Current Case for NYS Mock Trial

The 2017 Mock Trial Case was released on November 23.

This year’s case is "Robin Berkman v. County of Dover." In this civil case, a convenience store was robbed and the store clerk was shot. Witnesses identified the suspect by only the name “Robin.” The Detective who investigated the crime focused on Robin Berkman as the prime suspect. Robin was eventually arrested and charged with the robbery and attempted murder of the store clerk. After a trial by jury, Robin was found guilty and sent to State prison. Robin, who always denied committing the crime, contacted the Actual Innocence Association (AIA) while in prison. The AIA reviewed the case and, convinced that Robin was innocent, asked the District Attorney to reopen Robin’s case. The DA’s office did so and found that another person who was confined to another State prison had confessed to committing the robbery and murder. Robin was exonerated and released from prison. Robin subsequently filed a lawsuit for malicious prosecution against the County and its agents, stating that Detective Smith, who had originally investigated the robbery/murder, did not pursue any other suspects and focused solely on Robin as the perpetrator of the crime. Robin is seeking monetary damages for the malicious prosecution.    


ATTENTION MOCK TRIAL PARTICIPANTS: Correction Memos and Revised Materials have been issued for the 2017 Mock Trial Case "Robin Berkman v. County of Dover.

When a Correction Memo is issued, it is important that you be aware of the following:   

• You must print ALL correction memos and ALL revised pages to ensure you are using the most current version of the case.    

• All revisions to the case materials take effect immediately.    

• You must discard the current page(s) and replace them with the latest revisions.    

March 1, 2017 - In response to an item brought to our attention today, please make the following edit to your copy of the case materials:

• Page 78, in the Affidavit of Sam Perkins, paragraph #5, please replace "Wilmington Police Department" with "Dover County Sheriff's Department."  
Please advise your teachers and judges about this edit right away. We apologize for any inconvenience.   

Please click on the following links to print the Correction Memo(s) and Revised Pages of the case materials:   

Correction Memo #2, dated February 7, 2017

Revised Pages:    

Table of Contents

Page 57-R2: List of Stipulations

Pages 121-New - 124-New: Verified Complaint

Pages 125-New - 128-New: Verified Answer

Robin Berkman v. County of Dover (Entire Case)-  Includes all revisions to date. (NOTE: These revisions supercede any previously revised pages from previous Correction Memos).  It is NOT necessary to reprint the entire case. This is provided as an option if you choose to do so.    

Correction Memo #1, dated January 19, 2017

Revised Pages:    

Table of Contents

Page 39-R1: Addition of Rule 407 to Exceptions to Hearsay Rule

Page 57-R1: List of Stipulations

Page 59-R1: Berkman Affidavit     

Page 65-R1: Connolly Affidavit

Page 68-R1: Corbett Affidavit - DO NOT USE.  Please replace with Page 68-R1.1 below.    

Page 68-R1.1: Corbett Affidavit Revision #2 - January 23 to correct missing lines in paragraph 13
Page 75-R1: Smith Affidavit

Robin Berkman v. County of Dover (Entire case)- Includes revisions from January 19, 2017 and the additional January 23 revision of page 68.R-1.1  -  It is NOT necessary to reprint the entire case. This is provided as an option if you choose to do so.