2016 Case

Gene Franchini High School Mock Trial Program

Center for Civic Values 40 First Plaza Ctr NW

Suite 609 Albuquerque NM 87102

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email mocktrial@civicvalues.org web civicvalues.org

Santana Perea vs. Jaime Sosa

The 2016 Mock Trial Case edited by the

MOCK TRIAL CASE COMMITTEE CENTER FOR CIVIC VALUES

IN THE STATE COURT OF RYE COUNTY

STATE OF NEW MEXICO SANTANA PEREA, ) )

) v. ) Civil Action No. 2016-MT ) ) JAIME SOSA individually and in ) her/his official Capacity as an Employee ) of the Rye County Board of Education )

NOTE: All characters, names, events, and circumstances in this mock trial case are fictitious or are used fictitiously. Any resemblance to any person (living or dead), place, thing or event is

purely coincidental.

The Center for Civic Values gratefully acknowledges the team of writers and editors who produced this original case:

Judge Michael H. Barker, Magistrate Court of Chatham County, Savannah

John Ratterree, II, Esq., Atlanta Christy Barker, Esq., Chatham County District Attorney’s

Office, Savannah Julie Culhane, Esq., Allstate, Savannah Lee Ann Feeley, Esq., the Office of the DeKalb County

Public Defender, Decatur C. Elizabeth “Beth” Jones, Esq., Marietta

Roy E. Manoll, III, Esq., Fortson, Bentley & Griffin, Athens Judge Jennifer B. Mann, Magistrate Court of Gwinnett

County, Lawrenceville, & the Office of the DeKalb County Public Defender, Decatur

Jon Setzer, Esq., Gwinnett County District Attorney’s Office, Lawrenceville

Suzanne Smith, Esq., Alston & Bird, Atlanta Katie Wood, Esq., Atlanta Michael Nixon, Woodstock

Thank you to the Center for Civic Values Mock Trial Case Committee Members who adapted the case for

New Mexico Lynda Latta

Barbara Romo Ilyse Hahs-Brooks

Mark Pustay Michael Daniels

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INTRODUCTION

This introduction is of no legal consequence in terms of the trial and is not admissible for impeachment

purposes or for any other purpose.

During a hot August afternoon in Albuquerque, the Rye High School Marching Mustangs were practicing for that Friday night’s half-time performance, the first home game of the season. The University of New Mexico had contacted the high school’s band director, Jaime Sosa, to inform her/him that the University wants to offer a scholarship to its top-performing member of the senior class. The recruiter will be on campus that Friday night to observe the band and pay close attention to a few of the members up for the scholarship. The scholarship has come down to two section leaders: the leader of the trumpets and the leader of the trombones.

Santana Perea is the section leader of the trumpet section. She/he moved to Albuquerque between her/his sophomore and junior year. The trombone section leader, Kris Miller, has been a part of the Rye County school system her/his entire life and has a history with the band program and the school personnel.

On the afternoon in question, the band was practicing in one of the school’s parking lots. The temperature was in the 90s and no clouds in the sky. Santana was late to practice and was disciplined by the director during the practice by being sent to run laps around the track.

The school athletic trainer, Alex Ramirez, had been taking heat index readings with the school’s heat index globe temperature instrument, to monitor the conditions for students participating in outdoor activities. Per county policy, when the heat index readings reached a critical level, the athletic trainer notified all outdoor activities that everyone had to move inside.

While the band moved inside, the school’s custodian, Bailey Jones saw both the band and the football team move indoors from their locations. She/he also noticed a single student running slowly around the track. The custodian went to the athletic trainer to tell the trainer that someone was still running outside. By the time the trainer got to the track, the student had collapsed from heat exhaustion and was rushed to Presbyterian Hospital and admitted with injuries.

Santana Perea is suing Jaime Sosa for malice and seeking damages for her/his injuries which occurred as a result of being punished for failing to abide by band rules, claiming the band director performed a discretionary act with actual malice. Perea alleges that Sosa ‘had it out for her/him’ because Sosa wanted Kris Miller to get the scholarship to UNM by making it so the Plaintiff could not perform that Friday night. In doing so, the UNM recruiter would only see the trombone leader and give him/her the scholarship.

STIPULATIONS

1. All exhibits included in the problem are authentic and accurate in all respects, and no objections to

the authenticity of the exhibits shall be entertained. 2. Stipulations cannot be contradicted or challenged. 3. The signatures on the witness statements and all other documents are authentic. 4. There are NO costume options permitted as an exception to Rule 20 this season. 5. The Charge of the Court is accurate in all respects; no objections to the charge shall be entertained. 6. Chain of custody for evidence is not in dispute. 7. The Introduction provided is of no legal consequence in terms of the trial and is not admissible for

impeachment purposes or for any other purpose. 8. All provisions of the New Mexico Tort Claims Act have been complied with. It shall not be an issue

at trial that Rye County School District is not a separate defendant in the lawsuit. 9. Exhibit 7 fairly and accurately depicts the item, scene, view, photo, information and/or geography it

purports to depict. 2 of 52

10. Exhibits 1, 4, 5, and 10 are admissible without further foundation. The proper evidentiary foundation has been laid for the admission of Exhibits 2 and 3 except for relevance.

11. Exhibits 8 and 9 are documents kept in the ordinary course of business or as part of the ordinary conduct of an organization or enterprise; it is part of the ordinary course of business of that organization, business, or enterprise, to compile the data or information; the information was made for the purpose of recording the occurrence of an event, act, condition, opinion, or diagnosis that takes place in the ordinary course of the business or enterprise; the entry in the record or the compiling of the data was made at or near the time when the event took place; and the recording of the event was made by someone who has personal knowledge of it.

12. Alex Ramirez’s handwriting appears on Exhibit 6. 13. Alex Ramirez completed Exhibit 8. 14. All students participating in the RHS marching band for the 2014-2015 school year received Exhibit

1 and signed the acknowledgement. 15. The e-mails from Jaime Sosa in Exhibits 2 and 3 were sent though Sosa’s school e-mail address. 16. No witness shall be treated as an adverse witness during trial.

WITNESSES The following witnesses are available to be called by the parties. Prosecution witnesses may not testify or

be called on behalf of the Defendant. Defense witnesses may not testify or be called on behalf of the Prosecution. All witnesses may be female or male. See Rules 3, 5 and 12(f) for more details on witnesses.

For the Plaintiff

Santana Perea, plaintiff Sidney Winthrop

Alex Ramirez

For the Defense Jaime Sosa, defendant

Kris Miller Bailey Jones

EXHIBITS

Teams in competition may use the following exhibits. Teams should only print and use exhibits in a black and white format. They are pre-marked and are to be referred to by number, as follows:

Exhibit No. Exhibit Title/Description

1. Band Policy Handbook 2. Sosa – Schneider e-mails 3. Sosa – Miller e-mails 4. Rye County School District (RCSD) Practice Policy for Heat and Humidity 5. Ambient Weather WS-HE01 Handheld Heat Stress Index Monitor 6. RCSD Heat Index Temperature Measurement and Record 7. Campus Map of Rye High School 8. Accident Report 9. Presbyterian Hospital Discharge Papers

10. “Sosa’s Rules of the Band” – Posted on outside of band room door

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Filed 2/10/2016

IN THE STATE COURT OF BERNALILLO COUNTY STATE OF NEW MEXICO

SANTANA PEREA, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO: 2016-MT ) JAIME SOSA, Individually and in his/her ) official Capacity as an Employee of the Bernalillo ) County Board of Education, ) ) Defendant. )

COMPLAINT

COMES NOW Santana Perea, Plaintiff in the above-styled action, and files this Complaint showing the Court as follows:

1.

Defendant, Jaime Sosa, is a resident of Bernalillo County and may be served with a copy of this Complaint within the confines of said county. Jurisdiction and venue are hereby appropriate in this Court.

2.

As part of his/her many extracurricular activities, Plaintiff performs in the Bernalillo County High School marching band, and Defendant serves as Director of said band.

3.

At all times relevant hereto, Defendant’s actions occurred during the course and within the scope of his/her employment with the Bernalillo County Board of Education as Band Director for the Bernalillo County High School marching band.

4.

As punishment for an alleged internal rules violation, Defendant decided to punish Plaintiff by making Plaintiff run laps in scorching heat, and in spite of being told that the school district’s “heat index” policy mandated that all students be brought indoors.

5.

The act of determining punishment is discretionary in nature.

Filed 2/10/2016

6.

On August 25, 2015, Defendant performed that discretionary act with actual malice, depriving Defendant of all immunity for said act.

7.

As a result of Defendant’s malicious performance of that discretionary act, Plaintiff suffered serious bodily injury and tremendous pain and suffering, all for which Plaintiff is entitled to compensation from Defendant.

WHEREFORE, Plaintiff prays for the following relief:

(a) that process issue and Defendant be served with a copy of this Complaint;

(b) that Plaintiff have a trial by jury on all issues;

(c) that Plaintiff be awarded special and general damages in an amount to be proven at trial and as

determined by a fair and impartial jury;

(d) that Plaintiff be awarded costs and attorney’s fees in bringing this action; and

(e) That Plaintiff be awarded such other and further relief as the Court deems just and proper under

the circumstances.

This 10th day of February, 2016.

M. Giger, Esq. By:______________________________

Attorneys for Plaintiff Albuquerque, New Mexico

Michelle Giger

IN THE STATE COURT OF RYE COUNTY STATE OF NEW MEXICO

SANTANA PEREA, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO: 2016-MT ) JAIME SOSA, Individually and in his/her ) official Capacity as an Employee of the Rye ) County Board of Education, ) ) Defendant. )

ANSWER

COMES NOW Jaime Sosa, Defendant in the above-styled action, and answers Plaintiff’s Complaint as follows:

1.

The allegations of Paragraph 1 are admitted.

2.

As to the allegations of Paragraph 2, Plaintiff’s presence on the Rye county High School Marching Band is admitted. Defendant lacks sufficient information to admit or deny the remainder of Paragraph 2.

3.

The allegations of Paragraph 3 are admitted.

4.

As to the allegations of Paragraph 4, Defendant’s authority to administer punishment for rules violations is admitted. The remainder of the allegations in Paragraph 4 are vehemently denied.

5.

The allegations of Paragraph 5 are admitted.

6.

The allegations of Paragraph 6 are vehemently denied.

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7.

The allegations of Paragraph 7 are vehemently denied. By way of further answer, Plaintiff’s injuries are solely due to Plaintiff’s failure to exercise ordinary care for his/her own safety.

WHEREFORE, Defendant prays for the following relief:

(a) that Defendant have a trial by jury on all issues;

(b) that Plaintiff’s complaint be dismissed;

(c) that Defendant be awarded costs and attorney’s fees in bringing this action; and

(d) that Defendant be awarded such other and further relief as the Court deems just and proper under

the circumstances.

This 15th day of February, 2016.

Bruce Cabot, Esq.

By:______________________________ Attorney for Defendant Albuquerque, New Mexico

Bruce Cabot

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IN THE STATE COURT OF RYE COUNTY STATE OF NEW MEXICO

SANTANA PEREA, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO: 2016-MT ) JAIME SOSA, Individually and in his/her ) official Capacity as an Employee of the Rye ) County Board of Education, ) ) Defendant. )

THE CHARGE OF THE COURT [Not to be read in open court]

Pleadings You have been considering the case of Santana Perea v. Jaime Sosa. You have heard the evidence and the allegations of the parties, and I will not repeat them here. It is now my duty to instruct you on the law which you will use to render a verdict in this case.

Burden of Proof; Generally; Preponderance of Evidence, Defined

Plaintiff has the burden of proof, which means that the plaintiff must prove whatever it takes to make out his/her case, except for any admissions by the defendant. Plaintiff must prove his/her case by what is known as a preponderance of the evidence, that is, evidence upon the issues involved which, while not enough to wholly free the mind from a reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the issue rather than the other. Your verdict will only deal with liability – the issue of damages will be reserved for a later time. Credibility of Witnesses

The jury must determine the credibility of the witnesses. In deciding this, you may consider all the facts and circumstances of the case, including the witnesses' manner of testifying, their intelligence, means and opportunity of knowing the facts to which they testify, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or lack of interest, and their personal credibility as you observe it. While you may consider the number of witnesses on each side, you are not required to decide in favor of the side with the most witnesses. You make all decisions as to the facts of this case, under the law as given you in this charge.

