A CASE OF ARSON AT THE MANSIONA Guided Mock TrialCreated for the State Bar of Texas, Law Related Education Department by YvonneGreenwood, 2009. All rights reserved. Permission is granted for these materials to bereproduced for classroom use only. No part of these materials may be reproduced inany other form or for any other purpose without the written consent of State Bar ofTexas. Mansion education efforts are collaboration with the Texas Governor’s MansionRestoration Fund, Texas Fire Marshal’s Office, the Austin Independent School District,and the Texas Education Agency.For more with information about The Governor‟s Mansion arson is encouraged tocall Crime Stoppers at 1-800-252-8477 or the State Fire Marshal‟s Office arsonhotline, 1-988-252-8477.NOTE: Curriculum will be field tested during fall 2009 at schools around Texas. Afterward,any necessary changes will be made. As teachers use the materials, anysuggestions/corrections are valued and should be sent to [email protected]

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Table of ContentsA Case of Arson at the Mansion: Outline of the guided mock trial. 5Background: History of the Texas Governor’s Mansion . 9Texas v. Taylor Glow—A guided mock trial . 11Attachment 1: Information for participants . 13Attachment 2: Brief of the mock trial . 15Teacher key . 17Stipulated Facts—For all students except jurors . 19Mansion Photos and Map . 21Attachment 3: Witnesses for the prosecution . 23Attachment 4: Witnesses for the defense . 25Attachment 5: Courtroom script . 27Attachment 6: Verdict of the jury . 31Attachment 7: Mock trial reflections . 33Attachment 8: State Fire Marshal extension . 35Bibliography . 373

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A CASE OF ARSON AT THE MANSIONA Guided Mock TrialNote: All names and details in this mock trial are fictitious and do not refer to any person oraction involved in the case, other than the fact that the mansion was heavily damaged by fire.Purpose of the Project: Texas high school students participating in this enrichment activity willlearn about the historical significance as well as the current status of the Texas Governor‟sMansion. Utilizing this example based on an actual fire, students will learn courtroomprocedure, laws regarding arson and its consequences, as well as fire safety information.“We shape our buildings and afterwards our buildings shape us.”Winston ChurchillObjectives:1.2.TEKS:The student willParticipate in preparations for conducting a mock trial;Analyze witness statements and other evidence to identify bias and differentiatebetween fact and opinion.8.20 D, 8.30 B & F; U.S. Hist. 18 A, 24 B & F; Govt. 14 A, B & E, 15 C, 21 A;Special Topics 1 B & EMaterials Needed: Copies of Texas v. Taylor GlowTeaching Strategy:1.Distribute copies of “Information for Participants,” (Attachment 1) to the classmembers. Allow enough time for students to read the packet, then pass outcopies of the “Brief of A Mock Trial,” (Attachment 2) Assist students in filling inthe facts and question sections (a teacher answer key is included).2.Assign or allow students to choose roles as the judge, defense attorneys,defendant, prosecuting attorneys, bailiff, clerk, reporter and the six witnesses.The witness roles have been written so that they may be played by either male orfemale students. Have the students write these names on the “Brief of MockTrial.” The rest of the class will be the jury. While the students who have roles inthe trial prepare for the trial, the remainder of the class will play a website gameon juries. By going through the computer game, “Pick 12” on the texaslre.orgwebsite ( intro.html), student jurors will not only beable to access information on the role and selection of a jury, but also play agame in which they pick a criminal jury such as one that would be used in Texasv. Taylor Glow.3.Have attorneys meet in a group with their witnesses. Pass out the appropriatewitness sheets (Attachments 3 & 4) so the witnesses can become familiar with5

