I.

THE GOVERNMENT'S CASE

Direct Examination of Witness, Sidney Young by ASSISTANT US ATTORNEY (AUSA) #1 Judge: The government may call its first witness. AUSA #1: Your Honor, we call our first witness, Mr. Sidney Young. Judge: Mr. Young, please come up to the witness stand and raise your right hand. CRD: Please remain standing. Do you swear to tell the truth, the whole truth, and nothing but the truth? Young: Yes. AUSA #1: Please state your name and age for the record. Young: My name is Sidney Young. I'm 18 years old now. AUSA #1: Tell us what happened on the evening of May 11, 2011. Young: Well, it was a Friday and I had just come to town to spend the weekend with my cousin Javier. We went to a party after their soccer team had just won the regional championship, and everybody was pretty excited. At one point, some people decided to go get something to eat. Javier and I decided to go. I had hit it off with one of Javier's friends, Riley. He's cool like the kids I hang with at my own school. I got in the front seat of Riley's car, and Javier and Riley's friend Alex got in the back with Courtney. AUSA #1: What happened then? Young: Well, Riley was cruising along when his cell phone rang. He looked at it and must have seen a text message because he said something like, "Taylor is driving me crazy." He then started texting didn't slow down or anything, and it was raining and at night, which was definitely not cool made me edgy. He later tossed the phone into my lap or dropped it right before the car crashed. AUSA #1: Tell us what you remember about the accident.

Young: It's kind of a fuzzy blur, but I remember we skidded, then

slammed into a light pole in the Parkway median. The paramedics had to pry me out of the car. They couldnt save Courtney -- the pole hit the car right where she was sitting in the back seat. AUSA #1: Describe your injuries from the accident. Young: Well, I couldn't feel my right leg and foot, which were crushed in the accident. I couldn't even clench my right fist to bang on the car door to get out. At the ER, I was in so much pain I could barely answer the doctors' questions. The doctors told me three ribs were broken. That must have been why every breath hurt so much. I couldn't move the toes on my right foot. They did surgery on me that night to put a metal rod and pins in my leg, which will have to be replaced later. The whole thing has been extremely painful. AUSA #1: Any long-term consequences from the accident? Young: The worst thing is the pain in my back and legs. I can't sit through a class period so college is out. I can't take a desk job, let alone go to a movie or a game. My hand goes numb now when I'm texting, working on a computer, or playing video games. I had planned to be a commercial airline pilot, but all that is out the window now. I'm 18, and my entire life is messed up because of this. Riley let some girl get under his skin instead of paying attention to the road and he almost cost me my life. He might as well have, as banged up as I am. AUSA #1: Thank you, Sidney. Nothing further. Judge: (to defense attorney ): Does the defense have any questions for this witness?. Comments: Judge will explain cross examination

Cross Examination of Witness, Sidney Young Defense counsel #1: We do, Your Honor. Mr. Young, have you ever used a cell phone while operating a vehicle? AUSA #1 (standing, outraged): Objection! Irrelevant, Your Honor. Defense counsel #1: Question withdrawn. Mr. Young, it was raining hard the night of the accident, wasn't it? Young: Yes, that's true.

Defense counsel #1: Isn't it true that you passed two other cars that had spun out of control on Wells Gate National Parkway that night? Young: Yes, which is why Riley should have been driving even more carefully. Defense counsel #1: You testified that Mr. Gardner tossed the phone, or dropped it, into your lap. Did he say anything to you when he did that? Young: Not that I remember. Defense counsel #1: Thank you, Mr. Young. No further questions. Student Judge: Redirect? Comments: Judge will explain re-direct pointing out it is intended to cover only those items covered on cross-examination and not new matters. AUSA #1: Yes, very briefly. Mr. Young, within how many seconds of the collision was Mr. Gardner texting? Young: I don't know. Like I said before, its all kind of fuzzy. But it was right before like, just a few seconds. AUSA #1: Did you ever tell Mr. Gardner to stop texting? Young: I did, but he played it off. I didn't want to press the point because I didn't want to distract him even more when we were already in a bad driving situation. AUSA #1: Nothing further. Judge: Mr. Young, you may step down. . . . Next witness, counsel?

