Three law students got the chance to apply their skills in a mock trial held by the Legal Aid Society of San Bernardino and hosted in the San Bernardino law office of attorney William Shapiro July 15.
University of San Francisco student Lilyenne Huynh brought the case for the government, arguing that journalist Lee Croddy aided and abetted the robbery of a government employee, in order to publish secret documents about the existence of alien spacecraft.
University of La Verne students Belyn Peters and Karen Patel defended Croddy.
San Bernardino Superior Judge Teresa Bennett presided over the case. Attorneys Tess Ponce and Christopher Markarian mentored, and Sarah Boger and Margie Warner scored. Karl Wallen acted as Croddy, and Caleb Walker as witness Rudi Montoya.
The mock trial comes near the conclusion of the students’ 10-week fellowship at LASSB
“It was a nice opportunity. I learned a lot from the judges,” said Huynh.
“It was a great opportunity. I think we learned a lot that we will apply in our careers,” said Peters.
“We had lots of feedback from the coaching attorneys. It was a great experience,” said Patel.
Croddy messaged Montoya directly to obtain the files. In telling him to do so, he messaged Montoya , “Don’t do anything I wouldn’t do.”
Montoya climbed into the house through a back window, assaulted the employee, and left with the briefcase. Croddy picked Montoya up, with the briefcase, and drove him to his house, where he was hosting a meet-and-greet with readers. He let Montoya stay overnight in his backhouse after Montoya said he had to lay low. The next morning, Montoya was walking around Croddy’s yard, yelling at the sky.
Huynh argued in closing argument that Croddy had specifically urged Montoya to get the documents, instead of anyone else, because he knew that Montoya would break ethical boundaries to get there.
“Croddy knew Montoya was dedicated to the cause,” Huynh said.
“Croddy directed Montoya to go to the house, said we need those documents, we really need them. You need to get into that house tomorrow. This was more than just asking a favor, this was a command, a directive,” Huynh said.
Patel argued that Croddy was a dedicated journalist who wanted Montoya to get the documents by legal means.
“Mr. Croddy’s primary goal has always been to see the truth and imagine a kind of accountability from the government—not to incite criminal activity,” Patel said.
“This was an act of kindness and compassion,” Patel said, referring to him allowing Montoya to stay in his guesthouse.
If Croddy really wanted to hide Montoya from the police, with knowledge that a crime had been committed, he would have housed Montoya in his secure underground bunker, Patel argued.
The case—like so many others—hinged on a pretrial motion for exclusion which the students argued before they began examining the witnesses. In the case’s fictional history, Croddy casually told a plain-clothes police officer that he sent Montoya to the house to get the documents, but that Montoya had gone too far.
Huynh, as a prosecutor, argued that the statement was freely offered to the police as part of a casual conversation.
Patel and Peters wanted to exclude that information, since Croddy had not been read his Miranda rights.
Bennett, the mock judge, ruled to exclude the statement. After the case ended, she ruled for the defense in a bench verdict. She mentioned the exclusion of those statements to the police as a reason for the not guilty verdict.
Criminal cases are always difficult to prove, since the prosecutor has to prove the case beyond a reasonable doubt, Bennett said. The decision also did not mean that the mock defense did a better job, Bennett said.
The students got plenty of positive feedback following the case.
“I’m really impressed,” Bennett said.
“I’m just proud,” Ponce, one of the mentors, said.
“I just got here from arguing a motion in court, in real court, and looking at you guys, hearing you from the back, you can’t tell the difference,” Markarian, the other mentor, said.
Bennett followed up with recommendations for the students to object more often when the witnesses do not answer questions, or when opposing counsel ask leading questions.
She shared stories on courtroom conduct and the importance of respecting your own staff and court employees.
Shapiro, who hosted the trial in his office’s mock courtroom, is a member of the Legal Aid of San Bernardino Board.