their parts and the attorneys can start planning the questions they will ask duringthe trial (attorneys will need copies of all witness statements). The witnesssheets are as brief as possible in order that students will not be burdened withadditional reading. It is usually NOT a good idea to allow students to bringoutside information they might create to add to the information provided in thepacket.4.Distribute copies of the “Courtroom Script,” (Attachment 5) so that students canbecome familiar with the sequence of the trial.5.While the attorneys are meeting with their witnesses, give the appropriate roleplaying sheets to the court reporter and bailiff, and answer any questions thesestudents may have.6.Arrange the room as a state district court.7.Proceed with the trial following the “Courtroom Script.” The following steps willhelp the trial move smoothly:a)The bailiff calls the court to order and swears in the jury by saying, “Doyou solemnly swear or affirm that you will fairly try the issues now to begiven you? That you will speak nothing to anyone of the business ormatters you have in hand, but among yourselves? And when you areagreed upon any verdict, you will keep it secret until you deliver it up incourt? Say I do.”b)The judge asks the prosecutor to make his or her opening statement.c)The prosecutor reads the indictment (given on the following page). He orshe then describes the case to the jury and gives them a summary of thefacts. Statements should end with the fact that the state will prove thedefendant guilty of the crime for which he or she is charged.d)The judge asks the defense to make his or her opening statement.e)The defense attorney gives an opening statement.f)The judge asks the prosecution to call its first witness.g)The bailiff swears in the witness by saying, “Do you swear or affirm to tellthe truth, the whole truth and nothing but the truth? Say I do if you soswear or affirm.”h)The prosecutor examines the witness.I)The defense attorney cross-examines the witness.j)Steps “f” through “I” are repeated for subsequent prosecution witnesses.k)The judge asks the defense to call its first witness.l)Steps “g” through “j” are followed for each defense witness, with thedefense attorney doing the direct examination first, followed by crossexamination by the prosecutor.m)The judge asks the prosecution for a closing statement.n)The judge asks the defense attorney for a closing statement.o)The judge asks the prosecution if they have a rebuttal closing, followed bya defense rebuttal.6

p)q)r)s)t)The judge reads his or her charge to the jury (given in the CourtroomScript).The jury pretends to leave the courtroom but actually stays in the room soother students will be able to observe their deliberations. The jurychooses a presiding juror and discusses the case. When a verdict isreached, it is written for the judge on Attachment 6.The judge calls the court back to order and asks the jury for the verdict.He or she then reads the jury‟s verdict orally.If the verdict is guilty, the judge will explain that the second, orpunishment, phase of the trial will now begin. (This phase of the trial hasbeen omitted from the mock trial.)If the verdict is not guilty, the judge states that the defendant is free to go.8.Debrief the mock trial by discussing the following questions:a)Were the questions asked by the lawyers relevant?b)Were there any questions to which the opposing lawyer should havevoiced objections?c)Do you think the jury made the correct decision? Why or why not?9.For a more formal evaluation, have the students complete the “Mock Trial Reflections,”Attachment 7.10.Fire Safety Activity—State Fire Marshal Extension, Attachment 8.11.Note: This incident could be considered a federal crime if it met the dollar amount, wasa fraud across state lines, or involved an explosion. It could be tried under a number offederal statutes regarding firearms and explosives. However, the penalty is usually notas harsh as it would be if charged under state statutes. (Information provided by EdSalazar, Director of the State Fire Marshal‟s Office.)12.Many law enforcement agencies have been involved in the investigation of this crime.As of July, 2009, the chief investigating agency is the Texas Department of PublicSafety—the Texas Rangers. Lieutenant Jim Denman, Texas Rangers, Company F, isin charge of the mansion investigation.13.Anyone who has information about this The Governor’s Mansion arson isencouraged to call Crime Stoppers at 1-800-252-8477 or the State Fire Marshal’sOffice arson hotline, 1-988-252-8477.7

