CNMI Mock Trial 2016/Douglas v. Harrison 2016 CNMI HIGH SCHOOL MOCK TRIAL CASE Devon Douglas v. Riley Harrison 1 1 This case is an adaptation of a prior case created for and utilized by the Colorado Bar Association High School Mock Trial Program. The CNMI Bar Association and NMI Judiciary are grateful to Carolyn P. Gravit, Director, Public Legal Education Department, Meghan S. Bush, Program Manager, Public Legal Education Department, the Colorado Bar Association, and the Denver Bar Association for their assistance and permission to adapt the case for our 2016 CNMI High School Mock Trial All names, events, places, and circumstances in this case are fictitious or are used fictitiously. Any resemblance to any person (living or dead), place, thing, or event is purely coincidental.
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CNMI Mock Trial 2016/Douglas v. Harrison
2016 CNMI HIGH SCHOOL MOCK TRIAL
CASE
Devon Douglas
v.
Riley Harrison1
1 This case is an adaptation of a prior case created for and utilized by the Colorado Bar Association High
School Mock Trial Program. The CNMI Bar Association and NMI Judiciary are grateful to Carolyn P. Gravit,
Director, Public Legal Education Department, Meghan S. Bush, Program Manager, Public Legal Education
Department, the Colorado Bar Association, and the Denver Bar Association for their assistance and
permission to adapt the case for our 2016 CNMI High School Mock Trial
All names, events, places, and circumstances in this case are fictitious or are used fictitiously. Any
resemblance to any person (living or dead), place, thing, or event is purely coincidental.
CNMI Mock Trial 2016/Douglas v. Harrison Page 1
CASE MATERIALS
Table of Contents
THE PROBLEM
Case Summary ...................................................................................................... 2
Witness and Exhibit Lists ....................................................................................... 3
drugs and alcohol, driving training and experience, familiarity with vehicle and 35
environment, fatigue, inattention, perception-reaction time, response to the 36
unexpected, risky behaviors, stress, and panic. 37
In August 2015, I was contacted by Devon Douglas to review the circumstances 38
of an accident that occurred on June 26, 2015. Mr/s. Douglas was riding a bicycle at 39
the time of the accident and was hit by a car being driven by Riley Harrison. As a result 40
of the accident, Mr/s. Douglas suffered severe body trauma. As part of my 41
investigation, I reviewed the affidavits of Devon Douglas, Riley Harrison, Addison Klaver 42
and Mar Almanza, as well as Exhibits 1 through 10. 43
Based on my review of the witness statements, I learned that Mr/s. Douglas, age 44
twenty two, was riding a bicycle on the pedestrian path along Quaker Street near the 45
intersection of South Golden Road in the city of Golden Harbor, Saipan. Mr/s. Douglas 46
was wearing a helmet and having a phone conversation about work using earplugs. 47
CNMI Mock Trial 2016/Douglas v. Harrison Page 15
S/he is an IT consultant with client management responsibilities, and the conversation 48
was about a client project that was going badly. From my experience, I know that bad 49
news tends to cause tension in a person and then the person will focus on that news, 50
which often leads them to lose focus on other aspects. Here, if Mr/s. Douglas was 51
worried about her client, s/he was probably a little distracted from the action of bicycle 52
riding. However, it is very hard to measure how much a distraction impacts a person. 53
Each individual handles focus very differently. Adults handle it better than developing 54
teenagers. In addition, the type of distraction matters a great deal. 55
Although, I believe Mr/s. Douglas was likely distracted by her conversation, I do 56
not believe that was the cause of this accident. S/he was on a hand-free set and 57
looking up and ahead of her/him the entire time. From my review of the affidavits, the 58
pedestrian crossing signal had gone from flashing to solid when Devon Douglas 59
reached the intersection. The better practice would have been for her/him to stop, but 60
s/he still would have had the right of way in the intersection because the light was red 61
for cars. At that same time and place, the defendant, Mr/s. Harrison, driving a Marina 62
Civic, was proceeding westbound on South Golden Road approaching this red light. 63
Mr/s. Harrison ran the red light and hit Mr/s. Douglas, who had entered the intersection. 64
Mr/s. Harrison, is a teenager who we can assume has only had a driver’s license 65
a short amount of time. Just before the accident, Mr/s. Harrison had left his/her house 66
after a heated argument with her/his parents and s/he admits in her/his statement to 67
being very upset while driving. Emotional swings in teenagers are common, and most 68
