The Mock Trial Script and Script Verdict Form
The Mock Trial Script and Script Verdict Form
The Mock Trial Script and Script Verdict Form
And Script
Verdict Form
IN THE CIRCUIT COURT OF VALENZUELA,
VALENZUELA CITY PHILIPPINES
Defendants:
INTRODUCTION
There are two types of legal proceedings that make up the justice system in the
Philippines .One involves CRIMINAL CASES in which the State is the PLAINTIFF and in
which the DEFENDANT is a person charged with having committed a CRIME. The other type
of case is what is known as a CIVIL CASE in which private persons, corporations, other legal
entities or even government agencies can be either the PLAINTIFF or the DEFENDANT and
which is a legal proceeding to resolve private disputes among the parties. Criminal cases always
involve allegations of crime. Civil cases involve private disputes such as claims that someone
breached a “CONTRACT,” or committed a “TORT” which is a claim against a person,
company, or someone else for injury to the plaintiff’s person or property. The case we are here
today on is a CRIMINAL CASE, in which the State has accused both Rafael Sanchez and Edna
Roldan of two (2) Counts, with Count I being the unlawful possession, sale, or distribution of
prescription drugs; and Count II, involuntary manslaughter.
JUDGE: Please be seated. Ladies and gentlemen of the jury, this is a criminal case alleging that
on May 10th, 2016, defendants Rafael Sanchez and Edna Roldan Illegally possessed, sold or
distributed a controlled substance, Ritalin, that is a central nervous system stimulant known as an
amphetamine; and that
they are also guilty of involuntary manslaughter as a result of giving some
of the medication to a friend who was then involved in an automobile
accident that caused her death. You will be instructed on the law at the
end of this case. You need to know from the outset, however, that it is up
to the state to prove, beyond a reasonable doubt, that each defendant is
guilty as charged in the INDICTMENT, based solely on the evidence you
will hear in this case, and not based on any preconceived notions of guilt
or innocence of the parties, or anything you may have read in the past
about Rafael Sanchez and Edna Roldan
JUDGE: The first part of the trial is what is called VOIR DIRE. Voir Dire means
“to speak the truth,” and it is the time of the trial when I must determine
whether or not each and every juror is free of prejudice and can render a
fair and impartial VERDICT based solely upon the evidence that they
hear in the case, not what they have heard or read in the media, or saw on
television, or may have heard by hearsay or gossip. Therefore, I first want
to know if any jurors have heard anything in the past, or read anything
about either Rafael Sanchez and Edna Roldan or this case?
JURORS: No, Judge. (If yes, raise your hand and tell the Judge what you
know.)
JUDGE: Is each and every juror here willing to take an oath, the highest form of
promise that a citizen can give, that they will render an impartial verdict
based solely on the evidence?
JUDGE: All right then, let me explain to the jury the different parts of a trial.
Because the state must prove guilt beyond a reasonable doubt, it is up to
the state to proceed first, so you will first hear the OPENING
STATEMENT of the State’s ATTORNEY; and then you will hear the
OPENING STATEMENT of the attorneys for Rafael Sanchez and Edna Roldan
After Opening Statements, you will then hear the state’s WITNESSES
and after that, either or both defendants may call any witnesses they
choose. Any witness called by any party may be cross-examined by any
other party. After you hear all of the evidence from the witnesses, you will
then hear the CLOSING ARGUMENTS ---first from the state’s attorney
and then from the attorneys for the defendants. After the CLOSING
ARGUMENTS are completed, I will give you INSTRUCTIONS ON
THE LAW to help guide you in your DELIBERATIONS.
Is the state ready to proceed?
STATE’S
ATTORNEY: Yes, Your Honor.
RAFAEL’S
ATTORNEY: Yes, you’re Honor.
