2010 National Case Comm Wv Hale

7/29/2019 2010 National Case Comm Wv Hale

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COMMONWEALTH OF PENNSYLVANIAv.

MADDOX HALE

Sponsored by the Pennsylvania Bar Association


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Dear Mock Trial Participants:

On behalf of all of the members of the Host Committee, we sincerely hope that you enjoy this

years national problem, Commonwealth of Pennsylvania v. Maddox Hale. As you will see in the

pages that follow, this problem blends issues as old as our country with modern technology

that has changed the way that we organize and communicate. As it has been since our

founding and before, the American response to political dissent is unique in world history. We

sincerely hope that you enjoy exploring these issues with us.

Writing this case has taken more than eighteen months, and during that time, this problem has

gone through many, many drafts. As time has gone on, the case has developed a peculiarly

Colonial feeling. There are several layers of historical references and allusions to enjoy as you

unpack the material. However, as stated above, the case has always revolved around a

uniquely modern form of communication and action, the flash mob, in which a text message

instantaneously summons dozens, hundreds or even thousands of people to a single cause with

little or no warning to those who are not members of the network.

As we have seen vividly both at home and abroad in the past year and a half, social networks

can be leveraged to organize mass political or social protest, spun into exceptional performance

art, and manipulated to perpetrate criminal violence. Like any tool, then, the flash mob

multiplies its users power, for good and for bad. One of our goals in Commonwealth v. Hale isto demonstrate not only the flash mobs possibilities, but also its limitations.

We welcome you to Pennsylvania with open arms and hope that you and your counterparts

from around the country and across the globe will come to love Philadelphia as much we do.

We particularly hope that you will enjoy trying this problem as much as we have enjoyed

writing it.

The Pennsylvania Case Writing Committee

Jon Grode Jane Meyer

Paul Kaufman Alan Boynton David Trevaskis


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TABLE OF CONTENTS

I. The Case: Commonwealth v. Maddox HaleCase Summary . iMiscellany .. iiiCriminal Complaint and Probable Cause Affidavit .. 1Transcript of Proceedings ... 3Information . 4Arraignment ... 5Pre-Trial Memorandum and Order 6Stipulations 10Witness List 13

Carter Braxton . 14Jo Bartlett . 18Fran Lee 22Maddox Hale 26Capt. Sam Huntington 30Button Gwinnett 34

Exhibit List . 38Exhibit 1: COL Jitter Website (Screenshot) .. 39Exhibit 2: Graffiti Wall 42Exhibit 3: Maddox Hale Campaign Poster 43Exhibit 4: Protest Poster .. 44Exhibit 5: Maddox Hale Rally E-Mail ..45Exhibit 6: Principal Braxton Memo to Faculty ... 46Exhibit 7: Principal Braxton Rsum . 47Exhibit 8: Captain Huntington Rsum . 49Exhibit 9: Spray Paint Can Fingerprint Analysis .. 51Exhibit 10: Jo Bartletts Classroom.. 52

Exhibit 11: COLHQ E-Mail . 53Exhibit 12: Maddox Hale Speech . 54Exhibit 13: LibertyPole.net Blog (Screenshot) ... 57

Applicable Law .. 58Jury Instructions ... 59

II. Competition RulesRules of the Competition .65Rules of Evidence 74

III. Competition FormsCode of Ethical Conduct Form 81

Team Roster Form Prosecution .. 82Team Roster Form Defense . 83Timekeeping Sheet ... 84Team Dispute Form (Inside the Bar) .. 85Team Dispute Form (Outside the Bar) ... 86Criteria for Scoring & Performance Ratings .. 87Sample Score Sheet . 90


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SECTION I

The Case:

COMMONWEALTH OF PENNSYLVANIAv.

MADDOX HALE

Created by:

Jon Grode (Primary Author),

Jane Meyer (Primary Editor), Paul Kaufman (Author/Editor),Alan Boynton and David Trevaskis (Editors)


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CASE SUMMARY

This summary is background material for informationalpurposes only. It is not to be considered evidence.

On February 27, 2009, a snow covered rock flung at the head of Corporal Caesar Rodney lefthim lying in a pool of his own blood. In response, the security guards of John Peter Zenger HighSchool in Philadelphia rushed a flash mob of students that had gathered across the street atIndependence Mall. When the mle finally subsided, Defendant Maddox Hale was in thecustody of the local police. Hale was later charged with a number of crimes includingAggravated Assault and Solicitation to Commit Aggravated Assault.

John Peter Zenger High School (J.P. Zenger) was a troubled inner city school, marred for yearsby gang violence, graffiti, poor test scores, and general apathy from the administration all theway down to the students. The troubles were so severe that only J.P. Zengers most tenuredteacher, Jo Bartlett, remembered the old days, when the school was very different. On April 17,2007, around the anniversary of the Columbine shooting and a few days after the Virginia Techmassacre, gun shots rang out in J.P. Zengers halls. Though no one was hurt, the SchoolReform Commission feared that J.P. Zenger would be labeled a Persistently Dangerous Schoolunder the No Child Left Behind Act.

Drastic action was required, and the School Reform Commission fired J.P. Zengers principaland commenced a nationwide search for a replacement. The Commission was looking for aprincipal with a strong disciplinary track record and was pleased to locate and hire Carter G.Braxton. Braxton, a 1971 graduate of J.P. Zenger and self-proclaimed expert at turning failingschools into success stories, seemed like the perfect choice. Braxtons changes to the schoolwere immediate and far-reaching. Metal detectors were installed at all of the entrances to thebuilding. Security cameras were strategically placed. A fleet of security guards was hired. Astrict dress code was implemented and detentions, suspensions and expulsions were issued bythe dozens. The gangs disbanded and order returned to the wounded school.

Below the surface, though, tension among the student body was percolating. The studentsbegan to direct their resentment at Principal Braxton, and a new type of gang emerged theChildren of Liberty, or COL. The COL was not a gang in the traditional sense, but was acollection of students who were organized by social networking technology. During the 2008 2009 school year, the COL was able to mobilize through a website called Jitter. The hallmark ofthe COL was its ability to send communications lambasting Principal Braxton and organizingflash mobs. For the first time in years, the student body began to outwardly express itsfrustrations. No one knew for sure who was behind the COL and the Jitter messages, but it waswidely suspected that Maddox Hale, star of the schools debate team and an adamant Braxtondetractor, was responsible. Maddox denied any and all involvement with the COL, thoughMaddox never denied a deep hostility to Principal Braxton and her/his draconian tactics.

In late January 2009, when J.P. Zengers student body president moved out of town and anemergency election was held to find his replacement, Maddox saw an opportunity to bringher/his opposition to Braxton public by running for the position. Using a series of campaignposters eliciting the Colonial message of Benjamin Franklins political cartoon, Unite or Die,Maddox sought to unite the school against its common enemy. However, Braxton, in the nameof protecting the educational mission of the school, felt that the campaign posters encouragedviolence and had them removed. This move outraged Maddox, and in return s/he decided to


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organize a rally on Independence Mall for February 27, 2009. During the week leading up to theprotest, Maddox practiced her/his speech, which was littered with Revolutionary War quotes,before the eager ears of her/his debate club compatriots.

Early in the morning on the day of the protest rally, the COL sent a message through Jitterencouraging COL members to participate in a flash mob. The message directed that students

attending the rally were to throw rock filled snow balls at Braxtons guards when Maddox utteredthe immortal words of John Paul Jones. The temperature that day was freezing and the windswere howling; very few of J.P. Zengers nearly 1,200 students showed up for the rally. In fact,there were more students involved in a snowball fight elsewhere on the Mall, but Maddoxsoldiered on. On cue, when Maddox uttered the words I have not yet begun to fight!, mayhembroke out as a number of students began to throw snowballs at the school security guards. Theguards stood by stoically until Cpl. Rodney was struck with a rock filled snowball that fracturedhis skull.

There is some question as to who threw the snowball that struck the victim, though Maddox andfellow students Button Gwinnett and Fran Lee were all charged with the assault. Button, still a

juvenile, was later found to have committed aggravated assault and committed to a juvenile

facility, while Fran pled guilty in adult court to a reduced charge of simple assault in exchangefor her/his testimony against Maddox.

The Commonwealth will attempt to prove Maddox Hale guilty of aggravated assault andsolicitation to commit aggravated assault. These charges rely on very different sets of facts.The aggravated assault charge is based upon the allegation that Maddox threw one or morerock filled snowballs in the victims direction with the intent of causing him serious bodily injury.It matters not for the purpose of proving this crime whether Maddox actually struck the victim -even if s/he did not, s/he can still be guilty as an accomplice. The solicitation to commitaggravated assault charge is based upon the allegation that it was Maddox who was themastermind behind the COL and solicited subscribers to the COLs website(www.jitter.COLiberty) to commit aggravated assault upon the victim by posting a message on

that site directing them to throw rock filled snowballs when s/he cued them to do so at theFebruary 27, 2009 rally.

