Archive for the ‘Mock Trial’ Category

Jill Trumbull-Harris, Story Teller

April 20, 2009

“Oh what a wicked web we weave

When first we practice to deceive”

“But then when we have practiced quite a while

how vastly we improve our style”.

“Success at trials can be child’s play

when willing to lie to win the day.”

When Little Jill and her Professor wrote the book on Mock Trials, even though she was not yet a lawyer, the authors were very careful to describe the need to be ethical while developing the story to be told at trial. There was not even a hint that a Lawyer or Law Student should ever tamper with witnesses or evidence or suborn perjury. Their method allows for being selective in the evidence and witnesses presented in support of the story, but officially frowns on truly unethical acts.

In some cases it’s really not necessary to alter the story of a person who wants to be the hero in saving the community from some dastardly villain. Once the hero learns the most important facts (which can be transmitted by a skillful interviewer who is guiding the questioning with smiles and frowns), a smart hero will pick up on the story he is supposed to tell and adapt his story accordingly so he can remain the hero.

Our Technician who discovered the kiddie porn on the computer didn’t need much guidance to develop a story compatible with the story Little Jill was trying to develop. Initially he kept on trying to tell his version of the truth at the suppression of evidence hearing but did manage to get most of his “facts” in line with the story by trial.

The biggest flaw was that he was testifying way beyond his scope of expertise. Mr Aloyo described himself as an A+ certified entry-level technician who works in a position to diagnoses and repairs computers. In no way does this qualify him to testify on the nature, appearance or cause of popup windows and browsers. Yet he said that the porn was on a browser and not a popup. Aloyo has no proven or even self proclaimed expertise in scripting for the Internet so could not make that determination. He assumed, as an armature might, that a popup is one of those miserable advertising boxes which can only be closed by clicking on the “X” in the box on the upper right. In fact the javascript code to open a whole new window involves changing the word “no” to “yes” seven times which is certainly no great programming feat. So the same code that creates advertising popups also can be used to create spawned porn browsers.

The code for a pornloader can be found here. It is not the best, it is not the worse, it is simply one that works and proves that full fledged browser can be made to pop-up all over the place. There are no porn pictures of any type used in this demonstration. It is completely safe (although annoying) and will also prove that pop-up pages do register in index.dat files and that images will be stored in cache image folders whether you requested the images or not. When browser pages load in the index.dat file you can’t tell for the most part whether it was a spawned browser, someone clicked a link or someone typed in a URL. (For this demonstration to work, the popup blocker must be turned off.)

I don’t believe Little Jill asked Aloyo to lie, I believe it just came easy for him with a little guidance from Jill.

Jill Trumbull Harris, the Pied Piper of Witnesses

April 7, 2009

You really should check the original version of both the Pied Piper Story and Trial Advocacy to see how close I stick to the title. I will get to the Pied Piper in a moment, but a pretty close description of trial advocacy is presented as it was written by Jill Trumbull Harris in a previous post.

Now her story told about Stephano was 100% consistent. The old man lived in a pig sty that only a mentally ill person could endure. He lived alone and spent every waking moment typing in URL’s of kiddie porn sites where he intentionally downloaded 40,000 porn pictures of which, 600 were readily identified as kiddie porn. This deranged 64 year old man took time to learn everything about computer security in the two months he owned the machine, his machine was fully protected and he never got hit by pornloaders or was unintentionally redirected to a site which had kiddie porn. He was just a disgusting dirty old man who liked looking at kiddie porn and if he would stop, no one would ever molest a child again as there would be no profit motive if people stopped paying for porn.

Now the problem with the story is that it never fit the facts. Obviously this deranged old man had no credit cards or memberships at pay per view sites and never used a chat room. But some evidence was on Jill’s side and that was the pictures. Every time the defense would discredit her case, she would show a few hundred really nasty pictures and the video of the horrific dump Stephano lived in. Over and over the jury was told that possession of only one picture was a criminal offense but he possessed 600. Now if the story were tried strictly on the thesis, it would be tough to beat. Unfortunately, there was a complete body of evidence that contradicted her story.

According to Jill, it is permissible to minimize evidence and contradict witnesses when they contradict your story as long as it’s done in an ethical manner. However, the question which will be explored is about suborning perjury under the guise of Homeland Security and the Protected Critical Information Infrastructure Act.

Now as the Pied Piper, Jill Trumbull Harris came to St. Croix to protect the community from perverts if only the witnesses would help her develop her story and remember things her way. It’s hard to know what siren song she sang that mesmerized her witnesses it to mindlessly following her story line and failing to tell the simple truth when asked a direct question.

