Summer legal intern, Anna Mae Engel, accompanied GNIP’s managing attorney, Andrew Markquart, to Mississippi to support during the evidentiary hearing for GNIP’s client, Amy Wilkerson. Amy has been incarcerated for a crime that she did not commit for 18 years. Below, Anna Mae details what it was like as a law student to attend the hearing and collaborate with the legal team to support Amy’s case.
Have you ever wanted to take a peek into the life of a law student? It mostly consists of reading the class textbook, combing through notes from lectures, creating study outlines, practicing hypotheticals, reading cases, cases, and…(you guessed it) more cases!
As a law student, one reads all about the processes of a trial but rarely (if ever) gets to participate in one. As a summer legal intern for GNIP, I have had the privilege of screening cases and doing investigative work into claims of innocence. Since post-conviction proceedings can take years to move to the trial stage, you can imagine the elation and euphoria I felt when I was given the opportunity to join the trial team for Amy Wilkerson's case in Pascagoula, Mississippi.
Anna Mae (left) pictured with GNIP Managing Attorney Andrew Markquart, pro bono attorney Jim Volling, and pro bono attorney Rory Collins, both of Faegre Drinker law firm.
Upon arriving at the hotel in Pascagoula, Mississippi, one of the first acts of business that took place was determining which room would be designated as the "war room". I thought this phrase was a bit of satire until I arrived the next morning to see what I can only describe as a war room. I was taken back by the amount of paper, binders, and supplies that would come to be used through every step of the trial. Most of the table was covered by documents, the lounge chair in the corner of the room was filled with exhibit binders, the binders containing expert exhibits were lining the wall along with Mississippi law books, and the room smelled of coffee.
I was told that a large part of my responsibilities would consist of managing the exhibit binders. This may sound simple--to be honest, I thought this task would be practically effortless--until I saw the binders. They were massive! So massive, in fact, that the binders themselves were beginning to break. I was absolutely stunned by the number of exhibits that would be used in the trial. Thus, my first official task was to purchase more binders from the Office Depot down the street and separate the exhibit binders into two volumes. Once this task was complete, my daily task was to keep track of what materials were admitted into evidence and adjust the binders accordingly.
Prior to my position as a legal intern for GNIP, I worked as a law clerk for the City of Minneapolis. There, I had the opportunity to work in the courtroom on a daily basis in helping with first appearances, however it was not common for law clerks to participate on the trial level. One of my first realizations when the Wilkerson trial began was how different the atmosphere is when comparing a first appearance to an actual trial. From my perspective, while the environment was friendly, the atmosphere was tense. In law school, one of the first things you are told is that a real-life trial experience is nothing like what you see on television. While this tidbit is true, there are still aspects of trial that can be quite dramatic. As a legal intern with background knowledge about trial preparation and proceedings, I was able to piece together a relatively accurate predication of what I would observe but there were a handful of things I did not expect to happen. I did not expect the trial to continue on without a hitch when a tornado touched down five miles away and the courthouse power went out ("Welcome to Mississippi, folks”). And, I did not expect to see so many friends and family packed into the gallery in support of Amy Wilkerson every single day of the trial.
One of the most surprising aspects of this trial experience was how quickly things could change. During one of the last days of the trial, the opposing party objected to the testimony of an expert witness - this was unexpected and ultimately caused a ripple effect. Andrew Markquart, GNIP’s managing attorney leading this case, made the swift decision to make an oral argument on behalf of the would-be expert witness. While the judge ultimately ruled against the expert witness taking the stand, Andrew’s oral argument was an important piece to help supplement the case in lieu of the expert. From my perspective as an observer, Andrew’s oral argument sounded prepared, confident, and convincing. If I didn't have a "backstage pass" as a legal intern, I don't think I ever would have known that his argument was essentially created on the spot without any type of rehearsal or practice. As a law student, some courses require that we present an oral argument, practice depositions, or perform mock witness examinations, but those are all greatly practiced and rehearsed beforehand. This specific experience in Mississippi showed me that things are not cookie-cutter perfect in trial - adapt and overcome is the name of the game.
One of the most important things I learned was how important it is to utilize those around you. Whether it is to bounce ideas off of them, ask for advice, brainstorm, or just practice - utilizing the support from the individuals on your team is essential to success. Every time the team was together in the war room at the hotel or break room at the courthouse, the attorneys would constantly be utilizing each other in ways that helped solidify the case. Not only did the communication help with the team bond, but it also created an atmosphere of confidence and overall strength. As a legal intern and law student, I didn't think I could offer much to the team aside from administrative tasks, but I learned very quickly how important my outsider insights could be. In the beginning, I often felt like I was stepping out of my line as a legal intern when I would offer my own insights on topics, but I quickly learned how appreciated those types of insights were. Legal interns can offer a fresh set of eyes to subjects and offer new perspectives to topics or issues that seem mundane. The team was always incredibly appreciative of the work I was doing and the insights I offered. I learned that no matter how small a task may seem or feel, that task can help make a lasting difference towards the ultimate goal.
It's been about a month since the trial now, and I still feel emotional when reflecting back on my experiences as a legal intern on the trip. I had never in my life been into a jail before this trip - I still remember the specific details of what I saw, what the atmosphere was like, and I will never forget meeting Amy Wilkerson for the first time. She has been wrongfully imprisoned for almost two decades of her life now, and yet she walked into the room with a kind and positive demeanor. I think I was expecting to greet a person who projected hopelessness, but Amy was just the opposite. She was so full of hope, faith, and optimism.
Despite literally just joining her case two days beforehand, Amy greeted me as if I had been a part of it from the very beginning. She was so immensely appreciative of all of us for being there for her. More specifically, she told us multiple times "thank you for believing me" which pulled so hard on my heart strings. I've always believed in the Great North Innocence Project mission, but seeing the impacts firsthand is on a whole different level. Legal interns screen and investigate cases, and even have opportunities to speak with the client or witnesses, but getting to play an active role in the trial was in a once-in-a-lifetime experience that has permanently shaped who I am as an advocate and future attorney.
I'll never forget the look on Amy Wilkerson's face when she thanked us for believing her and I'll never forget the look in her eyes each time she saw her family sitting in solidarity and support of her. That look has and will always be the reason that I joined the legal profession.