Testifying for the Commonwealth are Carter Braxton (principal), Jo Bartlett (teacher) and FranLee (student and alleged accomplice). Testifying for the Defense are Maddox Hale (theaccused), Capt. Sam Huntington (security guard) and Button Gwinnett (student and allegedaccomplice).
http://www.jitter.coliberty/http://www.jitter.coliberty/


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MISCELLANY

Case Questions and Final Case Posting

Please follow the directions on theCase Updatesportion of the national website on how tosubmit your questions.

An updated, clean copy of Case Materials will be published on the website by the end of the dayon Monday, April 26, 2010. All teams are required to use clean, updated copies of the casematerials in all trial rounds.

Disclaimer

All persons and names used in this case are meant to be fictitious. While the names may bear

a relation to certain Colonial and modern American personalities, any further similarity to thosepersons or to any other actual persons is strictly coincidental.

Issues Concerning Flash Mobs

Although we hope that you bring your immeasurable creativity to bear in this competition, weurge you not to attempt to organize any kind of flash mob activity while in Philadelphia, even justamong the members of the mock trial community. We began drafting this case long beforePhiladelphia fell prey to flash mob violence, but in recent months, there have been injuries andarrests in several high-profile incidents. In light of that, we urge you to use your common sensein this matter and refrain from any flash mob activity or the like.

Copyright 2010 by the Pennsylvania Bar Association

All rights reserved. Permission to duplicate portions of these materials for non-profit educational purposes is herebygranted, provided attribution is given to the Pennsylvania Bar Association and the Pennsylvania Case WritingCommittee members.

TheCOL logo is Copyright 2010 by Jon Grode. Mr. Grode has given permission for the organizers andparticipants to use the COL logo in competition materials, promotional materials, and in other non-commercialmaterials related to the competition (such as team shirts, giveaways, etc.).
http://www.2010nationalmocktrial.com/index.asp?page=caseupdateshttp://www.2010nationalmocktrial.com/index.asp?page=caseupdateshttp://www.2010nationalmocktrial.com/index.asp?page=caseupdateshttp://www.2010nationalmocktrial.com/index.asp?page=caseupdates


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COMMONWEALTH OF PENNSYLVANIA : MUNICIPAL COURT OF PHILADELPHIA: PHILADELPHIA COUNTY, PENNSYLVANIA:

v. : Docket No.:

:: Charges: Aggravated Assault

MADDOX HALE, : Criminal Solicitation (Aggravated Assault)Defendant : Criminal Conspiracy (Aggravated Assault)

CRIMINAL COMPLAINT ANDPROBABLE CAUSE AFFIDAVIT

I, Detective William Ellery, Badge 1995, of the Philadelphia Police Department, 6th Patrol

District, do hereby state:

1. I accuse:

Maddox Hale, who resides at 1215 Heyward Ave., Philadelphia PA.

2. The acts committed by the accused were:

** AGGRAVATED ASSAULT COUNT 1

The accused did cause serious bodily injury to another intentionally,

knowingly or recklessly under circumstances manifesting an extreme

indifference to the value of human life (18 Pa.C.S.A. 2702(a)(1)) . . .

in that the accused did throw a rock filled snowball on or about February 27,

2009, at or near the John Peter Zenger High School, Philadelphia Pa., at the

victim Cpl. Caesar Rodney. The accused struck the victim in the head or,

alternatively, threw rock filled snowballs while acting as an accomplice with

others, including Button Gwinnett and Fran Lee, during which one rock filled

snowball struck Cpl. Rodney in the head while Cpl Rodney stood on school

property.

** CRIMINAL SOLICITATION TO COMMIT AGGRAVATED ASSAULT COUNT 2

The accused did commit the crime of solicitation to commit aggravated assault

whereby with the intent of promoting or facilitating its commission the

accused commanded, encouraged or requested other persons to engage in

specific conduct which would constitute aggravated assault or an attempt tocommit aggravated assault (18 Pa.C.S.A. 902) . . .

in that the accused posted a message on the website www.Jitter.com/COLiberty,

on or about February 27, 2009, which message was sent electronically to all

registered subscribers/members thereof at 2:15 a.m., commanding, encouraging

and requesting said subscribers to throw rock filled snowballs at security

guards of Zenger High School during a rally on February 27, 2009.
http://www.jitter.com/COLibertyhttp://www.jitter.com/COLiberty


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** CRIMINAL CONSPIRACY TO COMMIT AGGRAVATED ASSAULT COUNT 3

The accused did commit the crime of criminal conspiracy to commit aggravated

assault whereby with the intent of promoting or facilitating its commission,

the accused agreed with another person or persons that they or one or more

of them would engage in conduct which constitutes aggravated assault or of an

attempt or solicitation to commit aggravated assault; or agreed to aid

another person or persons in the planning or commission of aggravated assaultor of an attempt or solicitation to commit aggravated assault (18 Pa.C.S.A.

903) . . .

in that the accused intentionally joined a group called the Children of

Liberty, a criminal conspiracy that engaged in aggravated assault, solicited

aggravated assault, and attempted to commit aggravated assault, by signing up

with the Children of Liberty webpage, monitoring Children of Liberty internet

postings, and participating in one or more Children of Liberty activities,

including the flash mob message posted on the groups website,

www.Jitter.com/COLiberty, on or about February 27, 2009, which message was

sent electronically to all registered subscribers/members thereof at 2:15

a.m., commanding, encouraging and requesting said subscribers to throw rock

filled snowballs at security guards of Zenger High School during a rally on

February 27, 2009.

3. The accused committed these acts against the peace and dignity of theCommonwealth of Pennsylvania and contrary to the Acts of the General Assembly,

18 Pa.C.S.A. 2702(a)(1), 18 Pa.C.S.A. 902, and 18 Pa.C.S.A. 903.

4. I ask that a warrant of arrest or a summons be issued and that the accused berequired to answer the charges I have made.

5. I verify that the facts set forth in this Complaint are true and correct to the best of myknowledge, information and belief subject to penalties of 18 Pa.C.S.A. 4904, relating to

unsworn falsification to authorities.

Date: March 23, 2009(signature of the complainant)

AND NOW, on this date, March 23, 2009 I certify the Complaint has been properlycompleted and verify that there is probable cause for the issuance of process.

George Read, Municipal Court JudgeIssuing Authority

Clerk of Courts Original


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COMMONWEALTH OF PENNSYLVANIA : MUNICIPAL COURT OF PHILADELPHIA: PHILADELPHIA COUNTY, PENNSYLVANIA:

v. : Docket No.: MC-51-CR-011230-2009



Transcript of Proceedings before Issuing Authority

1. Defendant Maddox Hale, who resides at 1215 Heyward Ave., Philadelphia PA., wasarrested on March 24, 2009 and charged by Complaint with the crimes of Aggravatedassault, 18 Pa.C.S.A. 2702, Criminal Solicitation, 18 Pa.C.S.A. 902, and Criminal

Conspiracy, 18 Pa.C.S.A. 903.

2. A preliminary arraignment for Defendant Maddox Hale was held before the undersignedat 1301 Filbert St., Philadelphia, Pennsylvania on March 24, 2009.

3. At the preliminary arraignment, the Defendant was advised of her/his right to apply forassignment of counsel and was given a copy of the Criminal Complaint.

4. At the preliminary arraignment, bail was set at $50,000 based on the evidence presentedat that time and the Criminal Complaint previously filed with the Court. The request for10% bail posting made by the Defendant was granted.

5. On March 30, 2009, a preliminary hearing was held before undersigned at 1301 FilbertSt., Philadelphia, Pennsylvania. The Defendant was present and was represented bycounsel. The Commonwealth was represented by the assigned Assistant DistrictAttorney. Detective William Ellery was sworn and testified for the Commonwealth.

6. At the conclusion of the preliminary hearing, the Defendant was held for court on thecharges of Aggravated Assault, 18 Pa.C.S.A. 2702, Criminal Solicitation to CommitAggravated Assault, 18 Pa.C.S.A. 902, and Criminal Conspiracy to CommitAggravated Assault, 18 Pa.C.S.A. 903.

7. Bail was continued in the amount of $50,000.

AND NOW, on this date, April 2, 2009 I certify the transcript of proceedings before issuingauthority has been properly completed.

George Read, Municipal Court JudgeIssuing Authority



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COMMONWEALTH OF PENNSYLVANIA : COURT OF COMMON PLEAS: PHILADELPHIA COUNTY, PENNSYLVANIA:

v. : Docket No.: CP-51-CR-011230-2009



INFORMATION

The charge(s) having been bound over for court by the Municipal Court Judge following

a Preliminary Hearing, the District Attorney of Philadelphia County by this Information

charges that, on (or about) February 27, 2009 , in said County,

Maddox Hale ,

First Count:

did intentionally, knowingly or recklessly under circumstances manifesting an extremeindifference to the value of human life, or while engaged as an accomplice in the perpetration ofa felony, cause serious bodily injury to Cpl. Caesar Rodney.

Second Count:

did, with the intent of promoting or facilitating the commission of a crime, command, encourage

or request other persons to engage in specific conduct which would constitute aggravatedassault or an attempt to commit aggravated assault.