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BACKGROUND*:Texas Governor's Mansion HistoryThe mansion‟s history began with a 14,500 appropriation from the legislature roughly adecade after Texas became a state in 1845. Governor Elisha M. Pease selected the blockbounded by Lavaca, Guadalupe, Tenth, and Eleventh streets, some 300 yards southwest ofthe Capitol. Architect Abner Cook supervised the construction of the two-story, Greek Revivalstyle mansion which predates the 1888 Texas Capitol. The bricks for the building were made inAustin, and the pine logs used for the pillars were hauled in from Bastrop. Each floor had fourmain rooms, two on each side of a broad central hall. Six 29-foot Ionic columns were erectedto span the front porch, adding the finishing touches to the stately residence. Completed onJune 14, 1856, the Mansion is the fourth oldest governor‟s residence continuously occupied inthe United States and the oldest governor‟s mansion west of the Mississippi River.Governor Elisha Pease was the first occupant of the mansion; Sam Houston roamed its halls;Governor Hogg‟s children slid down the banister; President McKinley and Will Rogers andmany heads of state visited; Wilbert Lee “Pappy” O‟Daniel hosted radio shows with his band;Governor Connally recuperated from the gunshot he suffered while riding with PresidentKennedy in the motorcade; George W. Bush awaited news of the outcome of the 2000presidential election there. The Texas Governor‟s Mansion belongs to all Texans and hasbeen home to 40 governors since 1856.In 1982, then Governor Clements resumed tours of the mansion after a 4.1 million renovationand redecoration was completed. Two years later, when Mark White was Governor of Texas,an electronically controlled gate with a television monitor linked to the security detail‟s garagelookout was added. The entire security system, it has been reported, was designed by theU.S. Secret Service.More recently, in October, 2007, Governor Rick Perry and his family agreed to move out of theMansion for a 10 million deferred maintenance project, removing asbestos and lead paint,restoring deteriorating windows and updating the Mansion‟s mechanical systems as well asincreasing the size of the basement and stabilizing the foundation. All countless valuables,including Sam Houston‟s mahogany four-poster bed, Stephen F. Austin‟s writing desk, andnumerous pieces of valuable art and antique furniture, were removed and in storage. On June8, 2008, the Mansion suffered tremendous damage due to arson. Even though the mansionwas empty and all its prized contents in storage, significant structural and architectural damageoccurred. Since the fire, time and money have been spent to shore up walls, flooring and theroof to address damage from fire and water. In 2009, The Texas Legislature appropriated 22million dollars to restore the National Historic Landmark.*Historical information from Hunter, Sally, 2008, “This House is Your House—The Governor‟s Mansion—Texas‟Front Porch Since 1856.”9

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TEXAS v. TAYLOR GLOW*A Guided Mock Trial*Note:All names and details in this mock trial are fictitious anddo not refer to any person or action involved in the case, otherthan the fact that the mansion was heavily damaged by fire.11

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Attachment 1TEXAS v. TAYLOR GLOWINFORMATION FOR PARTICIPANTS(For the bailiff)USED TO SWEAR IN THE JURY:“Do you solemnly swear or affirm that you will fairly try the issues now to be given you? Thatyou will speak nothing to anyone of the business or matters you have in hand, but amongyourselves? And when you are agreed upon any verdict, you will keep it secret until youdeliver it up in court? Say I do.”USED TO SWEAR IN EACH WITNESS:“Do you swear or affirm to tell the truth, the whole truth and nothing but the truth? Say „I do‟ ifyou so swear or affirm.”(For the prosecuting attorneys)OPENING STATEMENT:Describe the case and a summary of the facts to the jury; say you plan to prove Taylor Glow isguilty of arson.EXAMINE WITNESSES:What is your name?What do you do for a living?Where do you live?What is your relation to the defendant?Ask other questions to build your case.13

OBJECTIONS:When the other attorney questions a witness, you may say, “I object on the grounds that: (1)the witness is incompetent to answer this question; (2) the question is irrelevant to the issue inthis case; (3) the attorney is badgering the witness; or (4) the attorney is leading the witness.”CLOSING STATEMENT:Summarize the points you have made during the trial; try to tear down the other side‟sevidence; say that you have shown that Taylor Glow is guilty of the crime of arson, which is asecond degree felony.(For the defense attorneys)OPENING STATEMENT:Describe the case and a summary of the facts to the jury; say the state will be unable to provethat Taylor Glow is guilty of the crime charged.EXAMINE WITNESSES:What is your name?What do you do for a living?Where do you live?What is your relation to the defendant?Ask other questions to build your case.OBJECTIONS:When the other attorney questions a witness, you may say, “I object on the grounds that: (1)the witness is incompetent to answer this question; (2) the question is irrelevant to the issue inthis case; (3) the attorney is badgering the witness; or (4) the attorney is leading the witness.”CLOSING STATEMENT:Summarize the points you have made; try to tear down the other side; say the prosecution hasfailed to prove that Taylor Glow is guilty of arson and therefore the jury must find him not guilty.14

