mock trial cases written in new mexico . . .

State of New Mexico vs. Julie Starr

Julie Starr graduated from Benjamin Franklin High School in Silverado, New Mexico, on May 29,1998. She was 17 years old and an active and successful student who had received a scholarship to Stanford University. Starr was also seven months pregnant, and was expected to give birth at the end of July 1998. It was her intent to give the child up for adoption.

Following the graduation ceremony on May 29, Starr attended a party that evening at the home of another 1998 BFHS graduate, Ceci Irwhine. Unbeknownst to Ms. Irwhine's parents, a keg of beer and some cases of bottled beer had been hidden in a storage building behind their house. Several of the guests, including Starr, visited the storage building during the party to partake of the alcohol.

During the party, some of the graduates, including Starr, decided to drive to the Grand Canyon in Arizona to watch the sunrise. At approximately 10:30 p.m., Starr left Silverado alone in her sports utility vehicle, a 1995 Isuzu Trooper, driving west on I-29, where the speed limit varied, depending on location, between 65 mph and 75 mph. A little more than an hour later, approaching Rye, New Mexico, and still on the interstate, Starr lost control of the vehicle, struck the guardrail, and rolled over several times.

Detective Jo/e Martinez, who had been proceeding east on I-29 but had turned around to follow Starr after she had passed him, driving, according to her/his testimony, erratically and at a high rate of speed, was first to arrive at the scene of the accident. S/He administered a field sobriety test, which Starr failed, and three breathalyzer tests with results of .04, .07 and .08. Starr was transported by ambulance to New Mexico College Hospital, where her baby was delivered by emergency cesarean section at 5:30 a.m. on May 30, 1998. The four-pound boy, Baby Doe, died two days later.

Cytogenetic testing confirmed that he had been born with Trisomy 13, a chromosome disorder that causes severe mental retardation, physical abnormalities and, often, death. Starr has been charged by the Rye County District Attorney with Homicide by Vehicle in the death of her son.

At trial, the prosecution will call Tracy McKenzie, a friend of Starr's who will testify that Starr drank alcohol at the graduation party; Detective Martinez, who will testify that Starr's intoxication and recklessness caused the accident; and, Dr. Stefanie/Stefan Tinnerino, who will testify that the accident caused the death of Baby Doe.

The defense will call Starr's sister/brother, Michelle/Michael Starr, who will testify that Starr was not impaired when she left Silverado; Dr. Paula/Paul Hanabar, who will testify that the accident was not caused by Starr's drinking but by the instability of the vehicle she was driving; and, Dr. Erica/Eric Neil, who will testify that Baby Doe's death was not caused by the accident but by his birth defect.

Both the prosecution and the defense are ready to proceed in the matter of State of New Mexico vs. Julie Starr.

Written By

David Berlin, Esq.

Michelle Giger

Karl Johnson, Esq.

H. Nicole Schamban, Esq.

Thanks to

Darryl Cordle, Esq.

Jessica Hass

Mothers Against Drunk Driving

Neil Schamban, MD