Do NOT follow this link or you will be banned from the site! AP P EAR AN C E S: SULLIVAN, PAPAIN, BLOCK, MC GRATH & CANNAVO, P. C. Attorneys for Plaintiff BY: DAVID J. This is not one of them.”, “A district attorney out for a conviction. If the judge shuts you down, no problem. Rules were: Violated, Trampled, Disregarded, and Ignored. Plaintiff's Opening Defendants' Opening COPY Mineola, New York September 4, Supreme Court Justice and a Jury. var today = new Date() If the judge shuts you down, no problem. The prosecution wants you to believe that this is a case about greed and anger. Nonetheless, the police threatened to charge her with murder, so Philip said that he strangled Mr. Johnson, even though there’s no evidence of it. The prosecution is angry. The theme gives the jury a title, a goal and a purpose within a vital framework for deliberations. Mr. Johnson’s heart was so bad, she initially thought that he died of a heart attack. She saw signs of a break-in and called the police. You’re going to hear from a coroner who will say that Mr. Johnson was strangled to death, but you’re also going to hear that, at the end of her autopsy, that was not her opinion. It is a case about greed. He admits that. Don’t try to escape.”, “It’s a hot summer. Moral of the story: if you have extraneous offenses, be extremely careful. That’s why, at the end of this case, we’re going to ask you to find Philip not guilty of murder. Yes, Philip said he strangled Mr. Johnson, but that was only after the police threatened to charge his girlfriend with murder if Philip didn’t confess. Start your story right away.]. Most judges will let you argue a little a the beginning of your statement, as you set forth your theme. You know what? The HCCLA logo is a registered trademark. He needed drugs, but he had nothing to buy them with, and he immediately thought of Mr. Johnson, his lawyer, who was known for his expensive watch collection. [Paragraph 4.] Lately, I have borrowed a favorite tactic of my late, and much-missed, partner, Mark Hulkower, in my defense openings in federal criminal trials. But there are some moments when it must be taken.”, “An outrageous story of greed, lust and vanity in America.”, “It’s not who he is underneath but what he does that defines him.”, “He didn’t come looking for trouble, but trouble came looking for him.”, “He’s out to prove he’s got nothing to prove.”, “Sooner or later a man who wears two faces forgets which one is real.”, “There have been many courtroom dramas that have glorified The Great American Legal System. But they couldn’t hide the truth.”, “You may not like what he does, but are you prepared to give up his right to do it?”, “In a world of lies, nothing is more dangerous than the Truth.”, “The first scream was for help. Your email address will not be published. Not every man really lives.”, “If adventure has a name… It must be Indiana Jones.”, “Just because they serve you doesn’t mean they like you.”, “Somewhere, somehow, someone’s going to pay.”, “Four friends made a mistake that changed their lives forever.”, “Fifty million people watched, but no one saw a thing.”, “When he said ‘I do,’ he never said what he did.”, “Fear can hold you prisoner. This may cause the jury to think that the prosecution is avoiding the real question in the case: how did the victim die?You refer to another theme: shoddy police work. { Murder…And Passion.”, “They locked him up. [Note the absence of “may it please the court, or any of that thanking counsel nonsense. if (year < 1900) Email: TrialTips (at) TrialTheater.com, © He did not, however, kill Frederic Johnson. by Elliott Wilcox. If you go to the movies on a regular basis, you probably see dozens of movie posters every year advertising the upcoming attractions. The second is for justice.”, “Suppose you picked up this morning’s newspaper and your life was a front page headline… And everything they said was accurate… But none of it was true.”, “On the other side of drinks, dinner and a one night stand, lies a terrifying love story.”, “Trials are too important to be decided by juries.”. The jury pays the most attention to the first words out of your mouth. http://www.kearneywynn.com/Articles/Opening-Statements.pdf, http://criminaldefense.homestead.com/Durst.html, http://www.uchastings.edu/academics/faculty/adjunct/sotorosen/classwebsite/docs/Rosen-Great-OpeningStatements-Fall2011.pdf, http://en.wikipedia.org/wiki/Serial_position_effect, http://www.cnn.com/2013/03/25/us/terry-nichols-fast-facts/, http://www.huffingtonpost.com/2013/06/24/george-zimmerman-knock-knock_n_3491367.html, SBA Coronavirus Small Business Guidance & Loan Resources, Harris County Criminal Lawyers Association (HCCLA). It is our right at birth. They’re right. After Philip left, or maybe even before Philip entered that house, Mr. Johnson died in his sleep, of natural causes. And that’s where he was when Philip broke in to take the watches and that’s where his body was found when the housekeeper came home. In fact, he rarely left his house. You’re going to hear that there is no evidence at all that firmly establishes that Mr. Johnson was killed by anyone. Don’t open the door. They crushed his spirit. It wasn’t until after she read the police reports and learned that Philip confessed that she decided to call this case a homicide. They can then be implemented throughout the trial--including voir dire, the opening statement, the trial of the case itself, and the closing argument. Ladies and gentlemen, Philip is guilty of robbery. an opening statement, the defense team in Stryker presented some as stand-alone grounds for acquittal, and used others simply to paint the prosecution as gener - ally flawed. I wrote last month about presenting a mock trial opening statement for a prosecutor, so this post will deal with an opening statement for a defense lawyer. Philip Moore robbed his lawyer, Mack Johnson. Let’s see why. [These two paragraphs are argument, but it’s okay. Transcript of opening statements Wednesday by the defense in the O.J. DEAN, ESQ. You see, Stephanie drove Philip to Mr. Johnson’s that day. So, Philip went to that house, broke in, stole the watches, and left. Trial Theater, LLC - All Rights Reserved, “Unfortunately, many trial lawyers never create strong themes for their cases. at 563 (“Our case law supports a decision that a defense opening statement, like that made in this case, opens the door to the admission of extraneous-offense evidence, like that admitted in this case, to rebut the defensive theory presented in the defense opening statement.”). Just jump right into the story. A young boy who knew too much.”, “No one would take on his case… until one man was willing to take on the system.”, “In the heart of the nation’s capital, in a courthouse of the U.S. government, one man will stop at nothing to keep his honor, and one will stop at nothing to find the truth.”, “This man needs the best lawyer in town. In this article, you’ll discover a great resource for developing case themes. By admitting guilt to the robbery right away, you define where the fight is for the jury. The Tale of the Tape The focus below is on the opening statement developed by Brien O’Connor, Joshua Levy, Cori Lable, and Aaron Katz from Ropes & Gray, and delivered by Mr. O’Connor. Ned Racine is waiting for something special to happen. But, ladies and gentlemen, he didn’t kill him. T ~; SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU: PART 15 ... STEPHEN A. BUCARIA, INDEX NO. Not even what you believe in.”, “There are two sides of this mystery. Philip woke up that morning, and he was drug sick. Before I launch into my suggestions, let's talk a little bit about what the role of a defense lawyer is in a trial. In fact, he rarely went downstairs because he couldn’t carry himself down. document.write(year) They know they’re supposed to use themes, but they have no idea how to develop them, or even where to start looking for ideas, and so they never use them. Opening Statement Trial Advocacy Articles How to Develop Effective Case Themes for Opening Statement. It is a case about anger, but not Philip’s. Harris County Criminal Lawyers Association. Most judges will let you argue a little a the beginning of your statement, as you set forth your theme.
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