Conflicting Evidence; Reconciliation

Any conflicts in the evidence are to be reconciled wherever possible. All witnesses are presumed to speak the truth and, if possible, you should not attribute a false statement to any of them. If you find that this cannot be done, then you should believe the evidence that is most reasonable and believable to you and decide the case by the preponderance of the evidence as you find it to be.

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Circumstantial Evidence; Direct Evidence Direct evidence is evidence, which immediately points to the question at issue. Indirect or circumstantial

evidence is evidence, which only tends to establish a fact; it must be such as to reasonably establish that fact rather than anything else. The comparative weight of circumstantial and direct evidence on any given issue is a question of fact for you to decide.

Stated differently, direct evidence is the testimony of a witness who has seen or heard the facts to which the witness testifies and which, if believed, is sufficient to prove or establish these facts.

Circumstantial evidence is the testimony of a witness who has seen or heard the facts to which the witness testifies where from such facts, if believed, you may find other facts to exist, which are reasonable and believable to you in the light of your experience.

Where circumstantial evidence is relied upon to establish a fact or theory, it must be such as to reasonably establish that fact or theory rather than anything else. Admissions

An admission is a statement by a party, which tends to aid the cause of the opposing party. All admissions shall be carefully considered.

Impeachment of Witnesses

When witnesses appear and testify, they are presumed to speak the truth unless impeached in some manner provided by law.

To impeach a witness means to discredit the witness, or prove the witness unworthy of belief. A witness may be impeached:

a. By disproving the facts to which the witness testifies; b. By proof of contradictory statements previously made by the witness about matters relevant to the

testimony and to the case; c. By evidence as to the witness's general bad character; or d. By the conviction of the witness of an offense involving dishonesty or false statement.

If it is sought to impeach a witness by "b," "c," or "d," above, proof of the general good character of the

witness may be shown. The effect of the evidence is to be determined by the jury.

When a witness is successfully contradicted as to a material matter, the witness's credibility as to other matters shall be a question for the jury.

Since believability of witnesses is a matter to be determined by the jury under proper instructions from the court, if an effort is made to impeach a witness, it is the duty of the jury to determine whether the effort has been successful and whether the witness is to be believed. Malice

The case before you is one in which the plaintiff must prove by a preponderance of the evidence that defendant’s actions, if any, was a proximate cause of the injuries to the plaintiff. In order to recover, defendant’s actions must have been done with actual malice.

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In this context, actual malice requires a deliberate intention to do wrong, and denotes express malice or malice in fact, or a deliberate intention to do an unlawful act. While ill will may be an element of actual malice, it must also be combined with the intent to do something wrongful or illegal.

Intent may be shown in many ways, provided you, the jury, believe that it existed from the proven facts before you. It may be inferred from the proven circumstances or by acts and conduct, or it may be, in your discretion, inferred when it is the natural and necessary consequence of the act. Whether or not you draw such an inference is a matter solely within your discretion.

Every person has a duty to use ordinary care for his or her own safety. If you should determine from the

evidence that the plaintiff failed to use ordinary care and that this failure was the sole proximate cause of the plaintiff’s injuries, then the plaintiff could not recover from the defendant. Form of Verdict

If you believe from a preponderance of the evidence that the plaintiff is entitled to recover, you would find for the plaintiff and the form of your verdict would be: "We, the jury, find for plaintiff and against defendant on the issue of liability."

If you believe the Plaintiff is not entitled to recover, your verdict would be “"We, the jury, find for defendant.” Verdict in Writing

Whatever your verdict in the case, it must be agreed to by each juror, it must be in writing, dated and signed by your foreperson, and it must be returned and read in court. You may write your verdict on the back of plaintiff's petition. Verdict; Unanimity

Your verdict must be unanimous. If you cannot unanimously agree on a verdict, the judge is required by law to declare a mistrial and retry the case before another jury. Jurors should carefully consider all the evidence in the case, consult with one another, and deliberate with a view toward reaching a unanimous verdict, consistent with your consciences and oaths as jurors.

Avoid premature fixed opinions. Do not hesitate to reexamine your views and change your opinions if, after fair and impartial discussions and deliberations with your fellow jurors, you are honestly convinced that your opinion should be changed. However, no juror is required to surrender an honest opinion differing from that of another juror merely for the purposes of reaching a unanimous verdict. Court Has No Interest in Case

I want to emphasize that anything the court did or said during the trial of this case was not intended to, and did not intimate, hint, or suggest to you which of the parties should prevail in this case. Whichever of the parties is entitled to a verdict is a matter entirely for you to determine, and whatever your verdict, it must be agreed upon by all of you.

The court's interest in the matter is that the case be fairly presented according to law and that you — as honest, conscientious, impartial jurors — consider the case as the court has instructed you and return a verdict that speaks the truth as you find the truth of the case to be.

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Jury; Final Instructions One of your first duties in the jury room will be to select one of your number to act as foreperson, who

will preside over your deliberations and who will sign the verdict to which all twelve of you freely and voluntarily agree.

You should start your deliberations with an open mind. Consult with one another and consider each other's view. Each of you must decide this case for yourself, but you should do so only after a discussion and consideration of the case with your fellow jurors. Do not hesitate to change an opinion if convinced that it is wrong. However, you should never surrender honest convictions or opinions in order to be congenial or to reach a verdict solely because of the opinions of the other jurors.

You may go now to the jury room, but do not begin your deliberations until I send you the pleadings and exhibits, which I will do shortly. Then you may begin your deliberations.

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Legal Authorities

Case Law The following excerpts are from Case Law concerning the legal issues raised in this mock trial case. Only portions of the opinions are provided, and only those portions may be used in the course of the trial. Citations and internal quotation marks are omitted in the excerpts of the cases that follow. While we recognize that our courts have defined "malice" as involving reckless disregard for the rights of

others, it is "actual malice," not mere "malice," that is addressed in the 1991 amendment to Art. I, Sec. II, Par. IX. We find the term "actual malice," as set forth in the 1991 amendment, to denote "express malice or malice in fact." Express or actual malice, although not a term typically used in the context of civil litigation, is found in criminal law and has long been distinguished from "implied malice," a term which has been defined to mean conduct exhibiting a "reckless disregard for human life."

Garzon v. Hernandez, 266 N.M. 390 (1996) [I]n the context of official immunity, "'actual malice' requires a deliberate intention to do wrong,” and

denotes "express malice or malice in fact." This definition is consistent with express malice which, in criminal law, is similarly defined as a deliberate intention to do an unlawful act. We reject the position that proof of "ill will" is itself enough to establish actual malice under Art. I, Sec. II, Par. IX (d). Actual malice requires more than harboring bad feelings about another. While ill will may be an element of actual malice in many factual situations, its presence alone cannot pierce official immunity; rather, ill will must also be combined with the intent to do something wrongful or illegal. To hold otherwise would mean that any plaintiff who suffers damages as the result of an act of a public officer or employee can pierce that State defendant's official immunity solely on the basis of the defendant's rancorous personal feelings towards the plaintiff, even though the defendant's actions in regard to the disliked plaintiff may have been completely lawful and legally justified.

Adams v. Peno, 271 N.M. 414 (1999) In Adams v. Peno, a high school coach punished a student by requiring him to cut weeds under the school's

stadium bleachers with a pair of scissors. The student[‘s wrist] was injured as a result and sued the coach. In determining whether the coach acted with actual malice, we noted that “actual malice'' requires a deliberate intention to do wrong” and stated that ``[t]his definition is consistent with express malice which . . . is similarly defined as a deliberate intention to do an unlawful act.''

Villareal v. Hanse, 281 N.M. 133 (2006) School teacher or official’s failure to follow through on safety policies for students with special needs or students in acute medical distress when teacher or official required student with asthma to participate in strenuous activity and when teacher or official delayed calling 911 after student had an attack, allegedly causing personal injury to student, was an act of negligence in the operation of the school, constituting waiver of immunity under the Tort Claims Act for negligence in the operation or maintenance of a building; student’s parents’ negligence claim challenged district’s general failure to implement promised safety policies.

Upton v Clovis Municipal School District, 140 N.M. 205 (2006)

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STATEMENT OF SANTANA PEREA 1. I know, I know that Ms./Mr. Jaime Sosa always says: “If one is late, all must wait.” She/he is a 1 real stickler for punctuality. That’s Rule No. 1 on the Sosa’s Rules of Order posted on the Band Room 2 wall. But getting to practice on time really wasn’t an option that day. 3 4 2. After my dad died last year, my mom’s been kind of addled when it comes to time. She seems 5 always to be running late, especially since she launched a pet sitting service where she goes around 6 to people’s houses during the day and takes care of their dogs or cats while the owners are out of 7 town. And for some clients, who work really long hours, she’d go by their houses in the middle of the 8 weekdays to let their dogs out to relieve themselves so the owners wouldn’t come home to “poo-9 pourri” after a tiring day at the office. 10 11 3. I thought a home-based, pet-sitting business was a pretty good idea, actually. Sometimes, when 12 it gets really busy around holidays, she hires me and my best friend, Sidney Winthrop, to help out. 13 But sometimes Mom gets really caught up with the animals and forgets she needs to take me 14 places—like band practice. And that’s even gotten Sidney in trouble when she/he is helping with the 15 pet sitting and we both have to rely on my mom to get us to practice. 16 17 4. But that brings me to Ms./Mr. Sosa’s Rule No. 10: Maturity requires taking responsibility and not 18 blaming others. 19 20 5. Ms./Mr. Sosa just doesn’t get what’s going on in my family. There should be a Rule No. 11 for 21 that: Try feeling some empathy. 22 23 6. After all, we were practically brand new to Albuquerque when Dad died and didn’t have much of 24 a support system in place. We moved here from San Diego, California after Dad got a job with the 25 New Mexico Symphony Orchestra. It was always Dad’s dream to be first-chair violinist. I’m glad he 26 got to do that, even if it was only for a short while before he died on his way home from a 27 performance. He got slammed in a head-on collision with a drunk driver going the wrong way on I-28 40. 29 30 7. I guess I got the musician genes from him, though I can’t say I ever had any desire to play violin. 31 Trumpet is my instrument. That’s why Sidney and I really hit it off. Both of us have parents who play 32 a lot of jazz CDs. Kinda weird for kids like us to be fans of the greats like Louis and Miles and Dizzy. 33 And, of course, Wynton Marsalis. What can I say? I know it added to my depth of field, allowing me 34 to become a section leader in the band, despite being the new kid in school. 35 36 8. I learned to be a UNM Lobo fan from Sidney. And I was grateful to her/him since I was in the 37 running for the scholarship. Was, but no more… 38 39

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9. Which brings me back to why I was late that day and why I couldn’t let it lead to me missing a 40 band performance. 41 42 10. You see, my mom needed to stop by the house of one of her clients when she was taking me 43 back to school for band rehearsal. She said it would only take a minute. All she needed to do was let 44 Rags out long enough to take care of his business. Well, wouldn’t you know, my mom opened the 45 front door and Rags shot out into the front yard like a rocket! I saw the dog flying out the front door 46 and leaped out of the car to try to catch him. Rags kept dodging me. I was running really hard to 47 head Rags off, but I couldn’t lay a hand on him. My mom ran back to the car, then drove ahead trying 48 to be in place to scoop Rags in if I got my hands on him. 49 50 11. But that was impossible. Rags headed down the exit ramp from Juan Tabo on to the I-40, going 51 against traffic in the break-down lane. So when my mom pulled up, she motioned for me to get in 52 the car. I couldn’t believe we were just leaving Rags. But what else could we do? After what 53 happened to my dad, with the head-on collision and all, my mom wasn’t about to follow a dog into 54 on-coming traffic down the exit ramp. 55 56 12. I told my mom: “I have got to get to band practice. I’m already late.” From that point, she 57 floored the car straight to the school. And I sat worrying about what Ms./Mr. Sosa was going to have 58 in store for me this time, especially if the police pulled my mom over and made me even later by 59 giving her a speeding ticket. 60 61 13. When I finally got to practice, I tried to explain, but Ms./Mr. Sosa would hear none of it. I was 62 late. Nothing else mattered. Go directly to Sosa’s Rules of Order No. 1. My choices, if you could call 63 them that, were to sit out the next performance—not an option with the scholarship scout scheduled 64 to come—or run laps around the school’s track until Ms./Mr. Sosa said to stop. It was so humiliating 65 having to run in front of the football team. They already think we’re complete nerds and having to do 66 laps when they are out on the field is the worst. 67 68 14. As I left for the track, I muttered under my breath to Sidney: “Ms./Mr. Sosa is such a martinet!” 69 70 15. I was already feeling really thirsty. But I passed up the cooler of Gatorade down by the football 71 field reserved only for the team. That’s another one of Sosa’s Rules of Orders — Keep away from the 72 football team’s stuff. There has been some bad blood between Ms./Mr. Sosa and the Athletic 73 Department. She/he feels the only reason we have a football game is to give our band the chance to 74 perform at halftime and that’s why people show up. You don’t see the football team marching and 75 playing in New York City or Pasadena, do you? 76 77 16. When I came to the water fountain on the sidewalk leading down to the track, I turned the 78 handle to get a drink, but only rusty brown sludge came out. I wasn’t about to drink that mess. It 79 smelled like it was straight from the sewer! 80 81

