Mock Trial - forty years of evidence

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The year was 1984. Hair was big, students were dancing in the streets in “Footloose” and Prince was singing “Let’s Go Crazy.”

There might have been lots of hair spray, but seven students at Wayne High school were far from being footloose or going crazy. They were busy studying laws and gathering information to present their case to the first ever high school Mock Trial Project in the state of Nebraska.

The case involved a person driving while intoxicated. The prosecution presented a case involving the homeowner providing alcohol to an already intoxicated individual. The case was fictitious but realistic in nature. Teacher Becky Kelley, along with Wayne attorney Robert Ensz coached the team of four lawyers and four witnesses to a second-place finish at districts which was held in Stanton with the Honorable Judge Gardner presiding over the trial. Little did this team know that they were involved in the making of history that is now in its 40th year at Wayne High School.

That same year mock trial was something new brought to high school students across Nebraska. The state of Nebraska sent Ogallala High School to the first National Championship held in Des Moines, Iowa and came away with a National Championship title.

In 1986, Mr. John Murtaugh and Judge Bob Ensz coached the first team to make it to the Nebraska state championship. As the team was celebrating, they also had a huge dilemma as four of the six team members qualified for All State Clinic being held at the same time. After lengthy discussions, Wayne decided to forfeit. Later the mock trial team received a letter from Nebraska Supreme Court Chief Justice Norman Krivosha who apologized for the scheduling mishap and invited the team to visit the state capital and speak with him personally. The team traveled to Lincoln and met with Chief Justice Krivosha and the Nebraska Bar Association.

Today in the state of Nebraska, over 1,000 students and teachers along with over 400 legal volunteers assist with the Judge Lyle Strom High School Mock Trial Program. Every year a group of Nebraska lawyers create an original case for the mock trial program. This gives every student an opportunity to develop and present a case to a jury.

The now retired Honorable Judge Bob Ensz reminisced back 40 years remembering details from the first team. He recalled the attorneys being aggressive and a witness having to show the jury a field sobriety test in which she did a great job testifying to something she had never seen. He said the mock trial program has really evolved since 1984.

The Honorable Judge Bryan Meisner on Nov. 5 said to a court room full of mock trial participants that he has a dream that someone will become an attorney after participating in a mock trial.

Kyle Dahl, a 1992 Wayne High School graduate, and Quentin Jorgensen, a 2012 grad, are just two past mock trial participants who continued on to be attorneys. Dahl was a member of the 1992 mock trial team.

He said, “Mock trial is pretty true to the real thing. And it is a great opportunity for developing public speaking and critical thinking skills. I would encourage anyone to try it whether you ever have any aspirations of ever becoming a lawyer or not.”

Wayne High school has had many memorable events during the last 40 years with numerous wonderful legal volunteers from the community including Ken Swartz, Mike Pieper, Amy Miller, Bob Ensz, and Sandy Brown.

Brown said,” Mock trial brings so many benefits to students. It is an activity where students not only learn about the law, but also improve skills such as public speaking, analytical thinking, writing, acting, and more. It is incredible how much effort these students put into mock trial on top of an already busy load with schoolwork, other extracurricular activities, and jobs. What I love most is seeing these students evolve as they compete. Their confidence grows, and their case strategy comes together beautifully. They learn how to make objections, think quickly on their feet with responses, or push back under a tough line of cross examination questions. Most of all, these students handle the pressure with professionalism and respect at all times.”

Teachers involved since 1984 have included Becky Kelley, John Murtaugh, Brendan Dorcey and today Josh Johnson who has coached mock trial for the past 21 years. During those years eight teams have advanced to state. The highest achievement at state has been third place.

​Coach Johnson said, “Wayne Mock Trial has grown tremendously in the past 21 years. From six trialers to over thirty each year, the students have really grabbed hold of it and made it their own. I am blessed to be able to work with such great kids and volunteer lawyers each year. It is amazing watching them put together the case each year. The kids write the questions and the opening/closing statements and prepare their arguments. The students really turn into their characters and lawyers. They really OWN IT!!!!”