Direct Examination of Witness Javier Perez (by AUSA #1) AUSA #1: Next, we would like to call Mr. Javier Perez. Judge: Mr. Perez, would you come up?

Courtroom Deputy: Remain standing and raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth?

Perez: I do. AUSA #1: Please state your name and age for the record. Perez: Javier Perez. I'm 17. AUSA #1: Could you tell us what happened on the evening of May 11, 2011? Perez: My cousin Sidney was visiting from out of state for the weekend. We ended up over at Austin Crosher's . . . hanging out and playing pool. Around 10:30, we decided to go cruising for burgers. We piled into Riley's car. Riley was driving, and Sid rode shotgun. Alex and I were in the back seat with Courtney. AUSA #1: How did you know Courtney? Perez: She was my girlfriend. We had been dating for 3 months. AUSA #1: What happened next? Perez: Well, as soon as we got out of the driveway, Riley got a text message from Taylor Bowling. He seemed aggravated and texted her back. But then, almost immediately, Taylor texted him again. Then she called, or tried to text again. They were going back and forth. AUSA #1: Tell me about the road conditions that night. Perez: It was very rainy. We were on the Parkway, a four-lane divided highway, and I think it was hard for Riley to see where he was going. The next thing I know, we were skidding. Riley must have slammed on the brakes and lost control of the car. AUSA #1: Then what happened? Perez: The passenger side of the car, toward the back, must have hit the light pole in the median first, because the car was wrapped around it. Alex and I were able to get out and so was Riley, but the light pole was literally part of the car where Courtney had been sitting. It was immediately obvious that she was not going to make it (said with much emotion....) AUSA #1: What about Sid? Was he able to get out of the car by himself? Perez: No. Sid's door was also all bent out of shape. He was pinned inside and couldn't move. Somebody driving by must have called 9-1-1, because in

a few minutes the ambulance arrived. The paramedics tried to help Courtney, but there was nothing they could do. They used the jaws of life to get Sid out of the car. He was pretty jacked up and yelling about the pain he was in. AUSA #1: Thank you, Mr. Perez. No further questions. Cross Examination of Witness, Javier Perez Judge: Any questions on cross-examination? Defense counsel #1: Yes, Your Honor. Mr. Perez, what is your relationship to Mr/s. Young? Perez: I'm his first cousin. Our mothers are sisters. Defense counsel #1: Tell us, isn't it true that just before the accident in this case, you saw two cars that had skidded off the road on the Parkway? Perez: Yes, that's true. All the more reason Riley should have been paying more attention with both hands on the wheel keeping the car under control. Defense counsel #1: Mr. Young earlier testified that the defendant had already stopped texting, and actually threw the phone on the passenger seat, before the accident occurred. Isnt that true? Perez: I didnt see him do that. Defense counsel #1: Thank you, Mr. Perez. No further questions. Judge: Redirect? AUSA #1: No, Your Honor. Judge: Mr. Perez, you may step down. Next witness, counsel?

Direct Examination of Witness Tracy Gardner (by AUSA #2) AUSA #2: Next we call Ms. Tracy Gardner.

Judge: Ms. Gardner, please come to the stand and raise your right hand. CRD: Do you swear to tell the truth, the whole truth, and nothing but the truth. Tracy Gardner: I do. AUSA #2: Please state your name and age for the record. Tracy Gardner: My name is Tracy Gardner. I'm 46. AUSA #2: What is your relationship to Riley Gardner? Tracy Gardner: I'm his mother. AUSA #2: Are you testifying voluntarily for the prosecution today? Tracy Gardner: No, I was served with a subpoena requiring me to testify. AUSA #2: Your Honor, we would ask permission to treat Ms. Gardner as a hostile witness? Comments: Judge will explain what a hostile witness is and how they are handled differently than other witnesses. Judge: Granted. AUSA #2: Did your son Riley own a Honda Accord on May 11, 2011? Tracy Gardner: It was technically my car. But because he gets good grades and obeys my curfews, I sometimes let him use it in the afternoon or on weekend nights. AUSA #2: Did he own a cell phone at the time? Tracy Gardner: Well, I pay the phone bill -- it's a family plan but he has exclusive use of the phone, if that's what you mean. AUSA #2: Did you ever ride in the car while your son was driving? Tracy Gardner: Yes, quite often. AUSA #2: Did you ever witness him using the cell phone to send text messages while driving the vehicle?