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17. I started doing laps, running as slowly as I possibly could, and still have it appear from where the 82 band was that I wasn’t just walking. I imagined my legs were steel springs. I focused on the 83 scholarship. I thought about how I was going to beat out Kris Miller for the scholarship. Whoever 84 heard of trombone solos? I swear that kid is Ms./Mr. Sosa’s pet. I hear Ms./Mr. Sosa has even been 85 tutoring her/him with private lessons on the weekend to help her/him win the scholarship. 86 87 18. It occurred to me after I’d gone around the track a couple of times that it was a really, really hot 88 day. I saw Ms./Mr. Sosa checking her/his cell phone before heading indoors. I could see the band 89 was starting to head inside to the band room. I saw Sidney looking at her/his cell phone as well. I 90 looked again to Ms./Mr. Sosa to see if she/he was going to let me come in, too. But she/he just made 91 a circular motion in the air over her/his head with her/his hand that I took to mean keep running laps. 92 After all, she/he said to “Keep running until I tell you to stop.” 93 94 19. By this time I was crazy thirsty. I felt my hamstrings cramping. But I didn’t dare stop, so I tried 95 slowing it down even more. Just going through the motions of running. Still, I was incredibly hot and 96 totally uncoordinated. I think I started to hallucinate, because I swear I saw Rags run across the end 97 of the football field, with a TV78 news chopper flying overhead. Then Rags sprouted wings and was 98 lifted like a butterfly up to the helicopter. All I could do at that point was stagger. And even though it 99 was so very hot, my body wasn’t sweating anymore. All I wanted to do was throw up, though it was 100 more like dry heaves since my body had long since absorbed whatever liquid I’d had since lunch. 101 102 20. The next thing I remember is being in the emergency room, with an IV in my arm and a doctor 103 stitching my busted lip. How in the world was I supposed to play trumpet with stitches in my lip? I 104 knew that this would cost me my scholarship, which seems particularly unfair for a half-orphan such 105 as myself, so I had no other choice but to sue. 106 107

WITNESS ADDENDUM 108

I have reviewed this statement, previously made by me, and I have nothing of significance to add at 109 this time. The material facts are true and correct. 110 111 Signed, 112 113 __________________________ 114 Santana Perea 115 SIGNED AND SWORN to me before 8:00 a.m. on the day of this round of the 2016 New Mexico High 116 School Mock Trial Competition. 117 118 119 ______________________________ 120 C.M. McCormack, Notary Public

/S/

/S/

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STATEMENT OF SIDNEY WINTHROP

1. I am Sidney Winthrop, 17 years old, and a senior at Rye High School I am a proud member of the 121 Rye High School Mustangs Marching Band and second chair in the trumpet section. My friends call 122 me “Dizzy” after Dizzy Gillespie. I have loved his music since I was a young child. My parents were big 123 jazz fans and I cut my teeth on Dizzy Gillespie, Louis Armstrong, Miles Davis, and Wynton Marsalis. I 124 love to improvise and try unique sounds like Dizzy and emulate his “Sounds of Surprise.” That is why 125 my best friend, Santana Perea, ended up as first chair of Mustangs’ trumpet section rather than me. 126 But I don’t mind because Santana is really much more talented than I am when it comes to playing 127 with the band. Santana has the ability to make the rest of the band sound smooth, without stealing 128 the show, while she/he is really the best musician in the band. And everyone in the band loves 129 Santana , except our band director, Jaime Sosa and her/his pet, Kris Miller. 130 131 2. Santana and I met when she/he moved to Albuquerque about 2 years ago. Instead of becoming 132 rivals in the band, we became best friends because of our shared love of the jazz greats. Santana has 133 even become a University of New Mexico (UNM) fan – Go Lobos! I convinced Santana that is the only 134 place to consider going to college. I received a full ride voice scholarship to UNM because of my 135 unique singing ability (another Dizzy trait). Funny, I had a lisp until around age 7, but whenever I sang 136 the lisp just disappeared. Anyway, I told Santana that UNM has one of the top marching bands and 137 that Albuquerque, New Mexico is one the best places in the good old USA to hear awesome bands. 138 When my aunt went to UNM law school in 1984, she saw the B-52’s, Taj Mahal, and 10,000 Maniacs 139 at the New Mexico Sunshine Theater in downtown Albuquerque. And of course, there’s the Kimo 140 Theater where Duke, Cab and Louis played. Oh the history! Plus UNM was offering one scholarship to 141 a Rye High School Mustangs band member. Santana was a shoe-in for the scholarship and she/he 142 needed the scholarship badly. 143 144 3. When Santana moved to Albuquerque two years ago, her/his Dad was first chair violinist in the 145 New Mexico Symphony Orchestra, but got killed by a drunk driver coming home one night from a 146 performance. Santana’s mother had to go to work to make ends meet so she started a pet sitting 147 service. Santana and I help Mrs. Perea out between school getting out at 2:25 pm until she drives us 148 back for band practice most days. Sometimes the pets can be a little difficult and take more time 149 than anticipated and we are often late to band practice. Being late really ticks off our band director, 150 Jaime Sosa. Sosa’s Rules of Order #1 is “If one is late, all must wait.” Another is something like 151 “Maturity requires taking responsibility and not blaming others.” “Martinet” Sosa, I mean Jaime Sosa, 152 doles out harsh punishment for being disrespectful, being late to practice or missing a practice. Sosa 153 makes you sit out the next performance or run laps during practice. Sosa doesn’t realize, and does 154 not seem to care, what is going with Santana’s family life since Mr. Perea was killed. 155 156 4. Santana has always been very responsible and was always on time to band practice before Mr. 157 Perea was killed. Since the pet sitting business began, Santana’s mother often stops to check on a pet 158 before dropping Santana off at practice. Of course, Santana is often late to practice now so Sosa is 159 always on her/his case. Santana is too proud to tell Sosa why she/he is late and refuses to blame 160

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her/his mother for the tardiness. Of course, I believe that Sosa really had it in for Santana , especially 161 on the day she/he nearly killed Santana , because that was the last practice before our performance 162 at the football game when Frances Schneider would come from UNM to make her decision about 163 who was getting the scholarship – Santana or Kris (our pompous first chair trombone player). Sosa 164 has been tutoring Kris since she/he was old enough to pick up the trombone. Kris is a blowhard (no 165 pun intended) and she/he needed the extra help from Sosa because she/he has no natural talent – 166 not like Santana anyway! Kris is always so serious and demanding with her/his section. I thought it 167 would be fun for the brass sections to do a lip dub video to LN’T’s “Call Me Baby” (“Hey, hear my 168 banjo. So call me baby!”). These videos are all over the internet now and I thought it would be fun 169 for our sections to do together, but Kris squashed that idea fast, saying it was a distraction to the 170 season and we don’t have time for such things. What a stick in the mud! 171 172 5. Anyway, on that hot, muggy, August afternoon, Santana was late to practice again and this time 173 she/he was 30 minutes late. Santana had a good excuse because Mrs. Perea stopped on the way to 174 practice to check on one of her clients, Rags. Well Rags got out the door and led them on a high 175 speed chase around town and they finally gave up trying to catch him. Someone took a video of Rags 176 running around in downtown traffic that went viral. It took 2 days for someone to catch that crazy 177 dog – he has more lives than a cat! So when Santana got to practice, she/he was very upset about 178 Rags running around town loose and of course about being late to practice. Santana could not miss 179 the next performance so she/he chose to run laps around the track. Martinet Sosa was more angry 180 than usual at Santana and said “Keep running laps around the track until I tell you to stop.” This was 181 really strange because Sosa had not made anyone – ANYONE – run laps so far that season. That 182 punishment was usually reserved for the worst offenders. Heck, even the great Kris Miller (the 183 golden child) was late to practice last week, but Sosa did nothing. I was going to say something, but 184 Santana gave me a look and I knew she/he did not want me to get involved and risk being punished 185 for being disrespectful. 186 187 6. As Santana jogged out to the track I saw her/him mouth the words “Sosa is such a martinet” and 188 then give me a little grin. Santana was moving kinda slow but it was so hot and muggy no one could 189 blame her/him. Santana slowed up as she/he passed the Gatorade stand that is reserved strictly for 190 the football team. I know she/he wanted to sneak a drink but we have strict orders from Sosa not to 191 touch the Gatorade. The football coach and Sosa are mortal enemies. Sosa says the only reason 192 anyone comes to the football games is to hear the Mustangs play and no one really cares about our 193 mediocre football team. Plus the football players harass us – they call us nerds and always laugh and 194 point when one of us has to run laps. I saw Santana stop at the water fountain on the path to the 195 track but she/he did not drink from it. I stopped by that same water fountain earlier that day and saw 196 that the water coming out of it was brown and smelled like the sewer. 197 198 7. Santana finally made it to the track and was moving around very slowly. Sosa kept looking over 199 at Santana and scowling. Sosa’s face turned redder and redder and I swear it looked like steam was 200 coming out of her/his ears. After what seemed an eternity, because it was so hot and muggy that day, 201 Sosa checked her/his cell phone, then cut our music and announced over the hand-held bullhorn that 202

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we needed to head inside because it was too hot to stay outside. Sosa then did something odd and 203 took her/his right hand and circled it above hishe/head and yelled “Let’s move.” However, Sosa did 204 all this while facing away from Santana. I looked over and saw Santana over on the other side of the 205 track. I knew there was no way Santana could hear what Sosa said and I was sure Santana could not 206 see the crazy new hand signal Sosa had used so I grabbed my cell and tried to call Santana and got no 207 answer. I also texted Santana but did not get a response. I asked Sosa if I should get Santana and 208 Sosa said “No, I signaled to Santana to come inside with the rest of us and I am sure Santana will 209 take her/his own sweet time getting here since she/he was moving like a snail around the track 210 anyway.” But Santana never made it back to the band room. 211 212 8. As I was walking off the parking lot, I noticed Santana’s back pack sitting under the director’s 213 stand, where Santana had left it before going out to the track. I picked it up to carry inside for 214 her/him since I figured she’d/he’d be so tired from all that running in the heat that she/he wouldn’t 215 feel like carrying it. When I picked it up, I saw that the top was unzipped and I could hear a beeping 216 inside. I knew it was Santana’s phone saying that She/he had a missed call or text message. I looked 217 and it showed my missed phone call from earlier and said that there were three new messages. I also 218 saw her/his water bottle she/he usually brings to practice in the bag. I hated that Santana didn’t take 219 it with her/him out to the track, but then noticed it was empty and it wouldn’t have done any good. 220 Then I headed inside with the rest of the band. 221

222 9. The next thing I knew Bailey Jones and Alex Ramirez ran by our door carrying Santana who was 223 limp and had blood pouring from her/his mouth. I was terrified. Sosa immediately called 911 and ran 224 out the door after them. I called Santana’s mom, and she rushed over to the school and picked me up 225 and we followed the ambulance carrying Santana to Presbyterian Hospital’s Emergency Room. 226 Santana ended up suffering from heat stroke, had to spend the night at the hospital, and had 15 227 stitches in her/his bottom lip. Needless to say that took Santana out of the UNM scholarship contest 228 – no way she/he could play at the football game to perform for Frances Schneider. 229 230 10. After it all happened, I remembered something I heard in the hallway on Monday, the day before 231 Santana’s accident. Mr./Mrs. Sosa and Kris Miller were in the hallway talking and Kris was looking all 232 sorts of worried about something. Sosa said to Kris, “You don’t have anything to worry about. Perea 233 probably won’t even be able to play Friday night. There will be no competition. I guarantee it!” It 234 sounded a bit odd, but given that Sosa was getting more and more unhappy with Santana’s tardies to 235 practice, I thought maybe Sosa was going to finally drop the hammer on Santana for being so late and 236 not let her/him play Friday night. But then, after Santana’s accident, it seems a lot more than that. 237 Either way, Kris seemed comforted by her/his conversation with Sosa and I’m sure she/he is glad 238 Sosa’s prediction was right! 239 240 11. No matter what, this whole thing was caused by Sosa and her/his ridiculous and horrible 241 punishment of Santana that day. The worst part is Sosa keeps saying it was not her/his fault. Sosa 242 should be fired and Santana should be given another chance at the scholarship because there is no 243 way she/he can go to UNM without that scholarship. 244 245

