Witness Stand Script

Important Note: To save time, the script calls for the attorneys to stipulate to the evidence. Local courts may handle introduction of evidence in any way they see fit. At the appropriate time, the judge may wish to speak briefly about how evidence, typically, would be introduced in a case like this one.

U.S. Attorney: Your Honor, I would like to call my first witness, FBI Agent Lisa Donald.

Judge: Ms. Donald.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Donald: I do.

U.S. Attorney: Please state your name and occupation for the record.

Donald: I am Lisa Donald, an agent for the Federal Bureau of Investigation. Narcotics unit. Now serving as local unit commander.

U.S. Attorney: How are you connected to this case?

Donald: I was the lead officer on the raid at 10427 Kensington Parkway, the address of Daniel McPherson, on Friday afternoon, April 13th, 2006, when our squad paid a visit to Mr. McPherson's home at that address.

U.S. Attorney: Do you recognize these? (Hands Ms. Donald plastic bags containing seven kilograms of marijuana. He also hands her $2,555 in cash. All have been stipulated to by the attorneys).

Judge: The judge explains the typical process for introducing evidence and why, for purposes of this exercise, that process is not being followed.

Donald: Yes. They are the seven kilograms of marijuana and the $2,555 in cash that we recovered at the defendant's home on April 13th, 2006.

U.S. Attorney: Your Honor, the prosecution wishes to enter into evidence Government's Exhibit A - the seven kilos of marijuana in plastic bags - with the lab report verifying them as such. And Government's B, the $2,555 in cash.

Judge: The clerk will enter the evidence and mark these items as Exhibit A and Exhibit B, respectively.

U.S. Attorney: Thank you, Ms. Donald. No further questions.

Judge: Does Defense Counsel have any questions for this witness?

Defense Attorney: Yes, Your Honor.

Ms. Donald, isn't it true that The Tribune Tattler has reported that the local narcotics unit of the FBI under your leadership is being investigated for corruption based on the disappearance of tens of thousands of dollars and, at least, 10 kilos of marijuana confiscated in recent drug raids?

U.S. Attorney: Objection! Hearsay.

Judge: Sustained.

Defense: These drugs were not found in Daniel McPherson's bedroom were they?

Donald: No.

Defense: In fact, Daniel has two brothers living at home, doesn't he?

Donald: I can't verify their status.

Defense: You found the plastic bags and cash in the common area of the house - specifically, in the living room - the same space where the party was held on April 13th, is that right?

Donald: That's correct. We found unmarked plastic bags of a substance that looked like marijuana in the living room - on the coffee table and stuffed under the pillows on the sofa. The cash was stuffed between the pages of a ledger book marked "Business" near the computer in the kitchen.

Defense: You didn't find fingerprints on the bags, or markings that would connect them to my client, is that right?

Donald: No.

Defense: Thank you, Agent Donald. That's all.

Judge: The Prosecution may call its next witness.

U.S. Attorney: Your Honor, I would like to call my second witness, Mr. John Ellwood.

Judge: Mr. Ellwood.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Ellwood: I do.

U.S. Attorney: Please state your name and occupation for the record.

Ellwood: John Ellwood. I am a mechanic by trade, but I guess you could say that I'm, currently, unemployed. I am waiting to be sentenced to a federal prison on a couple of felony counts for dealing drugs.

U.S. Attorney: In connection with your upcoming sentencing for drug-related offenses, you have made an agreement with the Government to testify about your drug dealing in exchange for a more lenient sentence. However, your testimony must be completely truthful. If it is not, the agreement will be of no benefit to you and you may be prosecuted for perjury. Is that right?

Ellwood: Yes.

U.S. Attorney: Do you know the defendant and, if so, how long have you known him?

Ellwood: Yeah, I know Dan. I've known him for about two years. I got to know him when we worked at Tom's Auto Repair and from there, you might say, we formed a business partnership.

U.S. Attorney: What was the nature of that partnership?

Ellwood: I was a member of the East Town Gang. My job was to monitor drug transactions. By monitoring, I mean, it was my job to see that the shipments of drugs we received were distributed to street dealers. Dan McPherson, was a street dealer who worked my territory -- East Town High.