It appears that Stephano’s attorney has finally presented an appeal that leaves the judge with a Faustian dilemma. The appeal is based on blatant and provable perjury. If he grants the appeal, perjury charges should follow and be directed at federally employed agents and expert witnesses.

Now Jill got a promotion and is probably above the law so it will be interesting to see who is blamed for the perjured testimony. However like the Pied Piper she will flee our community forever and leave us with memories of  her dastardly deed.

American Justice

March 28, 2009

In my youth, I would rather run wild in the woods than watch Television but on rainy days or when it was too dark and cold in winter to be outside, there were books and Television. One family favorite was Perry Mason that intrepid seeker of truth who was part detective and part Defense lawyer who got his clients off by seeking the truth and inevitably finding the guilty party.

Well, this vision is pretty much bullshit in our modern world. Law is no longer about a noble lawyer in a battle to learn the truth. It is a combative blood sport played by pugnacious lawyers out to win at all cost. The outcome of the trial is not a matter or guilt or innocence but simply a battle to tell the most believable story and score a win for the story teller. The fact that justice may or may not be served is somewhat irrelevant.

The art of story telling is so important that it is now taught in law schools all over the nation and there is  a national ranking of law schools that teach Trial Advocacy or how to develop a detailed story which will allow you to win your case.

Now the following brief description of the new system of American Justice is very jaded:

Each party to a trial has the opportunity to tell a story…The person who succeeds in telling the most persuasive story should win….Devising the story you tell at trial is a creative process since the facts in the case file will almost always be subject to multiple interpretations. To imagine the most persuasive trial story, imagine a series of alternative scenarios and assess each for its clarity, simplicity, and believability..

This is a pretty disgusting view of American Justice but it’s exactly that taught by Prosecutor, Jill Trumbull-Harris, as she wrote the book with a coauthor and that’s a quote from page 19 of the book. It’s easy to see how this attitude would corrupt the justice system especially when used by the government prosecutor in a trial. An overbearing government can coach witnesses, include or disallow evidence and tell any story they want with impunity. (I mean who polices the police or prosecutes the Prosecutor?) The job of the government is no longer to solve the crime and seek justice but to tell the best story and win the case.

Jill Trumbull-Harris, Total Failure

January 28, 2008

Well it didn’t seem to piss anybody off or result in content filtering when I criticized poor Jill so while I’m in a site rebuilding mode, I may as well crap on the persecutor of Charles Stephano, Jill Trumball-Harris.

So how could anybody call poor Jill a total failure? – easy it’s simply a matter of Goals and Values.

In Mock Trial’s, every law school wants a winning program and everybody wants to knock off the tier one schools. Jill has parleyed her expertise into developing programs, writing a book and managing a winning team. Of course this led to her teaching assistant position and to her becomming an adjunct professor in tier one schools. Now as pointed out, in a previous post – her mentor believes that lawyers can’t, don’t and shouldn’t have to tell the whole truth or at least minimally be able to withhold the truth when it helps the client.

Now I supposed that this advice is fine for Mock Trials where no one really gets hurt and perhaps even for a vigorous defense when trying to establish a doubt in the juror’s minds but this cavilier attitude is simply not allowed for the prosecution. Seems when Jill took the job she swore her oath to become an agent of the court and a seeker of truth. Quite simply she is not supposed to persecute people but to become a fact finder to establish either a persons Guilt or innocence.

One way or the other, she has a conflict in her life which cannot be ethically resolved. Mock Trials are as close to a blood sport as Tier One Lawyers are ever likely to come and the job is to win at all costs. When a prosecutor carries this attitude into a courthouse, we have a travesty of Justice like the Duke Hockey team. If I wasn’t such a geek and sat through a three week trial, poor Jill might have got away with her shit. As it stands, her prostituting herself may be acceptable to a Republican Justice Department but should be an automatic disqualified for an academic position.

Jill Trumbull-Harris Wrote the Book!

January 20, 2008

Twenty-two year old Jill Trumbull-Harris certainly knew how to turn her undergraduate Mock Trial Loss into a winning career. First, she got herself appointed as Coach of the undergraduate Mock Trial Team and parlayed that into creating the summer program and becoming the first Director. This led to her being an Adjunct Professor and later a Teaching Assistant of Trial Advocacy.

Along the line she started working very closely with Professor Steven Lubet and got credit for being a major researcher on a paper presentation entitled: EXPERT WITNESSES: ETHICS AND PROFESSIONALISM. Seems that Ms Trumbul-Harris has no excuse for ignoring unethical behavior by a novice expert (Shannon Perkins) out to score her first win. This close working relationship with Professor Lubet continued with the publication of a jointly authored book based on Trumbull-Harris’ hands on experience and Professor Lubet’s exulted status. It’s not ever undergraduate who gets to co-author a Book on Mock Trials: Preparing, Presenting and Winning Your Case with a world renown author.

