
DATE: Friday, May 9, 1997                   TAG: 9705070167

SECTION: CHESAPEAKE CLIPPER      PAGE: 06   EDITION: FINAL 

TYPE: COVER STORY 

SOURCE: BY ERIC FEBER AND JOHN-HENRY DOUCETTE, STAFF WRITERS 

                                            LENGTH:  167 lines

WORLD VS. TRUMAN GREENBRIER CHRISTIAN STUDENTS BRING HISTORY AND GOVERNMENT TO LIFE IN MOCK TRIAL AT REGENT UNIVERSITY.

A JURY FOUND President Harry S. Truman not guilty of crimes against humanity during a two-week trial that concluded last Friday at Regent University School of Law.

A little late, you say? Hasn't the statute of limitations run out by now, you wonder?

Not in this case.

Truman's decision to drop two atomic bombs on Japan in 1945 brought an end to World War II, but it set off a debate that continues today: Did Truman make the right call?

A mock two-week trial by students in a junior-level U.S. government class at Greenbrier Christian Academy set out to help answer that question. But in preparing for the trial, they found the importance of their work was not so much in the answer as in the process of getting there.

From April 16 until May 1, Gabriel Vogel's first-, fourth- and seventh-bell classroom at Greenbrier Christian was transformed into a Chesapeake circuit court, presenting ``The World vs. Harry Truman.''

But on the trial's final day, May 2, the mock courtroom at Regent University School of Law, provided the setting for the verdict.

``I wanted to hold at least one session in some type of courtroom setting to give my students the opportunity to experience a real trial sensation,'' Vogel said of Regent's spacious hall with an elevated mahogany-toned bench.

``I hold programs like the trial to give my students as many hands-on, living-history activities as possible. I feel it forces them to pay very close attention to history and its related subjects. They learn things they never knew and it makes history come alive and seem relevant to them.''

Craig J. Geddes, 15, a British citizen living in Chesapeake, thought it was ``cool'' to be a part of the American legal system, even if it was a hypothetical part. He was one of three young jurors who found the president not guilty.

Josh M. Rockwell, 16, who played the part of Truman, said the exercise, which was video-taped, opened his eyes to the legal profession.

Shae E. Ragusa, 15, a Virginia Beach resident, enjoyed her win in the courtroom, and the project as a whole.

``I liked the opportunity to be able to research things about history I didn't know before,'' she said.

The exercise was begun at the school by former Greenbrier Christian faculty member Scott Williams, who now teaches at Atlantic Shores Christian School. Vogel gladly took over the program, saying the exercise would force participating students to carefully re-examine and re-study World War II history and all of its related subjects.

``They have to know international law, the climate and political mood in the United States during the end of the war, facts about the war and its main players,'' Vogel said. ``Now the history made more sense. They were using it for something.''

Ladies and gentlemen, all rise for Case No. 442, ``The World vs. Harry S. Truman,'' the honorable Judge Abbey D. Thompson presiding.

Thompson, 16, walked quickly from chambers to the bench, sat and called the mock trial to order.

Sean M. Hanke and Dawniqua N. Linyear, both 17, played the prosecuting attorneys. They faced the Truman dream team of Lance A. Wright, 17; Matthew Backens, 17; and Ragusa.

Hanke went to work on Truman, tossing hard-ball questions while subtly trying to erode the jury's understanding of the international support that Truman had from the Allies. The prosecution team attempted to prove that Truman had other options and that dropping the atomic bomb on Hiroshima and Nagasaki was unnecessary.

But Truman stuck to his guns.

The Missouri Democrat stayed stern in his declaration that a naval blockade or a conventional invasion would have ended up costing American lives.

``Why didn't you invade?'' asked Hanke.

Because it may have cost 250,000 to one million American lives, the president answered. To that Truman added matter-of-factly, ``This is not good.''

``Why no blockade?'' the prosecution asked.

Again Truman said he feared a lingering war and American losses.

