Assignment: Opening Statements

 

Case File: State v. Boatwright

You are to prepare and deliver a five-minute opening statement in the case of State v. Boatwright. There will be a hard stop at five minutes. The goal is for you to be a persuasive storyteller to advance your theme and theory of the case in that tight window of time. You will find the Boatwright case file under the Bootcamp link from your Home tab on Canvas. You may choose to open for either the defense or the prosecution.

Preliminary Opening Statement (please modify):

Your Honor, ladies and gentlemen, my name is John Jones.  I represent the defendant in this case, Mr. Gino Boatwright and I will present to you the case of the State versus the defendant, Mr. Gino Boatwright.  This case is a criminal case which means your decision must be unanimous to convict my client, Mr. Gino Boatwright. Because this is a criminal case, the state has the burden of proof. That means they must prove to you that Gino Boatwright is guilty beyond a reasonable doubt. This also means that I do not have to prove anything to you.

I might not have to prove anything to you but I’m still here for a reason. I am here to present the case of Mr. Gino Boatwright. My client Gino boatwright is cloaked in the presumption of innocence. He is presumed to be innocent at this very moment, he was presumed to be innocent when the state delivered its opening and he will continue to be presumed innocent throughout the duration of this case. It is only until or unless you deliver a verdict of guilty unanimously that Gino Boatwright will no longer have a presumption of innocence.

As I said, a may not have to prove anything but I am here for a specific reason. I’m here to tell you about Gino Boatwright. Gino Boatwright is 17 y.o.  He’s a kid. And you will hear from our witness, that says he’s a good kid.  You will hear about the relationship he has established with Gino Boatwright and you will hear from him about Gino Boatwright’s character. Police bias, an inaccurate police investigation report, alibi, no physical evidence, wrong colored shirt, inaccurate description, unable to properly identify (witness Clara Inzillo).  Any one of these can raise reasonable doubt but combined its is irrefutable that Gino cannot be found guilty beyond a reasonable doubt.  After his arrest, Gino Boatwright told plaintiff that he “was sorry.’  But not that he was sorry he robbed her but because he was sorry she was robbed.  He was concerned for her welfare.  All these errors have led Gino Boatwright to be accused not only of robbery and theft but, as you heard from the state, also for receiving stolen property (nothing found on him) and posing an instrument of crime (although clothes had no evidence of blood). 

Ladies and gentlemen, Gino boatwright has a lot to lose today. You’ll hear from officer X. He was the investigating officer at 65 Newton Ave. that day when the 911 call was received. He will tell you that Gino boatwright came willingly with him to the police station. He will tell you that when he spoke with Mrs. X during his investigation, she could not conclusively identify him.

Finally you are going to hear from Mr. Gino boatwright. Gino boatwright is going to tell you why he was there at x street at x date and at x time.  He was going to tell you what he intended to do there and ultimately what he did there. And finally he’s going to tell you that he is innocent of robbery, that he is innocent of theft, that he’s innocent of receiving stolen property and innocent of possessing an instrument of crime. As I said earlier, Gino Boatwright has a lot to lose today. I believe when you’re presented with the evidence and facts of this case, you’ll return a verdict of not guilty. I’m confident in that statement. At the conclusion of this case, I will deliver a closing statement and I’ll ask you to return a verdict of not guilty. Finally, I’d like to thank you for your time, your consideration and deliberation in this case.

 

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