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Please update Counts One and Two of the indictment on p. 32 of our 2007-2008 High School Mock Trial Workbook as follows:

Replace "by injecting … with erythropoietin" with "by administration of erythropoietin and/or reinjection of red blood cells to said Chris Fisher."

Stipulation #4 on page 31 of our 2007-2008 High School Mock Trial Workbook has been revised as follows:

4. It is stipulated that Lin Fennimore Richman is allowed by law to disclose his/her private conversations with Chris Fisher to the Metropolitan Prosecutor's Office and at the time of trial.

Regarding the Jury Charge, please delete the last paragraph on p. 34 of our 2007-2008 High School Mock Trial Workbook and replace it with the following:

In this case, the State contends that the defendant, Avery Fisher, artificially increased Chris Fisher's red blood cell count, resulting in polycythemia. The State contends that the administration of erythropoietin and/or the reinjection of red blood cells are only safe for patients low in red blood cells. The State contends that on or about October 19, 2006, the defendant used one of these methods, which caused polycythemia, which proximately caused Chris Fisher's death. The State asserts that defendant pursued this course of treatment even though s/he knew, or should have known, that Chris Fisher did not have a low red blood cell condition. The State claims that, in doing so, Avery Fisher consciously disregarded the risk of causing death. The defense, on the other hand, disputes these claims, and leaves the State to its burden of proof, which is beyond a reasonable doubt. I instruct you that the term "on or about October 19, 2006" means on that date or approximately or near to that date.

Exhibit 3 on p. 53 of our 2007-2008 High School Mock Trial Workbook is a reproduction of a poster which measures 24 inches by 30 inches. However, for mock trial purposes only the reproduction in reduced size as provided on page 53 may be utilized during the competition.

Regarding R. 5:4-7 on Cross-Examination on p. 22 of our 2007-2008 High School Mock Trial Workbook, delete the words "only as permitted by R.5:4-6" at the end of the first sentence. Replace it with: "(see exception to R.5:4-6)."

Regarding the gender of the deceased Chris Fisher, please note that Chris shall be the same gender as the witness playing the role of Joan/Jonah Wales. It will be the responsibility of teams to obtain this information during the pre-trial conference.

Although Mock Trial Statutes 2C:11-4(a) (1) and 2C:11-4(b) (1) are fully defined in the jury instructions beginning on p. 32 of our 2007-2008 Mock Trial Workbook, the language for the statutes was inadvertently omitted. Please insert the following between the Indictment and Jury Charge on page 32:

2C:11-4. Manslaughter.

a. Criminal homicide constitutes aggravated manslaughter when:

(1) The actor recklessly causes death under circumstances manifesting extreme indifference to human life.

b. Criminal homicide constitutes manslaughter when:

(1) It is committed recklessly.

There is a typo at the top of page 30 in the workbook under "High School Swimmer Dies." The word "internment" at the beginning of the second sentence should be replaced with "interment."

You can now download our 2007-2008 High School Mock Trial Workbook, which contains the case, rules and procedures.

A description of our 2007-2008 case follows:

Prep school swim coach and former Olympic star "Doc" Fisher faces charges of aggravated and reckless manslaughter in connection with the death of his/her child, Chris Fisher, a promising 16-year-old swimmer. Chris died after using a performance-enhancing drug.

To order the new, free Mock Trial Workbook containing the case, rules and procedures, please complete the form provided.

There is also a registration form for our free, annual High School Mock Trial Workshop for Teachers and Attorneys on October 29, 2007, 9:30 a.m. - 1:10 p.m. Please complete and return this form as soon as possible. Due to space limitations, we regret that we will not be able to accommodate students at this workshop.

PLEASE HELP US TO EXPEDITE YOUR ORDER AND/OR WORKSHOP REGISTRATION BY USING THE FORMS. The workbooks and workshop are free of charge.

Please note: The Official Competition Entry Form is in our 2007-2008 High School Mock Trial Workbook. Please fill out this form when you receive the workbook. You must submit an Official Entry Form by November 15, 2007 in order to enter the competition. THE WORKBOOK AND WORKSHOP FORMS ARE NOT ENTRY FORMS.

If you have any questions about the competition, please do not hesitate to call Sheila Boro at 732-937-7519, or e-mail sboro@njsbf.org.

A list of the 2007-2008 County Mock Trial Coordinators follows:

All of the New Jersey State Bar Foundation's programs and publications are made
possible by funding from the IOLTA Fund of the Bar of New Jersey.

New Jersey State Bar Foundation
New Jersey Law Center
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New Brunswick, NJ 08901
(732) 249-5000 Telephone
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