Does a confession always reflect reality? What role should forensic evidence play in determining a person's fate? If you're an attorney, how do you convey the complex meaning and relevance of forensic science to others?

Alvin Community College students enrolled in the criminal justice, paralegal and court reporting programs had the unique opportunity to address these issues, gain valuable courtroom experience and be part of an intriguing case with the help of attorneys from the Houston law firm of Berg & Androphy during a mock trial at the Friendswood Municipal Court on April 22.

"It provided a lot of experience for what police officers have to go through and showed us how things work in the criminal justice world," said Justin Cook, an ACC criminal justice student who wants to become a state trooper. "We had to take it seriously." Cook acted as the lead defense attorney during the scenario.

"It was interesting; it was basically a learning experience for all of us," ACC criminal justice student Andrew Goodnight conveyed. "I wanted to learn how actual courtroom proceedings go. This time I played the (lead) prosecutor…but next time I would like to play the defense so I can see it from both sides."

Since 2007, attorney and ACC criminal justice instructor Joseph Gutheinz has been coordinating a mock grand jury each semester to give students an opportunity to gain valuable experience on a case that is unfolding in the media so they can go through the "various stages necessary to bring about a final resolution of the case." This was the first time his students were able to participate in a mock trial, however.

"As a retired federal agent and a criminal defense attorney, I have had the opportunity to see law enforcement officers take the stand for the first time and either through nerves or inexperience blow it," Gutheinz said. "My mock grand juries and now mock trial are designed to give our future law enforcement officers experience before a friendly crowd, where they are free to make mistakes and learn from those mistakes."

In addition to giving ACC criminal justice and paralegal students a chance to apply the law to a situation, the mock trial provided court reporting students an opportunity to practice their skills with actual courtroom dynamics. The court reporting students also added to the realism of the event by performing their duties and making people in the courtroom responsible for proper communication.

The mock trial gave Berg & Androphy attorneys an opportunity to learn, as well, since it involved the actual case of their client Charles Raby, who was convicted and sentenced to death in 1994 for the brutal murder of 71-year-old Edna Franklin two years earlier.

Despite Raby confessing to the crime, Berg & Androphy partner Sarah Frazier said DNA evidence, not available during the original trial, and other evidence have failed to place him at the scene. She believes intoxication, fear and coercion may have been factors in the confession. Frazier has been working on the case since 2001. "We're waiting on a (trial court) judge to rule that the DNA results are favorable," she said.

"Meaning that had the results been available at the original trial, it is reasonably probable that Charles Raby would not have been prosecuted or convicted," said Stephanie Gutheinz, an associate with the law firm who is also Joseph's daughter-in-law. "In order for a new trial to be granted, the Texas Court of Criminal Appeals must decide that no rational juror would have convicted Charles Raby in light on the newly discovered DNA evidence."

"Even if the trial court rules that the DNA evidence is favorable, it is still very difficult to satisfy the heavy burden associated with a post-conviction request for a new trial," she continued. "We have a very difficult road ahead of us, but we are staying optimistic."

By using the ACC students to conduct the mock trial, it gave the attorneys an opportunity to gain an outside perspective. "We put on mock trials all the time to see how things 'play out,'" Frazier stated. "This will help me to learn what lay people make of evidence."

Following the mock trial, ACC students unanimously concluded that the DNA and other evidence presented created reasonable doubt in the conviction and a new trial was warranted.

"Law enforcement is not about getting convictions, but rather discerning the truth; it says a lot about the fundamental fairness of those entering into the criminal justice profession," Gutheinz said of his students' conclusion. "I was also very proud of my daughter-in-law, Stephanie, who served as judge at the mock trial."

"She and the firm she is working for are defending Charles Raby in real life, not for money but to promote justice," he added. "They are a credit to the legal profession."

PHOTO: Alvin Community College criminal justice student Justin Cook (below, right), of Danbury, listens to advice from Berg & Androphy attorney Rachel Grier for his lead defense argument during a mock trial at the Friendswood Municipal Court on April 22. The mock trial involved students from the criminal justice, paralegal and court reporting programs at ACC addressing an actual case. Representatives of the Houston law firm helped provide realistic courtroom experience for the students and used the mock trial to see how DNA evidence could play a role in a new trial for their client.

ACC Students Participate in Mock Trial with Houston Attorneys