Tracy Gardner: Sometimes, but only when we were stopped in traffic. AUSA #2: Did you ever advise your son that it was dangerous to text while he was driving? Defense counsel #2: Objection, hearsay. Comments: Judge will explain that hearsay is an out-of-court statement offered in court for the truth of that statement. The witnesss testimony about what she told her son is hearsay. judge: The objection is overruled. Tracy Gardner: No. AUSA #2: Well, did you ever take steps to prevent him from texting while he was driving? Did you take his phone or his driving privileges away? Tracy Gardner: That wasn't necessary. My son has had to grow up quickly since his father was killed in a car accident several years ago. He takes driving very seriously. He knows the consequences of being reckless. He's very responsible. AUSA #2: Was it responsible of him to send text messages while he was driving a car full of other kids on a very rainy night? Tracy Gardner: [Long pause] I suppose not. AUSA #2: No more questions. Judge: Defense counsel, any questions for this witness?

Cross Examination of Witness, Tracy Gardner

Defense counsel #1: Yes, Your Honor. Ms. Gardner, are you always able to control your son's behavior? Tracy Gardner: No parent can guarantee that, especially when their kids are technically adults. But Riley has worked hard to earn my trust since his father's

death, and I have full confidence in him. Defense counsel #1: No further questions. Judge: Redirect? AUSA #2: No further questions. Judge: You may step down, Ms. Gardner. Counsel, any other witnesses? AUSA #2: Yes, Your Honor. The government calls CHP Officer Chris Jones.

Direct Examination of Witness, CHP Officer Chris Jones (by AUSA #2)

Judge: Officer Jones, please come to the witness stand. Courtroom Deputy: Remain standing and raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Officer Jones: I do. AUSA #2: Please state your name and occupation for the record. Officer Jones: Chris Jones. I am an Ohio Highway Patrol Officer. AUSA #2: And how long have you been employed with the CHP? Officer Jones: 2 years. AUSA #2: How many traffic accidents have you been called to in that period of time? Officer Jones: Well, including everything from fender benders to major collisions involving deaths, probably 500. AUSA #2: And approximately what percentage of those accidents involved distracted drivers? Officer Jones: Distraction is a major cause of accidents. Probably half of all accidents can be traced back to distraction in a variety of forms, such as kids screaming in the backseat, or changing the radio station, or dropping french fries

in your lap, or talking on the phone. AUSA #2: What percentage of the accidents involving teenagers have you been called to that were the result of distraction caused by texting while driving? Officer Jones: Probably about 10%. Defense counsel: Objection Your Honor. This witness is guessing. Student Judge: Officer Jones, on what are you basing your estimate? Officer Jones: Well, I know that statistically 21% of fatal car crashes involving teenagers are the result of cell phone usage. That coupled with my recollection of the actual accident scenes I have been to leads me to estimate that of those were caused by texting. Defense counsel: Objection Your Honor. There is no evidence that this witness is qualified to provide statistical evidence. Judge: All right. Im going to ask the jury to disregard the reference to statistics but allow Officer Jones estimate of the percent of accidents she personally has witnessed that were the result of texting. (To AUSA) Please continue. AUSA #2: Can you tell the Court what you remember about the evening in question? Officer Jones: I remember the evening well. It was raining and as often happens in San Diego when it rains, we received so many calls that we had to stop responding to injury accidents. Just after 10:30 pm a call came over the radio that there was an injury accident on Wells Gate National Parkway. I was in the vicinity and so responded immediately. I was the first to arrive on the scene.