Third Count:

did, with the intent of promoting or facilitating the commission of a crime, agreed with anotherperson or persons that they or one or more of them would engage in conduct which wouldconstitute aggravated assault or an attempt or solicitation to commit aggravated assault; oragreed to aid another person or persons in the planning or commission of aggravated assault orof an attempt or solicitation to commit aggravated assault.

All of which are against the Act of Assembly and the Peace and Dignity of theCommonwealth of Pennsylvania.

R. Treat Paine, District Attorney

Citation(s): AGGRAVATED ASSAULT, 18 Pa.C.S.A. 2702(a)(1); 18 Pa.C.S.A. 306(a)CRIMINAL SOLICITATION, 18 Pa.C.S.A. 902CRIMINAL CONSPIRACY, 18 Pa.C.S.A. 903



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v. : Docket No.: CP-51-CR-011230-2009



ARRAIGNMENT

I, Maddox Hale, have been advised by the District Attorney of Philadelphia County,Pennsylvania that I am charged by Information with Aggravated Assault (18 Pa.C.S.A. 2702),Criminal Solicitation (18 Pa.C.S.A. 902), and Criminal Conspiracy (18 Pa.C.S.A. 903).

I have been advised of my right to have an attorney represent me at all hearings and thetrial of these charges.

I have been advised and fully understand that I/my lawyer have/has the right to requestdiscovery or disclosure from the District Attorney within fourteen (14) days of todays date.

I have been advised and I fully understand that I/my lawyer have/has the right to file withthe Court any pre-trial application for relief in the form of a single omnibus pre-trial motion withinthirty (30) days of todays arraignment date.

I hereby enter a plea of to the above charges andrequest a trial by . Trial is scheduled for the May 2010 Term of

Criminal Court.

Date: April 10, 2009 Maddox HaleDefendant

Attorney for Defendant

Attorney for the Commonwealth



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v. : Docket No.: CP-51-CR-011230-2009

::: Charges

MADDOX HALE, : Aggravated AssaultDefendant : Criminal Solicitation (Aggravated Assault)

: Criminal Conspiracy (Aggravated Assault)

PRE-TRIAL MEMORANDUM

Upon consideration of the Defendants Omnibus Pre-Trial Motion and the

Commonwealths Response in opposition thereto, this Court directs as follows:

1. The Defendant has been charged with three Counts: (1) aggravated assault; (2)

criminal solicitation to commit aggravated assault; and (3) criminal conspiracy to commit

aggravated assault. As charged, Defendant is alleged to have committed aggravated assault by

throwing one or more rock filled snowballs at high school security officers on February 27, 2009,

one of which struck a security guard in the head, causing serious bodily injury, including a

fractured skull. As charged, Defendant is alleged to have either directly struck the victim with the

snowball, or to have been an accomplice to the individual whose projectile stuck the victim.

While Defendant denies throwing any snowballs/rocks, for the purpose of this motion, s/he

argues that even if it s/he is found to have thrown one or more rock filled snowballs, s/he

cannot, as a matter of law, be found to have committed aggravated assault. Defendant argues

that the throwing of rock filled snowballs, under the circumstances alleged, cannot rise to the

level of intent necessary to prove aggravated assault. Defendant further argues that the mere

fact that the victim suffered serious bodily injury does not raise what would otherwise be a

simple assault to an aggravated assault.

In order to prove aggravated assault, as charged in this case, the

Commonwealth must prove beyond a reasonable doubt that that Defendant caused serious

bodily injury to another intentionally, knowingly or recklessly under circumstances manifesting

extreme indifference to the value of human life. 18 Pa.C.S.A. 2702(a)(1). "Serious Bodily

Injury" is defined as bodily injury which creates a substantial risk of death or which causes

serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily

member or organ. 18 Pa.C.S.A. 2301.


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This Court agrees with Defendant that what would otherwise be characterized as

a simple assault does not automatically become an aggravated assault just because the victim

suffers serious bodily injury, as opposed to bodily injury. Commonwealth v. Roche, 783 A.2d

766, 770 (Pa. Super. Ct. 2001). The Commonwealth must prove that the Defendant caused the

serious bodily injury intentionally, knowingly or recklessly. Id. at 771-72.

In this case, the parties stipulate that the rock that struck the victim and which

was recovered from the scene weighed 1.2 pounds and measured 2 inches in diameter at its

widest point. Under these facts, and upon the weight of legal authority, this Court finds, as a

matter of law, that a reasonable person would know when throwing that rock or a snowball filled

with it that such projectile was capable of and risked causing serious bodily injury as that term

is used in the Pennsylvania Crimes Code. Accordingly, this Court finds that the Commonwealth

may pursue the aggravated assault charges on those grounds.

2. Alternatively, the Defendant has filed a Motion seeking to limit the scope of the

Commonwealths prosecution of Count 1 at trial. Defendant argues that as a matter of law,

Defendant cannot be found to have acted with the requisite intent of causing serious bodily

injury from throwing snowballs containing only snow and no foreign projectiles. This Court

agrees, and will so instruct the jury that, to the extent that the Commonwealth is able to prove

only that the Defendant threw snowballs with no foreign objects and is not able to prove that

Defendant directly aided or abetted others in throwing snowballs with foreign objects, that it

cannot obtain a verdict for aggravated assault.

3. Defendant further moves to preclude the Commonwealth from attempting to

prove solicitation to commit aggravated assault based only upon Defendant allegedly yelling do

it during the snowball fight. The Commonwealth has charged that the solicitation arose from a

February 27, 2009 posting on the website www.Jitter.com/COLiberty. Accordingly, the

Commonwealth does not oppose this motion, and this Court finds that Count 2 may be proven

only by demonstrating that Defendant solicited the aggravated assault through the internet

posting. This Court denies Defendants motion in limine regarding this evidence, however; to the

extent that the alleged statements are otherwise admissible, the Commonwealth is entitled to

introduce evidence of Defendants statements during the snowball fight as evidence of

Defendants alleged criminal intent in posting the alleged internet solicitation and/or knowledge

of that solicitation. Accordingly, the parties may introduce evidence of Defendants behavior

during the snowball fight, but the Commonwealth may not rely solely upon that behavior to

prove Count 2. Nothing in this paragraph should be construed to limit the Commonwealths


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ability to demonstrate direct liability for throwing the rock filled snowball in question or aiding and

abetting others in doing so, as alleged in Count 1.

4. Defendant further moves that even if Defendant wrote the February 27, 2009

internet post, Defendant cannot be liable because it was not reasonably foreseeable that, whenplaced in snowballs, rocks & stones would cause serious bodily injury. This Court disagrees.

Rocks and stones have been used as weapons throughout human history and have, during that

time, many times caused serious bodily injury and even death. The internet post did not call for

the use of pebbles or some such word specifically indicating that a very small rock or stone

was intended. A jury could conclude that it was therefore reasonably foreseeable that an

individual reading that internet post might use a rock or stone that would pose the risk of serious

bodily injury. Although the jury could also reach the contrary conclusion, that is a matter for trial,

not for pre-trial motions. This Court therefore denies Defendants motion. Defendant remainsfree to offer the argument as a factual matter at trial.

5. Finally, Defendant moves to dismiss Count 3 on the grounds that that the alleged

affirmative acts are wholly duplicative of the acts charged in Counts 1 and 2 and that merely

joining the COL group on the Jitter website cannot constitute criminal conspiracy. For the

reasons stated in the separate Supplemental Memorandum of the Court filed this date, this

motion is granted.

Accordingly, this Court enters the following:
http://www.2010nationalmocktrial.com/docs/2010NationalCaseSupplementalMemorandumoftheCourt.pdfhttp://www.2010nationalmocktrial.com/docs/2010NationalCaseSupplementalMemorandumoftheCourt.pdfhttp://www.2010nationalmocktrial.com/docs/2010NationalCaseSupplementalMemorandumoftheCourt.pdf


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COMMONWEALTH OF PENNSYLVANIA : COURT OF COMMON PLEAS

: PHILADELPHIA COUNTY, PENNSYLVANIA:

v. : Docket No.: CP-51-CR-011230-2009

::: Charges


: Criminal Conspiracy (Aggravated Assault)

PRE-TRIAL ORDER

AND NOW, this 18th day of August , 2009, Defendants motions are decided as follows:

1. Defendants Motion to Dismiss Count 1, aggravated assault, is DENIED.

2. Defendants Motion to preclude the Commonwealth from attempting to prove at trial thatthe Defendant committed aggravated assault by throwing snowballs that did not containany foreign objects, absent proof that s/he aided or abetted others in throwing rock filledsnowballs, is GRANTED.

3. Defendants unopposed Motion to preclude the Commonwealth from attempting to proveat trial that the Defendant committed criminal solicitation (aggravated assault) in Count2, solely upon Defendant allegedly yelling do it at the snowball fight, is GRANTED.

4. Defendants Motion to dismiss Count 2, solicitation, is DENIED.

5. Defendants Motion in Limine regarding Defendants alleged statements during thesnowball fight is DENIED.

6. Defendants Motion to dismiss Count 3, conspiracy, is GRANTED.

This case is scheduled for a one-day trial during the May 2010 Criminal Trial Term.