U.S. Attorney: How did you come to form this business partnership with the Defendant?

Ellwood: About a year and a half ago, Dan hit me up at Tom's Auto Repair, where I worked. He waited till no one else was around, then asked if he could talk to me alone. All hush, hush. Said that he needed a way to make some extra money, and he heard that I could help him.

Not knowing if I could trust him, I sized him up for a couple of months to see if he was the Big Man on Campus that he said he was. It became obvious to me that he had a lot of connections and, over time, I realized I could trust him. I've got a pretty good feel for these things.

U.S. Attorney: How often did you and the Defendant conduct business?

Ellwood: The first transaction was September something, 2004. Beginning of the school year. I would say that we seen each other every few weeks since then, until my arrest in November, 2006. He just kept the names and the money coming and I kept my part of the bargain.

U.S. Attorney: About how much money would you say the Defendant made?

Ellwood: I would say, over the course of a couple months, maybe $10,000. For a high school kid part time, that's decent. He's a hustler. The guy knows everybody.

U.S. Attorney: Thank you, Mr. Ellwood. No further questions.

Judge: Does Defense Counsel have any questions for this witness?

Defense: Yes, Your Honor. Mr. Ellwood, did the U.S. Attorney's Office offer you any incentive for your testimony today?

Ellwood: I was offered a plea bargain. If I agreed to plead guilty and to name my contact at East Town High, I might receive a lighter sentence.

Defense: How much lighter?

Ellwood: They didn't say, exactly. But they led me to believe it'd be worth it to cooperate.

Defense: Did the Defendant ever meet you for reasons other than providing him with drugs to sell?

Ellwood: Yes. I worked on his car a few times when he was souping it up for the girlfriend. I guess you could say that I was his mechanic. I also worked on his parents' cars.

Defense: Did the Defendant ever work for you?

Ellwood: Not full time. He wanted to learn some stuff about cars. Said he wanted to drive a NASCAR someday. Girlfriend was into them. You know how chicks are about NASCAR these days. Wanted to know everything about cars, so he'd be successful on the circuit. So, I let him help out on a few jobs. Since I'm paid piece work, it helped me knock out more jobs and make more money. I gave him a cut and still came out ahead.

Defense: Ahh...so that is what Dan meant when he asked if there was anything you could do to help him get some extra money.

U.S. Attorney: Objection! Calls for speculation.

Defense: Withdrawn. No further questions.

Judge: Redirect?

U.S. Attorney: Yes, Your Honor. Mr. Ellwood, did the fact that the Government offered you a plea bargain have any impact on your testimony against the Defendant today?

Ellwood: No.

U.S. Attorney: Even when the Defendant was assisting you with auto repairs, did you still provide him with marijuana?

Ellwood: Yeah.

U.S. Attorney: Thank you. No further questions.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Zurich: I do.

U.S. Attorney: Please state your name and occupation for the record.

Zurich: Trisha Zurich. I am a junior at East Town High School.

U.S. Attorney: In what capacity do you know the Defendant, Daniel McPherson?

Zurich: Well, I'm sorry I ever met him. The only reason that I know Dan is because I made a very big mistake last semester.

U.S. Attorney: Please explain.

Zurich: I've always been a good student and have done well in sports, but I wasn't what you'd call one of the popular girls. Everybody liked Dan. Athletic, smart, cool - the whole package. Last year, it seemed like more and more kids were talking about pot parties. I never got invited to any of them until one day Dan asked me to meet him at one. I thought that he kinda liked me, so I went. That's when we got busted. I felt so used. I think he just wanted me to buy pot from him. I need scholarships to go to college. He could have wrecked that for me if I'd fallen for it.

U.S. Attorney: Thank you, no further questions.

Judge: Does the Defense Counsel have any questions?

Defense: You're upset, with Dan, aren't you?

Zurich: I guess you could say that.

Defense: Dan made you feel insignificant, didn't he?

Zurich: Well, he acted like I didn't even exist after the party. That's when I realized that he was just using me, so that didn't make me felt too good. Yeah, any girl would be upset about that.

Defense: You felt rejected by Dan, didn't you?

