St. Paul & Madonna Students Team To Host
Mock D.U.I. Trial

March 27, 2007

The Moundsville law firm of Gold, Khourey & Turak, attorney W. Howard Klatt of Klatt Law Offices, Judge James P. Mazzone, Officer Rick Stead of the Weirton Police Department, along with students and school officials from St. Paul Catholic School and Weirton Madonna High School highlighted the seriousness of drinking and driving during a mock trial today at St. Paul School in Weirton.

The morning began with Weirton Madonna student, Katie Lesho, reading a made-up scenario involving an unfortunate drunk driving crash that resulted in a serious injury to a Madonna student, Anthony Rees. According to the scenario, Madonna student Marquis Campbell was out celebrating with friends and decided to drink and drive. While taking friends home, Campbell lost control of his vehicle and crashed head-on with a vehicle driven by Rees. Rees was paralyzed from the waist down as a result of the crash. The scenario was created using real names and locations, and the aftermath of that fateful evening were played out in a mock courtroom setting with a real judge and real attorneys.

Judge James P. Mazzone of the First Judicial Circuit Court of West Virginia presided over the case, while Christopher Turak of Gold, Khourey & Turak and W. Howard Klatt of Klatt Law Offices, prosecuted and defended the case. The jury consisted of students from St. Paul School and Weirton Madonna High School.

Judge Mazzone conducted the trial as close to a real trial as possible. Witnesses were sworn in, reports, photos, and exhibits were entered into evidence, and objections heard, just as would happen in a real court room. In fact, Officer Stead met with Campbell, the defendant, prior to the trial and took him through a series of field sobriety tests. The tests were recorded on Stead’s dashboard camera and the video was entered into evidence at trial. Students were able to watch the video on a t.v. set up in the auditorium. Witness after witness was called, which included Officer Stead, passengers in each vehicle involved in the crash, a character witness, Campbell, and Rees. Rees was confirmed to a wheelchair as a result of the crash.

Prior to jury deliberations, Gold, Khourey & Turak attorney Christopher Turak encouraged the students to remember the facts presented today, and the poor attitude of the defendant, “All I ask is that you do your job and consider the facts of the case,” said Turak. “The officer testified the defendant failed each test, the defendant’s own passenger and friend testified that she saw him consume a large quantity of alcohol, and the defendant’s B.A.C. level was 5 times more than the legal limit for someone his age. The defendant has no remorse for his actions and feels he did nothing wrong. Obviously, this is not the case and I hope you will return a verdict of guilty.”

Wheeling defense attorney Howard Klatt encouraged the jury consider a different set of facts. “Sure, Marquis was drinking, having a good time, but was he drunk, NO!,” offered Klatt. “We heard testimony about the winding condition of the road and that accidents occur there routinely without alcohol being involved.” Klatt continued, “And we heard Marquis admit he had a difficult time with the field sobriety tests because of his physical condition after the football game. I remind you that the state has the highest burden to prove beyond a reasonable doubt that my client is guilty, and if you feel for a moment he is innocent, then you must come back with a not guilty verdict.”

While the jury was deliberating, Judge Mazzone and the attorneys took questions from the students in attendance. In the end, the jury returned a verdict of guilty of D.U.I. causing injury.

Judge Mazzone then spoke to the audience about the sentencing phase. “The hardest part of being a judge is the sentencing stage, and for guidance on sentencing we must look at the law,” said Judge Mazzone. “The penalty under the statute for D.U.I causing injury is 1day to 1 year, with a fine of not less than $200 nor more than $1,000.” Judge Mazzone sentenced the defendant to the maximum sentence allowed by law.

Following the sentencing, Judge Mazzone denied the request by defense counsel to allow Campbell to get his personal life in order before going to jail, and ordered the defendant to be taken into custody by the Hancock County Sheriff’s Department immediately. At that time, Officer Stead handcuffed Campbell and escorted him out of the courtroom.

Gold, Khourey & Turak is a personal injury law firm located in Moundsville that represents victims of drunk drivers. As the result of their firsthand experience, their hope is that these mock presentations will prove effective in deterring individuals from drinking and driving.

Additional information about the mock accident and trial can be obtained by calling the law offices of Gold, Khourey and Turak at (304) 845-9750.