teenagers are not equipped to deal with emotional upheaval as well as most adults. 69
Being emotional behind the wheel of a car will cause distraction and less attention 70
focused on the act of driving. In this situation, we have an emotional teenager who 71
CNMI Mock Trial 2016/Douglas v. Harrison Page 16
adds to his/her distraction by frequently glancing away from the road to look at his/her 72
phone. Mr./s. Harrison says that shortly after leaving the house s/he decided to vent on 73
Facebook via her/his phone about her argument with her parents. His/her comment 74
received numerous likes and comments that Mr/s. Harrison checked immediately and 75
even responded to. As s/he was about to cross the intersection where the accident 76
occurred, Mr/s. Harrison received another message. Mr/s. Harrison stated that s/he 77
momentarily looked down at his/her phone on his/her lap. It is not clear whether s/he 78
had one or both hands on the wheel at this time, but for sure s/he did not have both 79
eyes on the road. 80
Based on my research and experience as forensic traffic psychiatry, it is clear that 81
distracted driving is extremely dangerous because it diminishes the ability of the brain to 82
focus. Some of the most recent scientific findings include: 83
66% of drivers 18 to 24 years old are sending or receiving text messages while 84
driving. 85
Teenagers, in particular, use texting as major means of communication. A 2012 86
study said that the average teenager sends/receives 60 texts per day. 87
Motorists on cell phones exhibit the reaction speed and coordination of drivers 88
with blood alcohol levels exceeding 0.08 – that’s like getting behind the wheel 89
after 4 drinks. This would also be the case for bicyclists. 90
Drivers on cell phones are four times more likely to be in an accident. 91
A 2002 study showed that talking on a cell phone was the cause of at least 2,600 92
deaths and 330,000 injuries annually. 93
The National Safety Council's 2014 Injury Facts reported that the use of 94
cellphones caused 26% of the nation's car accidents. 95
CNMI Mock Trial 2016/Douglas v. Harrison Page 17
Research also shows that simply looking at a text message while traveling at 40 96
mph is like driving the entire length of a football field blindfolded. 97
My expertise is not about the scene of the accident specifically, but more about the 98
events and behaviors that caused the two individual’s traffic interaction. I’ve already 99
explained that while Mr/s. Douglas was distracted by his/her phone conversation, I do 100
not believe he/she is the cause of this accident. S/he is an adult who is better equipped 101
to handle multiple tasks at one time, s/he is older and likely has years of experience 102
riding a bicycle, and s/he was on a hand free set allowing her/his head to be looking 103
up and her/his vision was clear. 104
Based on my investigation, it is my opinion that the subject accident was caused by 105
the distracted driving of Mr/s. Harrison. The defendant, Mr/s. Harrison, is a teenager and 106
a fairly new driver with limited experience behind the wheel. Just before the accident, 107
Mr/s. Harrison was in a heated argument with her/his parents and s/he admits to being 108
very upset while driving. Mr/s. Harrison was distracted just prior to the accident by 109
sending texts and receiving Facebook messages. But, most significantly, Mr/s. Harrison 110
was distracted at the time of the accident by looking at the message s/he received, 111
causing him/her to run the red light and strike Mr/s. Douglas. Therefore, in my expert 112
opinion, Mr/s. Harrison’s agitated state and distracted driving was the real cause of this 113
accident. 114
I have carefully reviewed this statement, and it includes everything I know of that 115
could be relevant to the events I discussed. I understand that I can and must update 116
this statement if anything new occurs to me before the trial. 117
// 118
// 119
CNMI Mock Trial 2016/Douglas v. Harrison Page 18
Subscribed and Sworn to in Golden Harbor, Saipan, CNMI on the 1st Day of 120
November, 2015. 121
Young Van Buren 122
Young Van Buren 123
CNMI Mock Trial 2016/Douglas v. Harrison Page 19
Affidavit of DEVON DOUGLAS – Plaintiff Witness
My name is DEVON DOUGLAS. For most of my 22 years, I have run into obstacles 1
others have put in front of me and I have pushed through those obstacles to get what I 2
deserve. But on June 26, 2013, an obstacle ran into me – a vehicle driven by Riley 3
Harrison. My life was starting to turn around, and I was making plans for a bright future. 4
That all changed the day Riley Harrison decided that reading a text message was more 5
important than watching the road. 6
I moved to Golden Harbor after graduating from George Washington in Guam. 7
