Answer:   This is a typographical error – obviously they couldn’t testify BEFORE the crime was committed.

Question:   Sidebars --> Are we expected to actually approach the bench or may we stand at counsel table?

   Answer:   This is up to the presiding judge for each session. This is a housekeeping matter which may be dealt with at the start of each trial.

Question:   Reggie Jefferson’s theft by deception --> What is the crime? Is it a felony or misdemeanor?

   Answer:   This was a misdemeanor.

Question:   Will we receive two counterfeit tee shirts, one real and one fake? Will we be able to tell the difference? With or without a holograph?

   Answer:   You will receive two shirts to be used in your trials. Both are counterfeit. These shirts were found in the seized package. The holographs had not yet been attached when seized.

Question:   Sam Horton testifies went to Henry Wallace High School with Ronnie but the new clarifications state Ronnie went to James Reilley High School . Did they go to the same high school or know of each other while attending different high schools?

   Answer:   The two schools are the same high school. Many people in the community objected to the name of Henry Wallace and continued to call it James Reilley. Therefore, you may assume they went to the same school. The record does not indicate whether they knew each other.

Question:   What happened to the JAMBLAS t-shirts that were supposedly confiscated in July from the warehouse near the defendant’s apartment? They are not a part of this indictment. There does not appear to be any witness with personal knowledge of their existence. Do you have fact that is specific to them?

   Answer:   The items were confiscated from the warehouse and they cannot be introduced directly into evidence. While the two tee shirts seized may be identical to the confiscated tee shirts, there is no witness who may testify that they are, in fact, identical.

***** UPDATED AS OF FEBRUARY 21, 2008 *****

Question:   May case law be used during the trial other than on argument of the preliminary motions, e.g. in arguing evidentiary objections, etc.?

   Answer:   The presiding judges in the Competition are instructed to rule promptly and authoritatively on objections, i.e., to entertain only brief argument on contested matters. We emphasize that this is a TRIAL competition, not a moot court exercise. The presiding judges are all experienced trial lawyers or trial judges, know the rules and the implications of the evidence, and have a no-nonsense (though tolerant) attitude about moving the case along. The participants' efforts to go into legal argument and precedent may be spurned by the presiding judge. The students can try to engage in a legal discussion, and perhaps the judge will go along. Better to be prepared to have the judge rule quickly and tell the participant to move onto the next question.

Question:   I understand that a bench book is not permitted; may a clean copy of the packet be provided to the court at the start of the trial?

   Answer:   No items of evidence may be published to the court and jury before being admitted into evidence.

Question:   Is the "Brady" letter at Page 44 online?

   Answer:   The Brady Letter (p. 44 of the hard copy of the materials) is now posted on the website. N.B.: The Brady letter should show a correction from 555-111-1111 to 555-222-2222 correctly reflecting Sam's phone number

Question:   Is it the case that no motions to suppress (based on constitutional grounds) are permitted at all during this trial?

   Answer:   All motions to suppress have been ruled on and denied and may not be renewed (see pretrial order)

Question:   In the 12/27/07 news article, is Bobbie Davis the person who is the "representative" of the U.S. Marshall's task force?

   Answer:   The reporter will not reveal his source.
Additional information: The defendant, Ronnie Jackson, graduated in the upper third of the class from James Reilley High School in Marshall City. Jackson has never had any medical or psychological problems of any note.

The following is a copy of the Questions and Answers submitted to and responded by Prof. Smith as of February 11, 2008.

Question:   In the final copy [and in the hard copy of the trial materials], Ronnie Jackson appears to have worked at the Webster Bank. Dale Spector says that they worked at First Zenith. Is that an intentional discrepancy, or should they both say the same bank, whichever that is?

   Answer:   A fact unintentionally omitted from the materials is that the First Zenith Bank was acquired by the Webster Bank in 2002. When such acquisitions occur, many people still use the old name and many people use the new name. The fact that Jackson and Spector use different names for the same bank is not unusual, and does not change the fact that both worked at exactly the same bank during the period each refers to in the materials. That?s our story and we are sticking to it.

Question:   There appears to be a discrepancy between the TPC report and the numbers on the text message form. TPC says that the 2222 number belongs to Ronnie and the 1111 number to Sam. However, the last text message form shows the 1111 number belonging to Ronnie, and the 2222 number to Sam. Is that an intentional issue? If not, which one should be corrected?

   Answer:   See the attachment to this email; this letter from TPC [The Phone Company] clarifies the matter, and is submitted as part of the government?s ongoing duty to comply with defendant?s request for pretrial discovery. The stipulations in the pretrial instructions will carry a stipulation reflecting this correction.

Question:   Can you tell me, because I don?t see it in the Pretrial Order, and I don?t want to assume, the names of those witnesses each side is supposed to call?

   Answer:   Bobbie Davis and Sam Horton are the prosecution witnesses; Spector and Jackson are the defense witnesses. The defendant must take the stand. Reggie Johnson is nowhere to be found.