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.