My high school grades were good enough to get me a partial scholarship to Golden 8
Tech and Trade, which I needed because my family has never been rich. I moved here 9
with just enough money to pay the tuition and books not covered by my partial 10
scholarship. I met my spouse my freshman year and we got married before the end of 11
the first semester. Our daughter, Nancy, arrived my sophomore year and our son, 12
James, my junior year. Before the accident, my spouse took care of the kids and I went 13
to school during the day and worked evenings and weekends. I worked the help desk 14
in the IT department for Xplorotech. They are a global oilfield services supplier with 15
operations and offices all over the world, but most of their computer support operations 16
are based here in Saipan. Computer support is not what I wanted to do with my life, 17
though. The help desk job paid enough that I could pay living expenses and college 18
expenses not covered by my scholarship, and the position gave me the flexibility to 19
work evenings, weekends, and even remotely. Xplorotech, however, had promised to 20
hire me on in their technology research division and transfer me to California once I got 21
my electrical engineering degree. That would have been my dream job. 22
CNMI Mock Trial 2016/Douglas v. Harrison Page 20
Since I moved to Golden Harbor, I have become an accomplished bicyclist. 23
Riding helps me work out some of my frustration. I always wear a helmet, but one which 24
allows me to wear ear buds. That way I can listen to music, but it also lets me talk on the 25
phone so I could be on-call with Xplorotech. On-call shifts pay overtime and you just 26
have to be available by phone to take service calls. I always talk hands-free, of course. 27
In fact, I was on the phone trying to fix a major system outage in Calgary when the car 28
hit me. 29
I like to bike farther up north, to Radar. I have ridden up to that area a couple 30
hundred times or more. I always take the same route from my house there and back. 31
On the day I got hit I was finishing my ride and heading back home. I was talking with 32
the field office in Calgary. All they had left to do was restart the system, but that has to 33
be done in a very specific order. Since I was riding on the street, I had my left ear bud 34
out. I know some people have said that I had both ear buds in, but I always take the 35
left ear bud out when I’m riding on the street. Anyway, I was riding south on Quaker 36
Street, and I was at a critical point in the restart sequence. As I came up on the 37
intersection with South Golden Road, the crosswalk signal had been flashing. It’s not like 38
I wasn’t watching what I was doing. I can talk with someone on the phone and watch 39
what I’m doing. Yeah, I was a little focused on the phone call, but I was still aware of 40
what was going on around me. 41
I remember a lot of what happened in the crash. Thankfully, my helmet stayed 42
on and I don’t think I ever passed out. Just as I got to the intersection the crosswalk 43
signal stopped flashing. I had expected it to flash a little longer, but even when it stops 44
flashing you still have about five seconds before the light turns green for the cross traffic. 45
That was more than enough time to get safely across the road. Maybe if I hadn’t been 46
CNMI Mock Trial 2016/Douglas v. Harrison Page 21
dealing with the system restart I might have looked harder to make sure nobody was 47
going to run the light, but that doesn’t mean the accident was my fault. I am 100% sure 48
that the light had not turned green for traffic on Golden Road. In fact, there was a big 49
truck in the east-bound lanes stopped at the light. I was watching the truck and 50
checking the light, while talking to the people in Calgary, as I rode into the intersection. 51
Out of nowhere, a car shot into the intersection and hit me. I did not even have time to 52
swerve. 53
I was thrown about thirty feet. My bike was so mangled that my spouse had it 54
mounted on a wall – as a sort of trophy for my surviving the crash. At first, it seemed like I 55
was okay. Sure, I hurt everywhere and I had some nasty scrapes, but I could get up and 56
walk around. Then about a week later I got my first migraine. I had never had a 57
headache like that before - blinding pain so intense I could barely crawl into the 58
bathroom to vomit. It wiped me out for days afterward. Then I got another one – and 59
another one. Pretty soon I was having multiple migraines a day. Apparently, the 60
accident damaged a facet joint in one of the cervical vertebrae in my neck. When the 61
vertebrae rub together, it irritates a nerve that triggers the migraines. At first, the doctors 62
treated it with cortisone injections. That gave me some relief, but it was a short term 63
