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2019 MOCK TRIAL CASE SUMMARY
KELLY SIMON, individually, and as the Personal Representative of the Estate of Jordan Simon, Plaintiff
vs.
TERRY SWIFT and SPARTAN ACADEMY, Defendants. File No. 2019-0001-CV
Jordan Simon was a seemingly healthy 17-year old high school senior. He attended a well-known private high school, Spartan Academy, where he established himself as a star sprinter and was competing for a NCAA Division I University track scholarship at the time of his unexpected deadly heart attack. The autopsy revealed the steroid Erythropoietin (EPO) in his bloodstream. EPO is used medically to treat certain forms of anemia. EPO has also been known to improve athletic performance, because it increases the oxygen-carrying capacity of blood. Conversely, EPO also increases the blood viscosity, which can cause the blood to clot and clog capillaries, resulting in a heart attack. At hand is the question of negligence. This is a bifurcated trial on the issue of liability only; damages are not at issue. Jordan’s surviving parent, Kelly Simon, filed a lawsuit against Spartan Academy and the track coach claiming Spartan Academy and Terry Swift encouraged Jordan to use steroids, should have known he was using steroids, and taken steps to stop his steroid use. The coach and Spartan Academy deny Kelly Simon’s claims and contend that Jordan Simon assumed the risk of using steroids; and advance that Kelly Simon was comparatively negligent in not discovering Jordan was using steroids, and not taking steps to stop his steroid use. Plaintiff will call three witnesses: Plaintiff and surviving parent, KELLY SIMON; Friend and Teammate of Jordan Simon, MORGAN PEARCE; and a witness qualified to give expert testimony in the field of exercise physiology and steroid use, LYNN ROPER, PhD. The Defense will also call three witnesses: Defendant and Spartan Academy track coach, TERRY SWIFT; Spartan Academy Assistant Principal and Athletic Director, JAMIE HAGAR; and a witness qualified to give expert testimony in the field of compliance with sports rules and regulations, AUBREY BRADY.
The St. Clair County Bar Association Mock Trial Tournament extends their appreciation to the Michigan Center for Civic Education for allowing the use of the above case and materials for the 2019 Mock Trial Competition. This case was initially created by the Center for Civic Values, Albuquerque, New Mexico and adapted by the
Classroom Law Project, and Oregon Non-Profit Organization.
Schedule
Time Event Location
8:00 a.m. Judges/Bailiffs Convene
Courtroom 2300
8:00 – 8:25 a.m. Team Check-in
& Registration Hallways/Round One Courtrooms
8:30 – 10:25 a.m. Round One Assigned
Courtrooms 10:30 – 12:25 p.m. Round Two Assigned
Courtrooms 12:30 – 2:30 p.m. Round Three Assigned
Courtrooms 2:35 – 3:45 p.m. LUNCH Round 3
Courtrooms
Please Note: Teams from Round Three will be eating in the same courtroom where they just competed. Take this time to meet and mingle with your fellow Mock Trial competitors!
4:00 p.m. AWARDS presentation
Port Huron Office Center
2019 Tournament Teams
Varsity – 12 Teams
Anchor Bay High School (Team A)
Anchor Bay High School (Team B)
Capac High School
Marine City Cardinal Mooney HS
Marine City High School
Memphis High School (Team 1)
Memphis High School (Team 2)
Port Huron Northern (Team Gold)
Port Huron Northern (Team Blue)
St. Clair High School (Team Red)
St. Clair High School (Team Blue)
Yale High School
Junior Varsity – 5 Teams
Capac High School
Marine City Cardinal Mooney HS
Port Huron High School
St. Clair High School
Yale
Team Courtroom Assignments
ROUND ONE ROUND TWO ROUND THREE 8:30 A.M. 10:30 A.M. 12:30 P.M.
