Brainerd students learn about law through mock trial

Posted: Thursday, February 19, 2009

It was the summer of 2007 in a town called Ashlandia in Burnett County, in this fictional scenario, when someone ignited fireworks in the forest area around Camp Lakeview. Later that night, a forest fire was reported that caused the death of a couple who owned and operated the Elk Haven Lodge.

Camp Lakeview counselor Tyler Blunt is on trial for the crime. The state alleges Blunt ignited the fireworks and he was charged with manslaughter, negligent homicide and illegal burning of the woods. Blunt pleaded not guilty to all charges.

It may be up to Brainerd High School junior Brian Ashburn to either convict or exonerate Blunt.

Brainerd High School junior Chelsea Holub (right) questioned BHS senior Michaela Saley (left) during mock trial practice Wednesday in the high school media center. Students Brittany Kohlmeier and Brian Ashburn, sitting at the table who also portrayed lawyers, helped Holub. Sabrina Thrugstad (back left), Ben Hermerding and Rachel Pagarigan portrayed witnesses. Brainerd Dispatch/Steve Kohls » Purchase reprints of this photo.

Ashburn plays the role of a lawyer on the mock trial team that is pursuing the Blunt case. The Blunt case is based on a real case, but it was modified to be tried by mock trial teams in the state this year.

BHS has been involved in the Minnesota State Bar Association mock trial program since 1989. The association started the law-related education program to introduce students to the American legal system. The season begins in October, with state competitions in March and nationals in May.

Jan Carlson, mock trial adviser, said the mock trial team heads to Round 4 in Region 1 Thursday in Pine City to compete against Chisholm.

If Brainerd wins Thursday it will move on to finals.

If you go

What: Brainerd High School mock trial team competes against Chisholm in Round 4 of the Region 1 Minnesota Mock Trial program.

Where: Pine County Courthouse in Pine City.

Carlson said the mock trial team is competing well this season. She said for the first time, Brainerd had a hung jury when it prosecuted the case.

"The defense usually wins the case, but winning does not mean that the mock trial team will win," said Carlson. "Winning the competition is based on how many points the team receives from the judge. The judge looks at the students' skills, how well-spoken they are and how well they know the law."

Carlson's goals for the mock trial students are for them to learn how to work as a team, to think quickly on their feet and to present an articulate argument. There are 12 students involved, eight participate in each competition - three lawyers, three witnesses, a bailiff and a timekeeper.

Misty Morey, an attorney with Mallie Law Office in Brainerd, volunteers once a week to work with the mock trial students. Morey's friend, Brook Mallak, a Brainerd attorney, used to assist the mock trial team for several years, but wasn't able to help this year.

"I was looking for something to do," said Morey. "I like working with kids. High school students are so fun and this is a smart group."

Morey said the team members have improved their skills with each competition. Morey said her job is to help students understand all the legal jargon, including how to phrase their questions and how to raise objections.

Morey, who has a law degree from Michigan State University, said she hopes the mock trial program will help students determine whether they want to pursue a law career.

Ashburn is considering law school.

"I want to be an attorney because of (TV) shows like 'Law and Order' and mock trial has opened my eyes to the experience," said Ashburn. "I like the legal process and learning how things work."

Ashburn, a two-year veteran of the program, said he's learning about trials, including how to cross-examine and question witnesses. He also said mock trial helps him think quickly on his feet and how to press a witness into telling the truth.

Sophomore Ben Hermerding said he joined mock trial because it sounded like fun. His father, David Hermerding, is an assistant Crow Wing County attorney. Ben Hermerding said he asks his father legal questions, which helps him learn.

"I learned a lot about ... how the court process works," said Hermerding.

Senior Michaela Saley plays a witness in mock trial.

"I play Payton Hudson, my parents died in the lodge during the fire," said Saley. "I have to cry on the stand and it's really fun being dramatic."

JENNIFER STOCKINGER may be reached at jennifer.stockinger@brainerddispatch.com or 855-5851.



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