Attachment 2BRIEF OF THE MOCK TRIALTEXAS v. TAYLOR GLOWFACTS: (Students might find more than five important facts.)QUESTION:Whether or not Taylor Glow is guilty of the crime of arson. Arson isdescribed under Texas law as the act of starting a fire or causing an explosion for the purposeof destroying or damaging land, buildings, or vehicles. Starting a fire is considered arson evenif the fire goes out before causing any damage.One can be charged with arson if he or she starts the fire or sets off an explosion, and knows:1.The property belongs to another person, sits on property belonging to another person,or contains property belonging to another person.2.The property is insured against damage, or that there is a mortgage or lien on theproperty held by someone other than the person who sets the fire.One can also be charged with arson, regardless of intentions, if he or she recklessly sets a fireor sets off an explosion without regard for the safety of other people or property.Under Texas Penal Code Sec. 28.02, arson is a second-degree felony, punishable by 2 to 20years in a state prison, unless the fire involves a church or a home, or someone is hurt orkilled. In those cases, it is a first-degree felony, which could carry a life sentence.15


Attachment 2 KeyBRIEF OF A MOCK TRIAL(Teacher Key)Texasv.Taylor GlowFACTS:1.On October 2, 2007, Governor Perry and his family moved out of theTexas Governor‟s Mansion so a planned deferred maintenance projectcould begin. Its contents were placed in storage.2.Security at the mansion was adjusted when the state‟s first family movedout because there was little traffic coming in the mansion.3.A person, between 5 feet 9 inches and 6 feet 1 inch tall, was seen scalinga wall to get on the mansion grounds at or around 1:20 a.m., as shown ona security camera. A few minutes later, he or she was seen hurling anobject at the front porch of the mansion, right before it burst into flames.4.Taylor Glow was arrested for the crime of arson a few days after the fire.5.Taylor Glow was a new initiate in the business fraternity at City College inthe spring semester, 2008.6.(Students may come up with other pertinent facts.)QUESTION: Whether or not Taylor Glow is guilty of arson, as defined in Texas law.PROSECUTOR AND ASSISTANTS:17

WITNESSES FOR THE PROSECUTION:1.Jimmie Smith:2.Cameron Martinez:3.Morrie Burst:DEFENSE ATTORNEY AND ASSISTANTS:WITNESSES FOR THE DEFENSE:1.Taylor Glow (defendant) :2.Hunter Lincoln:3.Maddie Koonz:JUDGE:BAILIFF:CLERK:DECISION:18

(For all students except jurors)STIPULATED FACTS:Before the First Family of Texas moved out of the mansion on October 7, 2007, in order for aplanned deferred maintenance project could begin, the Governor‟s Protective Detail was incharge of security. They would call on the Capitol Police whenever necessary. WhenGovernor Perry and his family moved out of the mansion, security matters were adjusted. Onetrooper was assigned to the mansion on round-the-clock rotating schedules. This wasdetermined to be sufficient because of adequate security equipment in the mansion, and therewas little to no traffic coming in the mansion. An 8-foot chain-link fence was installed outsidethe mansion‟s iron and concrete fence for added security.In October, 2007, construction started. Because construction workers and others were on site,two troopers per shift for all weekday shifts and one trooper per shift for weekend shifts wereassigned to the mansion.Security equipment available at the mansion included:Video camerasCamera recording equipmentCamera monitors—two high definition, split-screen televisions; ten camera viewsavailable on each monitor—two large views and eight smaller viewsPerimeter infrared beans systemFire alarmsSmoke detectorsConcrete and wrought-iron fenceEight-foot chain-link fence covered with a green tarp so that it wasn‟t possible to seeinside the mansion grounds from outside.The State Fire Marshal is the chief investigator in charge of the investigation of arson. Bystatutory authority, the State Fire Marshal commissions peace officers to act as fire and arsoninvestigators and to perform other law enforcement duties. As of July, 2009, the TexasDepartment of Public Safety—Texas Rangers have been in charge of the investigation.Videos taken by security cameras show a figure going over a barricade wall and entering themansion grounds. Later, someone is shown throwing something at the front porch, and then aburst of flames can be seen on the video.After investigating the crime, Taylor Glow was arrested for the crime of arson.19