BY THE COURT:

Marion GebhartMarion Gebhart, Judge



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v. : Docket No.: CP-51-CR-011230-2009

::: Charges


STIPULATIONS

1. All documents, signatures and exhibits, including pre-markings, included in the casematerials are authentic and accurate in all respects; no objections to the authenticity of thedocuments or exhibits will be entertained. The parties reserve the right to dispute any legalor factual conclusions based on these items and to make objections other than toauthenticity.

2. Jurisdiction, venue and chain of custody of the evidence are proper and may not bechallenged.

3. All statements made by witnesses and all physical evidence and exhibits wereconstitutionally obtained and may not be challenged on this basis.

4. Once identified by a witness, Exhibits 1 (website screenshot), 11 (e-mail) and 13 (websitescreenshot) are admissible by any party without further foundation.

5. Before either party may solicit expert testimony from a witness, it must first tender thatwitness to the court as an expert.

6. Detective William Ellery is a member of the First Troop Philadelphia City Cavalry (nowknown as the 1st Squadron, 104th Cavalry of the Pennsylvania National Guard), the oldestcontinuously serving unit in the United States military. His unit was mustered into federalservice and deployed to Iraq in 2009. It hopes to return in late 2010. Detective Ellery isunavailable for any purpose at this trial.

7. The projectile that injured Caesar Rodney was thrown from federal property (IndependenceMall) and struck Cpl. Rodney on land owned by the City of Philadelphia and operated as aschool. This incident was investigated jointly by National Park Police and the Philadelphia

Police Department.

8. Caesar Rodneys skull was fractured when he was struck by a rock packed in a snowball onFebruary 27, 2009. Cpl. Rodney suffers lingering effects from this injury, including memoryloss, vertigo and migraine headaches. He is unable to recall any events occurring shortlybefore and after the date of his injury. The rock that struck Cpl. Rodney was recovered fromthe scene; it weighed 1.2 pounds, was generally round in shape and measured 2 inches indiameter at its widest point.


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9. (a) Jitter is a public social networking / microblogging service accessible for free on theInternet. Any person who connects to www.Jitter.com and wishes to view Jitter accountsmust create a pseudonym by which he or she will be identified on Jitter posts (called bugs),whether posting (bugging) individually or tracking anothers bugs. Jitter is an anonymoussite, and no personal information except an email address is required to create a Jitter

account. Jitters hosts maintain servers outside the territorial jurisdiction of the United Statesand do not track the Internet Protocol (IP) addresses of those who sign up for Jitter.

(b) At all relevant times, persons posting messages to their Jitter accounts could do so fromthe Jitter website or electronically from personal digital assistants, wi-fi devices, or internetenabled cellular phones. At all relevant times, Jitter could also be set to post messages atpre-programmed times specified by the user up to 48 hours in advance of the time specified.Messages posted from a cellular telecommunications device are listed on Jitter as fromcell, while messages sent while logged in to the internet, whether immediate or time -delayed, are listed on Jitter as from the web.

(c) The account known by the pseudonym COLiberty (www.Jitter.com/COLiberty) was

created in September 2008. The account was password protected and only the person orpersons with knowledge of the password could post messages on the account. All postingson the COLiberty account were made from the web. The hosts of the Jitter service haveignored subpoenas issued by the National Park Service pursuant to the Hague Convention.Accordingly, no account data can be retrieved regarding the COLiberty Jitter account.

(d) Persons interested in tracking messages posted on www.Jitter.com/COLiberty could doso by directly viewing the messages on the website or signing up on Jitter to receive, in realtime, COLiberty messages sent to an electronic account specified by the user, such as anemail address or cellular device account (cell phones or personal digital assistants).

(e) Jitter presently hosts over fifteen million accounts. Of these, approximately one million

have bugged on Jitter in the last year and approximately one-half million have posted amessage on Jitter in the last week. Approximately three million Jitter bugs are postedevery day.

10. Despite diligent investigative efforts, the owner of the account [email protected] couldnot be identified. The account was last accessed on February 27, 2009.

11. Police executed a warrant on March 6, 2009 to seize and search any personal computer,cellular phone and/or personal digital assistant possessed by the Defendant. Police foundthat the Defendant did not possess a personal computer or personal digital assistant.Defendant was found to possess a cellular phone. The cell phone did not contain any textmessages and Defendant's cellular phone plan did not permit the sending or receiving of

text messages between September 1, 2008 and March 6, 2009.

12. (a) At all relevant times, Defendant was a member of the Barbara Reilly Public Library(RPL), located at 3rd and Chestnut Streets in Philadelphia. Computer activity sheetsobtained by police from the RPL pursuant to a search warrant show that betweenSeptember 1, 2008 and March 6, 2009, Defendants library account logged in to the publicpersonal computers with Internet access available at the RPL on most weekday eveningsand on occasional Saturdays. The regular business hours for RPL are 10 a.m. to 9 p.m. onweekdays and Noon to 6 p.m. on Saturdays.
http://www.jitter.com/http://www.jitter.com/COLibertyhttp://www.jitter.com/COLibertymailto:[email protected]:[email protected]://www.jitter.com/COLibertyhttp://www.jitter.com/COLibertyhttp://www.jitter.com/COLibertyhttp://www.jitter.com/


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(b) The RPL utilizes its own centralized network server, which handles internet requestsfrom the RPL public computers collectively. The RPL server does not log which individualcomputer requests access to which web pages. Between September 1, 2008 and March 6,2009, the RPL server has been used to log on towww.Jitter.com/COLibertyafter 3:00 p.m.on weekdays and during library hours on Saturday a total of 1787 occasions.

(c) The RPL server does not log whether information is posted to websites from the RPLspublic computers. Accordingly, there is no way to tell from the records on the RPL serverwhether the RPL computers were used to post information towww.Jitter.com/COLibertyorany other website.(d) Police sought a warrant to seize and forensically search the network server, but theReilly Public Library objected that such a broad search could invade the privacy of otherlibrary patrons. Judge Eileen Wilkinson of the Philadelphia Municipal Court refused toissue that warrant. The District Attorney's Office did not appeal her decision.

13. On March 23, 2009, Fran Lee was charged as an adult with one Count of AggravatedAssault. The Criminal Complaint alleged that Lee had either directly struck the victim or

acted as an accomplice with others, including the Defendant Maddox Hale and ButtonGwinnett. On May 26, 2009, Lee entered a negotiated guilty plea whereby s/he agreed toplead guilty to the reduced charge of simple assault and to testify against Maddox Hale. Inexchange, the agreement provided that Lee would receive an 18 month probationarysentence. Judge B. Wasik of the Philadelphia Court of Common Pleas accepted the termsof Lees plea and deferred imposition of the sentence pending Lees compliance with thoseterms. The simple assault charge to which Lee pled guilty was a second degreemisdemeanor. Under Pennsylvania law, the maximum sentence for this crime is two years.

14. On March 23, 2009, Button Gwinnett was charged as a juvenile with committing thedelinquent act of aggravated assault for directly causing the victims injury or acting as anaccomplice of others, including Defendant Hale and Fran Lee. On June 15, 2009, following

a hearing before a juvenile court judge, Gwinnett was adjudicated delinquent for committingaggravated assault and directed to be placed in a juvenile facility. The aggravated assaultcharge asserted against Gwinnett, if charged in adult court, would be classified as a firstdegree felony. The maximum sentence for this crime is twenty years.

15. To the extent the Commonwealth seeks to present evidence under Rule of Evidence 404(b),it is considered to have complied with the Rule 404(b) requirement that it provide reasonableadvance (pre-trial) notice to the defense of the evidence it intends to produce at trial and ofthe general nature of such evidence.

