EMPIRE MOCK TRIAL
EDUCATE. CONNECT. EMPOWER.
[email protected]
Justin Matarrese, J.D. l Executive Director
(c) 917-426-1482 (w) 917-426-3682
Atlanta. New York. San Francisco.
www.EmpireMockTrial.org
OPEN LETTER TO THE EMPIRE FAMILY
Introduction
Dear Students, Educators, Parents, and Alumni:
On behalf of Empire Mock Trial (“Empire”), I am honored1 to introduce you to U.S. v. Canjoe, the
first original case that we’ve produced as an organization. It is a work that we are extremely proud
of and excited to share with you.
This is a special year for the organization. We are embarking on our tenth season, a feat
unimaginable when I founded Empire as a junior in college. I am incredibly proud of what we have
accomplished together and deeply inspired by those that participate in our programs: the teachers
and lawyers who dedicate countless hours to their students; the students who sacrifice summer
vacation and fall obligations to make an investment in their future; the attorney and judge volunteers
who evaluate the students because they believe in public service; the friends and alumni who
volunteer as “Blue Shirts” and staff to ensure that our programs run seamlessly; and the parents who
support their children’s dreams. These extraordinary people are the heroes of our organization.
They make it an honor and privilege to be a part of the “Empire Family.”
As we celebrate our past in 2016 and those who have contributed to it, we’re also looking excitedly
toward our future. The days of Empire as a small, fun passion project run by my father, close friends
and me have passed.2 We’ve reached the point in our lifecycle where we need to tackle difficult
questions that every organization must address as it ages. Questions encompassing who we are as
an organization but, more importantly, who we want to be. Answering that existential question is
critical because it drives our direction; it shapes the initiatives that we pursue.
After deep introspection, I have concluded that while I am proud of our history and thankful for our
impact, I am not satisfied by it. I believe that we can do more as an organization to educate,
connect, and empower young people. That mantra is more than a marketing slogan; it reflects a
duty that we feel obligated to uphold. I believe that we can be more demographically inclusive by
working tirelessly to develop need-based options; you see that with the three (3) scholarships that
we’re now offering. I believe that we can challenge students intellectually by requiring them to focus
more on critical thinking and extemporaneous arguing than on rote memorization; you see that with
the pre-trial and guest witness rule changes. I believe that we can do more to engage students by
1
2
For our friends outside of the U.S., we are honoured.
It is still is unbelievably “fun” to coordinate. But our approach on how to run the organization needs to change.
OPEN LETTER TO THE EMPIRE FAMILY
June 30, 2016
pg. 2
tackling vexing and topical social and legal issues; you see that with our selection of last year’s case
and this year’s fact pattern. Finally, I believe that we can do more to encourage tolerance and
acceptance in a world that is filled with an alarming amount of hatred and bigotry; you will see that
with the introduction of U.S. v. Canjoe.
I shared that background both because I believe it is important for you to understand our mission, as
you’ve made a major commitment to our organization, but also because it puts our decision to write
a case in the proper context. The American Mock Trial Association (“AMTA”) has provided our prior
cases, and they do a marvelous job; they set the gold standard for case writing. However, we
decided the time had come to develop our own fact pattern to help us achieve the goals that I
outlined above. We hope that U.S. v. Canjoe accomplishes that.
U.S. v. Canjoe
i.
Summary
We will release U.S. v. Canjoe tomorrow. Unfortunately, the case is more timely than we had hoped.
Defendant Greg Canjoe3 has been indicted for engaging in a terrorist plot against U.S. Presidential
Candidate Ronald Crump, which includes conspiring with a confessed terrorist (Ali Aldi) to plant
bombs at Crump campaign events at the Parc 55 in San Francisco and the Omni in Atlanta. The
Government has also indicted Canjoe for conspiring with Aldi to plan a shooting at Madison Square
Garden in New York City, where two people were killed and one was wounded.
The case features a mix of real venues and current events, with mock characters and a fictional
religion. Defendant Canjoe prescribes to the “Universalist” religion, which preaches that we are “all
children of the same universe.” Co-conspirator Aldi, who has been on the run since the shooting in
New York, admits to membership in a prevalent mock terrorist organization, called “The Faith,” who
claim to fight under the banner of Universalism. Canjoe, along with other witnesses in the case,
vehemently object to the twisted interpretation of their religion, which promotes peace at its core.
The Government, however, claims that Canjoe became brainwashed by the ideology of “The Faith”
at some point in 2015, inspiring him to commit these acts of terror. The Government could also
present a theory that Defendant Canjoe simply hated Crump and his policies, thereby ignoring the
Universalist angle.
In honor of our tenth season, we incorporated the three cities where Empire events are being held,
including all three of the hotels where teams are staying this fall. In doing so, we hope the students
will be excited to visit some of the actual locations that are depicted in the case.
3
Defendant Canjoe is a U.S. citizen. He is invoking his Fifth Amendment right and choosing not to testify at trial.
