Page 6 Feb. 26, 1990 The Clarion
Mock trial shows complexity of rape
by Lora Woodrum
Clarion Editor-in-Chief
On Feb. 15 at 7 p.m., Brevard
College witnessed a Mock Rape Trial in
Dunham Auditorium. Derrick Briggs
played the role of Mark Garrison who
was accused of raping Jennifer Edwards,
played by Beth Winters.
Real-life legal personnel played key
roles in the trial. The prosecuting
attorney was played by William J.
Cathey III, the assistant DA for the 29th
Judicial District; the lawyer for the
defense was played by Brevard attorney
William R. White; and the judge was
played by the Hon. Robert S. Cilley.
According to Director of Studert
Activities Jeff Battle, the main purpose
of the trial was to portray an actual rape
trial. Brevard College students saw first
hand the difficulties experienced by the
prosccutor in convincing a jury that the
rape occurred against the victim's will.
The Mock Rape Trial dramatized a
common dilemma on college campuses:
in many cases of rape that occur in the
college setting, the victim is frequently
blamed for the crime. The defense will
focus the attention on the victim,
leading the jury to believe that she was
guilty for the crime.
College settings, such as parties and
dance clubs, often lead students to
perhaps dress differently, act differently
and drink alcohol. All of these tend to
make the rape victim appear as though
she actually asked to be raped.
In this particular trial, the fate of the
defendant was left to 12 people who
were randomly chosen from the
audience. The jury included; Lisa
Macaulay, Wade Gilliam, Alex Mistri,
Susanne Lombard, Jamie Cousin, John
Hackworth, John Turner, Maxine
Turner, Christy Scott, Jessica Miller,
Lynn Heater and Eric Schmit.
When the jury was chosen the
audience clapped for them and were at
%
The jury listens intently during the testimoy given in Mock Rape Trial held Feb. 15 at BC.
ease. Then, just as in a real trial, the
judge spoke to the jury about how the
defendant is innocent until proven
guilty. The baliff (played by BC's Greg
Dill) swore in each witness who took
the stand. The jurors' backs seemed to
stiffen as the witnesses showed their
emotions on the stand. Then a sweep of
tension and nervousness came over the
crowd.
The trial commenced when the fu-st
witness. Dr. Clark, played by John
Kanipe, was called to the stand to
testify, other witnesses were, Michelle
McCarthy, played by Heather Gleason;
Rhonda Fleming, played by Lin
Redmond; Det. Carol Williams, played
by Angela Williams; Tim Van Pelt,
played by Danny Miller; Heather
Linden, played by Connie Davis; Pastor
Olson, played by Jonathan Pierce; and
Jason Kline, played by Jeff Yellen.
As the trial unfolded, the stories of
both the defendant and the plaintiff
became known. Apparently, the two
were acquainted before the night the
alleged rape took place. They were both
students at Mankato State University.
After they and other friends had
socialized at ^e same club, the
Albatross, the group proceeded to the
defendant's house where a party was to
take place.
The victim was under the influence
of alcohol by the time she had reached
the party and continued to consume
alcohol at the defendant's home. The
defendant made advances toward the
plaintiff during the party. According to
the plaintiff, she went upstairs to the
bathroom after beer had been spilled on
her skirt. After she cleaned the skirt,
she said she began to feel sick due to the
alcohol. She went to the nearby
bedroom. Unfortunately, this happened
to be the defendant's bedroom. She
claimed Garrison then entered the room
and allegedly raped her.
Garrison countered with his charge
that Jenny had been teasing him all
night long, especially with the way she
was dressed.
A main factor in the trial's outcome:
Garrison stated that he asked Jenny to
go upstairs with him, but that she
refused. Then, when she went there to
wash off her skirt, he assumed she was
taking him up on his offer.
The jury heard this story in full
detail and then were told to make a
decision. The result was a hung jury.
Seven jurors found the defendant to be
guilty. Two were undecided, and three
found the defendant not guilty. Since an
abstaining vote counts as not guilty, the
final tally was 7-5. Since a unanimous
vote was not arrived at, the evening
ended with a misbial.
Apparently, the audience agreed. In
an informal vote taken before the jury's
verdict, with a show of hands BC
students voted about 50-50 also.
After the trial, students were asked
to comment. Tim Jackson said, "I don't
believe that by the information given
that there could have been a fmal verdict
because of the lack of evidence."
Jury member John Turner reflected,
"Being on the jury, I really got to see
how a real court experience was."
4
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The accused, Mark Garrison (played by Derrick Briggs) ponders his
defense, while his attorney, William R, White, listens.
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The DA (William Cathey) gently questions a tearfuf Jenny Edwards
(Beth Winters) about the evidence. (Clarion photos by Jock
Lauterer)