solution. Eventually I had to have what’s called a facet rhizotomy. The doctor injected 64
phenol into the damaged facet joint to destroy the nerve ending. Sticking a needle into 65
my spine made me nervous, but it wasn’t that painful. Burning the nerve with the 66
phenol was a different story. I guess for some people it’s not that bad, but for me it was 67
excruciating. When the injection was done, it felt like the needle was still there because 68
I couldn’t move. I was actually in tears because it hurt so much. They gave me pain 69
CNMI Mock Trial 2016/Douglas v. Harrison Page 22
killers, but they didn’t do much and I was in such bad pain for about two weeks that I 70
couldn’t go to work. 71
Then things were pretty good for a while. I could work again, and I started school 72
in the fall, but then the migraines started coming back. It turns out that rhizotomies are 73
not necessarily permanent, and the burned nerve ending grows back. When that 74
happens, I have to go through the process all over again – maybe every few months for 75
the rest of my life. The pain from the rhizotomy procedure was bad enough that I put off 76
the second one as long as I could, but eventually the migraines were so bad I couldn’t 77
work and I couldn’t go to school. The second rhizotomy procedure was just as horrible 78
as the first, but at least now I should be okay for several months. 79
Sometimes, though, when I think about having to go through this cycle, over and 80
over and over again, for the rest of my life – it’s more than I can take. Worse, I’m not 81
sure how I can pay for it. The help desk is a contract position at Xplorotech, so I don’t 82
have health insurance. Since I was talking on the phone about work when I got hit, I 83
filed for workers’ compensation, but my claim was denied. I have used up all of my sick 84
time at work, but I know that when the headaches start up again, I will have to take 85
more time off. I really don’t know what I am going to do. Plus, there’s no way I can put 86
the necessary time into school. The last series of headaches coupled with the time I was 87
out of commission from the rhizotomy, and it really hurt my grades. I don’t want to 88
accept it just yet, but I don’t see how I can keep working for Xplorotech, let alone stay 89
in school long enough to get my degree. 90
I have a spouse and two young children who depend on me, and I am not sure I 91
am going to be able to keep my help desk job, let alone finish my degree and become 92
an engineer. I can’t afford to buy a new bike at a time like this, but biking was my stress 93
CNMI Mock Trial 2016/Douglas v. Harrison Page 23
release. It may seem like a small thing to other people, but it’s a huge thing to me that I 94
can’t bike anymore. In fact, I worry about making my neck worse now that it has 95
already been injured. That means I don’t dare ski any more. In fact, I don’t do anything 96
that might be high impact, like running or any sports. I used to be very active and I hate 97
that this accident has taken that away from me. 98
This crash changed my life, and it’s all the defendant’s fault! It is one thing for 99
someone like me who is used to talking hands free on a bike to talk on the phone. It is 100
unforgiveable to be distracted by texting while driving a vehicle that can do the level 101
of damage that this did to me. 102
I have carefully reviewed this statement, and it includes everything I know of that 103
could be relevant to the events I discussed. I understand that I can and must update 104
this statement if anything new occurs to me before the trial. 105
Subscribed and Sworn to in Golden Harbor, Saipan, CNMI on the 1st Day of 106
November, 2015. 107
Devon Douglas . 108
DEVON DOUGLAS 109
CNMI Mock Trial 2016/Douglas v. Harrison Page 24
Affidavit of Mar Almanza – Defense Witness
My name is Mar Almanza. I’m retired. I was a rancher up outside of Butte, 1
Montana, until I retired and moved to Golden Harbor. Docs say I need to live at a 2
lower elevation, because of my ticker needing oxygen. My better half is from here and 3
seems everyone in the family is a doctor here in Golden. Which is good, cause my 4
spouse has a touch of diabetes, and they are keeping a good eye on it. I will say, it is 5
easier for me to function here during the winter, since it isn't freezing like at the ranch. 6
Still, we ran a pretty good outfit, ten thousand acres, five to ten thousand head, horse 7
herd of forty, hay operation, irrigation, until we gave up on the cattle. Then I ran hunters 8
and fishermen and dudes, right up to age 72, five years ago. My boys run it now. Miss it. 9
We get back there, when it isn't winter to visit, but not enough and it’s not the same. 10
Room to breathe back at the ranch, not like here where things are just nuts. Things like 11
