Carmen Capella Direct

Question 1

Good [xyz]. Could you introduce yourself to the jury?

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Answer 1

Good [xyz] …. My name is Carmen Capella

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Question 2

Could you please tell the court about your involvement in today’s case?

Answer 2

Of course. I had a sweet westie, a westland terrier, named Sally. She…unfortunately passed away recently, but I’m here to testify about her.

Question 3

I am so sorry for your loss, Ms. Capella.

Answer 3

Thank you.

Question 4

I would like to direct Your Honor, opposing counsel, and Ms. Capella to Exhibit P3 on page 60 of the Mock Trial Workbook.

Answer 4

n/a

Question 5

Ms. Capella, do you recognize this photograph?

Answer 5

Yes, I do.

Question 6

What is it?

Answer 6

It’s a picture of my little angel, Sally.

Question 7

Your honor, permission to move Exhibit P3 into evidence.

Answer 7

n/a

Question 8

Your honor, may I approach the jury with Exhibit P3?

Answer 8

n/a

Question 9

Now, Ms. Capella, after meeting Sally, what were your initial impressions of her?

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Answer 9

I thought she was the most perfect dog. It was love at first sight. (6) Sally was incredibly unique in the sense that she was easily trained, had good behavior, and we were incredibly comfortable with each other. (9-10)

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Question 10

How did you handle care with her?

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Answer 10

I always made an effort to care for Sally. I brought her to regular grooming and puppy training appointments. At one of these grooming sessions in September 2022, I was approached by a dog show handler who wanted me to enter Sally into these dog competitions. (12, 18, 28)

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Question 11

Did you have initial intentions of showing Sally?

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Answer 11

I wasn’t so sure about showing Sally at first, but after some consideration, I decided to set her up for training sessions to enter her into competitions. (28)

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Question 12

Let’s talk about these competitions. How did Sally’s first competition go?

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Answer 12

It went spectacularly! Out of 40 dogs, Sally came out on top, winning Best in Breed and then Best in Show! Sally seemed to love the spotlight, and she received a lovely trophy. (31-33)

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Question 13

Did you continue entering her in competitions after this?

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Answer 13

Yes, there was no stopping us! We entered state and regional competitions, all of which she was a star. We brought home pet products and some monetary prizes. (34-37)

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Question 14

What was Sally’s biggest competition?

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Answer 14

The American Accredited Breed Dog Show, of course! ((Let me set the scene:) It’s a nationally recognized competition with SO many dog owners! The place is bustling with people! And, the competition had major dog food endorsements, and even a $100,000 best-in-show prize! I just knew Sally had a shot. (38-41)

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Question 15

How did the competition turn out?

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Answer 15

It was all very exciting. Sally won first in her division and then moved on to win Best in Show! It was a really happy time for us. (42, 48, 50, 52)

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Question 16

What happened after that competition?

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Answer 16

Well, at home, I noticed Sally scratching a lot, trying to gnaw at the tip of her tail. I figured it might be some anxiety, but then I noticed signs of fleas when I groomed her. She was around a lot of dogs at the show, so it made some sense for her to have fleas. (58-61)

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Question 17

What, if anything, did you do about the fleas?

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Answer 17

I bathed her using some flea shampoo, but the fleas came back, so I applied some Petzicon flea treatment according to the instructions to help her. (61-64)

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Question 18

Did this treatment help Sally’s condition?

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Answer 18

No. Within minutes, I knew something was awfully wrong. Her hind legs were dragging, she was leaning to one side, and she couldn’t jump or move properly. It was terrible. (65-66)

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Question 19

What, if anything, did you do after you noticed Sally’s condition?

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Answer 19

Well, I wanted to take her to a vet immediately/right away but had to wait for the nearest one to open in the morning, so I made her as comfortable as I could and, in the morning, took her right away to our vet, Dr. Delani. (67-70)

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Question 20

So what did Dr. Delani say was the cause of Sally’s condition?

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Answer 20

Dr. Delani suspected that her condition was the result of an over-the-counter flea treatment, bringing up Petzicon’s history of containing dangerous pesticides that had impaired or killed animals even before I mentioned the brand. (70-74).

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Question 21

And what did Dr. Delani tell you about how to help Sally recover?

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Answer 21

Well, the vet told me I could let Sally rest there and expect a full recovery in two or three days. I was relieved. But two days later, Sally died in my arms. (83-84)

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Question 22

How did Sally’s death impact you?

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Answer 22

Sally was my best friend, my most perfect companion. Losing her was losing my happy future. She can never be replaced. (85)

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Question 23

Thank you, your honor, no further questions.

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Answer 23

n/a

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