OPEN LETTER TO THE EMPIRE FAMILY
June 30, 2016
pg. 3
Before we distributed this case, Defendant Canjoe filed a motion with the court to suppress his cell
phone site location information4 (“CSLI”), as it was obtained by the Government without a warrant,
in violation of the Fourth Amendment.5 Unsurprisingly, the Government has responded with its own
motion asking the court to admit the evidence, as Defendant Canjoe had no reasonable expectation
of privacy in his CSLI. Judge Frank J. Ford of the U.S. District Court for the Northern District of
Midlands has asked to hear oral argument on the issue. That is the topic of the inaugural Pre-Trial
Evidentiary Argument (“PEA”) and will be argued in courts across the country this fall.
ii.
Lessons & Themes
Our case was constructed with the hope that our students would be energized by the topical nature
of the case; interested in engaging with the vexing issues that it presents; and positively influenced
by the lessons that we seek to communicate. With the guidance of their educators, we’d like our
students to consider the following lessons and issues when reading the case, along with the usual
concerns of an advocate:
•
Treating a person differently based on their ethnicity, religious beliefs, sexual
orientation, or socioeconomic status is unacceptable. Because our Empire Family is as
diverse as it is talented, we feel that it is crucial to communicate this message to our young
people. Xenophobic language is being propagated by major political figures throughout the
world. We cannot and will not tolerate participants treating their peers differently based on
stereotype.
•
Violent extremism comes in many variations, all of which are evil. In our case, a group of
“extremists” are killing in the name of a religion. When we say “extremists,” we are referring
to individuals that use hate and violence as a means of achieving an objective.6 Extremism is
not a recent phenomenon. Look no further than the Ku Klux Klan (“KKK”) in the U.S. and the
Irish Republican Army (“IRA”) in Ireland as examples of 20th century groups that used hate and
violence to instill fear in others. Their abhorrent conduct was a reflection of the actors who
participated in and supported the violence, not of the people of the U.S. and Ireland on the
whole. We should judge a person’s character based on our interactions with the individual,
rather than rely on the fact that she/he shares a characteristic (be it religious, ethnic, etc) with
a group of people that we would classify as unsavory or extremist.
When a person makes or receives a phone call or sends or receives a text message, her/his cell phone connects to a
cell tower at a particular location; the cell provider records the location of that tower. Collectively, the data is known as a
person’s CSLI.
5
Appropriately, this is a mock statement. Obviously, Defendant Canjoe isn’t a real person.
6
Whether Defendant Canjoe prescribed to this ideology is a point of contention.
4
OPEN LETTER TO THE EMPIRE FAMILY
June 30, 2016
pg. 4
•
Are our gun laws working? In this year’s case, the shooter legally purchased a firearm at a
gun show in Georgia.7 By law, as a private individual, a seller is permitted to sell a firearm
without conducting a background check on the buyer or requiring her/him to present a
firearm license.8 Known as “the gun show loophole,” most states don’t require background
checks at gun shows for sales from a private individual.9 With the proliferation of gun-related
tragedies that have plagued the U.S., we ask students to consider whether our gun laws are
working. This is a particularly challenging issue that requires us to balance Second
Amendment rights with the realities of 21st century public safety. Students should also place
this problem in an international context by thinking about how different nations have
responded to gun-related challenges and violence.
•
Consider our privacy laws with respect to cell phone site location information. In an effort
to make the case as authentic as possible, two members of the Empire staff contacted our cell
phone providers (Verizon and AT&T) to request a copy of our CSLI for a given month. Our
requests were both denied. As someone who finds this topic particularly interesting, I was
shocked by the realization that law enforcement may obtain my CSLI without probable cause10
while I, as a paid Verizon Wireless customer, can’t obtain my own records. We encourage
students to review the pre-trial materials and follow this very live debate, which should
invariably make its way to the U.S. Supreme Court.
We expect to present dynamic speakers who will address some of these issues at our Empire
ceremonies and hope to share interesting articles with our community over the course of the next
few months.
iii.
Presentation of Case Materials
The Empire case materials are quite robust. Many of our exhibits are photos and diagrams that can’t
be presented in a single .pdf case file. There are also new components to this year’s case, including
the Pre-Trial Materials (“PTM”) and 2016 Case Supplement; the latter provides you with background
information on the various legal documents in the case along with recommended procedures for
impeachment and entering exhibits into evidence.
Whether Canjoe was the shooter is a factual dispute in the case.
Note: gun laws vary state-by-state. In Georgia, the gun buyer must be 18 or older to purchase a shotgun or rifle and 21
or older to purchase a handgun. Additionally, there are more stringent gun laws for licensed gun dealers in Georgia.
9
For a list of states that permit the “gun show loophole,” visit here:
http://www.governing.com/gov-data/safety-justice/gun-show-firearms-bankground-checks-state-laws-map.html
10
As explained in our case supplement, there’s a lesser standard established by the Stored Communications Act (“SCA”)
called “reasonable suspicion”; its definition is malleable but it is indisputably a lower standard than the “probable
cause” requirement of the Fourth Amendment.
