Helping students in trial Helping students in trial (February 13, 2004)

by Jeb Bing

W ith Matt Campbell's advanced civics class at Amador Valley High taking the California title to the "We the People..." civics competition in Washington, D.C., another Amador teacher is hoping her group can do the same, starting with next week's Mock Trial competition in Oakland. Stephanie Elewski, who teaches social science and world history, has a good chance at winning at the county, state and national levels, thanks to the spirited help of lawyers Tod Gurney and Melinda Garcia, a husband-and-wife team who are the professional coaches. Since September, Elewski and the attorneys have been working with the 30-member Mock Trial honors club for actual courtroom presentations in Alameda County Superior Court that started this week. Finals are scheduled for Tuesday and Thursday, Feb. 17 and 19.

Just as in the "We the People..." competition, high schools from around the country compete in the National High School Mock Trial Championships, a school-endorsed, though outside-the-classroom and privately-funded program that provides budding young law school prospects with real life experiences in case law, court procedures and the American judicial system. In their presentations, the competition allows 22 to participate, role playing as prosecuting attorney, defense attorney, witnesses and defendant. Like the other clubs in California, they have the same case: "The People vs. Madison Casco." Casco is portrayed as a high school student who is charged with credit card fraud. He is alleged to have used other people's credit cards to purchase items that he then sold. Various witnesses are testifying in his defense as a reputable student; others say they might have seen him do it. All of the facts are purposely vague with evidence that is largely circumstantial. A judge eventually can decide Casco's guilt or innocence, but "jurors" also grade the presentations on poise, speaking style and the conviction of the arguments. In a mock trial courtroom, you can win the case and lose the competition.

Garcia and Gurney met and married while studying law at Santa Clara University. He practices business and corporate law with Hopkins Carley, a San Jose law firm, and Garcia now has her own firm on Stoneridge Mall Road that does the same. Their typical cases require intensive research, reading and long hours in preparation and in the courtroom, with some cases lasting months, even years. They're having fun working with Elewski's students on a "Law and Order" or old "Perry Mason" type case, updating their own law school lessons as well as advising the Mock Trial Club. They know from experience just how important to a courtroom victory are diligent research, clear writing, good oral presentations and on-your-feet quick and accurate responses. Garcia said everyone is honing their skills as this case moves into the trial stage, with Elewski being especially helpful in that she brings a non-lawyer, jury box perspective to the case, which lawyers can easily overlook.

Garcia says she is truly amazed at the stamina and eagerness of the students, who have been spending much of their after-school free time and many weekends preparing for this week's presentations. They're not alone. While Campbell has the luxury of working with his competition civics team during regular class time, Elewski, who lives in San Francisco, does not, heading home late at night after trial practice and then back early the next morning for her regular classes. Garcia and Gurney also have full-time jobs as their law office cases move forward, so it's been double duty for them, with Gurney heading over the Sunol Grade before dawn to be able to get back to Pleasanton for late afternoon and evening coaching.

Even if the Amador club doesn't make it to the state mock trial finals, everyone feels good about the experience, especially Elewski, Garcia and Gurney who may have provided the basic training needed for high school juniors and seniors eyeing a law career.

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