Anatomy of a Criminal Case: T-Minus 9 Hours--Finishing Opening Statement Draft
I just finished my opening statement I will present in less than 12 hours (we’re nine hours away at this writing from consideration of motions in limine and jury selection).
I struggled with it all day. The Government’s case just confounds me. And, I wanted to find the right “theme” for it and the rest of the trial.
I think I have. It is unconventional but yet familiar. My colleagues like it; my wife doesn’t. A hint: it relates to a common substance from our childhoods.
But I am committed to it now.
I’m usually a fast writer and thinker but this just gave me fits. Still, I’m pretty happy with the result. But will the jury like it? Will they get it? Will I have the Government up on their feet objecting every 15 seconds or so?
One last thing to do before I go to bed: pack up my computer.
Then off to the Land of Nod where I hope there are no judges, juries, lawyers, or rules of evidence.
My 18 year old daughter Sarah is going to be my legal assistant for at least the first two day of the trial. I pick her up bright and early at her place at 7:45 a.m. tomorrow. So, a little father/daughter bonding on top of everything else. Sarah’s a bright girl and a good reader of people. Frankly, I’ll really lean on her to help me with jury selection and evaluate witnesses.
Just please God, don’t let her grow up to be a lawyer.

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