STATE’S
ATTORNEY: Ladies and gentlemen of the Jury, in the opening statement it is my duty to tell
you what the evidence will be. I’ll tell you what we will prove. We
will prove that Rafael Sanchez and Edna Roldan (often referred to as Wizards
in Training) were considered pretty “cool.” They graduated from high
school just last year, had a lot of friends, dressed well, and seemed to be
the kind of young people who had everything going for them—everything,
that is, until May 10th, 2016. That’s when they found some prescription
medication at their own home called Ritalin, that was prescribed for their
little brother, John Sangal, who has Attention Deficit Disorder with
Hyperactivity (ADDH), which is a drug you can only get with a
prescription, and which is a type of drug, which you will hear referred to
during this trial, as an “amphetamine,” which acts as a stimulant to the
central nervous system.
Rafael talked Edna and her friend Donna Rose Soriano (better known as Harper
Winkle) into trying some of the amphetamine pills with him. Both of them
liked how the drugs made them feel—wide awake, and alert, and in the
mood to party all night! But as you will learn from the witnesses we will
call in this case, the effects of this drug---that feeling of alertness, of being
wide awake, can change in a moment to make you feel sleepy, groggy, like
your mind has become lost in a fog. It can affect your ability to drive a car,
or operate any other equipment or machinery. The unfortunate truth in this
case is that Donna Rose Soriano took this drug, after it was given to her by either Rafael or Edna
Roldan or both, and when after a night of partying she was
driving home, it made her drowsy. She fell asleep at the wheel and drove
her car off Wheeling Hill. And, most tragically, ladies and gentlemen of
the jury, she died from the injuries she sustained in that accident—all
because she made that bad decision to take someone else’s prescription
drugs.
But the most serious charge against the defendants in this case is that
either one of them or both of them distributed a quantity of this controlled
substance to Ms. Donna Rose Soriano, causing her death.
The Court will instruct you at the end of this case what constitutes the
charge of involuntary manslaughter. It is enough for you to know now that
if a person by negligent or unlawful conduct causes another person to die,
even if the person didn’t mean to cause harm to them, that person can be
found guilty of involuntary manslaughter. At the end of this trial, you will
agree that not only are Rafael and Edna guilty of possessing and
distributing this controlled substance to Jennifer Rock, they are both guilty
of involuntary manslaughter in causing the death of Jennifer Rock. Thank
you for your attention.
.
JUDGE: Counsel for Mr.Rafael Sanchez, you may proceed with your opening
statement.
EDNA’S ATTORNEY: Thank you Judge. Ladies and gentlemen of the jury, the evidence will
be that the State cannot prove that Mr. Sanchez took these pills in the first place and can’t prove
that he sold any to anyone. They can’t even prove
that he gave any to Donna Rose Soriano or Edna Roldan, or that it was this
prescription medication that caused Ms. Soriano to have the car accident that
night. They also cannot prove that Ms. Soriano even fell asleep at the wheel. What the evidence
will show is that amphetamines are stimulants, not depressants, so you must find Mr. Sanchez
not guilty of everything, because the state just can’t prove its case beyond a reasonable doubt.
JUDGE: Defense counsel for Ms.Roldan, you may give your opening statement.
RAFAEL’S
ATTORNEY: Now, ladies and gentlemen, Edna Roldan is not a drug dealer, she was just trying
to be one of the crowd by going along with her brother, Justin and trying one of the pills. She did
not give Donna Rose Soriano any of those pills—Rafael did. She loved Donna Rose who she
called Harper, like a sister. She
even tried to save her at the hospital with her wizard powers, but as you
will also sadly learn in this case, wizard powers are powerless against bad
decisions, or illegal drugs. Ladies and Gentlemen of the jury, Edna will
take the stand and admit in this case that she took one of the pills of her
brother’s medication; so she will essentially be admitting that she is guilty
of “possession” of an illegal drug. But she denies that she sold or
distributed any of this medication to her dear friend Donna Rose Soriano, and the evidence will
be that it was her brother, Rafael, who gave Donna Rose the
medication, and that the State will not be able to prove beyond a
reasonable doubt that Edna is guilty of anything except simple
“possession.”
STATE’S
ATTORNEY: The State calls Dr. Robert the Ohio
County Coroner.
CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth?
DOCTOR 1: I do.
STATE’S
ATTORNEY: Please state your name.
DOCTOR 1: My name is Doctor Robert
STATE’S
ATTORNEY: You are the coroner for Ohio County?
DOCTOR 1: I am.