AUSA #2: Can you describe the scene you discovered Officer Jones. Officer Jones: The first thing that crossed my mind when I approached was that this did not look good. It was a single car accident involving a red Honda Accord and a light pole. The car was literally wrapped around the light pole, bent at the point of the rear passenger side door. I knew that if someone was in that seat, he or she was going to be in bad shape. I saw 3 people exiting the car and I called for an ambulance and paramedics before getting out of my squad car. AUSA #2: And then what did you do?

Officer Jones: I approached the vehicle to ascertain if there was anyone still in the car and if so, what their medical conditions were. AUSA #2: And what did you discover? Officer Jones: There were two people trapped in the car, both severely injured. The victim in the front passenger seat was conscious, the one in the back was not. AUSA #2: So, what did you do next? Officer Jones: About that time, the paramedics and ambulances arrived along with several other squad cars. We were unable to get the victims out the doors of the car and had to use the jaws of life to pry the car open. AUSA #2: And then what happened? Officer Jones: The medical teams took over and rushed the front seat passenger to the hospital. The woman in the back seat was pronounced dead. AUSA #2: And did you then question the other 3 people who were in the car? Officer Jones: I did. I determined that Riley Gardner had been driving the vehicle. I tested him to confirm that he had not been drinking and driving and he had not. AUSA #2: And did you determine anything else at that time? Officer Jones: The two other passengers indicated that Mr. Gardner had been texting on his cell phone just prior to the accident. Mr. Gardner admitted to this. We placed him under arrest for vehicular manslaughter. AUSA #2: No further questions. Judge: Defense counsel, any questions for this witness?

Cross Examination of Witness, CHP Officer Chris Jones (by Defense Attorney #1)

Defense Attorney #1: Yes, Your Honor. Officer Jones, how many accidents occurred on May 11, 2011 between the hours of 9pm and midnight?

Officer Jones: As I indicated earlier, we stopped responding to noninjury accidents because of the volume of fender-benders brought on by the rain. That being said, I think the department responded to 5 injury accidents between those hours. Defense Attorney #1: And was anyone arrested as a cause of those accidents? AUSA #2: Objection Your Honor...relevance. Defense Attorney #1: Your Honor, Im trying to show that the rain was the cause of many accidents that night, including the one that is the subject of this prosecution. Student Judge: Im going to allow it. Officer Jones, answer the question to the best of your knowledge. Officer Jones: I personally did not have cause to arrest anyone else that evening, but I know one other driver was arrested by my co-worker for suspicion of drunk driving. Defense Attorney #1: So, there were 5 injury accidents between 9 pm and midnight on May 11, 2011 and only 2 drivers were arrested, my client and someone suspected of driving under the influence, is that correct? Officer Jones: To the best of my knowledge. Defense Attorney #1: Do you know what was determined to be the cause of the other accidents as indicated on the accident reports? Officer Jones: Not all of them. Defense Attorney #1: And the ones you do have first hand knowledge of? What was listed as the cause of the accident? Officer Jones: Unsafe road conditions caused by inclement weather. Defense Attorney #1: No further questions. Student Judge: Redirect? AUSA #2: Just briefly, Your Honor. Officer Jones, in your personal experience as a CHP Officer, does a driver need to be texting at the exact moment of a collision for it to be the primary cause of distraction leading to the accident?

Defense Attorney#1: Objection! Counsel is calling for a hypothetical. Student Judge: Sustained. AUSA #2: No further questions, Your Honor. Judge: You may step down, Officer Jones. Counsel, any other witnesses? AUSA #2: Yes, Your Honor. The government calls Dr. Jan Smith. Direct Examination of Witness Dr. Jan Smith (by AUSA #2)

Judge: Dr. Smith, please come to the witness stand. Courtroom Deputy: Remain standing and raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Dr. Smith: I do. AUSA #2: Please state your name and occupation for the record. Dr. Smith: Jan Smith, Ph.D. I am an expert in the field of transportation safety. AUSA #2: Can you tell us your educational background?