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Texas Governor‟s Mansion before the fire.Texas Governor‟s Mansion after the fire21

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Attachment 3WITNESSES FOR THE PROSECUTIONFact Statement of Trooper Jimmie Smith:On June 7, 2008, I finished my eight-hour shift at the Texas History Museum and went straightto the Governor‟s Mansion. I arrived there at 9:48 p.m. and relieved Trooper Jackie Jones,who told me everything was quiet. I went upstairs in the Carriage House (above the garage ofthe mansion) and sat down at the desk. I checked all camera views at that time andperiodically during my four-hour shift. At 1:35 a.m., I heard the fire alarm and knew somethingwas wrong. At 1:42 a.m., I called the Department of Public Service communications on mypersonal cell phone, walked outside, and smelled smoke. As I continued to walk as I talked, Isaw a glow through the mansion‟s front window. I told the DPS Communications person to callthe fire department.At about 1:47 a.m. I heard sirens coming up Lavaca Street and went out the back gate to flagdown the firemen. The fire truck drove around to Colorado Street. Although Trooper Browncame to relieve me at 1:57 a.m., I didn‟t leave and continued assisting at the scene.Fact Statement of Officer Cameron Martinez:Early on the morning of June 8, 2008, I was working as a plainclothes officer in downtownAustin for the City Police Department. Upon hearing fire alarms go off in the direction of theGovernor‟s Mansion, I headed that way to see if I was needed. I saw a suspicious-lookingperson walking from the north side of the mansion to a vehicle on 11th and Guadalupe Street. Isaw the person get into a yellow late-model sports car which was parked facing west on 11thStreet. The person drove rapidly away, and I walked to where the car was parked. I found acigarette lighter on the ground by where the car had been parked, which I put into an evidencebag.The State Fire Marshall told me that they have evidence that indicates this was an intentionallyset fire, so we consider it a criminal act. I viewed a video taken by security cameras, and onecan clearly see a shadowy figure scaling a barricade wall to get onto the grounds of themansion. The person, between 5 feet 9 inches and 6 feet 1 inch tall, is wearing a baseballtype cap, a dark shirt, long pants and work gloves. He (she) appears to be lighting a glassbottle stuffed with a fuel-soaked rag using a cigarette lighter. The figure is then seen hurlingan object at the front porch. Immediately thereafter, a burst of flames can be seen on thevideo. The intruder‟s face is not clearly shown on the images.After several days of investigation, Taylor Glow was arrested and charged for the crime ofarson. At the time of his/her arrest, Taylor was wearing a baseball cap. As is our standardarrest procedure, he (or she) was fingerprinted. When we compared his (or her) fingerprints23

with those on the cigarette lighter, we found that the two sets were identical. Additionally, DMVrecords indicate that Taylor is the owner of a late-model yellow sports car.Fact Statement of Morrie Burst:I am an investigator for the State Fire Marshal and have studied fires for 45 years. It has beenmy experience that arson cases involving public buildings are especially challenging to solve.When we first started investigating this case, we felt that there was great likelihood of it hadbeen committed by someone we‟d never heard of, with no connection to the governor. Wesuspected that it might even have been a gang initiation or someone upset at the governor orsomeone with political motivation.I examined 18 photographs released by the governor‟s office which show collapsed ceilings, acharred staircase and damaged walls of the mansion. An earmark of arson is the V-shapedpattern of black soot on the mansion‟s façade. The bottom of the V-shape is on the frontporch, suggesting someone threw a Molotov cocktail, with the flames spreading up and out. Ido believe this is a case of arson.Maddie Koonz came to the State Fire Marshal‟s office on the day of the fire and told us aboutseeing a suspicious person in the area of the mansion earlier that morning. He (she)described the person and the car which he (she) drove away. Then we got a call from ananonymous person telling us about a meeting of the business fraternity at City College wheresomeone suggested (jokingly) about initiating their new members by making them do“something” to earn their places in the group. They mentioned that the governor and his familyhad moved out of the mansion so that it could be renovated, and that might be a good subjectof the hazing.After investigating these two tips, we were led to Taylor Glow, who was a new initiate at thebusiness fraternity meeting and also drove a late model yellow sports car. We placed himunder arrest, fingerprinted him, and found his fingerprints on a cigarette lighter found at thescene.We have been told that the Texas Crime Stoppers has offered a 50,000 reward forinformation about this crime.24