**** SECOND FLOOR COURTROOMS ****
Courtroom 2109 Courtroom 2109 Courtroom 2109 JV Team 3 (PLAINTIFF) Team 1 (PLAINTIFF) Team 6 (PLAINTIFF) JV Team 5 (DEFENSE) Team 10 (DEFENSE) Team 2 (DEFENSE)
Courtroom 2200 Courtroom 2200 Courtroom 2200 Team 9 (PLAINTIFF) JV Team 5 (PLAINTIFF) Team 3 (PLAINTIFF) Team 7 (DEFENSE) JV Team 1 ( DEFENSE ) Team 4 ( DEFENSE ) Courtroom 2300
Courtroom 2300
Courtroom 2300
JV Team 1 (PLAINTIFF) Team 5 (PLAINTIFF) Team 12 (PLAINTIFF) JV Team 2 (DEFENSE) Team 8 (DEFENSE) Team 7 (DEFENSE)
Courtroom 2500
Courtroom 2500
Courtroom 2500
Team 12 (PLAINTIFF) Team 7 (PLAINTIFF) JV Team 1 (PLAINTIFF) Team 11 (DEFENSE) Team 3 (DEFENSE) JV Team 4 (DEFENSE)
Courtroom 2700
Courtroom 2700
Courtroom 2700
Team 10 (PLAINTIFF) Team 2 (PLAINTIFF) Team 8 (PLAINTIFF) Team 5 (DEFENSE) Team 12 (DEFENSE) Team 9 (DEFENSE)
**** THIRD FLOOR COURTROOMS **** Courtroom 3100 Courtroom 3100 Courtroom 3100
Team 3 (PLAINTIFF) Team 11 (PLAINTIFF) JV Team 2 (PLAINTIFF) Team 2 (DEFENSE) Team 6 (DEFENSE) JV Team 5 (DEFENSE)
Courtroom 3200
Courtroom 3200
Courtroom 3200
Team 8 (PLAINTIFF) JV Team 4 (PLAINTIFF) Team 5 (PLAINTIFF) Team 4 (DEFENSE ) JV Team 3 (DEFENSE) Team 1 (DEFENSE)
Courtroom 3500
Courtroom 3500
Courtroom 3500
Team 6 (PLAINTIFF) Team 4 (PLAINTIFF) Team 10 (PLAINTIFF) Team 1 (DEFENSE) Team 9 (DEFENSE) Team 11 (DEFENSE)
2019 St. Clair County High School Mock Trial Tournament
Judge/Courtroom Assignments
COURTROOM 2109 PRESIDING JUDGE HON. SHANE BURLEIGH SCORING JUDGE HON. JOHN COURY SCORING JUDGE HON. GREGORY STREMERS COURTROOM 2200 PRESIDING JUDGE HON. KYLE KAMIDOI SCORING JUDGE HON. FRANK PARTIPILO SCORING JUDGE HON. JOHN LIVESAY COURTROOM 2300 PRESIDING JUDGE HON. MARK DAVIDSON SCORING JUDGE HON. BRIANNA MONZO SCORING JUDGE HON. MARY ROY KELLY COURTROOM 2500 PRESIDING JUDGE HON. JOHN D. MONAGHAN SCORING JUDGE HON. MICHELLE EASTER SCORING JUDGE HON. KELLEN ELLIOT COURTROOM 2700 PRESIDING JUDGE HON. JOHN D. TOMLINSON SCORING JUDGE HON. JOSHUA SPARLING SCORING JUDGE HON. AMBEREEN AHMED COURTROOM 3100 PRESIDING JUDGE HON. DANIEL DAMMAN SCORING JUDGE HON. MATTHEW WALLACE SCORING JUDGE HON. DENNIS RICKERT COURTROOM 3200 PRESIDING JUDGE HON. CYNTHIA A. LANE SCORING JUDGE HON. JAMES LANGLEY SCORING JUDGE HON. MARC OSWALD COURTROOM 3500 PRESIDING JUDGE HON. DANIEL J. KELLY SCORING JUDGE HON. CAPTAIN MATT KING SCORING JUDGE HON. KELLY TURNER
Anchor Bay High School Team A
Not in picture order: Emma Montgomery, Jack Myrick, Wyatt Varga, Madeline Markwood, Jason Patton, Yonus Harris,
Brenden Wallace, Evan Prill
DENISE O’HEARN, Teacher Coach TRACIE BOYD, Attorney Coach
TEACHER COACH PROFILE
Coach Denise O’Hearn is a Wayne State University graduate and has been a teacher in the Anchor Bay District since 2003. She currently teaches Government, Economics and World History. Denise is married with three (3) children. She enjoys tennis, reading and baking. In addition to Mock Trial, Coach O’Hearn is the advisor to the Anchor Bay High School Debate Club. 2019 IS COACH O’HEARN'S NINTH (!) YEAR COACHING MOCK TRIAL!