this happening all the time. Up there everybody except the tourist dudes know how to 12
drive, worst that can happen on the ranch is to have a horse step on you. 13
I remember the accident, sure. You never forget stuff like that. I was on my way 14
home going south on Quaker Street in the right lane. There are two lanes going in each 15
direction. The roads were dry and traffic was fine. 16
Anyway as I was saying, I was headed home when I saw him/her – the biker. 17
Well, not a real biker, not riding a real bike, like a Harley or anything, a bicyclist. S/he 18
was riding the shoulder, weaving around traffic a bit. S/he was hard to miss in the loud 19
shirt and the tight shorts and the weird shoes, the whole nine yards. Helmet and ear 20
phones, in both ears, deaf as a post. Bicyclers even cut through our property here, to 21
get to some trail they like to ride. Trespassers with no respect. Anyway,I had been 22
behind him/her for a bit, but s/he beat me to the light because s/he was busting the 23
CNMI Mock Trial 2016/Douglas v. Harrison Page 25
rules the way they all do – weaving back and forth from the shoulder into the traffic 24
lane. Blocking legitimate traffic. They act like they are cars on the road and won’t let 25
you pass, then act privileged in the intersections, like pedestrians. Too good to wait at a 26
light like the rest of us law abiding citizens. Jerk. 27
I was 40 yards away from the intersection, about, when the light turned yellow. I 28
started slowing down, but the biker just kept going. The light turned red and the biker 29
cruised across exactly like the lights didn’t apply to him/her, head down, oblivious. 30
Well this wasn’t going to end well, accident waiting to happen. Sure enough, in 31
the intersection, wham-o, a car crushed the biker. I was punching 911 before the biker 32
hit the ground. S/he was thrown like a broken doll and landed maybe 30 feet away 33
from the impact. The bike landed maybe 20 feet beyond that on someone’s lawn. The 34
car swerved like mad before the brake lights came on, went about 75 feet past the 35
intersection and jumped the curb. 36
I got to the biker who was hurt pretty bad. Out cold, but not bleeding except for 37
being banged up, lying at an odd angle so I didn’t try to straighten her/him out, airway 38
clear, breathing good, but maybe internal bleeding. I been taking care of the cowboys 39
on the ranch since we hired the first one––someone’s gotta do it and couldn’t trust 40
anyone else––so I picked up plenty of emergency medicine along the way. Damn fool 41
cowboys always coming off horses, flatland hunters shooting each other or the dogs, 42
birdshot. Anyway, I still had 911 so I told her to get moving, we had a body that wasn’t 43
going to get any better by her/himself. 44
The driver of the car came over all shook up, a baby, maybe 16 or 17 years old. 45
So I had a mess on my hands. I told one guy to direct traffic and another to get the 46
attention of the medics when they arrived and tell them where we were, and another 47
CNMI Mock Trial 2016/Douglas v. Harrison Page 26
to keep folks away from us. Let us breathe. The medics with the Fire Department got 48
there before the cops, about normal. And that was it. 49
When the police showed up, I told them what I had seen. The light turned red 50
before the biker got there, and s/he just rode on through. I was watching good 51
because I knew that biker was going to ignore the signal – just normal for them. 52
I did not know either of the parties involved in the accident, until they made me 53
late getting home. I just did what I could and want to see justice. 54
I have carefully reviewed this statement, and it includes everything I know of that 55
could be relevant to the events I discussed. I understand that I can and must update 56
this statement if anything new occurs to me before the trial. 57
Subscribed and Sworn to in Golden Harbor, Saipan, CNMI on the 1st Day of 58
November, 2015. 59
Mar Almanza . 60
Mar Almanza
CNMI Mock Trial 2016/Douglas v. Harrison Page 27
Affidavit of Addison Klaver– Defense Witness
My name is Addison Klaver. I was born in Durango, Colorado and I have lived in 1
Colorado my entire life. After completing my engineering degree at the Colorado 2
School of Mines in only 3 years, I got a job as a stunt coordinator in the movie industry. 3
Colorado has great scenery for action movies. I was primarily responsible for explosives 4
and high-action reconstruction. It was then when I met my greatest mentor, a retired 5
police officer. He was primarily responsible for code enforcement. You know, making 6
sure that our work was squarely within the law. He was also responsible for doing a 7
reconstruction of the event anytime something went wrong and people got hurt or 8
died. I learned many things from him over the years, including code enforcement and 9
