Superior court of new jersey

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Statement of Gail Duran

My name is Gail Duran. I am 17. I have been dating Tom Carter for about a year. On the evening of July 5, I had a party for about 50 of my friends while my parents were on vacation. During the party a lot of people got drunk on beer. Sometime around 3 a.m., a fight broke out among about a dozen guys. Tom was hit on the head with a beer bottle. There was blood all over the place. I asked Joel Robertson and some others to take Tom to the hospital while I tried to get everybody out of the house before the police came.

The next day Tom called me to say he was all right and would be over to see me later on. Around 6:30 p.m., Tom arrived at my place. He was very upset about getting hit the night before. He said he thought he knew who had hit him with the bottle. He said it was Oscar Hanks. Tom then showed me a fake gun he brought to scare Oscar. I told him he was crazy and he should just let it go. Tom is a very proud guy and his ego making him think crazy thoughts. Tom would never intentionally shoot anyone. He's always been a sensitive and gentle guy. Sure, he had a few fist fights when we were in high school, but he didn't mean anything by it. He's basically a great guy.


  • Work with your team to present an organized and coordinated case.

  • Your team must create one new witness for your side. This witness cannot determine the ultimate issue in the case. (i.e. cannot confess to the crime or say that they saw someone else do it) Your team must prepare a witness statement similar to the witness statements provided with this packet.

  • Each member of your team is required to prepare for each phase of the trial. A written copy of your teams opening statement, all direct examination questions, all cross examination questions and closing arguments will be due BEFORE YOUR TRIAL CAN BEGIN.

  • Please review your BHS Mock Trial Handbook for help during mock trial prep and ASK QUESTIONS. I am your free legal consultant.

  • Please review the evaluative criteria for each part of your team’s presentation. Your team and individual grades will be based on the evaluative criteria. See BHS Mock Trial Handbook


The Prosecution must prove that the defendant, Thomas Wade Carter, did purposely or recklessly cause the death of the victim, Oscar Hanks. The elements of the crime (Text page 77) must be proved beyond a reasonable doubt.

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