Publication Date: Wednesday Feb 18, 1998

Paly students get their day in court

A CalTrain derails mysteriously, and a high-school-aged youth dressed in a T-shirt and blue jeans is seen walking away from the scene of the accident.

Meanwhile, at the local high school, a normally poor student got an A on a project on train accidents. He was absent the day of the train wreck. When the police get to school they search his car, without a warrant, and find plans for the CalTrain tracks.

Did he do it? Does it matter that the evidence was obtained by police without a warrant, but on school property? Should the fact that the student just studied train accidents matter in the decision?

This was one of the scenarios that Paly students discussed in their government classes during "Lawyers in the Classroom: Student Perspective on Constitutional Law." Lawyers who are members of the Palo Alto Area Bar helped students conduct mock trials dealing with constitutional issues such as search and seizure, freedom of religion and free speech laws.

"It was a fun experience," said Mate Vladar, a sophomore at Paly who played the role of prosecutor in the trial. "It shows how the court system works."

To make sure all the students in government classes could experience the program, two classes were combined each period. Members from each class were chosen to play roles: defendant, lawyer, district attorney, judge, etc.

Although the students were only given the information about each case the day before, the groups still had lively discussions.

"In these legal issues there are no clear answers," said Jeffrey Snyder, a lawyer with Thoits, Love, Hershberger & McLean, who helped guide the discussions. "They really got to think critically, think on their feet."

After the students went back and forth on the case, the judge had to make a decision. The judge for the fourth period classes was sophomore James Corning.

In the CalTrain case, Corning had to decide whether to allow the evidence to be heard. Police got the plans of the CalTrain tracks out of a locked briefcase in the trunk of the student's car, which was in a high school parking lot.

"I don't think they should be able to use the evidence, because they got it out of my car without a warrant," said Eli Zoback, who was playing the role of the defendant. "And T-shirt and jeans, that's like the most common dress for high school students. Just look around."

Joe Mattoioli, who was one of the prosecutors, quickly rebutted.

"The drawings were of the area where the accident happened," he said. "And his teacher said his project on train accidents was the first A he got all year. He usually gets C's."

Snyder and Kleigh Hathaway, a lawyer with Nolan & Armstrong also participating, said told the class that students "lose their rights when they step onto campus each day."

"In the end I decided that the issues (with the police search) weren't sufficient to overturn the evidence," Corning said. "I don't think it's right that students lose their rights at school. But that's what the law says."

Corning said he learned a lot in the one period.

"I thought it was beneficial," he said. "You got to experience the feel of a real trial."

The CalTrain scenario, and a handful of others, were created by Dan Barton and E. David Mark, members of the Palo Alto Area Bar and creators of the "Lawyers in the Classroom" program.

The program has proved so successful that it won the award for Innovative Education Programing from the American Bar Association.

Perhaps some future lawyers or judges will be inspired by their Lawyers in the Classroom experience. Though hopefully none will need it to defend themselves in court. 

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