR TRIAL CAN BEGIN.

Please review your BHS Mock Trial Handbook for help during mock trial prep and ASK QUESTIONS. I am your free legal consultant.

Please review the evaluative criteria for each part of your team’s presentation. Your team and individual grades will be based on the evaluative criteria. See BHS Mock Trial Handbook

ISSUE

The Prosecution must establish that the actions of the defendant constitute a crime. Therefore, elements of a crime must be present. (Text page 77) Is Kenny’s death the result of an act of reckless manslaughter committed by Cartman Shotem or is Kenny’s death the result of an unfortunate accident with no criminal responsibility?

SUB-ISSUES

1. Was the gun cabinet locked?

2. Was the gun cabinet in a safe, secure place?

3. Did the guns require safety latches?

4. Why was the gun loaded?

5. Should Cartman be tried as an adult?

LEGAL CONCEPTS

1. The Bill of Rights- The first ten amendments to the U.S. Constitution which provide a shield against basic human rights violations. (Text page 45)

2. Presumption of innocence- A person is innocent until proven guilty in a court of law. A fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. The defendant has a Constitutional right to the presumption of innocence. (Text page 45)

3. Burden of proof- In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the accused "beyond a reasonable doubt," There is no burden on the defendant to prove innocence. The defendant has a Constitutional right to remain silent. (Text page 45)

4. Beyond a reasonable doubt- The standard of proof in a criminal trial which the prosecution must bear. To convict a person of a crime each member of the jury must be convinced that the defendant is guilty beyond a reasonable doubt or to "a moral certainty".

5. Credibility of witnesses- Witness testimony that is worthy of belief, based on competence of the witness and likelihood that it is true. The test of credibility is purely subjective.

6. Manslaughter- The killing of a person caused by the gross misconduct of another who engaged in an activity with unnecessarily high risk. Manslaughter is a crime of "general intent", resulting from extreme recklessness. Therefore, one who causes the death of another due to recklessness had a "general intent" to cause the injury. The law considers reckless behavior more blameworthy than ordinary negligence. .

7.New Jersey Law N.J.S.A. 2c:11-4(a) Criminal homicide constitutes aggravated manslaughter when the actor recklessly causes death under circumstances manifesting extreme indifference to human life.