March 30, 2010Attorney for Defendant

Attorney for the Commonwealth

http://www.jitter.com/%20COLibertyhttp://www.jitter.com/%20COLibertyhttp://www.jitter.com/%20COLibertyhttp://www.jitter.com/COLibertyhttp://www.jitter.com/COLibertyhttp://www.jitter.com/COLibertyhttp://www.jitter.com/COLibertyhttp://www.jitter.com/%20COLiberty


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WITNESS LIST

FOR THE PROSECUTION

Carter Braxton (Principal)Jo Bartlett (Teacher)

Fran Lee (Student)

FOR THE DEFENSE

Maddox Hale (Student)Capt. Sam Huntington (Security guard)Button Gwinnett (Student)


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STATEMENT OF CARTER BRAXTON Witness for the Prosecution

My name is Carter Braxton. Im 57 years old. From May 2007 through June 2009, I was1Principal of John Peter Zenger High School at 4 th and Chestnut Streets, in Philadelphia, next to2Independence Hall. After being terminated, I was unemployed for an academic year. Next year,3Ill be the assistant principal at Benjamin Rush Elementary School in Bensalem, PA.4

5 I received bachelors degrees in Sociology, with honors, and Psychology from Temple6University. I received a Masters Degree in Sociology in 1977 and Rhetoric in 1978, and a Ph.D.7in Education in 1983, all from Drexel University. My doctoral thesis applied the penal theories of8Michel Foucault and Jeremy Bentham to public education in failed schools. Failed schools are9those where discipline has broken down, authority is absent, absenteeism is high, and/or10academic performance is far below minimally acceptable levels. My professional breakthrough11came with the publication of my thesis, Old-School Discipline for Our New School Problems. My12landmark book is often cited by leading academic theorists, and it established me as an expert13in the field of school discipline.14

15I initially earned a reputation as a radical who thought that all schools should follow my model. I16

was unfairly accused of seeking to turn public schools into prisons. By the mid-80s, however,17

educators began to realize that public schools had spared the rod for too long, and my career18took off. I quickly rose through the ranks, from teacher to various administrative positions where19I was able to apply my methods of school discipline. No doubt I stepped on a lot of toes over the20years and was often accused of violating students civil rights, but I got results. I generally dont21stay more than a couple of years in any one school, because my methods are so successful.22

23

I was excited to interview to be Principal at Zenger since I had graduated from it in 1971. It was24more than my homecoming; it was the perfect place to show off my theory. The School District25Superintendent, who had read my book, made it clear that the School Reform Commission26wanted discipline imposed fast and that I would receive the resources I needed to implement my27plan. With one more violent incident before the end of the school year, the school would be28designated as Persistently Dangerous under the No Child Left Behind Act. This was29unacceptable. Make no mistake: Zenger was a failed school, and I was hired to restore order30and regain control over a rogue student body. Studies show that academics improve when clear31rules are communicated, discipline is swift, punishment is stern, and, most importantly, students32know that they will be constantly observed.33

34My first priority was to deal with the gangs. I started at Zenger on a Friday and that same35weekend, maintenance staff worked overtime to chain most of the doors, within the provisions of36the fire code, of course, and scrub away the gang graffiti. The centerpiece of my tenure was an37increase in security. I needed to present an overwhelming show of force. I had the funds, so I38replaced six ineffective school district police officers with eighteen new security guards from the39private Hessian Security firm. I also doubled the number of metal detectors and installed new x-40ray machines at the entrances. Every person who entered the building was subject to search. I41installed cameras in all public spaces. There wasnt enough money to man the monitors at all42times, but I had security turn on all of the cameras red lights so the students would think they43were always being watched. Finally, I had lines painted down the center of the hallways and we44enforced strict traffic flow rules.45

46

I also made several changes in policy. We required school uniforms which consisted of navy47blue slacks or skirts and a red, white or blue polo shirt with school insignia. I enforced tight anti-48loitering rules and limited bathroom breaks to the first five minutes of any period. Anyone in the49


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hallways after that time was given detention, and repeat offenders received in-school50suspensions. The rule was also in effect with respect to after-school activities. I outlawed gang51signals, which the guards were trained to recognize. I tried to ban all mobile phones, but the52Commission wouldnt permit it after hearing complaints from parents and guardians.53

54

During my first week alone, there were over a hundred detentions handed out. There were so55

many that we had to schedule detention in the cafeteria. In addition, any student who could56possibly be suspended was, and a number of trouble makers were expelled, most of them gang57bangers. Not surprisingly, by the end of the school year, the hallways were clear. Of course, my58methods got a lot of attention, and rightly so! There were a number of positive articles and59editorials commenting on my progress. The community wanted action, and I gave it to them.60

61

The 2007-08 school year, my first full year, was my crowning achievement. Test scores62improved and, most importantly, violent incidents decreased. Students knew that any infraction63would be swiftly punished. More importantly, we stayed off the Persistently Dangerous Schools64List. One reporter called it the Miracle at Independence Hall. There were a few dissenters, as65always. Some teachers complained that my methods were too oppressive to the learning66environment. Fortunately, at a staff meeting near the end of the school year, one of our most67

trusted veteran teachers, Jo Bartlett, who coached the renowned debate team, openly68supported me. Bartlett was popular with the faculty. When s/he backed me, the rest of the69faculty followed suit. I was surprised at Bartletts support since s/he had also interviewed for the70principal job. I guess a few years of relentless school violence can change ones perspective.71

72

The 2008-09 school year was an entirely different, and ultimately tragic, story. The first73indication of a growing problem occurred in September, when a group of students just stopped74moving during lunch. Cafeteria lines backed up and we lost eighteen minutes of educational75time. I learned much later that it was called a flash mob, some new wave social commentary. I76discussed the incident with Capt. Huntington, my Chief of Security, who investigated and77reported back that it was a harmless prank. I had no reason not to trust Huntingtons judgment.78

79

The next event occurred November 22, at the Homecoming football game. During a timeout,80what seemed like the entire student body got up from the home stands and walked the track81that ran around the outside of the playing field to sit with the fans from Walton High, our biggest82rival! It was embarrassing, especially when it was reported on the local news. I was upset83because no rules were broken so I couldnt issue detentions or suspensions. My discipline84model is based on control, and respect, and I felt I was losing both. I also was frustrated that85Huntington knew so little. I felt something sinister was afoot and sensed a new gang forming. I86had numerous meetings with Capt. Huntington, who assured me that the incidents were pranks87that allowed students to harmlessly release some frustrations.88

89

In December, Capt. Huntington showed me new graffiti on a school wall. It read C O L unite90or d\. The COL was a gang I had never heard of. I told Huntington, who didnt know much more91

than I, to get to the bottom of it. S/he claimed to have a COL informant and said s/he was92pursuing leads. S/he had learned that COL stood for Children of Liberty. I took a picture of the93graffiti and directed Huntington to have staff scrub it off. I didnt find out until after the attack on94Caesar Rodney that Maddox Hale was behind the graffiti and the COL.95

96I was losing trust in Capt. Huntington, so I showed Jo Bartlett the picture and asked if s/he knew97anything about the Children of Liberty and whether they were behind the cafeteria and98Homecoming incidents. Jo told me s/he overheard some debate team members talking in99


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hushed tones about a COL but didnt know anything else. S/he said s/he would monitor the100team more closely and report back with any concrete information obtained.101

102Things remained quiet for some time after the graffiti incident until February 2009. We were103holding a special election to replace Bill Williams, the student body president, who had moved104out of town. Maddox Hale, then a senior, was running and had created a number of disturbing105

campaign posters. The posters were a take-off on an old political cartoon showing a cut-up106snake and included the line Unite or Die, the same slogan as the graffiti. Most disturbingly, the107COL was identified on the poster. I wish I had put two and two together right there and then.108This poster clearly promoted violence, had no place in my school and was contrary to our anti-109violence policy. I directed that all posters be removed immediately and sent a short memo to the110staff explaining my actions, because I felt they might be misinterpreted as censorship.111

112

The one positive from this display was that Maddox revealed her/his connection to the COL; I113became convinced Maddox was the COLs creator. I knew Maddox as the charismatic starof114the debate team, a student obviously skilled in the art of persuasion. I couldnt imagine why s/he115would want to threaten her/his future. As I expected, Maddox disapproved of my actions and116came to talk to me that day. However, rather than the calm, reasonable and logical student I117

expected, Maddox was confrontational. When I refused to reverse my decision, Maddox left my118office very angry. As s/he was leaving, s/he said You and your security thugs may be able to119censor me, but youll never be able to keep us quiet seven hundred sixty voices must be120heard.121

122

A few days later, I heard that Maddox was organizing a rally scheduled for February 27. I asked123Jo Bartlett what s/he knew and Jo told me that the real purpose of the rally was to embarrass124me and attack my policies. I was furious! I considered suspending Maddox, but Jo convinced125me to allow the event to proceed, explaining that otherwise, I would be creating a martyr. I126agreed that holding the rally was a win-win proposition. On the one hand, it was likely that few127students would attend since the outdoor rally was scheduled for what was forecast to be a cold,128windy day; Maddoxs campaign would lose momentum and the issue would die. On the other129

hand, if Maddox drew a crowd and caused a disturbance, s/he would violate the rule I created130that barred off-campus gatherings affecting school order, and I could suspend or expel her/him.131Such punishment was squarely supported by the recent Supreme Court decision, Morse v.132Frederick, because I deemed the rally a school sanctioned event. I would make sure my guards133were present to monitor for any violations of my rule. Jo concurred.134

135

At about 3:00 p.m. on the afternoon of the rally, I watched from my window as about two dozen136of the schools 1,200 students met Maddox across the street from the school. Anticipating137possible trouble, I directed that Capt. Huntington make all after-school security personnel138available for the rally: eight guards in all. It was a cold, gray wintry day, with six inches of snow139on the ground and the wind swirling. A few students carried signs and chanted some slogans,140but it was readily apparent that the rally was a flop.141

142Maddox addressed the tiny crowd through a megaphone, reading from a prepared speech.143While I thought that Maddoxs efforts were pointless, I applauded her/his resiliency. Just when I144was about to return to my desk and finish the days paperwork, the situation turned like a light145switch. All of a sudden, the students involved in a snowball fight began pelting the guards with146snowball after snowball. I grabbed my own megaphone and ran down the stairs to see if I could147get things under control. I yelled for the crowd to disperse or face arrest. Instead, they grew148more hostile. I saw one snowball strike a wall and fragments of rock exploded from inside it. It149was difficult to see who threw it, since the students were wearing hooded sweatshirts, scarves150


