February 4, 2004     Saratoga, California Since 1955
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Photograph by George Sakkestad
Santa Clara County Superior Court Judge Philip H. Pennypacker works with defense witness and senior Michael Lin, 17; Chris Yap, 17, a senior and defense attorney, and Lauren Gray, 17, a senior and prosecution attorney, in preparation for an upcoming mock-trial competition.
Students go to court ... for mock trial
By Lisa Toth
Cornered by a prosecution attorney during cross-examination, defense witness Felicia Dorng cracked on the witness stand ... with laughter.

Dorng, 16, forgot how to answer a question, and a room full of Saratoga High School mock-trial members laughed with her. But the mistake was only practice.

The 18-member group is gearing up for a mock-trial competition starting Feb. 10 where they'll argue a case, People vs. Casco: A Crime of Credit Card Fraud against 28 other local high school teams. The students will speak before real superior court judges inside the Santa Clara County courthouse in front of judges who are volunteering their time for the event. Winners will have the opportunity to advance to state and then national mock-trial competitions.

The program is sponsored by the Constitutional Rights Foundation. It was also endorsed by the late U.S. Chief Justice Warren E. Burger as part of the 1986 Commission on the Bicentennial of the U.S. Constitution, which supports civic-education programs that focus on the Constitution.

Senior Michael Lin, 17, plays defense witness Madison Casco. He uses the team meetings once a week to fine-tune his role on the stand. And during past scrimmages against other high schools, Lin has received a taste of his opposition.

"It's interesting seeing how the different teams portray the same roles," Lin said. "Anyone can memorize the stuff in the packet. But it takes a little bit of creativity to make the roles in the packet seem real."

The team's legal expertise and training comes from its attorney adviser and former faculty adviser Dr. Hubert Roberts, 70, a retired Saratoga lawyer who practiced in the community for more than 15 years.

"He seems to have a lot of experience with mock trial," said Lin. "He has worked in the judicial system for a long time. And he also has a really dry sense of humor, which is nice."

Sophomore Susan Jeng, 15, a newcomer to the team, serves as the clerk and team coordinator. Armed with a stopwatch, she times her teammates in their prosecution and defense arguments as well as pre-trial motions.

"It's really interesting to learn about law," she said. "This is what people do for a living."

Roberts, who was the school's social studies department chairman and teacher when Saratoga High School first opened, has stayed on through his retirement to coach the team. He said the students learn more than just who is guilty or not guilty. They are mastering how to handle objections and improving their public-speaking abilities.

"I really don't care how well they do—as long as they do their best," Roberts said. "I've always believed mock trial was one of the best educational programs in the third of a century that I've been involved in teaching. It functions on so many levels. The students are getting so many insights into the legal system."

Roberts' daughter, Melanie, a paralegal who also aids the team, said her father taught at the high school for more than 30 years. She said he has a knack for guiding the students into actually becoming their roles as a police officer, librarian or attorney. They know their facts and must think quickly on their feet.

"The students learn a lot about themselves, and parts of their personalities develop especially with their characters," Melanie said.

Principal Dr. Kevin Skelly said he supports the team by attending most of their competitions.

"It's like a real courtroom—seeing what they learn about public speaking and argumentative skills," he said. "It's just fantastic."

In addition, a friendship has continued long after Roberts had the honorable Judge Philip H. Pennypacker of the Santa Clara County Superior Court as a student in his world-affairs class. Pennypacker, a 1965 graduate of the school, still comes back as a guest judge to assist the mock-trial team in preparing for competitions.

"I love Saratoga High School," said Pennypacker, who also volunteers his time judging mock-trial competitions. "I just enjoy being able to still contribute."

Roberts said he was also involved in the hiring of teacher Larry Williams. When Williams died, the social studies department established a scholarship fund in his name. Roberts said his recompense has consisted of the school putting $2,000 per year into the scholarship fund, until recent budget cutbacks. Now, student contributions must cover the $2,000, plus other expenses incurred with competitions and scrimmages.

To donate to the team, call Roberts at 408.867.2793. Local attorneys interested in learning about the team can contact Roberts at heroberts@earthlink.net.

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