7
8
OPEN LETTER TO THE EMPIRE FAMILY
June 30, 2016
pg. 5
The case will be posted on a password protected DropBox directory with the following subfolders:
legal documents & resources (will include the special instructions); pre-trial materials; case
supplement; witness statements - will include depositions for four (4) non-testifying witnesses;
exhibits.
iv.
Preparation Advice
This year’s case is lengthy but the legal issues are not difficult to synthesize. With that being said, I
recognize that it can be easy to get overwhelmed. To that end, there are three bits of information
that I’d like to share.
1.
Witness Statements
The witness statements are a mix of affidavits, depositions and grand jury testimony. Some of the
non-affidavits appear quite long but that’s only because they’re comprised of attorney questions,
too. So their length is actually deceiving; they’re no more complex than a typical Empire affidavit.
Additionally, we have included several non-testifying witness depositions in the case out of
necessity. With crimes in three cities, our case resembles three mini mock trials in one! The
additional depositions alleviate many evidentiary concerns, particularly hearsay, that you would have
encountered had we not included them.
2.
Exhibits
You have probably not encountered a mock trial case with as many exhibits before. However,
please keep in mind that we are not expecting you to use all of the exhibits or even half of them—in
fact, it is impossible for you to do so. Many of the exhibits are photos, maps and diagrams that have
been included in the case for planning purposes, not necessarily for your use during trial. We want
you to be able to visualize the crime scenes so you can more effectively explain them during your
statements and examinations.
With the myriad of exhibits that we’re offering, you have the option of presenting your own unique
case. We expect all of our trials to look a little bit different, which is one of our goals in constructing
the case in the manner that we did.
3.
Pre-Trial Evidentiary Argument (“PEA”)
We know that pre-trial is going to be new for most of you. Even if you hail from California or
Washington, our pre-trial is more complex than what you’re used to. Although it will be a challenge,
I assure you that Empire is here to help.
OPEN LETTER TO THE EMPIRE FAMILY
June 30, 2016
pg. 6
We have two very exciting announcements. First, we are releasing a PEA instructional video, which
will include two practicing lawyers and former mock trial competitors, along with a federal judge.
That video will be available to you by August 1. Second, we will be hosting at least two webinars on
how to conduct a PEA. We will provide more details to you soon. If you have any questions while
preparing for the PEA, we are also available to answer your questions.
v.
Addressing Errors
Even though we poured our hearts into drafting the case, we are human so I’m sure we erred
somewhere. If you have any questions after reading the case file, or notice what you believe is an
error, please do not hesitate to reach out. Our hope is to keep the case correction memos to a
minimum, so we’d greatly appreciate it if you could submit your concerns by Thursday, August 18.
Conclusion
The process of writing a case has been one of the most challenging but satisfying endeavors of my
life. On the eve of its launch, it’s essential that I take the time to thank a few special people who
helped make the case possible.
•
•
•
•
•
•
Mitchell Garrett Piper, a rising second year law student, is the artistic genius behind our
exhibits. He spent hours of his time creating crime scenes and realistic forms and logos.
Harry Tilis, a long-time Empire volunteer and self-employed attorney, offered insight on case
law and legal documents. He continues to be a crucial part of the Empire family.
Paul LaFata, another long-time Empire volunteer and Associate at Quinn Emanuel LLP,
drafted our pre-trial materials. A perfectionist, Paul would not rest until the materials were as
accurate as possible.
Matt Burke, rising third-year law student, researched case law in his spare time (after
researching case law all day for his full-time job).
William Visone, David John Hommel & Amar Patel, long-time Empire volunteers, who have
starred brilliantly in their debuts as Mr. Crump, Mr. Canjoe and Mr. Aldi, respectively.
Larry Daniel, expert in digital forensics and founder of Guardian Digital Forensics, who
generously offered his expertise on cell phone site location data. Mr. Daniels spoke to us
over the phone and through e-mail several times; created the digital CSLI maps that are
exhibits in our case; provided materials that serve as the basis for our CSLI treatise; and
discussed the prosecution and defense theories of the case at length to help us construct
accurate CSLI data.11
We took some liberties to make the issues more litigious, but the treatise and expert conclusions are almost entirely
accurate.
11
OPEN LETTER TO THE EMPIRE FAMILY
June 30, 2016
•
•
pg. 7
Brandon Harper, law clerk for the U.S. District Court (EDVa), found time to help with all
aspects of the case despite a heavy workload. He drafted our Case Supplement, reviewed all
legal documents and, most importantly, helped preserve my sanity.
Sue Johnson, Program Coordinator for the North Carolina Mock Trial Program and
Competition Services Director for Empire, must be mentioned last because one always saves
the best for last. This case would not have come to fruition if it wasn’t for her—that is
incontrovertible. An experienced case author, she worked 100 hours per week to help author
the case while running a statewide mock trial program. A humble perfectionist with a big
heart, she is the embodiment of everything that makes Empire great and is the consummate
public servant. I know that she will enjoy sleeping again once the case is released.
I hope that you enjoy U.S. v. Canjoe. It will be available on your Team Panel tomorrow before
11:59 PM EST.
Sincerely,
Justin Matarrese
Executive Director
Empire Mock Trial