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or ski masks. In the middle of all of the commotion, I heard Maddox yelling at the crowd through151her/his megaphone. I believe I heard Maddox yell Do it!, Do it! Snowballs flew in waves,152dozens of them, or hundreds. One of the officers, Caesar Rodney, was struck on the head with153a rock filled snowball. He went down in a heap, his blood splattering the snow. A cheer went up154from the crowd; it made my skin crawl my students had become a mob.155

156

I watched as the guards rushed forward. Some of the crowd parted and ran, but parts didnt. It157was very chaotic. After the crowd scattered and things calmed down, I saw that the guards had158Hale and his/her buddies Button Gwinnett and Fran Lee under arrest.159

160

Immediately after the riot, city detectives got involved and I fully cooperated with them. None of161our security guards could clearly identify the student who struck Rodney due to the chaos, and162not a single one of the kids who we knew attended the rally would talk to me or the police until163the police convinced Fran Lee to talk. The anti-snitch culture is malignant among our City youth.164I did learn of the COLs Jitter website and how i t was most likely created by one person.165Unfortunately, the detectives were unable to trace the creator of the COL bugs because the166account was linked to an anonymous e-mail, and all of the comments were made from the web167and not an identifiable cell phone. In any event, before the site was shut down by Jitter, I read168

all the posts, including the bug that forewarned that guards would be attacked on February 27,1692009.170

171

My opinion is that Maddox posted those messages, including the message that directed172protestors to attack the guards with rock filled snowballs. My review of the website postings173reveal that the tone and content in those postings are overwhelmingly similar to the language174Maddox Hale admittedly used in the following items: (1) her/his campaign poster, (2) the e-mail175Maddox sent announcing the February 27, 2009 rally, and (3) Maddoxs speech given at the176rally. In addition, following Maddoxs arrest, there have been no further flash mob incidents.177Finally, the snowball attack threat is consistent with Maddoxs threat to me that I would never be178able to censor her/him. My opinion is based upon my training in Rhetoric and is offered within a179reasonable degree of certainty in that field.180

181Shortly after the attack upon the guards and the horrible injuries to Cpl. Rodney, I fired Capt.182Huntington for failing to discover the COL site and Maddoxs connection to it; had s/he done so,183the riot wouldve been prevented. Unfortunately, I was widely blamed for the riot. There will184always be an administrative scapegoat in these cases, and I was it. I saw the writing on the wall185and chose to resign before I could be fired.186

I, Carter G. Braxton, hereby verify that the above statement is true and correct to the best of myknowledge, information and belief

Signature DATE

Signed and Sworn to before me

George TaylorNotary Public, Commonwealth of PennsylvaniaMy commission expires: November 26, 2010


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STATEMENT OF JO BARTLETT Witness for the Prosecution

My name is Jo Bartlett and Im 63 years old. I currently live at 862 N. Witherspoon Ave. in1Philadelphia. For almost forty years, I have been a teacher at J.P. Zenger High School and, for2the past twenty years, I have coached debate. I was recently appointed as Principal on a3permanent basis by the School Reform Commission. I have undergraduate degrees in History4

and Political Science from Drexel University, where I focused on Colonial American politics, and5 I have a Masters degree in education from Widener University. These days, I dont get into the6classroom as much as I used to, but over the years I have taught history, civics, political7science, and a variety of seminars to sophomores, juniors and seniors.8

9

Since the first day that I visited Independence Hall with my parents as a kid, I have loved the10Declaration of Independence, the Constitution, and the amazing story of our nations birth.11What our founding fathers and mothers accomplished is truly heroic, erasing thousands of12years of despotism triumphing over democracy, tyranny of the majority crushing minority rights,13and the rule of men destroying the rule of law. The Bill of Rights has been my Bible since that14day. When I was younger, that faith got me in some trouble. In college, I was active in the15Student National Coordinating Committee, and although I never worked the front lines, I was16

arrested more than once for conspiring to block access to military bases or inspiring others to17

burn draft cards. Once, when I was in my 20s, a protestor I recruited took a swing at an MP. I18wound up pleading no contest to soliciting assault. That conviction was later expunged.19

20When I started at J.P. Zenger in 1969, the whole country, and most definitely the school, were21different. Zenger was an experimental school that thrived on open dialogue. Of course, that was22a long time ago. The late 70s and early 80s brought gangs into the neighborhood and violence23followed. People fled the cities and parents lost patience as the social diversity increased. Pretty24soon, the School Board gave us a strict new curriculum. Things went downhill from there and,25by 2007, Zenger wasnt the kind of place you wanted your kids to go.26

27

The violence came to a head on April 18, 2007. It was around the anniversary of Columbine and28just days after the Virginia Tech massacre. An e-mail was sent from an anonymous account to29the schools administration, promising an attack on the school to rid it of what was termed30unwanted immigrants. The email was almost completely ignored. Around 9:30 a.m., the fire31alarm was triggered and the halls filled with students. Two shots rang out, sending the school32into complete pandemonium. We all fled or hid wherever we could until, after two hours, police33declared the school safe. They never found the shooter.34

35

Predictably, the School Reform Commissions first act was to make a scapegoat out of then -36Principal Hopkinson, firing her. They then opened an emergency search for a replacement, and37I applied. I promised to end the violence by going back to our roots, opening a dialogue between38rival factions and easing tensions through communication. They looked at me like I was a relic,39a hippie or something, even though everything I proposed had worked before and was backed40up with decades of research. Instead, they hired Carter Braxton, who had a strong disciplinary41track record. I thought it was a terrible decision at the time and a betrayal of everything Zenger42stood for. I considered retiring, but what was I going to do? I couldnt abandon my kids. 43

44Braxton hired a small army of security guards and installed security cameras everywhere,45though we all quickly figured out that the cameras were mostly for show. S/He instituted many46policy changes - such as requiring school uniforms and handed out suspensions and47expulsions like they were hall passes. Not surprisingly, in the short term, s/he got results.48Everyone had been so spooked by the shooting that we all kowtowed. Actually, it was kind of a49


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welcome breather, a chance to focus on education again. Teachers got to teach, even if we50were still teaching to the tests, and theres no question that scores did go up. Parents and51guardians were happy, the School Reform Commission was pleased with the positive press,52and, I guess for a few months there, I kind of became a believer in Braxtons au thoritarian53model. I even backed Braxton up once in a faculty meeting when many staff nearly mutinied.54

55

The shooting incident still haunted me though, and I knew from the literature that some kids who56turn to violence are ones who are intelligent, feel misunderstood and, most of all, are socially57isolated. In the mid-80s, when the student council was stripped of its power to do anything but58plan dances, I quit as its moderator and started coaching debate, where I could get the same59thrill of seeing students eyes open to new ideas and perspectives. After the shooting, I decided60to use the debate team as a means of bringing some of the alienated students back into the61fold. That is when I first started paying close attention to Maddox Hale and Fran Lee, who were62both in my history class. From what I could see during Maddoxs sophomore year, s/he was a63very bright student who didnt have any friends and always dressed in black. Fran was a hard64core kid, an angry ganger from the old days. Maybe I was paranoid, but I suspected that one of65them was responsible for the 2007 shooting incident.66

67

Fran proved to be a good debater, but Maddox was brilliant; one of the most naturally talented68debaters I have ever coached. In Maddox's very first practice, s/he drew a parallel between 19th69Century suffragettes and the Sabine women, and I hadnt even assigned that part of the70Discourses! From that moment on, Maddox was the heart and soul of the debate team. Within a71couple of weeks, s/he had perfected the art of using historical examples as a part of her/his72rhetoric, and by the middle of her/his junior year, Maddox had memorized dozens of quotes! By73the end of her/his junior year, Maddox was one of the top-ranked debaters in the state.74

75

Looking back on it now, several things stick out in my mind. First, during her/his junior year,76Maddox became very focused on the period before the Declaration of Independence, rather77than on nation-building. S/he wrote her/his junior term paper on pre-Declaration violence, like78the burning of the HMSGaspee, the Battle of Golden Hill, and the tarring and feathering of79

British officials. Although it was a very impressive work, it bothered me to see Maddox writing80about a violent subject. I didnt mention that to her/him, though, and because Ididnt want to81dissuade such impressive scholarly efforts, I gave her/him an A on the paper. If s/he had82bothered to spell-check, it wouldve been an A+.83

84

In Maddoxs senior year, I noticed a huge change in her/his personality, especially once s/he85was named captain of the debate team. Maddox became cocky and defiant, and began currying86the favor of other members of the team to the point where they almost became her/his followers.87This was especially true of Button Gwinnett, a sophomore who was well-meaning but an88intellectual lightweight who I included on the debate team only as a favor to her/his89grandmother. Button supported whatever idea Maddox came up with and always sought to be90paired with Maddox during team exercises.91