Dr. Smith: Sure. I earned a bachelor of science degree in Physics from the University of Arizona. Over the 10 years after that, I completed course work to earn my Ph.D., also in the field of physics. In addition, I have extensive technical training related to transportation and accident reconstruction. Over the past 30 years I have participated in no less than 75 training seminars both in Arizona and California on topics ranging from vehicle crash dynamics, technical and advanced accident investigation, bio-mechanics of vehicle movement, computer-aided diagramming of accident scenes, and trajectory factors. I have also participated in a number of seminars over the past several years on the topic of distracted driving. AUSA #2: And can you tell us about your work in the area of transportation safety?

Dr. Smith: I have worked in the area of accident reconstruction and traffic investigations for the last 30 years. I served as an investigative officer for the Phoenix Police Department for 20 years. In that role, I became knowledgeable about injury patterns, mathematical analysis of crash scenes, the use of computer applications to determine the cause of collisions, and crash severity analysis. I retired from the Police Department 10 years ago and moved to San Diego, where I joined a consulting firm specializing in accident reconstruction. AUSA #2: Have you previously testified in court regarding the safety impact of talking on a cell phone or texting and driving? Dr. Smith: Yes. Over the last 5 years, I have testified in court on 8 separate occasions in cases involving distracted drivers. AUSA #2: From what sources have you obtained information about the impact of talking on a cell phone or texting while driving? Dr. Smith: There have been numerous studies by government agencies, insurance companies, and Universities, regarding the impact of texting and talking while driving. Those studies are based not only upon a review of accident reports, but also upon clinical experiments. AUSA #2: Is texting while driving a common practice among young drivers? Dr. Smith: Yes. A recent study showed that drivers account for 150 billion text messages a month. Young drivers, those between the ages of 16 and 21, send approximately 60% of those messages, compared to the population as a whole.

AUSA #2: Lets get specific about the impact of texting upon the reaction time of a driver. Have you conducted any research on that topic? Dr. Smith: Yes. We conducted an experiment where a red light was mounted on the windshield of a car at eye level, to simulate the brake lights of a car in front. On a straight, empty airstrip, the test drivers were given mobile phones popular among young drivers, including a Blackberry and iPhone. Our researcher rode shotgun in the test vehicle, to trigger the red light and monitor the drivers results. On each trial, the driver responded 6 times to the light. We then deleted the slowest reaction time. There were a total of 10 drivers in the test, all between the ages of 16 and driver reaction times were tested at both 35 mph and 70 mph, and were tested first without any distraction and then while sending and reading texts. AUSA #2: And what were your findings?

Dr. Smith: The average reaction time at 35 mph for a non-distracted driver was .4 seconds. The reaction time at the same speed reduced to .6 seconds when the driver was reading a text, and to .7 seconds when the driver was sending a text. At 70 mph, the non-distracted drivers reaction time was almost the same, .39 seconds, while the time for sending and reading texts were both about the same, .62 seconds. AUSA #2: Can you tell me how much farther a car can travel in that amount of time at those speeds? Dr. Smith: Traveling at 35 mph, a person reading a text message would travel an extra 21 feet before hitting the brakes, and a person sending a text would travel an extra 29 feet. At 70 mph, a person reading or sending a text message would travel another 38 feet before hitting the brakes. AUSA #2: So is it fair to say that looking away from the road for even a fraction of a second to send or read a text message is an unsafe practice? Dr. Smith: Yes. AUSA #2: No further questions, Your Honor.

Cross Examination of Witness, Dr. Jan Smith

Defense counsel #2: Dr. Smith, are you being paid by the prosecution to testify in this case. Dr. Smith: I do receive a fee to provide my expert testimony. Defense counsel #2: And did you examine any of the evidence regarding the accident in this particular case? Dr. Smith: No, I did not. Defense counsel #2: Are you aware that the Defendant, Mr. Gardner, says he was not texting at the time of the accident?

Dr. Smith: I was not aware of that. Defense counsel #2: Are you aware that it was raining on the night of the accident? Dr. Smith: I was not aware of that, no. Defense counsel #2: Wouldnt the rain on the street be more likely to contribute to a driver losing control of the car than sending or receiving a text message? Dr. Smith: There is almost no condition more dangerous for a driver than texting. In fact, in the study I mentioned above, it was shown that reaction times for texting drivers are substantially slower than drunk drivers. Defense counsel #2: Objection, your honor. The witness has not responded to the question. Student Judge: Objection sustained. Dr. Smith, please just respond to the question. Dr. Smith: In my experience, yes. There are a lot of accidents when it rains. Defense counsel #2: No further questions.