Anchor Bay High School Team B
Not in picture order: Akasha Koreniewski, Cameron Paddock, Stefan Bezanovski, Evan Shock, Grace Dyer, Alex Bezanovski, Piper Bryce
DENISE O’HEARN, Teacher Coach
TRACIE BOYD, Attorney Coach
Capac High School
Team A
Shawna Felster Emma-Rose Frangedakis
Austin Beswick Brian McClaren Hannah Kemp Nancy Bolanos
STEVE SAMPSON, Teacher Coach MATT LOZEN, Attorney Coach
TEACHER COACH PROFILE
Capac High School's Teacher Coach, STEPHEN JAMES SAMPSON, is a 1988 graduate of Dundee High School. He earned his Bachelor's Degree in 1994 from Eastern Michigan University and his Master's Degree from Walden University in 2007. Coach Sampson has been an employee of Capac Community Schools since 1997. He has coached cross country, volleyball and track. He currently teaches AP English Language and Composition and English11. He resides in Oxford, is a member of Christ the King Church and a runner. Coach Sampson is married to Brandee; they have twin 15 year old sons. He notes that his Capac High students are "second to none!" 2019 IS COACH SAMPSON'S FOURTEENTH (!!!) YEAR COACHING MOCK TRIAL!
Capac High School
Team B (JV)
Brandon Wagner Ayden Kipper Gabrielle Lulis
Issy Abu-Joudeh Cameron Piotrowski
Hailie Austin Michael Clor
STEVE SAMPSON, Teacher Coach MATT LOZEN, Attorney Coach
Cardinal Mooney High School
Team A
Not in picture order: Jenna Stoldt, Christina Berels, Celeste Parmenter, Anikka Jordan, John Zawadzinski, Morgan Sinelli, Wilson Lombard, James Thomas,
Richard Goulette, Mackenzie Clemens
JAMES KELLEY, Teacher Coach STEPHEN GUILLIAT, Attorney Coach
TEACHER COACH PROFILE
COACH KELLEY teaches Social Sciences – Law, Government, 20th Century History, Economics and Publications – at Cardinal Mooney Catholic High
School. He is certified in Social Studies and English, and also has a degree in Journalism from Central Michigan University. Coach Kelley also coaches the boy’s junior varsity basketball team. 2019 IS COACH KELLEY’S SIXTH YEAR
COACHING MOCK TRIAL!
Cardinal Mooney High School
Team B (JV)
Not in picture order: Anthony DeManaco, Kylie Bhesania, Marissa Bhesania, Elizabeth Cantley-Wilhelm, Michael Wilkinson, Jacob Forsythe, Aristidis Thomas,
Ruben Garcia, Nick Garcia, Richard Marshall
JAMES KELLEY, Teacher Coach
STEPHEN GUILLIAT, Attorney Coach
Marine City High School
Not in picture order: Hannah Tomasek, MaryJane Francis, Logan McCulloch, Scout McCulloch, Susannah Woodruff, Lorenzo Franco, Heather LeFaivre,
Kennedy Felax
KEVIN LEEMAN, Teacher Coach AMY THOMAS, Coach
BRIAN THOMAS, Coach
TEACHER COACH PROFILE
COACH LEEMAN is a graduate from Central Michigan University. He teaches Economics and Government at Marine City High School. Coach Leeman is married and has two (2) daughters. 2019 IS COACH LEEMAN’S SEVENTH YEAR OF COACHING MOCK TRIAL!
Memphis High School
Team 1
Ryan Peters Faith Serio
Brenden Gazley Noah Treutle
Connor Bagnell Allie Ashley Emily Ward
SHERYL LEAVER, Teacher Coach LOGAN CLAIR, Teacher Coach
TEACHER COACH PROFILE Co-Teacher Coach SHERYL LEAVER graduated from Lakeview High School, Battle Creek, MI, and Western Michigan University and Olivet College. She has been employed with Memphis School District since 1999, after teaching 2 years in Battle Creek. Coach Leaver currently teaches AP History, US History and American Literature. Coach Leaver is married to Abe, who is the Principal at Algonquin Middle School; she has three (3) daughters. 2019 IS COACH LEAVER’S TWELTH YEAR COACHING MOCK TRIAL.