92Another incident that seemed harmless at the time still echoes in my mind when I think about93the February 2009 riot. Shortly before winter break, I had the team debate whether freedom of94speech at a school should be trumped by the need of a school to maintain order and the95integrity of its educational mission. The topic was in the news after the Supreme Court issued its96regrettable decision on the lack of students free speech in the Bong Hits 4 Jesus case.97Maddox was second to speak, and s/he staked out the most extreme position possible, that98freedom of speech should be absolute and that restriction on expression of any kind, verbal or99symbolic, is unconstitutional. It didnt stop there, though. Maddox then applied this principle to100


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the dress codes and the fact that detentions were issued automatically to anyone who spoke ill101of the administration. The debate turned into an unabashed rant on the state of J.P. Zenger,102with members competing to see who could criticize Braxton most aggressively.103

104

While I was pleased that the students felt free to speak their minds, I realized things were105getting out of hand. When I tried to put the debate back on track, Maddox resisted. S/He started106

quoting Patrick Henry and H. Rap Brown in parallel, concluding that armed resistance has been107a constant throughout American history. I knew, of course, that Braxtons methods would108create resistance, because oppression always does, but I was stunned at how far Maddox had109come since the previous school year and how readily others followed her/him. I tried to explain110to the students that, without Braxtons control, the school would revert back to its state of two111years ago, when students were afraid to walk the halls, but turnover is constant in high schools,112and much of the team had never experienced that at Zenger. They only understood what they113were living, what Maddox termed Braxton fascism.114

115

I realized then that Maddox was one of the most dangerous people in the entire school! It116occurred to me that Maddox might have been behind the two school pranks; the statue event in117the cafeteria and the student walk out at Homecoming. Though I hadnt witnessed either, they118

were clearly the work of a creative mind. I was convinced that these events were part of119Maddoxs master plan. I also became aware of hushed discussions in debate team practices120and, though I usually couldnt hear what they were saying, I could tell that Maddox was in121charge based on body language alone. Every once in a while, I could hear Maddox quoting a122revolutionary figure and drawing a comparison to Braxton and the students struggles. Many123times, these were the same quotes I had hung around my classroom.124

125I resolved to keep a closer eye on Maddox and to work more closely with her/him. It was126definitely one of those "keep your enemy close" sort of tactics. Maddox was taking my regular127class and an advanced seminar, so we spent two periods a day together. I opened my library to128her/him. In the seminar, we focus on primary sources and spent hours reading Locke,129Rousseau and the Founders, dissecting quotes and discussing revolutionary theory. I was130

pleased to see that, with me at least, Maddox didnt talk about violent uprisings much. Instead,131we focused on the mechanism of revolutionary governance, both in its Constitutional forms and132in its earlier, secret iterations.133

134

In mid-December, Principal Braxton showed me a picture of a graffiti tag painted on school135property. In all my years, Id never seen a gang tag for COL, but I was intrigued. I always lecture136on the commercialization of propaganda, and I cite Ben Franklins political cartoons as early and137effective examples of this technique. So when I saw the incomplete unite or die written under138the marking, I assumed one of my disciples was involved.139

140

At the next debate practice, I listened more intently than ever to the banter between the141students, and learned that COL stood for "Children of Liberty." None of the students, though,142

admitted responsibility for the graffiti. Personally, I thought that Maddox was just playing dumb 143s/he was much quieter that day than usual. By this point, I was very concerned. Im all for open144dialogue, but secret conspiracies: no way. I realized that, for the safety of the school, it was my145responsibility to report what I was seeing to Principal Braxton.146

147Things came to a boiling point when Maddox ran for student body president. When Braxton took148down Maddoxs campaign posters, Maddox was incensed and sought my guidance. I advised149Maddox to confront Braxton directly and try to sort out the disagreement. I heard that,150unfortunately, things apparently got heated between the two, and Maddox left their meeting151


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angrier than ever. Maddox then told me that s/he decided to stage a rally and call out Braxton in152public. S/he sent an e-mail to the entire student body about it. Truly, I applauded Maddox for153using words instead of disobedience to get her/his message across, and I allowed Maddox to154use debate team time to practice her/his speech. That way, I hoped I could control what was155said and what was going to happen. I even helped her/him work with the Declaration of156Independence and mimic the syntax of the Founders.157

158Of course, I told Principal Braxton what Maddox was planning, but didnt get into the details of159the speech itself. I didnt think it was necessary. Braxtons initial reaction was to ban the event,160but I encouraged Braxton to allow the rally to proceed. In the end, Braxton agreed that the rally161would likely fail and would lead to the end of Maddoxs run at president, slowing down the162momentum of the COL. That way, speech would be protected. Of course I knew from Braxton163that guards would be there. I even mentioned it at debate practice that night and asked Maddox164if s/he still intended to go forward with the speech. S/he said s/he did, and I told Maddox I was165proud of her/him for standing up for the right to free speech. Unfortunately, we had no clue that166the rally was going to be used as a diversion to attack the guards. I wanted to attend the rally,167but the weather was worse than predicted and didnt want to chance hypothermia. Im no168longer a spring chicken! Plus, Id already heard the speech a half dozen times or so. I stayed in169

my classroom, surfing the Web. Frankly, Im glad I was not there.170171

After the riot, Braxton told me about the Jitter website, which I read. I then realized that Maddox172had been using my seminar to learn how to run a revolution! Now I understand why s/he took173such interest when I lectured on the Committees of Correspondence, and why s/he loved my174seminar lessons on Sam Adams, John Hancock and Silas Downer.175

176

About Jitter, I dont have much to add, and I had nothing to do with the email that Maddox177believes I sent her/him from the COLHQ. I do use e -mail, but that is about it when it comes to178computers. I did try that blogging thing once on a website I created, www.libertypole.net, right179after the Bong Hits 4 Jesus case but really that is about it when it comes to the internet. To me180it seemed like no one would care to read the ramblings of an old timer.181

182After the attack, I thought again about retiring; the school had changed so much and I carry a lot183of guilt about what occurred. Yet, when the School Reform Commission approached me about184taking over as principal on an interim basis, I felt I owed it to the school and the community to185prove that one doesnt need a dictator to have peace. Im happy to report that since the attack,186there have been no significant incidents of violence at J.P. Zenger, no gangs re-emerging, and,187since Maddoxs arrest, no acts by the COL. My success has been so appreciated that I was188recently named principal on a permanent basis. Im sorry that Braxton lost her/his job, but it189turns out I was right all along. As Thomas Jefferson said, the tree of liberty must be refreshed190from time to time with the blood of patriots and tyrants. It is its natural manure.191

I, Jo Bartlett, hereby verify that the above statement is true and correct to the best of my knowledge,

information and belief.Jo Bartlett October 12, 2009

Signature DATE

Signed and Sworn to before me

Charles Carroll - Notary Public, Commonwealth of PA, My commission expires: July 14, 2010
http://www.libertypole.net/http://www.libertypole.net/


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STATEMENT OF FRAN LEE Witness for the Prosecution

My name is Fran Lee. Im 19 years old. I attended J.P. Zenger until I was kicked out in March12009. I earned my GED last summer. Ive agreed to talk in this case; in exchange for testifying2against Maddox Hale, the prosecutor reduced my crime from aggravated assault to simple3assault and agreed to give me 18 months probation. I was probably looking at two to four years4

of state prison time if Id have been convicted ofaggravated assault.56I now live in New Ochota, Georgia with my aunt and uncle. I had to move because Im viewed7as a snitch, and that makes it dangerous for me back home. Its about the worst thing you can8be. Im currently taking classes in restaurant management. After things cool down, I want to9move back and open a fancy restaurant in Rittenhouse Squa re. Im gonna call it Swank.10

11

Going to high school at J.P. Zenger was hard. You definitely needed to be tough if you wanted12to survive. Fighting was just a part of growing up in the city. It didnt matter if you were real13smart or a girl, or whatever; you had to hold your own or you would always be picked on. Lots of14kids joined gangs for protection. Thats just the way it was, and most of us didnt know any other15way. Most of the gangs at Zenger were based on what neighborhood or ethnic group we16

belonged to. I managed to stay out of the gangs until 8

th

grade, when I joined the Liberties. We17

only allowed native born kids to join. You see, our school was getting to be like the United18Nations, and we hated it. All these immigrants were taking over old neighborhoods and forming19their own gangs.20

21

I know Maddox pretty well since wed gone to school together for years. Maddox is a strange22kid. S/he always had a weird stare, like you could never be quite sure what s/he was thinking,23and sometimes s/he tried too hard to fit in. Other times, Maddox would do whatever s/he could24to anger people. Maddox never got in a gang, because no one wanted her/him and s/he couldnt25be trusted. Toward the end of our sophomore year, right before the shooting in school, and26before we had school uniforms and all that stuff, Maddox started to wear all black and became a27complete loner. It was freaky, like s/he was patterning her/himself on the Columbine kids. I28wouldnt be surprised if it was Maddox who fired those shots in our sophomore year.29