STATE’S
ATTORNEY: And you did the autopsy on the body of Ms. Donna Rose Soriano after her death?
DOCTOR 1: Yes, I did.
STATE’S
ATTORNEY: What was the cause of her death?
DOCTOR 1: Massive internal injuries of a traumatic nature as a result of her single car
accident when she lost control and plunged over Wheeling Hill.
EDNA’S ATTORNEY: Objection, it has not been established that she lost control.
JUDGE: Overruled.
STATE’S
ATTORNEY: What else did your examination disclose?
DOCTOR 1: We also found that at the time of her death, she had prescription
medication in her blood—Ritalin, an amphetamine for the treatment of
ADDH, the same drug that was in the pill bottle recovered from Ms. Edna Roldan
after the accident.
STATE’S
ATTORNEY: Doctor, how do amphetamines affect the body?
DOCTOR 1: They generally are considered a stimulant, and they can help a person who
has been diagnosed with ADDH or certain other conditions focus their
attention better, but in some instances, especially when the effects of the
drug start to wear off, it can make users very sleepy, or groggy, and—
that’s why you usually see a warning on the label of the pill bottle that
says “do not drive or operate machinery while using this drug.” What
they say about amphetamines is that “What goes up must come down,”
and that the “up “feeling is not worth what they also call the “downer”—
the feeling of lethargy and mental fogginess that patients experience
afterward. And sadly, no amount of magic or wizardry is going to change
what science has taught us about the effects of this drug.
STATE’S
ATTORNEY: Do you have an opinion to a reasonable degree of certainty as to whether
the amount of that drug in Donna Rose Soriano’s body would have affected her
driving?
DOCTOR 1: Most definitely I have an opinion, and my opinion is “Most definitely” it would
have.
STATE’S
ATTORNEY: And do you have an opinion as to whether or not she became groggy or fell
asleep when she was driving?
EDNA’S ATTORNEY: Objection, the Doctor is not an expert in accident reconstruction, that
opinion would be highly speculative!
STATE’S
ATTORNEY: Judge, we will be calling a reconstruction expert.
STATE’S
ATTORNEY: No further questions.
EDNA’S ATTORNEY: Doctor, isn’t it true that you can’t say for sure that amphetamines
caused her to drive her car over Wheeling Hill?
DOCTOR 1: Nothing is for sure, but it is the most likely thing, unless there would be some
evidence that she drove off the hillside on purpose, of which there is
no evidence.
EDNA’S ATTORNEY: Well, you can’t even rule out that she may have gotten tired and fallen
asleep even without having taken this drug?
DOCTOR 1: Again, that is a possibility, but unlikely when we found the drug in her
system. Most probably it did affect her; and most probably it was the
cause of her erratic driving, and death.
STATE’S
ATTORNEY: We call the family doctor. (DOCTOR #2).
CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth?
STATE’S
ATTORNEY: Please state your name and occupation.
STATE’S
ATTORNEY: Let me show you the vial of pills recovered from Ms. Alex Wusso on the
evening of May 10th, 2016, when she and Rafael went to the
hospital after they heard of the accident involving Jennifer Rock. Did you
prescribe those pills, Doctor?
STATE’S
ATTORNEY: For whom did you prescribe them?
DOCTOR #2: They were prescribed for the younger brother of Justin and Alex, Max
Wusso, who was taking them for ADDH. See it has his name on the
bottle.
STATE’S
ATTORNEY: How many did you prescribe for him?
STATE’S
ATTORNEY: When was the prescription filled?
STATE’S
ATTORNEY: That means as of May 10th, when this accident happened, there should
have only been ten pills missing from the original 30 if only Max Wusso
was taking them as prescribed.
STATE’S
ATTORNEY: Can you tell us how many are in the container?
STATE’S
ATTORNEY: So there are approximately 15 missing that should be there.
STATE’S
ATTORNEY: Nothing further.
RAFAEL’S
ATTORNEY: No questions, your honor.
JUDGE: You may step down Doctor. Counsel, call your next witness.
STATE’S
ATTORNEY: State would call Ace_________(last name of student playing role).
JUDGE: Bailiff, please get Ace______ (last name of student playing role) and
bring him/her up to be sworn in.
CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth?
ACE: I do
STATE’S
ATTORNEY: Please state your name.
ACE: My name is Ace_____(name of student playing role), but you can call me
Ace.
STATE’S
ATTORNEY: What’s your occupation, Ace?
ACE: Accident Reconstruction expert. Been doing it for 20 years. Pretty good at
it too! That’s why they call me Ace!
STATE’S
ATTORNEY: Have you looked into the facts of this car accident?
STATE’S
ATTORNEY: And do you have an opinion as to how it happened?
STATE’S
ATTORNEY: What is your opinion, Ace?
ACE: No braking, no skid marks, car not going terribly fast, but enough to take
out the guard rail, no sign of trying to stop the car to avoid hitting the
guard rail at all—It would be my opinion that this person was not
consciously in control at the time of the accident—most likely fell asleep
at the wheel!
JUDGE: Overruled.
STATE’S
ATTORNEY: No further questions.
JUDGE: Do the defense attorneys have any questions?
RAFAEL’S
ATTORNEY: No questions your honor.
STATE’S
ATTORNEY: I’d like to call Officer_______(name of student playing role) to the stand.
CLERK: Officer, do you swear to tell the truth, the whole truth, and nothing but the
truth?
STATE’S
ATTORNEY: Your occupation?
OFFICER: I did.
STATE’S
ATTORNEY: Can you tell us what you did on that night, officer?
OFFICER: Got a 911 call that there was an accident, other patrol had already
responded to the accident scene, and I was sent to the hospital, to see the
condition of the injured driver. When I met with the Doctor at the
hospital, I was advised Ms. Rock had died of her injures, but that two
friends of hers were there who might be witnesses. So I spoke with them,
they are the defendants here---- Justin Wusso and Alex Wusso.
STATE’S
ATTORNEY: What did they tell you?
OFFICER: Well, they were both pretty emotional, didn’t tell me much, but Alex
Wusso reached in her purse and took out this bottle of pills we have here,
and handed it to me. She was crying real hard, and kept saying she didn’t
give Ms. Rock any of the pills, just kept saying it; said she didn’t want her
to die, said she tried to save her with some wizard powers, but nothing
helped, and she just kept crying. Mr. Wusso didn’t say anything to me,
only that he wanted to speak with an attorney.
STATE’S
ATTORNEY: Ms. Wusso gave you the pills, not Mr. Justin Wusso?
OFFICER: No it was Ms. Alex Wusso. I’m sure of that. Kept saying though, “I didn’t
give her the pills”-- “I did not give her the pills.”
STATE’S
ATTORNEY: Thank you officer. Your honor, we have no further questions for this
witness, and we have no further witnesses. So at this time, the state
“rests.”
JUDGE: First, do the defendants have any questions for this witness?
RAFAEL’S
ATTORNEY: No, your honor.
JUDGE: Alright, Officer, you may step down – Now has defense counsel decided
which defendant will be going first?
RAFAEL’S
ATTORNEY: We will, your honor, and we will be brief. We call Alex Wusso to the stand.
CLERK: Do you swear to tell the truth, the whole truth, and nothing but the truth?
ALEX: I do.
JUDGE: Ms. Wusso, you know that as a person charged with a crime, you do not
have to take the stand and testify?
ALEX: I do.
JUDGE: And have you have discussed this with your attorney and want to
voluntarily take the stand?
ALEX: Justin and my good friend Jennifer and I were at a party and Justin came
up to us both and said he found some pills of our brothers that gave you a
nice high, and we were willing to try one. Well, at the time, I thought
Justin was being so cool, and I didn’t want to look afraid in front of him
you know – being my big brother and all, and so I said “sure, I’ll try one”,
and then Jennifer said “ O.K. me too”, so we both took one. I knew it was
wrong. I learned that in a WALS mock trial program back in grade school.
I learned that taking prescription drugs from someone else was illegal, and
giving them to another was also illegal--- but I wasn’t thinking clearly that
night. I was thinking like a child—that somehow my wizard powers would
save me from anything bad…..and I just wanted to fit in. So I went along.
