Airmen go inside sexual assault case as actors in mock trial

  • Published
  • By Jim Fisher
  • Kirtland Public Affairs
The sexual assault mock trial, conducting a final performance Friday at 1 p.m. at the Phillips Conference Center, is designed to make the topic of sexual assault real for the audience. People attending are even asked to play jurors and vote on a conviction or acquittal after the trial. But whether the trial hits home is also dependent on the actors playing the alleged victim, accused, attorneys and witnesses.

These actors are tasked with conveying the grief and gravity of the situation, according to Staff Sgt. Cassandra Nutter, who plays the role of the victim.

"How well I act makes a difference to the audience, because if I am not doing a very good job, the audience may side more with the defense," said Nutter, a budget analyst with the 377th Comptroller Squadron. "It's important that I bring that out so they can truly feel the issue." 

Nutter became involved because of prior acting experience. Before enlisting nearly 10 years ago, she took acting classes and performed in community theater. Most of the actors however, are on staff at the Kirtland Legal Office, tapping their professional experience to bring the case to life. The mock case is all too real for attorneys Capt. Paul Clawson, who plays defense counsel, and Maj. Dan Tull, the mock trial's military judge. Both attorneys are with the 377th Air Base Wing Staff Judge Advocate office.

"The fact pattern in this case is not that unusual," Clawson said. "Like in an overwhelming number of cases, alcohol is involved, the victim and accused know each other, and there are conflicting accounts from witnesses."

Tull said as a prosecuting attorney, dealing with some of the more negative aspects of human behavior is "an everyday occurrence."

For Nutter, the emotional aspects of delving into the role of the victim demand concentration.

"That's one thing that can throw people off the script. When you are getting to an emotional part, that's when you have to stop and pause, and make sure to help everyone to feel the breadth of the situation," she said.

For the attorneys, the gravity of the situation and professional standards keep them detached, as they would be during an actual trial.

"I am taking on the role of an attorney--I am the defense counsel in this case, and so I do try to present with passion" Clawson said. "There are times when there is empathy for the entire situation, for everyone involved, but we try to stay as objective as possible to make determinations about how these cases should move forward."

Still the dialogue between Nutter and Clawson during cross examination is intense, as the defense counsel tries to expose inconsistencies in the victim's behavior and testimony. Both actors also acted in the production last year, and Clawson said there is an authenticity between the characters.

"She does an outstanding job," Clawson said. "When we are rehearsing, and her and I are looking at each other, I really feel like I'm beating her down."

If the actors do their jobs, they believe the audience should be left with a sense of the tragedy that occurs in people's lives in a sexual assault case, and examine what consent is in the context of a very cautionary tale.

"Everyone takes a loss in a case like this," Nutter said. "Guilt or innocence aside, it's what people go through and how they feel after they have made these kinds of mistakes and these kinds of judgment calls."

The trial also attempts to more sharply define what many people consider gray areas when it comes to drinking and consent, Nutter explained, remembering as a young Airman being part of a social scene that was heavy on drinking and short on responsibility.

"I hope we are setting new standards, where it is not ok to go out and let your friends get blackout drunk and cross into gray areas," Nutter said.

Tull said the reality of a criminal proceeding is a message unto itself.

"For me the challenge is to convey the severity of sexual assault cases, and communicating to the audience that these cases come with real courts, real federal judges, court reporters, prosecutors, defense attorneys, and real convictions and jail time," Tull said.