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WITNESS ADDENDUM 246 I have reviewed this statement, previously made by me, and I have nothing of significance to add at 247 this time. The material facts are true and correct. 248 249 Signed, 250 251 __________________________ 252 Sidney Winthrop 253 254 SIGNED AND SWORN to me before 8:00 a.m. on the day of this round of the 2016 New Mexico High 255 School Mock Trial Competition. 256 257 ______________________________ 258 C.M. McCormack, Notary Public 259 260

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STATEMENT OF ALEX RAMIREZ 1. My name is Alex R. Ramirez but everyone calls me “Doc.” I have been the Head Athletic Trainer 261 at RHS since 2002. I grew up in the Midwest, but moved to Albuquerque in 2002 when I accepted 262 the job as Head Athletic Trainer for RHS. As Head Athletic Trainer, I have a myriad of responsibilities 263 and duties. 264 265 2. Let me start with my educational background. I graduated from the University of Wisconsin at 266 Oshkosh in 1992 with a Bachelor of Science in Education. My major was physical education with 267 minors in Health Education and Athletic Training. I earned my Master of Education in Allied Health 268 Education with a major in Secondary Health Education from Eastern Kentucky University in 1995. 269 While going to undergraduate school, I was a Student Athletic Trainer at the University of Wisconsin 270 at Oshkosh [Go Titans!]. Then I worked as a Graduate Assistant Athletic Trainer for Eastern Kentucky 271 University [Go Colonels!]. After my graduate work, I came to New Mexico and worked at Greater 272 Albuquerque Sports Medicine and Resurgens Orthopedics. I went to Alabama for a year to work with 273 Dr. James Andrews at the Alabama Sports Medicine and Orthopedic Center in Birmingham. While in 274 Birmingham, I heard about the position of Head Athletic Trainer here at RHS. I enjoyed my time in 275 New Mexico so I applied and was happy to accept the offer of Head Athletic Trainer. 276 277 3. In additional to my educational, professional and community experience, I am also a member of 278 several professional organizations. I am a member of the National Athletic Trainers Association, the 279 New Mexico Athletic Trainers Association, and the Southwestern Athletic Trainers Association. I am 280 ATC certified [Athletic Training Certified]. My profession requires that I receive 40 contact hours 281 every two years. As a result, every other Friday I attend research sessions at New Mexico Sports 282 Medicine Center. Each session will focus on a different aspect of Sports Medicine as it relates to 283 athletes. The New Mexico Sports Medicine Center is constantly conducting research and developing 284 new techniques; the sports medicine specialists are experienced in diagnosing and treating the full 285 spectrum of sports injuries. Topics covered include everything from knee injuries to heat illnesses. 286 RHS does not have a team physician, but an orthopedic resident from the New Mexico Sports 287 Medicine Center is present at all RHS football games. 288 289 4. Many people do not realize the extent of an athletic trainer’s responsibilities. The athletic 290 trainer is the critical link between the sports program and the medical community. She/he provides a 291 broad range of direct services to the sport participant on a daily basis and serves as the liaison 292 between the physician and athlete, and physician and coach. An athletic trainer must have a strong 293 background in human anatomy, human physiology, kinesiology or biomechanics, exercise physiology, 294 psychology, nutrition, pharmacology, physics, general medical conditions and disabilities, risk 295 management and injury prevention, acute care of injury and illness, injury assessment and 296 evaluation, therapeutic exercise, therapeutic modalities, and health care administration. My major 297 areas include the following: prevention; clinical evaluation and diagnosis; immediate care; treatment, 298 rehabilitation, and reconditioning; organization and administration; and professional responsibility. 299 300

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5. RHS has 23 different sports teams competing in the Fall, Winter and Spring. The Fall sports 301 include competitive cheerleading, football cheerleading, boys cross country, girls cross country, 302 football, softball and volleyball. Although the band plays at the football games, band members are 303 not considered “athletes” who would come under my purview. Now if any of them needed me, then 304 the faculty and students know that all they have to do is come and get me and I’d help. I don’t want 305 to appear crass, but many of the band members are either overweight or out of condition. Take for 306 instance Santana Perea. Santana is by no means overweight but she/he is not exactly the specimen 307 of health. Last year she/he ate lunch the same time that I did. The only time I saw something green 308 on her/his plate was when the cafeteria served lime Jell-o. That student would eat nothing but sugar 309 and carbohydrates. I would try to encourage Perea to eat more healthful food but she/he would just 310 smile and say “Hey Doc, I am just a growing girl/boy.” 311 312 6. Even though band members are not under my jurisdiction, I tried to approach the top of 313 conditioning and healthy food choices with Jaime Sosa after my first year at RHS. Jaime Sosa had 314 been at RHS for many years by the time I started in 2002. I sensed a bad vibe between her/him and 315 Coach from the beginning. I did not want to get involved in whatever was between those two. My 316 concern was the students. All students who participate in a sport at RHS must submit to a pre-317 participation physical either here at school or through the student’s primary care physician. The 318 athletes also participate in year-round conditioning programs to develop and maintain strength, 319 flexibility, agility, endurance, and a healthy lifestyle. Since band members are not considered 320 athletes, then those students do not have the benefit of these programs. 321 322 7. Like I was saying, I noticed that Jaime Sosa really worked her/his students hard. And it paid off. 323 During my first few years here at RHS, the marching band was asked to play in the Macy’s 324 Thanksgiving Day Parade and the Rose Parade in California. I saw Ms./Mr. Sosa alone in the band 325 room one day. I asked her/him if she/he wanted me to put together a conditioning program for 326 her/his band members – it would not be on the same scale as what I do for the football team, for 327 instance, but it would help get those students in better shape. And if you feel better then you 328 perform better. Obviously I had stepped into something and it was not a pile of roses! Ms./Mr. Sosa 329 looked at me and told me in no uncertain terms that I was to take care of the “players” and she/he 330 would take care of the “performers.” Notwithstanding her/his dismissal, I purposefully provided 331 more water than the football team could use at practice in case any of the band students needed 332 hydration. 333 334 8. I remember that day in August all too well. The cross country teams were out for a run through 335 the neighborhoods around the school. Coach had the football team putting in extra practices before 336 the first game. Ms./Mr. Sosa was doing the same with the band. Prior to the football team’s second 337 practice of the day (they worked out an hour before school), I did my regular safety check of the 338 football equipment, facilities, and field areas. I use a device called an Ambient Weather WS-HE01 339 Handheld Heat Stress Index Monitor. This device helps me determine the heat index. The heat index 340 is a composite temperature used to estimate the effect of temperature, humidity, wind speed and 341 solar radiation on humans. Athletic trainers use the temperature to determine appropriate exposure 342 levels to high temperatures. The heat index reading is NOT the same as the outside temperature. 343

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RHS was fortunate enough to participate in the UNM’s Heat Illness Study. Twelve schools from 344 around the state were given the Ambient Weather WS-HE01 Handheld Heat Stress Index Monitor to 345 track the HEAT INDEX for 3 years. The results of this study form the basis of the RHS Heat Related 346 Guidelines. When the HEAT INDEX level reaches 5, then all outdoor workouts stop. It is my 347 responsibility to monitor the HEAT INDEX and to notify the other sports teams accordingly. I acted in 348 accordance with this policy that day. 349 350 9. When the HEAT INDEX level reached 5, I followed school guidelines by notifying all the coaches 351 via the fastest method possible – text message. I sent a broadcast text to let them know that 352 everybody needed to be brought inside; usually they will wait out the next 30 minutes to see if the 353 next reading goes back down below the 5 level. Almost immediately I saw that Coach stopped 354 practice and ordered the football players to go into the field house. The other football coaches began 355 to load up the equipment in the cart and headed towards the field house. I noticed that Sosa had not 356 acted on the text yet. Like I said, Mr./Mrs. Sosa made it abundantly clear to me that I was to have no 357 part in her/his band, but out of concern for those students I re-texted her/him as well, to which I 358 received a one word text response – “wimp.” While helping the coaches get the equipment together, 359 I did notice that Santana Perea was circling the track as best she/he could. I went to go tell her/him 360 to go inside, but Coach told me not to get involved. After all, according to Coach, I did more than I 361 was supposed to do and he wanted me to go check on some of his defensive linemen who were 362 looking a little fatigued. I heard Sosa on the hand-held bullhorn, but her/his voice was so loud it 363 sounded like the bullhorn was pointed at me and not the track or field. 364 365 10. Once I was close to the field house, Bailey Jones was yelling “Doc, Doc, come quick, Perea’s down 366 out on the track!” I immediately turned around, picked up Jones, drove to Perea at the other end of 367 the track. Jones helped me get Perea in the football cart and raced back to the field house. I 368 immediately noticed the symptoms of exercise or heat stroke. Perea exhibited the classic signs: 369 She/he appeared ashen and gray, she/he had cool, clammy skin, and a weak yet rapid pulse. I 370 immediately moved Perea into the training room, and began to cool the body. Both Jones and I put 371 Perea in front of a fan and began sponging her/him with cool water and ice bags. I also administered 372 copious amounts of cool fluids with a diluted electrolyte solution. It took a while to stop the bleeding 373 from her/his mouth. Perea appeared to have fallen on her/his face because her/his lip was bloody. 374 Perea wasn’t looking well so I asked someone to call 911. The ambulance arrived within minutes and 375 took Perea to the hospital. After they left, I took the next 30 minute reading and called off all 376 outdoor activities for the day since it hit a 5 again. 377 378 11. This incident was totally avoidable. I blame Jaime Sosa. She/he should have required the band 379 members to be more physically fit. (Playing musical instruments, in full band uniform, on hot New 380 Mexico nights requires physical stamina.) She/he also knew that school and county policy required 381 her/him to get all the kids inside after I alerted her/him to the heat index reading, and it appears that 382 my first text was either deliberately or inadvertently ignored. Regardless, after finally getting the 383 message, she/he should also have had someone come down to the track to get Perea immediately. 384 Maybe now Jaime Sosa will let me design a conditioning program for her/his students. 385 386

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WITNESS ADDENDUM 387 I have reviewed this statement, previously made by me, and I have nothing of significance to add at 388 this time. The material facts are true and correct. 389 390 Signed, 391 392 __________________________ 393 Alex Ramirez 394 395 SIGNED AND SWORN to me before 8:00 a.m. on the day of this round of the 2016 New Mexico High 396 School Mock Trial Competition. 397 398 ______________________________ 399 C.M. McCormack, Notary Public 400 401

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STATEMENT OF JAIME SOSA 1. My name is Jaime Sosa. I guess that you could say that music is in my blood. My great 402 grandfather on my mother’s side was Harold Hill. Well, come on, you know the story of Harold Hill 403 and Jaime Paroo, right? They lived in River City, Iowa and raised their kids out there. Yes, I was 404 named after my great grandmother. We can’t all choose our names, you know! Anyway, after a few 405 generations, we “Hills” are no longer only in the mid-west. We are scattered throughout the country, 406 many still in the music game. For example, I have been the band director for the highly decorated 407 Rye High School marching band since 1995. Before that, I was the band director at The Ohio State 408 University for about a dozen years. We saw pretty moderate success with that program. 409 410 2. Why did I move back to Albuquerque, you ask? Well it was a combination of things. I found the 411 love of my life and we had 2 young children. Pat and I decided that we wanted to raise our family in a 412 smaller environment. I grew up in Albuquerque and I felt that it would be a great place for our 413 family. Small enough that the neighbors know each other, but large enough that they have other 414 things to do with their time than to get into our business. 415 416 3. Since being hired to teach music classes at RHS and head up its marching band, I have made it 417 my goal to create a nationally recognized band program. Our band has been invited to perform at 418 many prestigious events. We have traveled to California twice in the past ten years to perform at the 419 Rose Parade in Pasadena, CA. The Macy’s Thanksgiving Day Parade in New York City asked us back a 420 record-breaking 4 times over the past 10 years: in 2002, 2005, 2009, and again in 2012! I am very 421 proud of the progress that has been made with this marching band since I have been the band 422 director. These honors are not bestowed upon just any band. More importantly, I am well aware of 423 the fact that these honors are not mine alone. They belong to the marching band as a group as well 424 as to the individual performers. 425 426 4. I believe that it is part of my job to not only create a cohesive group of performers, but also to 427 attend to the individual goals and performances of the members of the band. Many of our students 428 have gone on to realize their dreams of being professional musicians. As a matter of fact, our 2006 429 drum major went on to perform with Lil’ Nemesis T. It is truly tragic what happened to him. Anyway, 430 not all of our graduating students go on to have their names in lights, but we do have a large number 431 of them who wind up having music involved in their professional and personal lives. 432 433 5. I realize that the students call me a tyrant. I admit that I am a strict taskmaster with the 434 students, but this is entirely for their own good. I have been teaching music and marching band for 435 nearly 27 years now. I used to be a pushover, but then I realized that didn’t help anyone. The 436 students who really wanted to be in the band were not able to get a full experience because of a few 437 bad apples in the group. Over the years I have developed a regimen which helps to weed out those 438 who are not really committed to the marching band as an entity in and of itself. 439 440