30

We all wanted things to change after the school shooting but what we got, Principal Braxton,31was far worse. With Braxton running the school putting traffic lines in the hallway, making us32wear uniforms, posting an army of security thugs everywhere, sending us to detention for just33breathing - we felt like prisoners. I got five detentions in my junior year alone just for crossing34the double yellow line, and two times I didnt even do it; the guards just wrote me up to harass35me. I hated them, and Im pretty sure they despised me. Braxton made things so bad for us, we36had no choice but to turn our anger on her/him. I felt like dropping out many times, but I was37determined to graduate, just to stick it to Braxton and the guards.38

39Bartlett was my history teacher and since I was a natural at arguing, s/he recruited me for the40debate team. Everyone thinks that debate is for geeks, but at Zenger, it became the only place41to vent and not get in trouble. Plus, Bartlett was pretty cool. I was shocked though when42Maddox was recruited by Bartlett to join the team too. As it turns out, Maddox was a lot better43than me. I relied on passion, but her/his arguments were more logical, and s/he was always44using quotes and fancier words to say stuff. The team eventually came to admire Maddox,45which upset me. Mostly to spite Maddox, I usually took the opposite position as s/he did and46tried get as many people behind me as possible. I guess we became rivals.47

48


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By my senior year, Zenger had become even more like a prison, if that was possible. The49students complained all the time about how much we hated Braxton. Maddox was more50annoying than ever, having been named captain of the debate team over me. Maddox had the51underclassmen worshiping her/him. The worst was Button Gwinnett, a sophomore, who52followed Maddox around like a puppy dog. Pathetic! Maddox couldve gotten Button to do53anything.54

55I first heard about the COL sometime in September of my senior year. I cant remember who56told me, but I found out there was this Jitter site where someone was bugging about our57school. I dont believe COL even existed before my senior year, when Jitter became popular.58Anyway, all you had to do to join was have a Jitter account and sign up to track the bugs on its59web page, www.Jitter.com/COLiberty.A lot of us dont have computers at home, and we didnt60want to sign up at school, where Braxton might be watching, so I signed up over at the Reilly61Public Library. A whole bunch of Zenger students use those computers to do our homework62and check email or surf the Web, since the library is only a block from school. Plus, everyone63who signed up for the COL could receive real time updates. Most students, including me, signed64up to track COL bugs as texts to our cell phones. It was just something we all did. We knew the65adults had no clue the website even existed. It was too new. Adults are always a step or two66

behind kids, especially with electronic messaging.6768

People say that the COL was just another gang. Thats bull. The Liberties was a real gang, with69a leader you knew and brothers and sisters who you could count on to cover your back. The70COL wasnt like that. Whatever it was, a lot of Zenger students signed up. After Braxton71harassed all of the gangs out of school, students had to direct their energy somewhere. The72COL name was a play off of the Sons of Liberty, the secret organization of American patriots73before the Revolutionary War. That was pretty cool.74

75

The first COL text I got was the one announcing the cafeteria flash mob. Button Gwinnett told76me s/he was going to do it because Maddox thought it was cool. I decided to join in because I77was really curious to see what the guards would do; I loved the idea of taunting them. There78

were about thirty of us who participated, and all we did was act like statues for five minutes or79so. The three cafeteria guards didnt know what to do. They tried to get us to move, but we80wouldnt. They called for Capt. Huntington, but before s/he arrived, we started moving again.81Capt. Huntington detained Button because Button did the statue thing a minute early, so I guess82they thought that s/he was the leader. As if! Button got ten days detention. Anyway, we totally83messed up lunch and for the first time since my old days with the Liberties, I felt powerful.84

85

After that, the Jitter messages became more intense and took direct shots at Braxton. I liked the86one where it said Braxton was lobotomizing us and that we must Unite or Die. More and more87students signed up for COL messages and it became something everyone would talk about88when a new bug went up. It was definitely the cool thing to do. Button and I would often discuss89who we thought was behind the COL. It didnt take a genius to narrow it down. A l ot of the90

language seemed to come right from the walls of Bartletts classroom, and Maddox always used91old quotes whenever debating. Bartlett was obsessed with the Revolutionary War and the92Founding Fathers, and put up the quotes around her/his room. Maddox, though, was more than93obsessed; more like possessed. I even heard Maddox speaking in Colonial dialect during94normal conversations. Thou must give me a hoagie. What a loser!95

96The COL bugs were all put up at 2:15 a.m. from the web, so the bugger was obviously pre-97programming in the time for posting. Its not hard to find that feature on the website. It lets you98bug at a set time up to 48 hours in advance of when you want the Jitter Bug sent. I confronted99


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Maddox a few times and s/he always denied even tracking the COL website. Still, I knew s/he100was doing it. I asked Maddox about that pre-programming feature once and s/he just smiled. It101was one of those knowing smiles like s/he was keeping a secret. Anyway, I saw Maddox all102the time at the Reilly Library, using the public computers over there. Thats probably where s/he103wrote all the COL messages.104

105

On the morning of the Homecoming game, November 22, we all got another Jitter flash mob106message telling us what to do. Again, it went off without a hitch. All of the students in107attendance, about a couple of hundred, got up in unison when the visiting coach used his first108timeout during the second half, and walked in silence around the track and sat down in the109visitors' bleachers. It was awesome and even got covered on the evening news. It was the110perfect statement. Maddox even participated, grinning like s/he had just watched Little Wayne111doing a rap s/he had written. I must admit, though: Maddox killed it.112

113On December12, there was a Jitter message about leaving our mark on the school. Button114asked me what it meant. I told Button that I thought it meant that COL members should tag their115turf with spray paint, like I used to do in the Liberties you know, graffiti. Button took my116explanation as a suggestion and went out and bought spray paint. I went looking for Button and117

finally found her/him in the alleyway on the north side of the building. S/he had already painted118the C O L on the wall. I tried to grab the can from Button and told her/him s/he was st upid and119could get expelled since there was a security camera in the alley. Button stopped, but then120Maddox showed up, as if from thin air. Maddox was really ticked off and yelled at Button in that121ridiculous Colonial-speak: Why art you stopping?! You should finish without fail what you have122resolved to do. This is too important to quit nowyou have to make your mark! It was such a123bizarre rant I just froze until I heard Capt. Huntington yelling at us. We all took off. I followed124Maddox out of the alleyway because I knew the other way was blocked off. I didnt see Button125behind me and I knew that s/he must have been caught.126

127

I expected to be called into the Principals office the next day, but nothing came of it. I asked128Button about it. Button said Capt. Huntington let her/him go so long as she scrubbed the paint129

off. A couple of days later, there was another bug applauding the graffiti artist BG, who we all130knew was Button. After that last bug, there was nothing from the COL for almost a month. I think131Maddox wanted to let the heat cool a bit.132

133

When the election for the new student body president was announced in January, I wasnt134surprised Maddox wanted to run. Only an egomaniac would want a short-term position with an135impressive title but no power. It seemed really stupid to me, but the debate team got behind136Maddox and helped create that ridiculous campaign poster. I asked Maddox why s/he put the137COL logo on the poster and s/he said Button suggested it. I was shocked, just shocked - yeah,138right - that Braxton had the posters removed. Of course, Maddox got that deranged stare again139and focused on organizing a school-wide rally as part of a campaign against Braxton.140

141

In the week leading up to the rally, Maddox used the debate meetings as a personal platform to142push her/his election. Bartlett even helped Maddox prepare her/his speech and forced us all to143listen to Maddox practice it, even though we had a big debate tournament coming up. The144morning of the rally, we all got a COL flash mob message instructing us to throw rock filled145snowballs at the guards at the point in Maddoxs speech when s/he says I have not yet begun146to fight.147

148

The day of the rally was really cold and windy. I went only because I was curious. There were149just a few dozen students there. I thought the COL had more juice behind it by now, and I think150


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Maddox was expecting hundreds to attend, so that kind of brought a smile to my face. I was151bored immediately, so a couple of us started a snowball fight and tried to ignore the speech, but152Maddox just plowed ahead. Hate to admit how good Maddox can be in front of a crowd, but s/he153really got rolling with the speech. When s/he yelled into the megaphone - and I mean really154yelled - I have not yet begun to fight, everyone in the snowball fight started throwing snowballs155at the guards, including me and Button, who was next to me. I was startled, actually, at how156

forcefully Maddox delivered that line. S/he had never rehearsed it like that in the debate club157practices.158

159

Anyway, it was cool to see again how much power we, I mean the COL, could wield. There160were about eight guards there, and they didnt react at all. They just stood still. No one was161throwing stones or rocks yet, and we were maybe 25 to 30 feet apart from the guards, but162moving closer with each volley. Maddox stopped speaking and moved between us and the163guards. Maddox was encouraging us, yelling through the megaphone, Dont Stop! Dont Stop!164We kept throwing snowball after snowball, but none had any effect. Then Maddox started165getting hit and s/he moved out of the way. Im pretty sure I saw Maddox move to the other side166of Button and start throwing snowballs as well. It was all getting a bit frantic and hard to tell167where ever

2010 National Case Comm Wv Hale

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