The Carthage Mock Trial team in St. Paul, Minn., for the American Mock Trial Association tournament.


Carthage Mock Trial Team competed
in national tournament

Strong season earned team its first bid to nationals

Clausen 106 was transformed into a courtroom for a few hours March 16 as members of the Carthage Mock Trial team argued a murder case before Judge Charles Constantine of the Racine County Circuit Court.

The case: The State of Wisconsin vs. Jackie Owens.

Carthage Mock Trial team member Josh Lamers, '10, gives an opening statement for the prosecution before Racine County Circuit Court Judge Charles Constantine during a Mock Trial scrimmage March 16.

Zachary Peters, '11, gives an opening statement for the defense.
Photos by Tyler Jump, '11

At issue: The murder of movie producer Jacob Bennett, allegedly at the hands of his business partner Jackie Owens.

The players: Eleven members of Carthage's Mock Trial team, rehearsing for their first national competition. The students — acting as prosecutors, defense attorneys and witnesses for the case — competed in the opening rounds of the American Mock Trial Association National Intercollegiate Tournament March 19-21 in St. Paul, Minn. They finished 3-5 in the tournament, their first trip to nationals. They had earned the bid to the national competition after a strong showing in February’s regional tournament in Milwaukee.

"This team has had an excellent season and has put Carthage on the national map with respect to the American Mock Trial Association," said Mock Trial advisor Michael Phegley, an associate professor of law and business administration at Carthage. It was a big accomplishment for a team that is a relatively new addition to the Carthage curriculum. Prof. Phegley formed Carthage's Mock Trial team as a club team five years ago; it became an official course three years ago.

"Our first year, we were horrendous," he said. "You have to get things developed and there was a lot of work to be done. ... We went from being really, really bad to making Nationals in three years. I was pretty happy with the team. It takes a lot of hard work, and a lot of commitment."

About Mock Trial at Carthage

Mock Trial is offered every fall as Criminal Justice 3300. The four-credit course is limited to 10-15 students, who must be of at least sophomore standing. It is team-taught by Prof. Phegley, a practicing attorney and a municipal judge for the Village of Mount Pleasant in Racine County, and Wynne Laufenberg, his law firm partner.

Every student in the course becomes a member of the Carthage Mock Trial team, which represents Carthage at several tournaments throughout the year, including the American Mock Trial Association (AMTA) competitions. Teams across the country work on a single fictional case.

"Last year we had a civil case involving a news magazine reporting prematurely that a political candidate had been charged with murder. It cost him the gubernatorial race, and he sued the magazine," Prof. Phegley said. "This year, we have a criminal case involving three partners in a movie production company. The lead partner didn't want to sell to a bigger company. Allegations are that the two lower partners did, and the way to get that accomplished was to kill off the top partner."

"Real Courtroom Experience"

Teams prepare the case as both the prosecution and defense, with students adopting the roles of prosecuting counsel, defense counsel, and all witnesses. At Mock Trial tournaments, teams compete against teams from other colleges, arguing their case in front of real attorneys and judges.

Teams must be ready to take either side. "You find out five minutes before you start what side you're on," Prof. Phegley said.

It can be nerve-wracking — but it's also exciting, rewarding, and extremely beneficial to students considering a career in law, participants said.

"It actually gives you real courtroom experience," Prof. Phegley explained. "You learn what it is going to be like to be a litigation attorney. You learn the rules of evidence. You learn how to be in front of judges. You learn cross-examination and direct examination. You learn how to make opening and closing arguments."

Said Rachel Harrison, '12, a pre-law student who is majoring in criminal justice and sociology: "Mock Trial has been a great way to gain first-hand experience in being a lawyer. I have learned more from being on the Mock Trial team than I have from any other class I have taken in regards to the field of law.

"This whole experience has helped me realize that pursuing a career in law is not only achievable, but it's something that I will really enjoy."

"Become your character"

Rachel played a defense witness for the Carthage team. "My character is the former personal secretary of the man who was murdered. I help the defense try to prove that the defendant, who was the best friend and business partner to the man who was murdered, in the case is innocent," she said.

Other students who participated in the AMTA tournament were: Barry Doetch, '11; Matthew Holmes, '12; Alex Kosyla, '11; Josh Lamers, '10; and Zachary Peters, '11, all portraying attorneys; and Joel Beckman, '10; Russell Hansen, '10; Carl Hoefler, '10; Andrea Jacobsen, '10; and Paul Kuszel, '12, all portraying witnesses.

During tournaments, team members are scored individually on their performances in each round. Individual scores combine to determine the team score, and teams are power-matched with new teams for subsequent rounds.

"You've got to really, truly work as a team," Prof. Phegley said. "You can have an attorney who hammers home their questions and knows every bit of evidence, but if they're not working with their teammates, or if they're not thinking on the same wavelength as their witnesses, it doesn't work."

The stakes felt higher in this year's criminal case than last year's civil case, said Josh Lamers, '10, who was on the team both years. "This year we are going to trial over some person's life," he said. "You really have to put yourself in that position and act as though you are fighting for them to stay out of, or go to, prison."

"It's as much acting as memorizing their lines," Prof. Phegley agreed, adding that Carthage theatre professor Herschel Kruger has offered his assistance to the team. "You become that character."

Preparation for the future

For Josh Lamers, who will graduate in May with a degree in International Political Economy, Mock Trial has been extremely valuable.

"I have accepted a position in Chicago next year working for an investment/money management firm called Rothschild Investments," he said. "During my interviews, I relied heavily on my experience in Mock Trial and our accolades over the last couple years, and they definitely came through as I talked with my potential employers.

"The necessity to present an argument clearly and in front of a group of strangers is something that I think everyone struggles with at some point in their life, but most importantly, it is something that is absolutely necessary as you start looking toward post-graduation plans," Josh continued.

The course is valuable whether students plan to go to law school or not. "It's great for public speaking. It's great for team-building," Prof. Phegley said. "It's great for negotiation skills. It's great for thinking on your feet."

"Competing in Mock Trial will instill a new level of confidence in you," Josh said. "Not only that, but it helps you to form sound arguments and articulate exactly what it is you are trying to say. ... There is so much responsibility as far as knowing your case, knowing your witnesses, and being able to argue publicly and clearly for whatever side you are on."

Students are also introduced to the subjective nature of judicial proceedings. "They'll say, 'We won the ruling with this argument in that round, but we lost the ruling with the same argument in this round,' " Prof. Phegley says. "I'll say, 'Welcome to the real world.' It's just like a real trial. The law is anything but scientific."

Mock Trial team attorney Josh Lamers, '10, cross-examines a witness.