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6. First, we have open tryouts each and every year in late June for the fall marching band season. 441 Having been in the marching band (or even having been the section leader) the previous year is not a 442 guarantee that any student will be in the marching band the next year. I have found that requiring 443 the students to try out each year prevents the band members from slacking off between the busy 444 football season and the summer tryouts. They have to be the best performers in order to be section 445 leaders just like all musical performances feature the best musical artists as the first chair. We start 446 practicing immediately once the marching band is formed. That usually starts in early July, but the 447 kids adapt to the summer heat pretty quickly. If they can’t hack it in t-shirts and shorts, how are they 448 going to be able to handle it in the polyester uniforms they wear for each performance? 449 450 7. Second, I require the students to comply with a set of band rules which are prominently on 451 display on the wall in the band’s room. Some of the students have referred to these as “Sosa’s Rules 452 of Order”. I really don’t mind that. What makes this program successful is the success of each 453 student. Without order, you have chaos. Chaos does not go to Pasadena or get a scholarship. Every 454 member of the marching band has to sign a copy of the band’s rules as a prerequisite to being in the 455 marching band. Any student who fails to comply with these rules can choose between having a 456 privilege revoked or having to endure a punishment; this, too, is part of the system. All students are 457 well aware of the punishment aspect of an infraction. They have to run laps around the track for 458 varying lengths of time, depending upon how many times they have failed to comply with the band 459 rules in the season. There should be no surprises. 460 461 8. Third, I adhere to these band rules and require that the students do, too. Yes, there are the 462 occasional missteps and I have been known to show leniency to a student or two in a special 463 situation. However, I do not feel that Santana Perea fits into that category. She/he seems to have no 464 ability to arrive at practice on time. Santana refuses to wear a watch, uses her/his phone for the 465 time, but then uses it so much to text and talk on the phone that it runs out of a charge. I have tried 466 nearly everything with this kid. We even have a back-up trumpet player to fill in just in case Santana 467 is ever late to a performance event. Thankfully that has not happened, yet. But, I had to be prepared 468 for anything with that student. 469 470 9. I have on occasion provided private and semi-private lessons to students who want to improve 471 their skills. I provide these lessons over the weekends and weekdays during the early summer. It 472 helps to keep me sharp and keep the students sharp. Yes, I have given private lessons to Kris. She/he 473 is committed to the trombone and has become a wonderful trombone player. We set these up 474 through e-mails since that seems to be the easiest way to get a hold of her/him during the day if 475 needed. That whole trombone section has really come along over these past few years under Kris’s 476 leadership. It is not true that I have showed favoritism towards Kris. All of the students in this 477 prestigious program are treated equally. 478

479 10. I know the kids think I get bonuses for every high-profile thing the band does. I wish! All I get 480 are the free trips to NY and Pasadena and the satisfaction of kids getting scholarships are free trips 481 and the pride that another one of my protégées did well for themselves. If I got bonuses, do you 482

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think I’d still be driving a car that is nothing compared to what half the students drive to school every 483 day? 484 485 11. I had been contacted by Frances Schneider, who is the new appointee to the UNM’s Band 486 Scholarship Program. Franny said that she would be at our first home football game and would be 487 paying special attention to the trumpets and trombones. What a thrill! First of all, I am a huge fan of 488 the B-52s and to have the lead singer’s sister here to watch us perform is very exciting. Also, this is a 489 major opportunity for some of these very talented students. 490 491 12. I spoke with the students the Monday after getting Franny’s call and attempted to instill in them 492 the importance of our practices being just like an actual performance. I then singled out the seniors 493 to make sure that they understood what was at stake with this visit. I instituted a zero tolerance rule 494 for lateness for the rest of our practices up until the big event! I find that most teenagers are fully 495 capable of arriving on time for classes during the day, so why should they not be able to tear 496 themselves away from their handheld games, constant texting, and checking their Fritter accounts? I 497 have found that if I give the students the choice, some will go with the carrot of reward and others 498 prefer the deterrent of punishment. 499 500 13. Yes, I’ve talked to Kris about the UNM scholarship as well; why wouldn’t I? I’m her/his band 501 director and all I want for my kids is for them to succeed. I may have given Kris some pointers or tips 502 to help her/his performance, but it’s no more than I would have done for any other student that 503 asked. I know Sidney Winthrop is claiming that I guaranteed to Kris that Santana wouldn’t play that 504 Friday night. It’s not fair and I have no idea what someone else is going to decide. I have good 505 feelings about Kris’ future; I have been doing this for many years. I felt Kris had as a good a shot as 506 any, but I never guaranteed anything to her/him. What I was trying to say was that we could 507 probably count on Perea being late several times that week and I would be forced to pull her/him out 508 of the performance. It wasn’t something I would want to do, but I have to enforce the rules. But in 509 what I said to Kris, I didn’t say it very eloquently; I could have said it differently and not given the 510 impression of a guarantee. What I should have said is “I bet she/he screws up and won’t be able to 511 play Friday.” Look, if the Vice President can have an occasional slip of the tongue and not be taken 512 literally, what’s the difference with this? 513 514 14. I reiterated to the students that since each individual performer is part of a cohesive whole, it is 515 essential for students to be on time for their performances. After all, you cannot perform without 516 each and every participant. Being in a marching band is extremely intricate. Students must march in 517 a specified direction for a set period of time to their mark, which may simply be the green of the field 518 and not an actual mark on the field. The ability to weave in and out of the lines of students takes a 519 great deal of practice and concentration. Then there was the added difficulty that we were practicing 520 on the parking lot, since the football team was on the field, so the students have to pay special 521 attention and be at their best to remember how many steps and in what direction. Add to that 522 carrying an instrument while playing it! I really respect the hard work and dedication that these 523 students exhibit in their performances. But, merely being a great instrument player is not enough to 524 cut it in this program. 525

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526 15. The event of August 25, 2015 is most unfortunate. We had played at the New Mexico Dome the 527 Saturday before in the Brian Urlacher Classic against Grant County. It was a good, close game and it 528 felt good to beat the 4-time and reigning state champions to start the season. Well, Santana Perea 529 showed up about 30 minutes late for the Tuesday evening practice before the first Friday night home 530 game. All of the other students were marching through the big half-time number. I must say that I 531 was seeing red. All of the students knew the risk of being late for these practices up until the big 532 game on Friday. I don’t understand why Santana continuously thinks that she/he is better than the 533 other students and cannot arrive on time. I gave Santana the choice between sitting out of the game 534 or running laps. Of course, she/he chose to run the laps. Maybe if Santana had run to practice 535 she/he would have been on time! I was so steamed that I told Santana was to run laps around the 536 track until I said to stop. 537 538 16. I was disappointed with how Santana took the punishment, however. She/he deliberately “ran” 539 at a snail’s pace around the track. I felt that she/he was mocking me and the band rule of not being 540 late to practice. I was disgusted and frustrated with the display that Santana was putting on, so I 541 turned my entire attention to the marching band. About 20 minutes after Perea finally made it out to 542 the track, Alex Ramirez, the athletic trainer, sent me a text that practice had to stop because the heat 543 index reading was too high. So, I cut the band’s music, announced that we had to head in over the 544 wireless bullhorn system, and made the “let’s move” signal with my right hand in the air telling 545 everyone that we all needed to head inside. I did not make eye contact with Santana, but I figured 546 she/he either heard my announcement or would see us all head inside and follow us. I don’t know 547 why Santana ran an extra ten minutes and didn’t come inside when I told her/him to. I am really torn 548 up about what happened on that day, but it was not my fault! 549 550

WITNESS ADDENDUM 551

I have reviewed this statement, previously made by me, and I have nothing of significance to add at 552 this time. The material facts are true and correct. 553 554 Signed, 555 556 __________________________ 557 Jaime Sosa 558 559 SIGNED AND SWORN to me before 8:00 a.m. on the day of this round of the 2016 New Mexico High 560 School Mock Trial Competition. 561 562 ______________________________ 563 C.M. McCormack, Notary Public 564 565

/S/

/S/

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STATEMENT OF KRIS MILLER 1. My name is Kris Miller. This year, I am a senior at Rye High School; next year, I will be a freshman 566 at the UNM, thanks to the marching band scholarship I earned fair and square. Santana Perea and I 567 were the main competitors for the scholarship – you might say we were the only competitors -- and I 568 won the August face-off during the halftime show against Carley County. I know there are rumblings 569 that I won it mostly by default, but I would’ve won, anyway, even if Perea had been in full flourish. 570 571 2. I’ve been an Albuquerque resident all my life, and mine was a “tiger mother” before they’d ever 572 coined the phrase. It should come as no surprise that I’ve known Jaime Sosa –“the Chief,” sometimes 573 “The Marcher Lord” (which is perhaps apt in view of the continual feuding along the border between 574 our trumpet and trombone sections) – all my life here. The trombone was an obvious choice for me, 575 and I’ve never switched. As the musically “precocious one,” I’ve been Sosa’s student (privately, then 576 in high school) all the way, so I guess I’m inured, maybe psychologically immune –at least, 577 inoculated– to some of the harsher standards in Sosa Rules. Let’s just say that being under Sosa’s 578 tutelage is an acquired taste. In the end you do what you have to do to be the best...or you play 579 dinner music for tips during the all-you-can-eat over at Rieke’s (Rag-time) Roadhouse Resort. 580 581 3. Yes, Sosa must have recognized Santana’s talent or she/he wouldn’t have made it to lead the 582 trumpets in only two years here. There is, after all, more to leadership than technical proficiency, and 583 more to proficiency than raw talent. This is precisely why I know I would’ve impressed Ms. Schneider 584 most, no matter what Perea’s performance level had been, that first home-game half-time. We all 585 work very hard, including Sidney Winthrop. In fact, I’d say Jaime Sosa cut Santana a break to give 586 her/him First Trumpet on “pure” try-outs, in spite of Perea showing poor leadership qualities...like 587 running late wa-a-y too often! Impatient audiences won’t wait, and the show must go on...precisely. 588 589 4. So Perea was late to practice (again), just when it counted. I don’t really doubt that she/he was 590 in a rush and didn’t prepare properly; in a hurry, she/he hadn’t “pre-hydrated” on the way to 591 practice. On a hot day like that day, everybody knows to drink plenty of fluids before practice 592 because you will sweat it out by the end of practice, especially after a few hours on a hot black-593 topped parking lot. Feeling a little peckish myself, I myself had “cheated” by taking a little of the 594 football team’s Gatorade when I knew Jaime Sosa wasn’t looking (which comes from having 595 developed keen instincts over time about that). 596 597 5. Perea saunters up, full of excuses. But Sosa apparently had made her/his mind up about the 598 adequate punishment for the offense. I thought Sosa was being kind when she/he gave Perea the 599 choice of punishment. Everybody in the band knows the score (if you’ll forgive a bad pun), and it was 600 no mystery that Santana chose to run laps rather than sit out the “audition” half-time. It was a bigger 601 mystery that she/he couldn’t (at least that day, as we were setting the tone for the entire season) 602 take the laps in a better style. Good attitude is an important part of leadership, and Perea was 603 “doggin’ it” (no pun intended). I can only conjecture she/he was caught in some passive-aggressive 604 notion about “showing” the director, but Sosa was too focused on practice to be shown up by such 605