Attachment 4WITNESSES FOR THE DEFENSEFact Statement of Taylor Glow:In the spring of 2008, I was a junior at City College majoring in business. I was so happy to beasked to pledge the business fraternity that spring, based on my grades and communityservice, and I am looking forward to not only getting my bachelor‟s degree in business but alsoan MBA. Our business fraternity is not like social sororities and fraternities that have initiationand hazing of new members. But at our meeting on June 6, a couple of the seniors mentionedsomething about how much fun it would be to order the new initiates to do something“challenging.” They also mentioned that the governor and his family had moved out of theGovernor‟s Mansion so that it could have deferred maintenance performed. I personally wouldnever take that as a suggestion to go set the mansion on fire, but some of the seniors werejoking about making the new members do something to “earn our places in the group.”On the night of June 7, 2008, I couldn‟t sleep, so I decided to drive downtown. I parked mycar, a yellow sports car, and walked around a little. Sometime after midnight, I went back tomy car and drove to my apartment. A couple of days later, I was arrested for the crime ofarson at the Governor‟s Mansion. Was I surprised! By the way, I‟m only about 5 feet 6 inchestall. I often wear ball caps, but so do all of my friends. I also do not and never have smoked.I read in a newspaper that a group accused by the FBI of making Molotov cocktails during thePolitical Party Powers‟ state conference might be responsible for this crime. I hope theycontinue the investigation because I did not commit this horrible crime.Fact Statement of Hunter Lincoln:I am the president of the business fraternity at City College. Every spring we initiate juniorswho have good grades and records at the college. Taylor Glow was one of our initiates in thespring of 2008, and I personally have been very impressed with him (her). He (she) attendsevery meeting and actively takes part in all business of the organization. He (she) was at themeeting in June, 2008, and I remember some of the senior members joking about requiringsome kind of hazing activity for new members. But we would never really do that—it was justtalk. Taylor is a very intense person who would do anything to please the group. I think he(she) wants to run for office at the end of the year. However, if I thought he had anything to dowith this crime, I certainly would report it and earn the 50,000 reward. I was very shockedwhen I heard he (she) had been arrested, and I may be partially responsible for his (her)arrest. An investigator came to me a few days after the Governor‟s Mansion was burned downand asked me to provide him a list of those members who were in attendance at our Junemeeting. Of course I had to do this, and Taylor‟s name was on the list.25

Fact Statement of Maddie Koonz:I work the late shift at Dunk-a-Buck Coffee House on Guadalupe Street. In the early morningof June 8, I left work about 1:00 a.m. after cleaning up. I walked to where I had parked my car,close to the Governor‟s Mansion. I park there because there are always police officers aroundthat area guarding the mansion and the Capitol, so I figure my car is safe there. Usually, I‟mthe only one on the street at that hour, but that morning I noticed someone running to his (her)car on 11th Street. This person was wearing a ball cap, so I couldn‟t see his (her) face. He(she) quickly got into his (her) car, a late-model yellow sports car and drove rapidly away. Ithink this person was probably in his (her) twenties because of how quickly he (she) wasrunning to the car. The person was also about average in height.Soon thereafter, I heard sirens and saw lots of activity at the Governor‟s Mansion. Then Inoticed smoke and flames. I decided to get out of the way, so I drove home. Later thatmorning, after sleeping a while, I heard that someone had set fire to the mansion. So, beingthe good citizen that I am, I went down to the office of the State Fire Marshal, who I was toldwas in charge of the investigation. I wanted to tell them about the person I saw running awayfrom the fire and driving quickly away. I described this person, who could have been male orfemale, as being about 6 feet tall, wearing a ball cap and a dark shirt. He or she w

procedure, laws regarding arson and its consequences, as well as fire safety information. “We shape our buildings and afterwards our buildings shape us.” Winston Churchill Objectives: The student will 1. Participate in preparations for conducting a mock trial; 2. Analyze witness statements and other evidence to identify bias and differentiate