Texas Defense Attorneys Discuss Opening Statements
Texas Defense Attorneys Discuss Opening Statements
The opening statement is one of the most important parts of a criminal trial in Texas. It’s the defense attorney’s first chance to address the jury directly and lay out their theory of the case. A good opening statement can help frame the evidence in a way that benefits the defendant, while a bad one can turn the jury against them before they’ve heard any testimony. I spoke with several experienced Texas defense attorneys to get their advice on how to craft an effective opening statement.
Know Your Case Inside and Out
The number one thing every attorney emphasized was that you need to know your case backwards and forwards before even thinking about your opening statement. As criminal defense attorney Tritico Rainey put it, “your opening statement should flow naturally from your understanding of the facts, so you need to start your preparation by fully digesting the police reports, witness statements, forensic analyses, and any other evidence.” Carefully review the prosecution’s discovery, talk to your client to get their story, interview witnesses on both sides – leave no stone unturned. The evidence rarely comes out exactly how you expect at trial, so the more prepared you are, the better you can adapt.
Tell a Compelling Story
While an opening statement recites facts, it’s not just a dry rundown of the evidence. You need to craft a persuasive narrative, as criminal defense lawyer Mary Beth Harrell explained: “A story engages the jury on an emotional level and helps them see the gaps and inconsistencies in the prosecution’s case.” Figure out the story you want the jury to hear and structure your statement around it. Use vivid language to paint a picture but don’t exaggerate or misstate facts. You want jurors to feel invested in your client’s side from the very beginning.
Be Strategic About What to Include
Deciding what to cover in your opening statement takes some strategy. Texas prosecutors say you should address the weaknesses in your case upfront, so they don’t look like you’re hiding something when the prosecution brings them up later. As the Texas District & County Attorneys Association advises, “If there are law enforcement mistakes or witness issues, I will lay them on the table for the jury in the opening statement.” But other defense attorneys warn against spending too much time on negative facts, saying you don’t want to sound like you’re arguing the prosecution’s case for them. You have to strike a balance between acknowledging flaws and emphasizing the most important facts for your defense.
Stay Focused on Your Theory
Your opening statement should all tie back to your central theory of the case. Criminal defense lawyer Tritico Rainey said, “Figure out the lens through which you want the jury to view the evidence and craft your statement to promote that perspective.” For example, if your defense is mistaken identity, you want to highlight the weaknesses in the eyewitness testimony and the lack of forensic evidence linking your client to the crime. Stick to the facts that advance your theory and don’t get sidetracked on tangents.
Watch Your Tone
It’s important to strike the right tone in your opening statement. As the Texas District & County Attorneys Association notes, “The opening statement is a statement of what the evidence will show; it is not an argument.” You’ll lose credibility with the jury if you come across as aggressive or argumentative right out of the gate. Be confident but not cocky. And show respect for the jury, the judge, and even the prosecutor – you’re all just doing your jobs. Sincerity goes a long way.
Connect with the Jury
An opening statement gives you a chance to establish rapport with the jury. Look them in the eye, and speak conversationally, not formally. Criminal defense attorney Mary Beth Harrell suggests “using inclusive language like ‘we’ and ‘us’ can help the jury feel like they are part of the process with you.” And remember the jury is made up of human beings – talk to them, not at them, and try to strike an emotional chord.
Avoid Detailed Arguments
While your opening statement should preview your key arguments, you don’t want to get into the nitty-gritty details yet. Stick to a high-level overview of the issues and save the in-depth arguments for closing. As the University of Houston Law Center explains, “The purpose of the opening statement is to give the parties’ attorneys the opportunity to explain what they intend to prove.” If you start getting into complex evidentiary arguments, the jury will tune out.
Be Ready to Adapt
No matter how carefully you plan your opening statement, you’ll often need to adapt once you’re actually in front of the jury. If the prosecution’s opening introduces facts you weren’t expecting, you may need to address them. Or based on the jury’s body language, you may need to shorten or simplify your statement. Mentally prepare to be flexible. As criminal defense lawyer Tritico Rainey put it, “Be ready to ditch your script and tailor your remarks to how the trial is unfolding.”
Practice Makes Perfect
Every attorney I spoke to emphasized the need to practice your opening statement multiple times before trial. Run through it out loud and time yourself so you know it meets time limits. Refine and memorize your key themes. Ask colleagues or mentors for feedback. And practice adapting to curveballs – have someone interject unexpected issues so you learn to respond smoothly. The more prepared you are, the more confident and persuasive your delivery will be.
Crafting an effective opening statement is challenging, but also an invaluable opportunity to shape the jury’s perception right out of the gate. Follow the tips above from seasoned Texas defense attorneys to start your trial off on the right foot.