Memphis High School
Team 2
Bella Quesnelle Nicole Herman Gabe Treutle
Matt Wendling Marie Melistas Joey Gentner
Brad Clark Morgan Ressler
SHERYL LEAVER, Teacher Coach
LOGAN CLAIR, Teacher Coach
Port Huron High School (JV)
Not in picture order: Jason Leaym, Trevor Arcieri, Anastasia Saura,
Paris Sandoval, Madison Decker, Anna McClelland, Addysen Russel, Diann Smith, Keely Wenino, Cherrai Hubbard, Adrian Castillo
SYDNEY GREWE, Teacher Coach MEGAN LEYVA, Attorney Coach DAVID KELLEY, Attorney Coach
Port Huron Northern High School
Team Blue
L to r: Alexandra Allers, Alysse Armstrong, Delaney Ward, Emma Harris, Andrew Touma, Benjamin LaBeau
Not pictured: Chloe DeVooght
DAYNA DesJARDINS, Teacher Coach S. DOUGLAS TOUMA, Attorney Coach
SARA GROUT, Attorney Coach
TEACHER COACH PROFILE
Port Huron Northern's Co-Coach, DAYNA DesJARDINS, is a 2014 graduate from Saginaw Valley State University. She has a degree in Secondary History and English Education and is currently in her third (3rd) year at PHN. Coach DesJARDINS teaches A.P. US History and Computer Applications at Port Huron Northern. She is the Class of 2020 Advisor. When she isn’t coaching Mock Trial, she is an Assistant Girl’s Soccer Coach. 2019 IS COACH DesJARDINS’S
FOURTH YEAR COACHING MOCK TRIAL!
Port Huron Northern High School
Team Gold
Not in picture order: Karly Ward, Andrew Robbins, Margaret Glenn, Kathleen Touma, Anna Heiss, Riley Hopper, Chase Meister, Aaron Thoms,
Nathanael Anderson, Amber Tetreau
DAYNA DesJARDINS, Teacher Coach S. DOUGLAS TOUMA, Attorney Coach
SARA GROUT, Attorney Coach
St. Clair High School
Team Blue
Back row (l to r): Delaney Dolland, Scott Westrick, Michaela Heisler Front row (l to r): Lily Nelson, Alli Mazzola
Not Pictured: Kara Donaldson
DAVID CLUTTS, Teacher Coach FREDERICK LEPLEY, JR., Attorney Coach
TEACHER COACH PROFILE
St. Clair High’s Teacher Coach, DAVID CLUTTS, is a 1986 graduate of Flushing High School, and a 1991 graduate from Michigan State University. He has been employed with the East China School District since 1996, where he teaches Advanced World History, Economics, and World History. Coach Clutts also coaches Boys and Girls Varsity tennis at St. Clair High School. He is married and parents one four-legged adoptee, a chocolate lab. 2019 IS COACH
CLUTTS’ TWELTH YEAR COACHING MOCK TRIAL!
St. Clair High School
Team Red
Back row (l to r): Jillian Brooks, John Mason, Madison Leaver Front row (l to r): Maureen Brunner, Nandini John, Lainy Humes
DAVID CLUTTS, Teacher Coach FREDERICK LEPLEY, JR., Attorney Coach
St. Clair High School
Team White (JV)
Not in picture order: Eamon Iberhard, Avery Wilson, Anne Shorkey, Haley Binkley, Emma Lamb, Jenny Falkner
DAVID CLUTTS, Teacher Coach
FREDERICK LEPLEY, JR., Attorney Coach
Yale High School
Team A
Not in picture order: Morgan Fiedler, Josie Kuhlman, Madelynn Tolan, Anna Gerardy, Michael Donnellon, Jared Madsen
SCOTT BROWN, Teacher Coach BRANDON McNAMEE, Attorney Coach
Yale High School
Team B (JV)
Not in picture order: Autumn Edgerton, Graceanne Powell, Ava Pardo-Keegan, Zosia Olszewska, Steven Klei, Tyler Munro, Madeline Lavichant, Riley Starks
SCOTT BROWN, Teacher Coach
BRANDON McNAMEE, Attorney Coach
SPECIAL THANKS TO:
Judge John G. Cummings
Professionalism Award Namesake Passes
The Judge John G. Cummings Professionalism Award is named for Retired Judge John G.
Cummings. Judge Cummings passed away on January 1, 2019 at the age of 88. The St. Clair
County Mock Trial Competition’s current and past competitors, organizers and volunteers
wish to thank Judge Cummings for his example as a true professional and his wisdom in
maintaining the professionalism that our Mock Trial competition strives to ingrain in all our
efforts. We thank you for your legacy of what makes a true professional.
For more information on the Judge John G. Cummings Professionalism Award, go to
www.sc2mocktrial.org/professionalism.htm.
