The curious case of Banjo Patterson

Did "Banjo Patterson" hide drugs in a child's backpack, or was he the victim of bad luck?

That was the question Sandpoint High School students had to decide in their roles as jurors in a mock trial as part of Wednesday's Law Day activities.

"We just want to interact with the kids," Magistrate Judge Lori Meulenberg said of the decision to hold a mock trial as part of a statewide Law Day, a day of education and celebration of the legal system and its role in society.

Patterson was driving near the fairgrounds with his friend, known only as Jimbo when he was pulled over for speeding by Sandpoint Police.

In his initial appearance, Meulenberg explained that the hearing would determine Patterson's rights, the charges faced, and potential penalties. The hearing also sets out a potential bond and any conditions for release, as well as whether an attorney would be taking part in the proceedings.

After being pulled over, Patterson was charged with felony possession of fentanyl, misdemeanor possession of marijuana, and possession of drug paraphernalia with intent to use, Meulenberg said in outlining the mock charges.

After outlining the potential penalties, Meulenberg explained the defendant's rights, including the right to remain silent, to have an attorney, and that they are presumed innocent until proven guilty at trial or decide to plead guilty. Because the case includes a felony charge, Patterson also has the right to a preliminary hearing, where a prosecutor must convince the judge enough evidence exists to charge a defendant. If that occurs, the case would be bound over to district court for trial.

A plea would then be entered before a district judge, with the right to a speedy trial before a jury of their peers or a judge, unless waived by the defendant. The burden is on the state to prove guilt beyond a reasonable doubt, Meulenberg said.

In the mock case, the state argued that because the defendant has no ties to Bonner County and due to the nature of the charges, he should meet bail and testing requirements. However, public defender Luke Hagelberg countered that Patterson — played by SHS teacher Conor Baranski — was a family man with two small children and had been cooperative with police.

Quickly moving to the mock trial, 12 SHS students were invited to act as jurors, being advised that if they were truly being picked, they would first have been asked a series of questions to ensure they were impartial and were willing to be fair and apply the law in a fair manner, Berecz said.

In arguing for the state in the mock trial, Bonner County Prosecutor Louis Marshall said the case was about "good old-fashioned police work," with Sandpoint Police Chief Corey Coon bringing more than 30 years of experience to the table. Coon was watching for speeders on N. Boyer Road by the fairgrounds when he stopped Patterson, according to testimony in the mock trial.

After agreeing to a search of his vehicle, drugs were found hidden in a child's backpack.

"The problem was, Mr. Patterson was driving through our city with a substance that's not oregano," Marshall told the faux jury, holding out an evidence bag. "The facts will show that's marijuana."

However, Hagelberg said that while Patterson might have been charged with the crime, that didn't mean he was guilty.

"That's why we have trials," he told the students in their guise of jurors. "Now Banjo is presumed innocent, and he remains innocent until the state convinces each and every one of you of his guilt beyond a reasonable doubt. That is a very important phrase. If the state can't do that, if they can't meet that high burden … you must find Banjo here not guilty."

In testifying, Coon said he noticed Patterson speeding and, after getting permission to search the vehicle. In the mock trial, the script detailed that drugs were allegedly found in two spots in the car: Marijuana in the front console between the seats and fentanyl that resembled candy, as well as adult male clothing, was found in a child's backpack behind the driver's seat.

Patterson was questioned, while his passenger was briefly patted down but not extensively questioned. While the mock defendant denied knowledge of the drugs, the police chief noted he was able to identify the backpack as connected to a specific children's cartoon.

After a video showing the mock traffic stop, Coon was cross-examined before Patterson took the stand, saying he wanted to testify because he knew he was innocent.

"I want my words to be part of what liberates me from this unfair trial," he said.

Patterson testified that any number of people had access to his truck, from the mother of his children to friends who had gone on a fly-fishing trip with him. He emphasized his cooperation, noting that it came from the knowledge that he was innocent. As to the backpack where the drugs were allegedly found, Patterson denied it was his or his children's, and denied knowing the substances were even in the vehicle.

"We are a Bluey family," he testified. "That's a Blue's Clues [backpack]. I don't even know anything about that cartoon."

In instructing the students to deliberate — which was limited to several minutes due to the mock trial going longer than expected — Berecz told them that the state has the burden of proving a defendant guilty beyond a reasonable doubt.

"Reasonable doubt is not a mere possible or imaginary doubt. It isn't doubt based on reason and common sense," the district judge told the students in their roles as jurors. "It may arise from a careful and impartial consideration of all the evidence or from a lack of evidence. If, after considering all the evidence, you have a reasonable doubt about the defendant's guilt, you must find the defendant not guilty."

When the students came back into the room, they were split, with half of the 12 voting for conviction and half voting that he was innocent.

If the case were a real one, Berecz said they would debate the facts of the case in more depth, perhaps watching the video of the traffic stop again or examining the state's evidence.

"I know this was pretend, but did you have like a sense of responsibility when you're sitting there as a juror, that 'I got to figure this out'?" Berecz asked the students. "It's a really serious responsibility. But it's kind of amazing. It's unique among justice systems that we have juries. You don't have that in Europe; you don't have that in Asia or Africa. You don't have that anywhere other than here, and it's a really cool part of our Constitution."

The goal of the mock trial and a companion presentation on civil law was to give the SHS government students a first-hand look at the legal system. In Wednesday's "trial," students got to be a part of an initial appearance, where a defendant learns what charges they face, associated penalties, and their rights.

The mock trial was one of two Law Day events held in Bonner County; the other featured civil law, or, as magistrate judge Tera Harden referred to it in the PowerPoint slides, "a legal introduction to adulting."

In the civil law presentation, the students learned from local attorneys and judges — each with a connection to Bonner or Boundary County. Attorney Zach Jones attended Sandpoint High School, as did District Court Judge Susie Jensen, while Magistrate Judge Tera Harden grew up in Bonners Ferry.

The trio explained that civil law is diverse and wide-ranging, covering everything from civil commitments to small claims, where someone can sue if payment is not made and is under a certain amount. While it's likely many of the students may never be involved in a criminal trial, it's likely they may be impacted by an area of civil law such as probate or a will. 

The students also learned about family law, the importance of responding to a summons in a case, what happens in civil cases, and the importance of keeping receipts for major purchases.

    C. Banjo Patterson (played by Sandpoint High School teacher Conor Baranski) listens as Magistrate Judge Lori Meulenberg presides during the initial appearance portion of a mock trial held as part of a Law Day education event for Sandpoint High School government teachers.
  

    Sandpoint High School government students listen as court officials outline what will take place during a Law Day education event on Wednesday.
  

    Sandpoint Police Chief Corey Coon testifies during a mock trial during a Law Day education event to teach local government students about the law, both criminal and civil.
  

    C. Banjo Patterson (played by Sandpoint High School teacher Conor Baranski) and members of the mock jury listen to the judge during a mock trial held as part of a Law Day education event on Wednesday. The pretend trial and a companion civil law presentation were designed to teach students about the law.
  

    Magistrate Judge Tera Harden talks to Sandpoint High School students about civil law during Wednesday's Law Day education event.
  

    Public defender Luke Hagelberg, Sandpoint High School teacher Conor Baranski and Bonner County Prosecutor Louis Marshall take part in a Law Day education event. The mock trial, held as part of Wednesday's event, was designed to teach students about the law.