A beer recipe and a marketing plan to sell the jalapeno flavored beer were found on the computer of Sam Worker, an employee who quit his job at Spartan Brewing to work for triple his normal salary at another company, Wolverine Brewing. Shortly after beginning work for the competing company, Wolverine came out with a new, jalapeno flavored beer, bringing the company great success. Mix in additional facts that Wolverine Brewing had a bad year before the release of their new beer, and that Worker had breached a close relationship with his prior boss by ‘comforting’ his boss’s wife – and the 2008 Intraschool Trial Advocacy Competition facts were born.
The State of Sparta brought three charges against Worker, embezzlement, exceeding valid computer authorization, and use of a computer to commit a crime, all of which had to be proven beyond a reasonable doubt. In the final round, Worker was found not guilty on all three counts.
The 5th Annual Intraschool competition began in late September, when incoming rookie Mock Trial members teamed up with seasoned 3Ls to form teams of four, two serving as the prosecution, and two as defense attorneys. The many hours of practice culminated into the final competition, held Wednesday, November 12, where the prosecution, represented by finalists Eric Ditton and Paul Namie, faced off against Jeff Powell and Kelly Bailey.
Ditton led off, informing the jury that if “it walked like a duck and quacked like a duck, it must be a duck.” He went on to describe that the facts the jury was about to hear could only lead them to conclude that Worker had stolen the beer recipe and marketing plan. In response Bailey told the jury it was not a complex set of facts from which they were to infer that Worker had stolen the recipe, rather the facts revealed the owner from Spartan Brewing Company to be driven by a jealous demon, angry that his best employee had gone to work for a competitor.
Erika Nelson played the role of Mr. Gallagher, the owner of Spartan Brewing, testifying that she had never given the recipe or marketing plan to anyone, but under a cross from Powell revealed that her office, where she had stored the stolen recipe and marketing plan, was an open access area to anyone who desired to enter.
Brad Colburn portrayed the role of the investigating officer in the case, testifying that he had run a thorough investigation leading him to one conclusion: Sam Worker was guilty. Through a cross by Bailey, the jury learned however that the thorough investigation took place in a day, and that no other computers besides Worker’s were investigated for other suspicious activity.
Amanda Hires took the role of Sloan Jackson, the owner of Wolverine Brewing. She testified she hired Worker due to his proven ability to market a product, and that they had had a jalapeno flavored beer in the making, long before she ever met Worker. A cross by Namie showed circumstantially that it was not until Worker came on board did Wolverine have success, and in addition he cast doubt on whether Wolverine actually had created a jalapeno flavored beer, or whether it had merely copied some else’s.
Steve Gage, acting as the defendant, took the witness’s chair to declare his innocence, to defend his prior history, and to share that with a young growing family, he had to take the opportunities he was given, to give a better life to his family. In cross, Ditton revealed that Worker had communicated with his new boss while still at his old job, offering “ideas” to him.
In closing argument, Namie displayed to the jury how the marketing plans for the two companies were almost exactly the same, that circumstantially the only inference to conclude was that Worker was guilty.
In response, Powell emphasized the eluding fact throughout the trial: that the prosecution could never assure the jury that it was actually Sam Worker who had stolen the recipe and downloaded it to his work computer.
The jury, consisting of attorneys from the area, returned a verdict of not guilty.
Tracey Steel Schafer, this year’s Mock Trial Intraschool Competition Chair, was thankful to have attorneys from the community present throughout the competition. “I was glad to have outside judges to make the tough decisions, there was so much talent. It was great to see everyone stand up in the courtroom, with confidence, and advocate for their clients,” she said.
With Powell and Bailey clinching honors as the 2008 winning team, others received awards as well. “The judge’s compliments this year were overwhelming,” said Tracey, “in fact, several attorneys said they hoped they never had to face any of our team members in a court room.” Other team members receiving awards in 2008 included: Brad Colborn (Best Advocate); Ehiman Uwidia (Courtroom Demeanor); Jeff Powell (Closing Argument); Jesse Lorenz (Opening Statement); Amanda Hires (Direct Examination); and Vanessa Sheehan (Cross Examination).
The Valparaiso Mock Trial Team continues their season with two national spring tournaments. The first will be the National Trial Competition, which is hosted in Chicago. The second competition is the American Association for Justice, held in Cleveland, Ohio.
Nathan is a 2L and can be reached at Forum@Valpo.edu
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