WITH SPECIAL THANKS
BAR ASSOCIATION ATTORNEY COACH SUPPORT: The St. Clair County Bar Association Membership has contributed countless hours working with and for high school students to present the Mock Trial Competition. With SPECIAL THANKS to the following attorneys who have expended HOURS of what precious little personal time they have to COACH a Mock Trial Team in the 2019 Competition:
STEPHEN GUILLIAT BRIAN THOMAS AMY THOMAS SARA GROUT MATT LOZEN S. DOUGLAS TOUMA
MEGAN LEYVA BRANDON McNAMEE FRITZ LEPLEY TRACIE BOYD DAVID KELLEY
FINANCIAL SUPPORT: Competitors and their coaches are provided "munchies" in between rounds, and, lunch for judges, bailiffs, and volunteer staff is compliments of the St. Clair County Bar Association. The program, invitation printing costs, mailing expenses, and supplies are all provided to the Mock Trial Competition via the generosity of the St. Clair County Bar Association. Several team entry fees to the Regional Competition are paid through the generosity of the St. Clair County Bar Association. VERY SPECIAL THANKS to SANBORN BAIL BONDS – JUDGE KENNETH SANBORN, MARK SANBORN, and DAN HEYTHALER for their support of the St. Clair County Bar Association and St. Clair County students in SANBORN’s very generously contributing financially to the cost of the lunch provided to the litigants and coaches! BAR ASSOCIATION JUDICIAL SUPPORT: WITH SPECIAL THANKS to the following members/soon-to-be members of the St. Clair County Bar Association who have given up their family time to serve as JUDGES of the 2019 Mock Trial Competition:
HON. DANIEL J. KELLY MARY ROY KELLY HON. JOHN D. MONAGHAN MICHELLE EASTER HON. JOHN D. TOMLINSON KELLEN ELLIOT HON. CYNTHIA A. LANE JOSHUA SPARLING HON. SHANE BURLEIGH AMBEREEN AHMED JOHN COURY DANIEL A. DAMMAN GREGORY STREMERS MATTHEW WALLACE KYLE KAMIDIO DENNIS RICKERT FRANK PARTIPILO JAMES LANGLEY JOHN LIVESAY MARK OSWALD MARK DAVIDSON CAPTAIN MATT KING BRIANNA MONZO KELLY TURNER
TEACHER COACHES: MANY THANKS to the following TEACHERS who have given their time and talents, along with shouldering additional expenses (not covered by the School District), to teach Mock Trial to some VERY talented and exceptional young men and women who participated in the 2019 St. Clair County High School Mock Trial Competition. Review the short bio on each of these teacher coaches, and you will see why we have such awesome kids performing so well in our competition.
DENISE O’HEARN, Anchor Bay High School STEVE SAMPSON, Capac High School JAMES KELLEY, Marine City Cardinal Mooney High School KEVIN LEEMAN, Marine City High School SHERYL LEAVER, Memphis High School LOGAN CLARE, Memphis High School SYDNEY GREWE, Port Huron High School DAYNA DesJARDINS, Port Huron Northern High School DAVID CLUTTS, St. Clair High School SCOTT BROWN, Yale High School
MOCK TRIAL 2019 VOLUNTEER TEAM: Our Mock Trial Tournament would not be possible without the work of our very dedicated VOLUNTEER CORPS. This team, many of whom have worked Mock Trial EVERY year, works together under the leadership of DOUG JONES, to pull together all of the behind the scenes activities which make our competition seem so together - from greeting team members and general public, to monitoring hallways and directing to courtrooms and courthouse facilities, to taping rounds, to distributing munchies, to coordinating distribution and collection of score sheets, to taking pictures, to tabulation of scores, to applauding for a round well done. WE SIMPLY COULD NOT OFFER THE PROFESSIONAL PRODUCT WE HAVE CRAFTED IN THE ST. CLAIR COUNTY HIGH SCHOOL MOCK TRIAL COMPETITION WITHOUT THIS VOLUNTEER FORCE.
COURT BAILIFFS
Every year very dedicated and respectful officers of the St. Clair County Sheriff Department give up their entire Saturday to serve as Court Officers/Bailiffs of the St. Clair County High School Mock Trial Tournament. Their mere presence lends authenticity and professionalism to our Mock Trial Tournament. Our MANY THANKS to Sheriff Tim Donnellon and his staff that set such a great example for our competitors.