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adolescent sulk. Have I been late for practice before? Sure, on occasion in my early days as a “frosh.” 606 This school year I had only been late once, and that was because of some extra assignments Sosa 607 gave me to do before practice. I suppose I wasn’t punished because Sosa knew where I was and what 608 I was doing. 609 610 6. We were on our third run-through of a new element we’re trying to coordinate, so it must’ve 611 been about an hour into practice – I looked at my wristwatch a little later ("about five o’clock”), as I 612 was blowing out my instrument – when I noticed the football team was headed into the locker room 613 (I had hoped for another swig of Gatorade if Sosa would only look the other way). Summers in 614 Albuquerque can be brutal, so everybody knows what the heat index means (which is why, I suppose, 615 the band director is adamant that what practice time we do have must be used efficiently), and I 616 could see the football coaches start to collect all their sidelines gear – the left-over Gatorade, the 617 cardboard flip-charts, the first aid kit, those dummies they tackle, etc. – and load the manager’s cart 618 as the athletes began jogging towards the field house. The football team was almost completely in 619 the field house when Sosa waved for us to head inside. Then I heard Sosa’s voice on the bullhorn 620 directing us inside for the rest of the day. I’m responsible for my trombones, of course, and Winthrop 621 had the trumpet section moving, too. I guess we all supposed Santana Perea was “doggin’ it” behind 622 us; she/he had more ground to cover back to the band room. Once inside, I didn’t notice her/his 623 absence. 624 625 7. The first time I noticed something was wrong was when the custodian came by the open 626 doorway to get Ms./Mr. Ramirez, the first aid kit and her/his cart. They were gone for about 10 627 minutes and then I saw Ms./Mr. Ramirez run back to tell Ms./Mr. Sosa that one of the band kids had 628 collapsed on the track and to call 911. Ms./Mr. Sosa had already phoned for the paramedics rather 629 than wait for the athletic trainer do it (since the director is a “take-charge” person and had the phone 630 right in her/his pocket), so the ambulance wasn’t long. 631 632 8. The very next day, the grapevine told us everything before Ms./Mr. Sosa was able to do so. 633 Santana was okay, Santana was back, but she/he’d ruined her/his lip fainting on the track. To be 634 sure, playing brass with stitches is a handicap, but I know I would’ve gotten the Schneider prize, flyin’, 635 in any case: I got it fair... and just a trifle to spare! That’s what I saw, and that’s all I know. 636 637 9. Sosa has been instrumental in getting me this far, and now making my dream come true. This 638 will be a crowning achievement for both of us. She/he was very confident I was going to win. She/he 639 couldn’t almost speak she/he was so excited. No, she/he never guaranteed me anything about the 640 scholarship. I know it was all up to me and my talents that got it for me. I’m sure she/he told Perea 641 about it but there’s no chance Santana had a chance at this. Sosa said I was meant for this and I was 642 going to win. I saw someone lurking around the band room when Sosa talked to me about the letter. 643 I think it was Jones, the custodian. It’s just so creepy…always hanging around like she/he is trying to 644 listen in on everyone’s business. Maybe if she/he was doing her/his job instead of snooping on 645 everyone else, that water fountain by the track would have been working properly and maybe Perea 646 wouldn’t have had her/his dramatic falling out over having to run a few laps. 647

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648 10. Now, several months after the fact, people are throwing some innocent emails in my face and 649 trying to make a mountain out of a molehill. Yes, Sosa and I emailed back and forth – it is what 650 private tutors and students do to keep in touch. I was grateful for the information about the UNM 651 scout, but all that did was harden my resolve to practice even more in anticipation of the opening 652 game. To suggest that Sosa tried to sabotage Perea’s chances at that scholarship is ludicrous. The 653 only one who sabotaged Perea’s chances is Perea. If you can’t take the New Mexico heat, get out of 654 the band. 655 656

WITNESS ADDENDUM 657

I have reviewed this statement, previously made by me, and I have nothing of significance to add at 658 this time. The material facts are true and correct. 659 660 Signed, 661 662 __________________________ 663 Kris Miller 664 665 SIGNED AND SWORN to me before 8:00 a.m. on the day of this round of the 2016 New Mexico High 666 School Mock Trial Competition. 667 668 ______________________________ 669 C.M. McCormack, Notary Public 670 671

/S/

/S/

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STATEMENT OF BAILEY JONES 1. My name is Bailey Jones. I am 40 years old and I have been a custodian at Rye High School for 672 the last six years. I was hired by Vice Principal Richard Vernon. You may ask, "How does one become 673 a janitor?" in case you are interested in pursuing a career in the custodial arts. Admittedly, students 674 do not hold the janitor in high regard. These kids think I'm just some untouchable peasant…a peon. 675 Maybe so, but following a broom around after students like these for the past six years I've learned a 676 couple of things. I look through their letters, I look through their lockers. I listen to their 677 conversations, they don't know that, but I do. I am the eyes and ears of this institution, my friends! 678 679 2. Before getting the job at Rye High School, I served in the Army from 1997 until 2005. I was 680 trained and served as a combat medic, most recently in Iraq while attached to the 3rd Infantry 681 Division. I chose this particular calling because I majored in physiology in college. A combat medic 682 isn’t just someone who carries band-aids – it is actually an official job within the U.S. Army with a 683 Military Occupation Specialty listing. We are not nurses or physicians, but we are health care 684 specialists trained to give basic medical treatment and take care of soldiers in emergency situations. 685 If the situation called for it, I would perform emergency medical treatment in the field. I had a total 686 of 25 weeks of specialized training where I learned how to recognize and diagnose common issues 687 and stabilize them (triage), as well as extensive field training where I performed during simulated 688 combat situations. 689 690 3. I left the Army in 2005 with a general discharge for what they called a “considerable departure in 691 duty performance and conduct expected of military members.” That’s what they called it when I told 692 a second lieutenant what I heard the sergeant major of my unit saying about him. How was I 693 supposed to help overhearing him talking in the mess? Sergeant major was none too pleased about it 694 all and made it his mission to get me out. I guess I should have known better, after being knocked 695 down to a Specialist from a Sergeant myself by the sergeant major, but still…you should pay attention 696 to who’s around before you go spouting off about the fine family lineage of your second lieutenant. 697 Anyways, I got drummed out with a general discharge and had a hard time getting hired on by 698 hospitals or fire departments because of it and got hooked up with Rye High School by a family friend. 699 It’s not what I thought I’d be doing after the military, but it’s a paycheck. I may just be pushing a 700 broom around after these kids, but at least it’s a paycheck… 701 702 4. The next time you see a custodian wearing ear buds while working, do not assume that she/he is 703 listening to an iPod. It might very well be an amplified listening device. Anyway, I was sweeping a 704 hallway at the beginning of the school year when I heard Sidney Winthrop chatting with someone by 705 their lockers. There they were, thick as thieves, and laughing about Jaime Sosa -- specifically how lax 706 Sosa was when it came to enforcing the infamous “Sosa’s Rule of Order,” especially on the favored 707 students. Winthrop said something to the other person about not repeating “the same mistakes as 708 last year.” The other person said something about it didn’t matter because that person “got the job 709 done.” 710 711

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5. On the Thursday before Perea fell out, I saw Sosa and that snotty kid Kris Miller talking by the 712 band room. I was “working” on a locker nearby and was able to hear what they were talking about. 713 Sosa was all excited about some letter she/he got in the mail that day. She/he couldn’t wait to show 714 it to Miller and said it was about some scholarship to UNM for the marching band and that someone 715 was coming out to watch the band next Friday night at the first home game against Grant County. 716 Sosa just about shoved the letter in Miller’s hand showing her/him the details and said, “You are a 717 shoe-in for this, Kris!” Miller asked “Why?” And they went back and forth like this: Sosa: “Because I 718 have trained you your whole life for this. You are going to win this scholarship. This is perfect for 719 us!” Miller: “Us?” Sosa: “You and I have been working together for just this thing for as long as we 720 have known each other. This is a legacy moment for both of us. Don’t worry, Kris. You just got a 721 scholarship! Guaranteed!” Miller: “How do you know I’m going to be chosen?” Sosa: “Stop 722 worrying about it…I’ve got it all planned out…” and then they walked into the band room out of 723 earshot. A few minutes later, Miller came out of the room and walked away quickly but seemed 724 pretty happy about the whole thing. I think she/he was whistling Glory, Glory or something like that… 725

726 6. Then, on Tuesday, August 25, 2015, around 5:00 p.m., I was doing some touch up painting 727 outside the school building which is up the hill from the parking lot and the football field. While I was 728 working, I could clearly see the football team practicing down on the field and the marching band 729 practicing in the parking lot behind the visitor’s stands. It was hot that day, a real scorcher, and I had 730 to stop every few minutes to wipe the sweat from my brow and to get a drink from the water jug I 731 had with me. I also saw Ramirez, the school's Athletic Trainer, taking the readings with the Ambient 732 Weather monitor, which measures the heat index. The county and state have a well-known policy 733 that when the heat index readings reach a certain level, all outdoor activities have to be suspended 734 and practice is moved inside. 735 736 7. Apparently, we reached that level because I paused and looked up from my work when I heard 737 the football coaches blowing whistles and yelling that they needed to move inside. When the football 738 team was almost completely in the locker room, I heard Jaime Sosa, the Band Director, announce 739 over the bullhorn for the marching band to move inside into the Band Room. I went back to my work, 740 but when I looked up again a few minutes later, I noticed one student slowly jogging, well staggering 741 really, around the track. The kid seemed oblivious to the fact that the football team and band had 742 left. I called out to her/him, but she/he was too far away to hear me. 743 744 8. I put down my paint brush and went inside the locker room to find Ramirez to tell her/him that 745 someone was still outside running around the track. It had been about ten minutes after the football 746 team started moving inside by the time I found Ramirez. Ramirez seemed alarmed by this news, and 747 she/he grabbed her/his first aid kit and told me to come with her/him. We jumped in Ramirez's cart 748 and rode out to the track. We were both shocked to find that the student was no longer running, but 749 had collapsed face down on the track. We reached the student, whom I now know to be Santana 750 Perea. Santana was incoherent and her/his mouth was busted open pretty bad, blood all over her/his 751 chin and on the track. Her/his skin was dry and her/his heart was racing. If I had a nickel for every 752 time I saw this in Iraq – it was classic heat stroke. Ramirez asked me to help get Santana onto the cart 753 so that we could get her/him out of the heat and begin to administer first aid. Ramirez drove the cart 754

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as fast as it would go back to the locker room and I helped Ramirez carry Santana inside. Santana 755 kept mumbling incoherent things like "Rags! Come back, don't fly away!" and something that 756 sounded like “won’t go in” or “won’t go on.” It was really hard to tell. 757 758 9. As Ramirez administered first aid, she/he told me to go run and tell Ms./Mr. Sosa that one of the 759 band students had collapsed on the track. When I got there, Ms./Mr. Sosa said they had seen me and 760 Ramirez carrying Santana in and that she/he had already called for the Paramedics. Ms./Mr. Sosa 761 seemed very shaken by the whole incident. At some point, Ms./Mr. Sosa said to me "Bailey, you 762 think about this: When you get old, these kids – when I get old – they're going to be running the 763 Country. Now this is the thought that wakes me up in the middle of the night. That when I get older, 764 these kids are going to take care of me." I didn't say anything, but I thought to myself, "I wouldn't 765 count on it." Ramirez, on the other hand, was very upset with Sosa. She/he didn’t say anything, but 766 if looks could kill, the paramedics would have had two people to take to the hospital that day. It’s 767 pretty well known that Ramirez and Sosa do not get along, but it looked like it was all Ramirez could 768 do to keep from taking a swing at Sosa. 769 770 10. Then, the Paramedics arrived and took over administering first aid to Santana from Ramirez. The 771 Paramedics put Santana into an ambulance and took her/him to Presbyterian Hospital’s Emergency 772 Room. I later heard that the doctor said Perea had a heat stroke (as I diagnosed on the field, just like 773 the old days) and that it took 10 stitches to sew up her/his bottom lip. Also, I understand that 774 Santana is a promising trumpet player. Guess you can't play the trumpet with a bottom lip that looks 775 like a baseball though. 776 777 11. I know people are asking why I didn’t go right to Santana to help her/him instead of running all 778 the way to the field house. I was up by the school. I could see Santana jogging on the track, but 779 there’s not any gate on that end of the track. I had to run all the way down by the ticket gate to get 780 in to the field. At that point, I was right by the field house where the trainer was. Plus, what was I 781 gonna do when I got to her/him? Sure, I could have checked her/him out, but I couldn’t move ‘em 782 without any help. Ramirez was inside, all the way at the other end of the field from where Santana 783 was. Santana was alone on the track. No one could have heard me yell for help all the way down 784 there. Plus, that’s where the cart was we’d need to carry her/him inside. So, I got Ramirez and we 785 jumped in the cart and drove out there as fast as we could. I did my best and she/he’s alright now, 786 isn’t she/he? 787