reconstruction. He actually put together a formal training for me leading to a 10
certification in accident reconstruction through the state of Colorado. Life was perfect 11
then. 12
Unfortunately, he tragically died during one of his reconstructions. A bicyclist 13
decided to drive through a closed reconstruction zone, nipping a wire, and leading to 14
a premature detonation. There were many signs warning the bicyclist to not enter the 15
area. There even was a clearly marked detour. 16
I was devastated. Everything changed. I changed. People just do not get how 17
dangerous bicyclists can be. We have to do something or we will never be safe. 18
With respect to this case, I was hired by the Defendant’s attorney to give expert 19
opinions about the cause of the Plaintiff’s allegations. I have been giving this sort of 20
expert testimony for about 21 years and testified at trial hundreds of times. My office has 21
been in Durango since I opened it in '92, but I have testified all over. I do have a 22
CNMI Mock Trial 2016/Douglas v. Harrison Page 28
pension that pays me about $42,000 per year and a cabin up in Durango Hills, so I do 23
not need to do this work. However, when I do expert work I charge $250 per hour. 24
My services include, but are not limited to, investigation, engineering analysis, 25
safety analysis of equipment and facilities, accident reconstruction, reports, affidavits 26
and consultations in anticipation of trial. 27
When analyzing these accidents I use principles of engineering in addition to 28
human factors, safety design, safeguarding, sensory warnings, and state codes and 29
standards. As part of my investigation, I reviewed the affidavits of Devon Douglas, Riley 30
Harrison, Young Van Buren, and Mar Almanza, as well as Exhibits 1 through 10. 31
In this particular case, I reviewed the available evidence, obtained relevant 32
vehicle information, and evaluated and analyzed the subject accident using 33
accepted accident reconstruction techniques, including the principles of conservation 34
of energy and conservation of momentum. I also visited the incident site myself to 35
confirm the topography of the bike crossing and also to take some measurements. 36
Based on available evidence and my training, education, and experience, with 37
a reasonable degree of probability I have reached the following conclusions: 38
The relative closing speed between the vehicle and the bicycle at the time of 39
contact was approximately 8 mph, or less. 40
As a result of the bicycle making contact with the vehicle, the bicycle 41
accelerated forward in the direction it was going originally with a change in velocity in 42
the range of 4 to 6 mph. It should be noted that the actual change in velocity and 43
peak acceleration experienced by the bicycle may vary slightly from the values 44
reported here, in particular there could possibly be slightly less velocity. 45
CNMI Mock Trial 2016/Douglas v. Harrison Page 29
The bicyclist was subject to forces at the point of collision that are similar to 46
forces which humans are routinely subjected to, such as forces produced by 47
accidentally backing into a rigid stationary object at approximately 3 to 5 mph, as well 48
as the activities of daily life. 49
At those speeds, the bicyclist is to be blamed for the collision when s/he ran the 50
traffic light. Specifically, but-for the bicyclist’s running the light, the accident would not 51
have happened. The bicyclist’s was in an inattentive state due to the use of the 52
headset to engage in a phone conversation and therefore, failed to carefully observe 53
his surroundings. It is my expert opinion that because of the the bicyclists’ inattentive 54
state, and running the light, the accident took place. 55
Furthermore, given the above force analysis, the bicyclist would have had ample 56
time and means to bring the bicycle to a halt prior to the subject collision had s/he 57
been paying attention. 58
Ultimately, the bicyclist was asking to be hurt. 59
I have carefully reviewed this statement, and it includes everything I know of that 60
could be relevant to the events I discussed. I understand that I can and must update 61
this statement if anything new occurs to me before the trial. 62
Subscribed and Sworn to in Golden Harbor, Saipan, CNMI on the 1st Day of 63
November, 2015. 64
Addison Klaver . 65
Addison Klaver 66
CNMI Mock Trial 2016/Douglas v. Harrison Page 30
Affidavit of Riley Harrison– Defense Witness
My name is Riley Harrison. I am a senior at Harbor High School. I am 18 years old,
but I was 17 on the day of the accident. Next year I am going to college at the
University of Wisconsin at Madison. Well, that’s assuming this lawsuit doesn’t ruin those
plans. I think my parents would rather have me to go to Golden Tech and Trade, but I
really want to go away for school.