Zurich: Yeah, especially when I asked him to go to the girls' choice dance, and he told me to get lost - right in front of his friends. He was a real jerk about it.

Defense: No further questions.

Judge: Thank you, Ms. Zurich. You may step down. Defense Counsel, you may call your first witness.

Defense: The Defense calls Mr. Gus Marcus.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Marcus: I do.

Defense: Please state your name and occupation for the record.

Marcus: Gus Marcus. I am the track coach at East Town High. Have been for 10 years.

Defense: Do you know Daniel McPherson?

Marcus: Well, I have coached Daniel McPherson in different events on the track team for the past three years.

Defense: How well do you know Mr. McPherson?

Marcus: I would say that I know him better than most of my young men. Dan went out for cross country. That was my event in high school and college. I could relate to him because he had the same kind of drive and endurance that I did. He was very dedicated so I spent extra time working with him.

Defense: How would you describe Mr. McPherson's character?

Marcus: Dan is a very disciplined guy. Very team oriented but, at the same time, doesn't give in to peer pressure. Willing to work hard and pay the price. Dan was elected captain of the track team. He had a way of bringing out the best in people and inspiring their confidence. He always set a good example for the other athletes by getting the grades and doing well on the field.

Defense: Thank you, Mr. Marcus.

Judge: Cross-examination?

U.S. Attorney: Mr. Marcus, did you observe, firsthand, any changes in Daniel or his performance in the first semester of his senior year?

Marcus: Yes, Dan missed a lot of practices and when he did show up, he wasn't himself. He didn't push himself the way he used to. So I talked with him man-to-man about what I saw as a general apathy that had come over him. He, finally, broke down and told me that his grandmother had died suddenly. She was like a mother to him. Showed up at every meet. That explained why he was checked out. He hasn't really pulled out of it, yet.

U.S. Attorney: How much time did you spend with Dan, on average, each week?

Marcus: Well, track practice is about two hours a day, four days a week.

U.S. Attorney: Did you ever spend time with Dan off the track field?

Marcus: No.

U.S. Attorney: That's all, Your Honor.

Judge: Very well. Mr. Marcus, you may step down.

Defense: The Defense would like to call its next witness, Ms. Peggy Stone.

Clerk: Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?

Defense: Please state your name and occupation for the record.

Stone: Peggy Stone. I am the Classics teacher at East Town High and the advisor to the Mica Alpha Delta Honor Society.

Defense: Is Dan McPherson a member of the Honor Society and, if so, how long?

Stone: He was inducted last year - in his junior year - with five other students.

Defense: What are the requirements for acceptance into the Honor Society at East Town High?

Stone: Students must maintain a grade point average of 3.5 or above for four consecutive semesters. They must be leaders in extracurricular activities and be of good character.

Defense: How do you test for good character?

Stone: One teacher and two students must write a letter to the selection committee.

Defense: Apparently, Daniel met the criteria in his junior year.

Stone: Yes. That's right.

Defense: Thank you, Ms. Stone. No further questions.

Judge: Cross-examination?

U.S. Attorney: Ms. Stone, you said that Daniel McPherson met the Honor Society requirements at the end of his junior year. However, is there a system in place for monitoring the members' qualifications once they are inducted?

Stone: We rely on the honor system. Each student self reports his grades and extracurricular activities every semester after induction.

U.S. Attorney: Have you ever had a student self report bad grades, inappropriate behavior, or criminal charges?

Stone: No.

U.S. Attorney: Why do you think that is, Ms. Stone?

Defense: Objection. Calls for speculation.

Judge: Sustained.

U.S. Attorney: At this time, Your Honor, I would like to enter into evidence Government's Exhibit C - Daniel McPherson's report cards over the past two years that the Defense and the Prosecution have stipulated to.

Are you aware, Ms. Stone, that Daniel McPherson's grade point average plummeted from 3.5 in his last semester of his junior year to 2.5 in the first semester of his senior year and that he dropped out of all extracurricular activities?

Stone: Umm.

U.S. Attorney: Ms. Stone?

Stone: I know Daniel to be a fine young man. The Honor Society is a student-run organization. It is up to the members to hold each other accountable.

U.S. Attorney: Thank you, Ms. Stone. I have no further questions. Defense rests.