788 12. Then, in October, I overheard another conversation that was really interesting. Word had spread 789 all around the school that Perea was going to sue Sosa. While emptying some trash cans, I saw 790 Winthrop talking to Perea. Perea was saying that she/he had talked to a lawyer and they had an 791 airtight case that was going to make Perea very rich. Perea said it was ironic that Sosa cost her/him 792 the scholarship, but is now going to “pay for my full ride.” It all started coming back to me – after 793 learning who Perea was only when she/he went down on the field, and now seeing Perea and 794 Winthrop, it must have been Perea I saw talking to Winthrop outside the lockers at the beginning of 795 the year. Either that, or Perea has a twin who hates Sosa just as much. 796 797

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798 WITNESS ADDENDUM 799

I have reviewed this statement, previously made by me, and I have nothing of significance to add at 800 this time. The material facts are true and correct. 801 802 Signed, 803 804 __________________________ 805 Bailey Jones 806 807 SIGNED AND SWORN to me before 8:00 a.m. on the day of this round of the 2016 New Mexico High 808 School Mock Trial Competition. 809 810 ______________________________ 811 C.M. McCormack, Notary Public 812 813

/S/

/S/

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Rye High School Marching Mustangs

Student Policy Handbook Rehearsal Procedures

Rehearsal time is short and every moment is used for actual rehearsal purposes. If a student delays the rehearsal for as little as one minute, that student has wasted a great deal of time because every other member of the band has also been forced to waste one minute.

The following guidelines are used in all fine performing arts organizations and are the foundation of our rehearsal procedure:

1. If one is late, all must wait! Remember the attendance policy (outlined below)

2. Band members should bring the following items to all rehearsals:

a. instrument b. all music and/or charts c. reeds, mutes, oils, cork grease, etc. d. pencil! e. water bottle – hydrate, hydrate, hydrate!!!

3. Upon arrival to the practice field, all non-productive attitudes and behavior will cease. Once in

rehearsal, students’ main focus needs to be on having a productive rehearsal. This means that loud talking will end after admittance.

4. All personal belongings are to be left by the director’s stand upon entering the practice lot.

5. Band members should spend the pre-rehearsal time assembling their equipment (instrument, music,

stand, etc.) necessary for rehearsal.

6. When someone is on the podium, students’ full attention must be given to that person; nothing should be allowed to distract. Students must be quiet, listen, and watch.

7. Chewing gum prevents a student from playing correctly and poses a safety risk. Chewing gum,

candy, or the presence of any other food item will not be allowed in any part of the rehearsal room. Being caught with food or drink items indicates that a student does not care about the facility or for other band members. The resulting disciplinary action will be at the discretion of the band director.

8. The rehearsal room must be kept clean and orderly. It should emit a sense of pride. Students should

store their instruments and music in assigned places. The rehearsal room is not a locker room. Books

EXHIBIT 1

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and other personal belongings are not to be left in the rehearsal room or the instrument storage room.

9. Physical fitness is a must! We will be practicing and marching in hot, humid conditions, especially at the beginning of the season. Practices after school are typically 2-3 hours. Saturday practices (held during away-game weekends) will typically last from 9 am to 8 pm. In addition to the practices, we will be marching in parades that can stretch for more than 5 miles and take several hours to complete. Students are required to stay in good physical condition in order to be able to participate in rehearsals, games and parades.

SUPERIOR BANDS ARE THE RESULT OF SUPERIOR REHEARSALS! Marching Band Attendance Policy

Full attendance to every rehearsal and performance is crucial to having an outstanding, rewarding season. Since this is an extracurricular activity, students and parents/guardians must bear in mind that membership to the ensemble is contingent upon each student’s individual effort to maintain a high level of excellence during rehearsals and performances.

Attendance is vital to the success of any band. As a member of the band program, each student occupies an important part and space in each band function. Every band member is expected to attend all major functions by his/her organization. These functions include rehearsals, concerts, adjudicated festivals, scheduled football games, and parades.

Please note the following quote from the New Mexico Music News, SPRING 2004:

“It is permissible under state law to include after-school activities as part of a student’s grade as long as membership is not determined competitively.”

If an absence is absolutely necessary, the student must contact a director in advance. If an absence occurs due to an unexpected circumstance, the student must bring a written excuse to the directors upon returning to the band. In both expected and unexpected absence situations, excuses are to be signed by the parent.

The attendance policy is as follows:

Excused Absences • Absences will be monitored by the section leaders and recorded by the band secretary and director.

Excused absences from rehearsals include personal illness (accompanied by a parent/guardian or doctor’s note), sudden death in the immediate family, and Rye High School-related events only. Excused absences from performances only include personal illness (doctor’s note required) and sudden death in the immediate family. Unexcused absences include every other reason, such as work, transportation problems, stomachache, headache, etc.

• If a student is going to miss a rehearsal or performance, and he/she knows ahead of time, it is the student’s responsibility to fill out a “Request for Excused Absence” form at least 2 weeks in advance and turn it into the band director.

• If a student is sick (vomiting or running a high temperature) or has a death in the family, then a parent/guardian MUST attempt to contact the band director on the date of the absence. The student must also fill out a Request for Excused Absence report and attach a note from a parent/guardian and/or doctor and turn it in to the band director on the date that he/she returns to school.

• Request forms are found on the web site: www.marchingMustangs.org in the “Important Band Forms” section of the website or in the band room.

Contact Information:

− Band Director – Jaime Sosa – Jaime.sosa@Rye.edu – 505-555-1222 − Band Booster President – Austin Miller – amiller@yahoo.com

Tardies • If anyone is late, all must wait!

Attendance will be taken by the section leaders and recorded by the band secretary. Anyone not

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present at the conclusion of attendance-taking will be counted tardy. All members tardy on any given day will be responsible for staying after the conclusion of the rehearsal to assist the directors, staff, and other students in clearing the field, cleaning the field, or removal of equipment. Any student who accumulates 4 tardies will not be allowed to perform at the next performance. The offending student will dress out, travel, and will be required to sit with the director or a designated parent for the duration of the event. Any tardies beyond 4 will result in the same punishment and possible dismissal from the ensemble.

Unexcused Absences • If the student has one unexcused absence, then he/she will have to remain in the Marching Band

section of the stands during the 3rd quarter break at the next football game. • If the student has two unexcused absences, then he/she will have to dress out and sit with the

Director or parent that the director designates on the bus and in the stands. The student WILL NOT perform for that game.

• If the student has three unexcused absences, then the director reserves the right to dismiss the student from the band.

CONSEQUENCES

Listed below are some consequences that students may incur due to failing to follow the procedures and policies listed in the Band Organizations/Course Offerings that they received on the first day of school.

• Push ups

• Run laps around track during and/or after practice

• Stay and clean up field

• Stay and clean up band room

• Lose 3rd quarter break

• Lose right to perform

• Do what was missed (i.e. If they are late 15 minutes and they missed playing music, then the student shall stay and play music for 15 minutes. If they missed drill, then they stay and makeup drill, etc.)

• Any disciplinary action deemed appropriate by the directors and/or staff members

Withdrawal/Dismissal from Marching Band Withdrawal from the marching band creates a hardship for the entire band. Students who withdraw in mid-season will forfeit all rights and privileges as band members and may be prohibited from signing up for band or band events in the future. After all other courses of action have been pursued, the directors reserve the right to dismiss any person from the band who constantly fails to meet the expectations of the Rye High School Band program.

Extra Rehearsals and Public Performances Due to the complex nature of a quality band program, rehearsals outside of class time are necessary. Generally, such rehearsals will be scheduled well in advance so that all conflicts can be avoided. All rehearsals are required. Most of the performances of the band are scheduled outside of school hours and are required. At times, last minute rehearsals or performances may arise. The director will announce any changes in the calendar as soon as possible. If there is a conflict on a sudden event, then an arrangement will be worked out by the student and the director.

Individual Practice It is the responsibility of each band member to practice his/her individual music outside of band rehearsal time. Individual practice time should be spent on music, scales, and etudes assigned by the directors or private instructor. Practicing assures that the student is strengthening fundamental skills and learning assigned music. Furthermore, the individual improvement will directly affect the overall improvement, abilities, and success of the entire band.

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Students are strongly encouraged to take lessons with a qualified private instructor. Students will increase their rate of improvement and success on their instrument by a notable margin. To obtain a private instructor, e-mail Mr. Sosa at Jaime.sosa@Rye.edu.

Rye High School Marching Mustangs

2015-2016 Schedule All practices will take place on the lower parking lot behind the visitor’s stands unless otherwise noted. Members are expected to check in with their section leader at least 5 minutes before the stated practice time. School year practice schedule: − Monday ......... Sections: 3:00 – 4:00 − Tuesday ........ 4:00 – 7:30 − Wednesday ... 3:00 – 5:00

− Thursday ....... 4:00 – 7:30 (walkthrough) − Saturday ........ See schedule below

Members are expected to check in with their section leader at the stated times below for games, parades and other events. Game check-in will occur in the band room.

Date Time Event

July 14 – 21, 2015 See Band Camp Schedule Band Camp, UNM

July 23 - 27 9:00 am – 4:00 pm Band Camp, RHS

Sat, Aug 1 4:00 – 6:00 pm First school year practice (start schedule above)

Mon, Aug 24 5:00 pm – 6:30 pm “Dress” Rehearsal (band t-shirts, no uniforms)

Sat, Aug 22 4:30 pm Brian Urlacher Classic: Grant County

Aug 28 6:00 pm Carley County HS (H)

Mon, Sept 7 7:30 am – 2:30 pm Albuquerque Labor Day Parade

Sept 9 5:30 pm Curry County HS (A)

Sept 14 5:30 pm Las Cruces HS (A)

Sat, Sept 19 9:00 am – 8:00 pm Band Practice

Sept 28 6:00 pm Cibola County HS (H)

Oct 5 5:00 pm Otero County HS (A)

Oct 12 6:00 pm New Mexico Prep Academy (H)

Sat, Oct 17 9:00 am – 8:00 pm Band Practice

Oct 26 6:00 pm Mora HS (H) – Homecoming

Sat, Oct 31 7:00 am – 8:30 pm Bands of America Super Regional (New Mexico Dome, Santa Fe)

Nov 2 5:30 pm St. Marys Catholic HS (A)

Nov 9 6:00 pm Quay County HS (H) – Senior Night

Mon, Nov 16 6:30 am – 5:00 pm Veteran’s Day Parade (Albuquerque, NM)

Nov 22-28 See Travel Schedule Macy’s Thanksgiving Day Parade (New York City, NY)

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Rye High School Marching Mustangs

Policy Acknowledgement Form

Student Name ________________________________________________ Section ___________________________

I, the undersigned, hereby acknowledge that I have received, reviewed and do agree to all of the policies set forth in the Rye High School Marching Mustangs Band Policy Handbook.

I understand it is my duty to uphold the rules and regulations of the Marching Mustangs and that my

participation with the Marching Mustangs is voluntary and can be terminated at any time by myself or the band director.