My parents think I spend way too much time texting my friends, but I’m not just
texting. The world has changed since their day. Yes, I text, but I also have to keep up
with Facebook and Twitter. I also post a little on Google+, but my friends don’t use it as
much as Facebook. Personally, I know it is old, but think it’s a better system. That doesn’t
mean anything if people aren’t using it. My friend Darius tried to start a thing last year to
get everybody using it, but it just wouldn’t take off. I also use Instagram, Snapchat, and
Tumblr sometimes, but I don’t use it as much as some people. For me, social media is
more about communicating with my friends and less about knowing what blogs they
like. I do admit that I text more than some kids in my school. I sent more than 3,000 texts
last month. Some months I send more, some months I send less, but it’s usually right
around that amount even when I’m in school. I don’t know exactly how many texts I
sent in June, 2015, but it was probably pretty close to 3,000, too.
I really can’t wait to get out of the house next year. I love my parents, but we
come from way different generations. In fact, it’s not even really about my parents. I just
need some freedom. I want to go someplace where I can run my own life. More than
anything, that’s why I chose to go to Madison rather than stay in Golden Harbor next
year.
CNMI Mock Trial 2016/Douglas v. Harrison Page 31
On June 26, 2015, my parents and I got into an argument about how much I text.
It actually started earlier than that. I get pretty good grades, but my parents think they
would be better if I wasn’t texting all the time. On the 26th, my mom asked me to put
some clothes away. I had been looking at some memes on my Facebook newsfeed,
and I was commenting on one. It took maybe ten seconds, but my dad got upset. He
said “I don’t know what’s so important on your iPhone that you can’t put it down for
two minutes to put your clothes away. It’s not like you had to wash them or anything.” I
said “fine, I’m going” but he had already gotten started. “It’s just like that biology test.
You’re supposed to be studying, but you’re spending all your time socializing on your
phone.” One bad grade on one biology test and I hear about it every time he thinks I
am texting too much. Things went downhill from there.
When the fight was finally over, I went back to my room and posted on
Facebook “News flash. I just found out that I am the worst child a parent could ever
have. #sueme #worstparentsever #acceptmeforme #mylife #lol #madisonbound.” I
got 24 likes on that post, and a bunch of my friends made comments. I guess I’m not
the only high school student who is ready to move out. Then my friend Cameron texted
“What’s up?” Cameron knows me really well and probably knew what my post was
really about. I texted back “I’m too mad to talk about it right now. Can I come hang
out?” Cameron texted “Sure” and I grabbed my car keys and took off.
Back then I had a Marina Honda Civic. We bought it used, but it was in great
shape. I paid for part of the car and the rest was a gift from my parents, but I had to
pay all of the insurance. I worked hard for the money I paid, and I had to keep working
to be able to make the insurance payments. I loved that car.
CNMI Mock Trial 2016/Douglas v. Harrison Page 32
Cameron lived about five minutes from me, but halfway there I realized I had
forgotten my wallet. I probably forgot because I was so mad at my parents when I left,
but all my money was in it so I had to go back. I texted Cameron, “Slight delay. Be
there soon.” Then I turned around to head back home.
Yeah, I know all about texting and driving. We hear about it over and over in
school and my parents won’t stop talking about it. I don’t text in front of my parents, but
I do text when I drive sometimes. Everybody in school does. They say a texting driver is
just as impaired as somebody who is legally drunk, but I don’t believe it. I’ve seen some
of my friends get drunk. I would never get in a car with them when they were like that,
but I would ride with somebody who was texting. When you are drunk you can’t
suddenly become sober, but when I’m texting I can put my phone down and then I am
the same as if I was never texting. I know you have to take your eyes off the road for a
second, but you have to do that when you change the station on the radio or turn on
the A/C. Besides, I can “blind text.” By that, I mean that I text often enough that I can
do it without looking at my phone when I type. I get some words wrong, but spell check
catches most of them. When I get a text, I usually hold my phone up so that I can read
the text and still see the road. Sometimes I even have Siri read the text out loud. I don’t
really see what the problem is. Besides, usually when I am driving and the phone buzzes
for a new text or Facebook message I just have to check it. If I don’t it drives me crazy
and I am more anxious and distracted wanting to know what the message said. In that
case, it just makes more sense to just check the message than wait until you have
arrived. If you know what you are doing, I think you can text and drive just fine.
On my way home, I was driving west on South Golden Road. I did not have my
radio blaring like Shane MacDonald says. Trust me, I would never crank up Miley Cyrus.