Redirect Examination of Dr. Jan Smith AUSA #2: Would the combination of texting while driving on a rainy night increase the chances of an accident? Dr. Smith: Yes, it all adds up. Driving in the rain is dangerous, and texting at the same time only decreases reaction times. AUSA #2: No further questions. Your Honor, the prosecution rests at this time.

II. DEFENDANTS CASE

Direct Examination of Riley Gardner (By Defense counsel #2)

Judge (to defense counsel): You may call your first witness. Comments by Judge will explain a defendants right not to testify Defense counsel #2: We call Mr. Riley Gardner. Judge: Mr. Gardner, please come up to the witness stand. CRD: Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Riley Gardner: Yes, sir. Defense counsel #2: Please state your name and age for the record. Riley Gardner: My name is Riley Gardner. I'm 18. Defense counsel #2: Could you tell us about yourself and your family? Riley Gardner: I'm a high school senior now. I live with my mom and three younger sisters. I watch my sisters after school until Mom gets home from work, then I go to my job and get back by 10 p.m. I do homework, then go to bed. My dad died in a car accident about six years ago, so it's just the five of us at home. Defense counsel #2: Tell us what happened on the evening of May 11, 2011. Riley Gardner: Well, our soccer team had just won regionals. Mom let me have the car, so my next-door neighbor Alex Williams and I picked up my friend Javier, his girlfriend Courtney, and his cousin Sidney. We all went to a party. I promised to meet Taylor Bowling another friend of mine for coffee later at The Wireless Caf. I figured she'd be doing homework there, like usual, and wouldn't care when I showed up. Defense counsel #2: What happened at the party? Riley Gardner: We played pool and hung out and, at one point, a couple of us decided to go get something to eat at Chandelier's. Javier, Courtney, Sidney, Alex and I were in my car, and we were on the Parkway when my cell rang with a text message from Taylor. It said, "ADN . . . CB NOW." Defense counsel #2: And what did you understand that to mean? Riley Gardner: That meant "Any day now . . . ! Call back now!" All-caps means the message is serious it's like yelling. She was driving me crazy. She

knew I needed some space to be with my friends and that we were going to meet up later. Defense counsel #2: What did you do then? Riley Gardner: I text messaged her back: "soon." But a minute later, my cell rings again and she's texting, "NOW!" in all-caps. I'd had it. It was late, and raining, so I just hit reply, then tossed the phone to Sid and asked him to type "ntw-d," which means "no texting while driving." I wanted Taylor to get the picture that I'd be in touch with her as soon as I could. Defense counsel #2: What happened after that? Riley Gardner: Next thing I know, the car is skidding out of control and hits a pole. I'm very sorry about Courtney. And also that Sidney got hurt. I know their parents will always blame me for everything, but I don't think it really was my fault. It was just an accident. The road was slippery and actually, we saw several cars that had skidded out of control that night. Defense counsel #2: How much time passed between when you tossed the phone to Mr. Young and when the car started skidding out of control? Riley Gardner: I dont know exactly, but maybe a couple minutes. Defense counsel #2: Thank you. Nothing further, Your Honor. Student Judge (to AUSAs): Counsel?