I understand what is expected of me as a member of the Marching Mustangs and accept the

consequences outlined in the Policy Handbook. ____________________________________________ ____________ Student Date ____________________________________________ ____________ Parent Date ____________________________________________ ____________ Jaime Sosa, Band Director Date RHS Marching Mustangs

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From: Jaime Sosa Sent: Friday, August 21, 2015 1:25 PM To: Frances Schneider Subject: Re: UNM Lobo Scholarship Letter Ms Schneider, I apologize if my earlier e-mail came across as trying to sway your opinions of the students. As you pointed out, there are a few others that have some talent that may fit the Lobos, but once we take the field, I truly believe you will be most impressed by our trombone (and other brass) section. See you Friday evening! Jaime Sosa Director, Rye High School Mustangs Marching Band I have always believed that 98% of a student's progress is due to his own efforts, and 2% to his teacher. - John Philip Sousa From: Frances Schneider Sent: Friday, August 21, 2015 10:15 AM To: Jaime Sosa Subject: Re: UNM Lobo Scholarship Letter Dear Jaime, Thank you for your warm invitation to visit the band facilities this Friday before the performance. I would love to. I should be at RHS at about 4:30; would this give us enough time so as to not interfere with your band’s preparations? As to your trombone section leader, I appreciate the glowing endorsement of Mr./Ms. Miller. However, I am coming to view the entire program and pick out the best possible candidate for the scholarship. It would seem inappropriate for a director to play favorites for a scholarship that is open to the best of the entire senior class. I am sure I will notice Mr./Ms. Miller Friday night, as well as the other wonderful leaders and performers you have so aptly trained. I would hate to see the progress of a scholarship derailed due to the unnecessary involvement of someone in your position. I look forward to meeting you and the Marching Mustangs Friday evening! Frances Schneider Director of Band Scholarship and Academic Progress University of New Mexico Lobo Marching Band

EXHIBIT 2

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From: Jaime Sosa Sent: Thursday, August 20, 2015 2:17 PM To: Frances Schneider Subject: UNM Lobo Scholarship Letter Dear Ms. Schneider, I just received your letter regarding the scholarship opportunity for the UNM marching band possibly being offered to one of the Rye High School Marching Mustangs. I am very excited that the UNM Lobo Marching Band has taken notice of our humble operations here in Bernalillo County! First of all, thank you for this wonderful opportunity for our students. They will be very excited to hear that you will be attending our game against Carley County High School on Friday to see the band in action and possibly choose a senior to win the scholarship. While I know that you are looking for the very best among our fine performers, I wanted to especially point out our trombone section leader, Kris Miller. Kris is a perfect example of what the Marching Mustangs are all about. Kris is a great section leader, a perfect example for the rest of the band, and would be a great addition to the Lobos next fall. I have personally worked with Kris for several years on honing his/her music skills and helping develop the natural talent KRIS possesses. I would take it as a personal honor to have Kris join the UNM Lobo Marching Band! I have already reserved a parking spot in the lower parking lot near the stadium gates for you on Friday. I would love to show you our music facilities and introduce you to the band before the game. Please let me know what I can do to make your visit to RHS more memorable! Sincerely, Jaime Sosa Director, Rye High School Mustangs Marching Band I have always believed that 98% of a student's progress is due to his own efforts, and 2% to his teacher. - John Philip Sousa

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From: Kris Miller Sent: Friday, August 21, 2015 2:17 PM To: Jaime Sosa Subject: RE: Friday’s Practice Whatever you say. Mum’s the word. From: Jaime Sosa Sent: Friday, August 21, 2015 1:45 PM To: Kris Miller Subject: RE: Friday’s Practice Kris, stop worrying! You are perfect for this and a lock on it. It’s guaranteed! I’ll let the other students know about the scholarship and Mrs. Schneider’s visit Monday right before practice starts. Really, don’t worry about Santana Perea, you will have no competition for this. Don’t say anything to anyone about the scholarship. I want everyone to focus on our performance at the Dome and this could be a huge distraction. JS From: Kris Miller Sent: Friday, August 21, 2015 12:17 PM To: Jaime Sosa Subject: RE: Friday’s Practice Thanks. And thanks for the heads up with the UNM scholarship yesterday afternoon. It would be a dream come true to be in the Lobos. I know you said not to worry about it when we talked, but I’m still a bit nervous about Perea stealing my spotlight. From: Jaime Sosa Sent: Friday, August 21, 2015 11:17 AM To: Kris Miller Subject: RE: Friday’s Practice Never a problem, Kris, but you should not miss very many more this month, especially next week. Of anyone, you need the least practice among this whole group. Debbie Laytor can cover your section again. JS From: Kris Miller Sent: Thursday, August 20, 2015 11:45 PM To: Jaime Sosa Subject: Friday’s Practice Hello Maestro – I am sorry but I can’t make practice tomorrow; my mom’s car is in the shop and I have to take my little brother to baseball practice and pick up the dog from the groomers.

EXHIBIT 3

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1. BY-LAW 2.67 – “Practice Policy for Heat Index” Schools must follow the statewide policy for conducting practices and voluntary conditioning workouts in all sports during times of high heat and ultraviolet (UV) exposure that will be signed by each head coach at the beginning of each season and distributed to all players and their parents or guardians. The policy shall follow modified guidelines of the American College of Sports Medicine in regard to:

1. The scheduling of practices at various heat/UV levels 2. The ratio of workout time to time allotted for rest and hydration at various heat/UV levels 3. The heat/UV level that will result in practice being terminated

A scientifically approved instrument that measures heat index and UV readings must be utilized at each practice to ensure that the written policy is being followed properly. HEAT INDEX READING ACTIVITY GUIDELINES & REST BREAK GUIDELINES

UNDER 81.0 Level 1 Normal activities --Provide at least three separate rest breaks each hour of minimum duration of 3 minutes each during workout

81.0 -85.9 Level 2 Use discretion for intense or prolonged exercise; watch at-risk players carefully; Provide at least three separate rest breaks each hour of a minimum of four minutes duration each.

86.0 – 88.9 Level 3 Maximum practice time is two hours. For Football: players restricted to helmet, shoulder pads, and shorts during practice. All protective equipment must be removed for conditioning activities. For all sports: Provide at least four separate rest breaks each hour of a minimum of four minutes each

89.0—91.0 Level 4 Maximum length of practice is one hour, no protective equipment may be worn during practice and there may be no conditioning activities. There must be 20 minutes of rest breaks provided during the hour of practice.

OVER 91 Level 5 No outdoor workouts; Cancel exercise; delay practices until a cooler WBGT reading occurs GUIDELINES FOR HYDRATION AND REST BREAKS

1. Rest time should involve both unlimited hydration intake (water or electrolyte drinks) and rest without any activity involved

2. For football, helmets should be removed during rest time 3. The site of the rest time should be a “cooling zone” and not in direct sunlight. 4. When the WS-HE01 reading is over 90:

a. Ice towels and spray bottles filled with ice water should be available at the “cooling zone” to aid the cooling process.

b. Cold immersion tubs must be available for practices for the benefit of any player showing early signs of heat illness.

DEFINITIONS

1. PRACTICE: the period of time that a participant engages in a coach-supervised, school-approved sport or conditioning-related activity. Practices are timed from the time the players report to the field until they leave.

PENALTIES: Schools violating the heat policy shall be fined a minimum of $500.00 and a maximum of $1,000.00.

EXHIBIT 4

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DISCHARGE ORDERS Prebyterian HOSPITAL

Patient: Perea, Santana ACCT#: 258-05511 DOB: 07/07/1998 AGE: 17 SSN: 457-55-5462 Date of Admission: 08/25/2015 17:38 Date of Discharge: 08/26/2015 00:13 Attending: Nick Barker, M.D. DISCHARGE DIAGNOSES

1. Heat exhaustion 2. Laceration on lip 3. Contusions on nose and forehead

HISTORY OF PRESENT ILLNESS

The patient is a 17 year old high school student who was presented with a lacerated lip after passing out while jogging around high school track. Patient briefly lost consciousness and then fell face-first onto track surface, lacerating lip and causing minor abrasions to nose and forehead. Patient was transported from track to indoors by school’s athletic trainer and given water and Gatorade after reviving. Cold compresses were applied to forehead, neck, underarms and chest. Patient was incoherent and disoriented before being transported by athletic trainer.

EMS was called by school and patient was transported to MCMH via ambulance. EMS (Natalie Barker, MCFD EMT #155310) started saline line and administered 1L fluids. EMS performed field dressing on lip and monitored vitals during transport.

PHYSICAL EXAMINATION

VITAL SIGNS: Blood pressure 145/95, pulse 95 bpm, respirations 42 GENERAL APPEARANCE: Labored breathing, sweating. Mild confusion and disorientation. LUNGS: Clear to auscultation and percussion bilaterally. HEART: Elevated rhythm. SKIN: Normal. EXTREMITIES: Upper and lower limbs bilaterally normal. DENTAL: Teeth and gums are intact. Slight bleeding around teeth 8 – 10 and 24 – 25. Tongue is

intact. SOCIAL HISTORY

Never smoked. No alcohol. No drugs. ALLERGIES

Allergic to sulfa drugs. PROCEDURES PERFORMED

1. The patient was administered 2L fluids and observed for 90 minutes. 2. The patient received 10 stitches on lower lip. 3. The patient was treated for abrasions on nose and forehead. Dressings with topical antiseptic

were applied. 4. The patient was administered a CT scan to check for brain swelling and possible concussion.

P

HH

EXHIBIT 9

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LABORATORY AND RADIOLOGICAL RESULTS The patient’s CT scan returned negative for cranial swelling. Patient possibly suffered Grade 2

concussion. DISCHARGE DISPOSITION

Patient is discharged to home under parental care. DISCHARGE MEDICATIONS

The patient was discharged on the following medications: Ibuprofen 800mg, thrice daily

PHYSICIANS/NURSES/TECHNICIANS INVOLVED WITH CARE

Attending: Nicholas Barker, MD _______________________________________________

CT Technologist: Phillip Newton, RT(R) _______________________________________________

Information about your conditions HEAT EXHAUSTION

Heat exhaustion is when your body overheats. Heat exhaustion happens when you do intense physical activity in hot conditions without drinking enough liquids.

After you leave:

Follow up with your primary healthcare provider as directed. Write down your questions so you remember to ask them during your visits.

Restrictions:

When you exercise or are somewhere with a high temperature and humidity: − Wear lightweight, loose, and light-colored clothing. − Protect your head and neck with a hat or umbrella when you are outdoors. − Drink lots of water or sports drinks. Avoid alcohol. − Eat salty foods, such as salted crackers, and salted pretzels. − Limit your activities during the hottest time of the day. This is usually late morning through

early afternoon. − Use air conditioners or fans and have enough proper ventilation. If there is no air

conditioning available, keep your windows open so air can circulate.

Contact your primary healthcare provider if: − Your signs and symptoms do not improve with treatment. − You have muscle cramps or twitching. − You have nausea and vomiting. − You have numbness or prickling feeling in your arms or legs. − You have questions or concerns about your condition or care.

/S/ /S/

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Seek care immediately or call 911 if: − You cannot stop vomiting. − You are confused or cannot think clearly. − You cannot move your arms and legs. − You have trouble breathing.

LACERATION

Sutures, or stitches, are the most commonly used method to fix a cut or wound. Other methods used to treat wounds are skin adhesives or glue, Steri-Strips or butterfly bandages, staples or even leaving skin wounds open (unsutured) to heal without closure in some cases (this is termed “closure by secondary intention”).

After you leave:

Follow up with your primary healthcare provider within 5 to 10 days for suture removal. Write down your questions so you remember to ask them during your visits.

Restrictions:

First, keep the wound clean and as dry as possible. Do not immerse or soak the wound in water. This means no swimming, baths, or hot tubs until the stitches are removed or after about two weeks if absorbable suture material was used.

Leave original bandages on the wound for the first 24 hours. After this time, showering or rinsing is recommended, rather than bathing.

After the first day, remove old bandages and gently cleanse the wound with soap and water or half-strength peroxide (mix equal parts hydrogen peroxide with water). Cleansing twice a day prevents buildup of debris, which may cause a larger scar; debris (for example, scab formation) makes suture removal slightly painful, more difficult and may increase the likelihood of infection.

No band activities until the sutures are removed.

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Sosa’s Rules of the Band Please be aware of the expectations of the program

1. Be on time for all classes and practices

- If one is late, all must wait!

2. Come prepared to play - Once the class or practice starts, you must be ready to play. Take care

of any instrument maintenance before time.

3. You are here for music, not food - No food, gum or drinks (except water in sealable water bottles)

4. You are here for music, not homework

- This is not study hall; do your homework at home.

5. Hydrate! - Bring water in sealable water bottles to all outdoor practices.

6. No cell phones

- All cell phones must be turned off and placed in your backpack or purse. There will be no use of cell phones or mp3 players during class or practice.

7. Practice makes perfect - It is only through individual, private practice that you will improve.

8. Be physically fit or you will sit

- Participation in the Marching Mustangs is a rigorous physical activity. You must be in shape to be able to complete performances.

9. Absences are predictable - You must notify the directors before you are absent, either in person,

text or email. Too many absences may result in disciplinary actions.

10. Don’t Make Excuses - Maturity requires taking responsibility and not blaming others.

EXHIBIT 10

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