CNMI Mock Trial 2016/Douglas v. Harrison Page 33
Anyway, as I was coming up on Quaker Street, the light was red, and I started slowing
down, but before I came to a stop, it turned green and I started to go again. Right then
I heard my phone buzz. My phone was in my lap and I looked down for a fraction of a
second to see what it buzzed about. When I get a text or have Facebook activity my
phone buzzes. I could see it was a text from Cameron. I looked back up just as I was
entering the intersection. For a fraction of a second it was all disorienting, and then
everything started moving in slow motion.
A bicyclist was riding into the intersection – cutting right across in front of me. I
know I had the green light. I slammed on my breaks and yanked the steering wheel to
the left. There just wasn’t enough room to avoid the bike. Like I said, it was like watching
everything in slow motion. Even though my car started turning, the right front fender hit
the front of the bike. It was like the bike got sucked under my car, and the bicyclist flew
up on the hood. The bicyclist kept going up the hood and hit the windshield on the
passenger side. The windshield smashed and the bicyclist went off the right side of my
car. I kept going across the intersection and ran into a car parked in the 7-11 parking
lot. I hit it hard enough that my airbags went off and it smashed up the front of my car.
I was stunned for a minute, but then I got out of my car. I don’t quite know how,
but the bicyclist was on the sidewalk, on the north side of the street. I have no idea
where the bike ended up. I could see the bicyclist lying on the ground, and I clearly
saw that the bicyclist had at least one ear bud in. I figure the bicyclist must have been
listening to music or talking on the phone. The bicyclist must not have heard me coming
and just rode into the intersection trying to beat the light.
I realized I should call my parents, so I went back and found my phone in the
car. The screen was smashed so I couldn’t use it. I set it on the hood of my car and
CNMI Mock Trial 2016/Douglas v. Harrison Page 34
started to walk over to the bicyclist. Somebody stopped me and said maybe I shouldn’t
go over there. I went back to look at my phone, but it was gone. I have no idea who
took it off my hood or why. To this day, I have no idea where my phone is.
The accident was not my fault. I have been driving for almost two years. Yes, I
may have looked down at my phone for a fraction of a second; yes, I was still upset
about the fight with my parents; but I had the green light and this was not my fault. I
could have been changing the station on the radio and the same thing would have
happened. I admit I stopped texting for six months after the accident – not because it
had anything to do with the accident, but because I didn’t have a phone. I have
another one now, but I had to pay for it myself and my parents kicked me off their
phone plan. I think that is so unfair. I can’t wait to get out of here and go to college.
I have carefully reviewed this statement, and it includes everything I know of that
could be relevant to the events I discussed. I understand that I can and must update
this statement if anything new occurs to me before the trial.
Subscribed and Sworn to in Golden Harbor, Saipan, CNMI on the 1st Day of
November, 2015.
Riley Harrison .
Riley Harrison
CNMI Mock Trial 2016/Douglas v. Harrison Page 35
EXHIBITS
Exhibit 1 - Image of Defendant's Vehicle
Exhibit 2 - Image of Cross Walk Instructions at Scene
Exhibit 3 - Image of Scene from the North Side of S. Golden Rd
Exhibit 4 - Image of the Intersection of the Incident
Exhibit 5 - Image of the MacDonald Family Residence and Blue Truck
Exhibit 6 - Facebook Screenshot
Exhibit 7 - Road Map
Exhibit 8 - Addison Klaver's CV
Exhibit 9 - Young Van Buren's CV
Exhibit 10 - Image of Damaged Bicycle
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
News flash: I just found out that I am the worst child a parent could ever have. #sueme #worstparentsever #acceptmeforme #mylife #lol #Madisonbound
Ralph Johnson Are you ok? What’s going on?
Carly Patterson Hey, right there with you! I am so unbelievably ready to get out of this place. Golden…more like Bronze. Lol
Exhibit 6
Screenshot of Facebook Post by Riley Harrison
Riley Harrison
Harbo
Gracie Smith Hope everything is ok. Message me if you want to talk. I am here for you.
Richard James Seriously? Don’t you think you are being a little dramatic, Riley. Why would you want to leave right now? Can’t you just enjoy life and be thankful? Nothing is that bad. #itcanwait
Gracie Smith Richard, you have no idea what is going on. If you can’t be supportive why don’t you just stay out of it?!?! #omg