Cross Examination of Riley Gardner (By AUSA #1)

AUSA #1: You estimate it was a couple minutes between the time you tossed your phone to Mr. Young and when the car started skidding. But wasnt it merely seconds later? Riley Gardner: No -- it definitely didnt happen right away. AUSA #1: Mr. Gardner, how many times in your life would you estimate that you have sent text messages while operating a motor vehicle? Riley Gardner: I have no idea. AUSA #1: Would it be fair to say that you've sent at least 100 text

messages while operating a motor vehicle? Riley Gardner: I don't keep count, but yeah, that's probably true. I've got a lot going on. It's not a big deal, 'cause I can text without looking down at the cell. AUSA #1: Isn't it true, Mr. Gardner, that texting requires glances at the keyboard and screen even for the most proficient users? Riley Gardner: Well, yeah, but I can glance down and back real quick. AUSA #1: What about reading text messages -- you have to look at the screen to read it, right? Riley Gardner: Of course, but again I can just look down really fast. AUSA #1: You said you asked Mr. Young to text your friend "ntwd" -- did he send that message? Riley Gardner: No, I dont think so. AUSA #1: Mr. Gardner, you've admitted that you've probably sent more than 100 text messages while driving. I would remind you that you are under oath. Do you expect us to believe that, right before the accident in question, you asked Sidney Young, whom you'd just met, to intervene in an argument with your girlfriend and text message her "n-t-w-d" "no texting while driving"? Defense Counsel #2 (standing, outraged): Objection, Your Honor! AUSA #1: I withdraw the question. AUSA #1: No further questions. Student Judge: Counsel do you have any redirect? Defense Counsel #2: Yes, Your Honor. Mr. Gardner, were you sending a text message at the time the vehicle collided with the light pole? Riley Gardner: No, I was not. By then, I had already tossed Sid the phone. Defense Counsel #2: Thank you. No more questions. Student Judge: Mr. Gardner, you may step down. Defense counsel, your next witness?

Direct Examination of Alex Williams (By Defense counsel #2)

Defense counsel #2: The defense calls Alex Williams to the stand. CRD: Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Williams: Yes. Defense counsel #2: Please state your name and age for the record. Williams: Alex Williams. 17. Defense counsel #2: Where were you on the evening of May 11, 2011? Williams: I was playing pool at Austin Crosher's with Riley, Javier and his cousin Sidney. Around 10:30 or so, we headed over to Chandelier's in Riley's car to get something to eat. Sid was up front with Riley. Javier and I were in the back seat with Javiers girlfriend, Courtney. Defense counsel #2: Then what happened? Williams: Riley was texting something to Taylor Bowling. He was dating her, and I guess she was getting clingy calling and texting him a lot. She and I used to be friends and I know she tends to smother people. The roads were slick and when Riley saw a couple of cars on the side of the road, he threw his phone to Sid and asked him to text Taylor for him. Riley is actually a really safe driver. We go a lot of places together. Defense counsel #2: What happened next? Williams: Well, everything seemed to go into slow motion. We skidded toward the median, then there was a terrible sound when we crashed. I'll never forget the horrific noise. The next thing I know Sid is yelling about his hand and his leg. And Javier is yelling that we need to help Courtney. Javier, Riley, and I managed to get out of the car. Defense counsel #2: Then what happened? Williams: It was pretty obvious there was nothing we could do to help Courtney. The car hit the pole right where she had been sitting. It also messed Sidney up, and we were all trying to get him out. Someone must have called 9-1-1

because the police got there really fast. Defense counsel #2: Thank you. No further questions. Judge: Cross? AUSA #1: Is it fair to say that, because you were in the back seat, you couldn't see everything that actually happened in the accident? Williams: Well, things did happen pretty fast. But I know the crash wasn't because Riley was texting, because he handed off the phone to Sid before that. AUSA #1: How long after Mr. Gardner handed off the phone to Mr. Young did the accident occur?

Williams: Uhmmmm, maybe a few minutes. AUSA #1: How long have you known Riley Gardner? Williams: Since first grade. We're next-door neighbors. AUSA #1: Is it fair to say that you are good enough friends that you would do just about anything for him? Williams: Absolutely. We always say we've got each other's back. AUSA #1: Would you be willing to lie under oath to protect him? Defense counsel #2 (standing up, outraged): Objection, Your Honor! Judge: Overruled. The witness will answer the question. Williams: No, I wouldn't do that. AUSA #2: We have nothing further, Your Honor. Judge: Any redirect? Defense Counsel #2: No, Your Honor. The defense rests. Judge: Okay. The witness may step down. Ladies and gentlemen of the jury, we will now hear the parties' closing arguments. I will then provide you with some instructions on the relevant law and how you should conduct your

deliberations.