I know better now. I have grown up a lot since then. I know I have to take
responsibility for my own actions. That’s why I decided to come into court
today and testify, and tell the jury exactly what happened that night., even
if it means that I’m admitting to being guilty of a crime myself—the
illegal possession of a controlled substance.
RAFAEL’S
ATTORNEY: Did you tell the Officer on the night in question that you didn’t give her the
pills?
ALEX: Well, I said, “I didn’t give her any of the pills.” I only took one. I think
she only took one. At least that’s what I thought. I didn’t really see what
Justin handed her.
STATE’S
ATTORNEY: Ms. Wusso, why are you the one who had the pill bottle in your purse when
the police arrived at the hospital that night?
ALEX: Justin is always so cool, but when we learned what had happened and
went to the hospital, we were both so upset, and Justin couldn’t even talk
to me about it. I hardly ever saw Justin cry, but he cried that night. And I
told him to give me the pills, that I was going to give them to the police.
He gave them to me, and I put them in my purse, and gave them to the
officer when he arrived at the hospital. And I don’t think Justin said
another word to me—or the Officer—that night.
STATE’S
ATTORNEY: No further questions your honor.
EDNA’S ATTORNEY: If you and Jennifer only took one pill, why were there 15 missing?
ALEX: I have no idea.
RAFAEL’S
ATTORNEY: Do you have any witnesses who saw Mr. Justin Wusso give you the bottle of pills
at the hospital?
ALEX: I did not give her any pills. I did not! Justin did! And I’m sorry to say it
because he is my brother, but that is the truth, and I gave an oath to tell the
truth. (Alex starts crying).
JUDGE: You may step down Ms. Wusso. Now Mr. Wusso, will there be
any witnesses on your behalf?
EDNA’S ATTORNEY: We will not be presenting any further witnesses, your honor.
JUDGE: Very well. Ladies and gentlemen of the jury, you will now hear
closing arguments - first on behalf of the state. Are you ready to proceed
counsel?
STATE’S
ATTORNEY: Yes, Judge. Ladies and Gentlemen of the jury, this is an open and shut case. It is
unlawful in the state of Philippines to possess or distribute a
controlled substance, and prescription amphetamines are a controlled
substance, unless they are possessed or distributed pursuant to a valid
prescription by a medical doctor. Illegal drugs are not just cocaine, or
crystal meth, or even marijuana, but prescriptions drugs themselves are
illegal if distributed or taken without a doctor’s prescription.
JUDGE: Counsel for Mr. Wusso you may proceed with your closing statement.
EDNA’S ATTORNEY: Thank you Judge. Ladies and Gentlemen of the jury, the state has not
proved beyond a reasonable doubt any of the charges against Mr. Wusso. Alex Wusso is the one
who had the bottle of pills in her purse at the time
of the police investigation. Other than her testimony, who’s to say she
didn’t get Max’s pills at home herself, and was the one who gave one or
maybe more than one pill to Jennifer Rock. Remember the testimony that
there were about 15 pills missing from that bottle, not just a few?
Remember, it doesn’t matter if Alex Wusso loved Jennifer Rock and tried
or did not try to save Jennifer Rock with her wizard powers – we all know
how deadly prescription drugs can be. No magic wand is ever going to
change the reality of what happened that night. And remember: we have
only heard from Alex Wusso. She is the only one that says it was Justin
Wusso who distributed the pills; the only one who said it was Justin who
gave any pills to Ms. Rock—and says she thinks it was just one. Is that the
truth? She may just be trying to save herself! Because the State has not
proven its case against Justin Wusso beyond a reasonable doubt, you must
find my client, Justin Wusso, not guilty of all charges.
JUDGE: It is now time for me to INSTRUCT you on the law of this case, after
which you will be asked to deliberate and determine if the State has
proven its case against either or both defendants BEYOND A
REASONABLE DEGREE OF DOUBT.
You are further instructed that when you enter the jury room, you shall
first pick a FOREPERSON and when you have reached a VERDICT
you may press the buzzer and return to the courtroom at which time the
FOREPERSON will read the verdict in open Court. Bailiff, please give
the jury five minutes to deliberate.
BAILIFF: Yes, Judge.