mock trial cases written in new mexico ...

Martha Johnson vs. Jonny Hays, Terry Brewster and the White American Separatist Party (WASP)

Rye, New Mexico, is a city of approximately 175,000 people. The city has experienced serious problems ever since the relocation back to Los Angeles of the Armor Disposable Diaper Recycling Plant in 1994. The huge plant left Rye because the city government failed to authorize $1 billion in industrial revenue bonds. As a result, the city has experienced serious unemployment, business failures and increases in crime and racial tension.

On November 13, 1994, Leon Johnson, an African American, his White girlfriend, Marilyn Overton, and one of their friends, all residents of the City of Rye, drove to Johnson's house from a party they had all attended. Frankie Sherwood, the driver of the vehicle in which they were riding, stopped the car in front of Johnson's home. Johnson and Overton exited the vehicle but remained near the car, visiting with Sherwood.

Earlier that same evening, Terry Brewster, president of East Side White Pride (ESWP), a local skinhead group, and several members of ESWP drove to a skinhead night club in downtown Rye to distribute racist literature provided by Andy Barrett, a member of the White American Separatist Party (WASP), who was visiting from Colorado. ESWP hoped to recruit new members who would join them in their battle to preserve the purity of the White race. Both ESWP and WASP are dedicated to the supremacy of the White race, and membership is limited to White persons of non-Jewish ancestry.

As Brewster, Barrett and the other members of ESWP left the nightclub, they headed back to their own turf on the east side of the river. After stopping at a mini-mart to pick up some beer, they headed down Belmont Street to drop Barrett at the motel where s/he was staying. After they let her/him out of the car, they continued cruising on Belmont, and after turning off on a side street, came upon Johnson, Overton and Sherwood. Harsh words were exchanged and an altercation ensued. As a result of the incident, Johnson died; Overton remains in a coma and is unable to testify. Brewster pled guilty to second-degree murder and assault and received a life sentence. The other persons in the car with Brewster that night have fled the jurisdiction and are not available to testify.

Martha Johnson, Leon's mother and the personal representative of his estate, has brought this wrongful death civil action seeking compensatory and punitive damages against Brewster, WASP and its president, Jonny Hays. The matter has been bifurcated for trial; only issues of liability will be tried in this first phase.

Written by

David Berlin, Esq.

Michelle Giger

Karl Johnson, Esq.

H. Nicole Schamban, Esq.

Mary Torres, Esq.

Thanks to

Southern Poverty Law Center

Morris Dees, Esq.

Judy Bruno, Esq.

Steve Fiffer

Martha Washington, Esq.