Fort Sill attorney judges Law Day mock trial

FORT SILL, Okla. -- Drawing on her military prosecutor experience at Fort Sill, Capt. Simone Jack judged a mock trial of youths accused of bullying in Teen Court, May 1, 2013, at Central Middle School in Lawton.

The legally recognized court usually tries cases in Comanche Country Courthouse, but Jack reasoned bringing the trial to school for Law Day could educate eighth grade students.

"Bullying is a hot topic and appropriate for this age group, and the school faculty is doing a lot to try to prevent bullying so we decided to capitalize on that," said the captain, one of several Fort Sill attorneys who volunteer with Teen Court and train youths who serve as attorneys.

The pretend trial became more apparent when Teen Court members solicited volunteers from the hundreds of eighth graders in the audience. Instead of feigning illness or claiming car troubles prevented them from getting to court, scores of hands reached to the sky as the students hoped their eagerness would translate to jury selection. No thoughts of movie contracts, book deals or talk show circuits clouded their desire to mete out justice.

The case involved a male high school student named Fabio, whose rich, lustrous blonde hair hung far down his back. The lad's hairstyle drew a comment from former friends, Johnny and Susie, on Facebook suggesting Fabio looked like a girl. Johnny, who proved to be the ringleader, escalated his caustic comments and said he would bring scissors to school to cut off Fabio's hair. As the comments increased so did the threats to Fabio's well-being.

"A lot of our youths don't realize that bullying falls under harassment and assault; assault doesn't necessarily mean they're going to put their hands on somebody, that would be battery," said Marcia Frazier, Teen Court director. "Threatening another person and getting in personal space is part of bullying."

Pryce Michener, a senior at Lawton High School, served as the prosecuting attorney. His case review convinced him his clients, Fabio and his friend, Mike, were bullied.

"The defendants need to be punished for what they did through social media first, then face to face," he said. "Cyber bullying or not, either is just as bad and warrants the same punishment."

Darius Jones, also an LHS senior, led the defense team. He admitted it would be a tough case to win, but he hoped to convince the jury the whole thing was a misunderstanding. He said he would argue Suzie and Johnny were playing around "being kids" on Facebook. He suggested the common social media expression "lol" could stand for lots of love, and that Fabio may have misinterpreted his clients' social media comments.

The lawyers called defendants and plaintiffs to the stand and drew out their sworn testimonies to help the jurors determine guilt or innocence.

What started as a barbed comment on Facebook grew to include threats to beat up Fabio and Mike's little sister. After both attorneys made their closing arguments, the jury retired to its chamber to deliberate their verdict.

A short time later, they reappeared and at the judge's prompting, announced both defendants guilty. Because she went along with what Johnny wanted to do Susie's sentence was somewhat lighter. She owed the defendants a personal apology; she also had to attend a four-hour conflict resolution and anger management class, serve 15 hours community service and attend an education class. As for Johnny, justice dealt him a tougher sentence. He would give a personal apology, and attend the conflict resolution and anger management, and education classes. He also was ordered to write a 500-1,000 word essay on the effects of bullying and do 25 hours community service.

His sentence received a resounding roar of approval from those seated in the mock courtroom.

Having fulfilled his civic duty, Richard Spatz, a Central Middle School eighth grader, said jury duty was a good experience that taught him more about how the legal system worked.

"It feels good to know there is a Teen Court and that I'm around people who can help keep us safe," he said.

Capt. Alane Ballweg, also an attorney at Fort Sill, said the trial was a good idea especially as something older students could appreciate and learn from.

"Normally Fort Sill attorneys did mock trials for Law Day, but Captain Jack decided to put a new spin on the event, and last week held two training sessions with student volunteers to prepare them for the trial."

Having served as director for 17 years, Frazier added she's seen thousands of young people pass through the court, which meets Thursdays from 5-6:30 p.m. Of that number, 97 percent of the youths turn from their errant deeds and become productive citizens.

"We see only first offenders who already admitted guilt and only serve as a sentencing hearing to hold kids accountable for their actions," she said.

Sanctioned by the state of Oklahoma, Teen Court verdicts defer formal charges against youths. Those who complete their sentences within the three-month period erase the black mark from their records. However, those who don't complete the sentence will have formal charges brought against them and go to trial before real juries, she said.

"If we get them young we'll see kids as young as age 10 we can change lives," she said. "A lot come back to be jurors or trained attorneys."

Teen Court isn't just for the bad apples. Any Comanche County student, ages 12 and up may volunteer.

"We want a jury of peers who can understand the legal process," said Frazier.

She added the court continues to serve a vital function in the county thanks in large part to donations from the United Way and other benevolence organizations. For more information, visit www.teencourtlawton.com.