In addition to working as a researcher for Professor Lubet on the Ethic’s Paper, she was also a Teaching Assistant in Ethics so it’s informative to note the title of his September 2002 book, Nothing but the Truth: Why Trial Lawyers Don’t, Can’t, and Shouldn’t Have to Tell the Whole Truth.

Even with the funky title, Professor Lubet has one caveat for Lawyers, DON’T LIE and in his paper on expert witnesses offers another for Lawyers, DON’T LET YOUR EXPERT’S LIE.

Her school tried to teach her right from wrong so any legal transgressions are an artifact of her own invention.

She is now a Professor at George Washington teaching a future Generation of lawyers her method of winning at all cost.

Go Jill Go.

Professor Jill Trumbull-Harris

January 18, 2008

That’s right, our prosecutor who prostituted herself at the trial of Charles Stephano is teaching her nefarious methods to some of the brightest kids in America. Still, it’s really hard to conjour what combinations of assets and luck made her a college professor at a tier one schools before she was even a law school graduate.

Seems that she parlayed her undergraduate experience with mock trials into a position as the Founder of a similar program at Northwestern and became the Director of the Summer Undergraduate Mock Trial Institute recruiting students from all over the Nation including Penn and Harvard. She was officially named Adjunct Professor of Communications for the years 1998 to 2001 which began one year after her undergraduate graduation.

It was natural for her to parlay this experience into becoming a course assistant in Trial Advocacy and believe it or not Ethics. She and her professor would develop a working relationship that would become a major influence on her life. Based on this youthful experience, it was natural upon graduation that she became an Adjunct Professor of Trial Advocacy at The John Marshall Law School. When she moved to DC to work with the Fed’s she joined the faculty of George Washington University as an Adjunct Professor of Trial Advocacy.

That is an incredible meteoric rise in the academic world. Unfortunately for Jill, meteors are known to burn bright and move fast before disappearing into the night.

Jill Trumbull-Harris Overachiever!

January 12, 2008

It’s impossible from her record at Northwestern University Law School to figure out whether it was brains, beauty or luck that contributed to her continued string of achievements. While academically, Jill Trumbull-Harris only graduated “cum laude” (Down from magna cum laude as an undergraduate), she kept busy as a member of the National Trial team which won First place and an award for best advocate. She also was named Outstanding Advocate for her graduating class and was a two term President of the Student Funded Public Interest Fellowships.

Now anybody who has been to graduate school knows that work assignments and research posts are somewhat arbitrary but whether from brains or beauty, Jill certainly maxed out her achievements from her positions. As a law student, Jill became a course assistant for a rather famous professor and also was the Founder and Director of The Summer Undergraduate Mock Trial Institute as well as the National Trial Team Head Coach which gave her the status of Adjunct Professor as a second year law school.

All that she learned from her varied positions in law school contributed to the morals and values she would carry into the courtroom to the trial of Charles Stephano and the other pornography cases shes tried.

Jill Trumbull-Harris, Fantastic Student.

January 11, 2008

It’s kind or hard not to wonder about the type of monster who would engineer a travesty of justice like the trial of Charles Stephano. The case was won with a corrupted evidence stream and perjured witnesses. Fortunately, we can study this case because we have a very visible and publicly accessible Prosecutor named Jill Trumbull-Harris. Jill’s first brush with secondhand fame came as a source on housing and food in a couple of articles in the student newspapers about food and housing at the University of Arizona where she graduated Magna Cum Laude in 1997.

During her four years, she gathered many academic Honors including Phi Beta Kappa, Mortar Board Senior Honor Society. Scholar of the Year, President of the Honors Student Association, president of the Pre-Law Organization and vice president of both. She was awarded the regents Full Tuition Scholarship which the record shows she deserved. Obviously the Prosecutor is an extremely bright person with extremely depraved values to have engineered an almost perfect web of deciet based on perjured expert testimony. This is truly a case where the Prosecutor chose to win at all costs with total disregard for the facts.

Still when you examine her record carefully, you will find that the seeds of her fixation with winning were sowed in her undergraduate years where she lost her first Mock Trial. As will be shown, Jill became fixated with winning and teaching others how to win cases designed to allow for a jury to declare a win or a loss based on the presentation and not the evidence. Jill became a world class expert on winning at Mock trials where no human lives are involved and the only goal is to win at all costs.

Unfortunately, Jill Trumbull-Harris is now Prosecutor and Persecutor of those charged with Internet Crimes involving pornography.