``So you're saying American lives are more important than Japanese lives?'' Hanke asked

Truman leaned forward. ``I'm saying, that as the American president my job is to save American lives.''

``As American president, you're the leader of the free world,'' shot back Hanke.

Truman agreed. But we were at war, he reminded.

The trial plans were based on a program published by the Interact Company in Lakeside, Calif., whose motto is ``Learning through involvement.''

The program consisted of sheets outlining the dilemma facing Truman, the options he could have used, trial procedures and rules based on American law and the Nuremberg Trials, general student historical guides, and the military and political situations in Japan, the United States and Europe.

There were also sheets profiling individual prosecution and defense witnesses, which included such notable historical figures as Soviet leader Josef Stalin, Truman, Gen. Dwight D. Eisenhower, the commander of the Army; Air Force Gen. H.H. ``Hap'' Arnold, U.S. Ambassador to Japan Joseph C. Grew, and J. Robert Oppenheimer, developer of the atomic bomb.

Before the trial, Vogel said he brought in Norfolk attorney Brett Lucas, a father of one of the students, to discuss proper trial procedure and techniques of examining and cross-examining witnesses.

``He talked about what the prosecution must do, what the defense must do and all the court tricks and procedures involved in conducting a trial,'' Vogel said. ``We tried to make this as legitimate as we could.''

For two weeks before the trial, students performed investigative research, met at libraries, learned about natural law, international law and watched films about World War II and famous trials. Defense and prosecution teams planned sleep-overs and went over strategies, facts and procedures.

When the trial began, Vogel stepped back and let the students take over.

``It was no longer, `Mr. Vogel, can we do this? or Mr. Vogel, what should we do here?,' '' Vogel said. ``I just shrugged my shoulders and told them to ask the judge. I was just the bailiff, not the teacher and not the one in charge. I gave my students something to totally take charge of. I wanted it to be like the real thing, as legitimate as possible.''

The defense presented a case that Truman had consulted with international leaders and advisers, including the heads of the Manhattan Project, which developed the bomb. They took the prosecution to task for badgering the president.

Through it all, Judge Thompson twirled a pencil in her hand. She wisely let her gavel rest, until all five attorneys approached on a disagreement and Linyear and Backens had words over a new document.

``It's not known to us,'' Backens said as he pointed at Truman. ``It's not known to him.''

He inadvertently reached over Linyear.

``Get your hand out of my face,'' she said.

``Please hold it down,'' said the judge.

Order returned until the judge was called off the bench. She had to run the hurdles in a track meet. Linyear was called away, too, to run the 100-meter dash.

Vogel stepped in as the judge.

``It is your job as jurors,'' Backens said during closing arguments, ``to determine the prosecution has proven, has proven, has proven beyond a reasonable doubt that my client is guilty.''

Backens, a little worked up, hit the jury stand with his palm each time he said ``has proven.''

In the end, the jury agreed with the defense. On all counts, the jury found Truman not guilty.

``I really got into it,'' Backens said. ``I learned it's pretty hard work to be a lawyer. We had to research, like, every witness. I also learned how important it is to be confident. It's how you say things. This is the most fun I've had in a government class.'' ILLUSTRATION: Staff photos including color cover by STEVE EARLEY

Josh Rockwell, right, portraying President Harry S. Truman, answers

questions from defense attorney Shae Ragusa, as judge Abbey Thompson

presides over the mock trial in a courtroom at Regent University's

School of Law. Truman faced criminal charges for dropping the A-bomb

on Japan.

Josh Rockwell, a.k.a. Harry Truman, works with defense attorneys

Shae Ragusa, left, and Matthew Backens. Backens said of the trial,

``This is the most fun I've had in a government class.''

Abbey Thompson, serving as judge, kept things in order until

abandoning the bench to run hurdles in a school track meet.

Prosecuting attorneys Sean Hanke, left, and Dawniqua Linyear, both

17, go over strategy before questioning witnesses. Hanke had some