III. CLOSING ARGUMENTS

Judge: Members of the jury, an attorney for each party will now make a closing argument. The attorneys' arguments are not evidence; they are only a possible interpretation of the evidence presented during the trial. It is up to you to decide what happened. The prosecutor may now address the jury. ****YOU CAN TAKE A LOOK AT THE CLOSING STATEMENTS BELOW, BUT YOU ARE TO COME UP WITH YOUR OWN UNIQUE AND ORIGINAL ARGUMENT**** A. For Prosecution (By AUSA #2) [at podium] Thank you, Your Honor. Ladies and gentlemen, we have proven beyond a reasonable doubt that Mr. Gardner was texting his girlfriend at the time of the accident. His actions were grossly negligent, and directly resulted in the death of Courtney Walls and serious injuries to Sidney Young. As you heard several witnesses testify, Mr. Gardner was distracted while communicating with his girlfriend and not focused on the hazardous road conditions brought on by the heavy rain. And this was not the first time he had sent text messages while driving -- he admitted that he often texted while driving and even his mother said she waS aware he used his phone while driving. This accident could have been avoided had Mr. Gardner left his cell phone where it belonged while he was driving... in his pocket. His conduct was grossly negligent and you should convict him of the charge of vehicular manslaughter. Thank you. Judge: Thank you Counsel. The attorney for Mr. Gardner may now address the jury. B. For the Defense (by Defense Attorney # 2) [at podium] Thank you, Your Honor. Ladies and gentlemen, the government has proved nothing beyond the fact that my client was driving on a rainy night and involved in a car accident similar to many others the same evening, two of which were on the same road. He admitted that he had responded to a couple of texts from his girlfriend, but at the time of the accident, his cell phone was not even on his person. He had tossed it to his passenger, Sidney Young. The road conditions were not ideal and you heard testimony that my client asked Mr. Young to let his girlfriend know he couldnt text her while driving in those conditions. It is terrible and unfortunate that Ms. Walls was killed, and Mr. Young was injured, in this

accident. However, Riley was not negligent. He was just a kid taking his friends out for a burger on a rainy night. He was being as careful as he could be on a rainy night, which is why he tossed his phone to his passenger...to avoid being distracted. Driving is dangerous and accidents happen. You should find him not guilty of the charge in this case. Thank you. Student Judge: Thank you Counsel. Counsel for the government may make a rebuttal argument at this time. C. For Prosecution (By AUSA #2) [at podium] Thank you, Your Honor. Ladies and gentlemen, this is not just an unfortunate accident. This accident ended one persons life and caused serious permanent injury to another. Were it not for Riley Gardners gross negligence behind the wheel on that rainy night last May, Courtney Wells would still be alive and Sydney Young would still be pursuing his dream of becoming a pilot. Riley Gardner should be punished for his negligence which caused this deadly accident. Thank you. A. JURY INSTRUCTIONS Comments: Judge will explain the purpose and importance of jury instructions and explain how they should be used during deliberations. Student Judge: [Read packet of attached jury instructions] Judge: The jury may now retire to consider its verdict. You have 20 minutes to decide the case. Courtroom Deputy, please show the jury into the jury room. [Courtroom Deputy walks across, and opens door to jury room for jurors] During deliberations, non-jurors will listen to the process of deliberations via microphone. [At the end of the allotted time or when the jury opens the door with a verdict:] Judge: The Courtroom Deputy will knock on door and instruct the jury to take their seats. Courtroom Deputy: [knocks on jury room door] The jury will return to the courtroom. Judge: Has the jury reached a verdict? Foreperson: We have. [hands verdict form to the Courtroom Deputy]

Courtroom Deputy: [read the verdict aloud] Ladies and Gentlemen of the jury, is this your verdict as presented and read, the verdict of each of you, so say you all? Jury [in unison]: Yes. Judge: Thank you. That will be all. Courtroom Deputy: The Court is in recess. Judge will then commence a discussion of what happened during deliberations with all participants.