Class trial: legal procedures and courtroom practice

¶ … Ladies and gentlemen of the jury, my name is, and I have been presented with the opportunity to represent the young defendant in this case, Danny Dawson. I consider myself honored to be able to do so and I am determined to do so in an admirable and competent manner.

This is a sad, sad day for everyone involved in this case and for our community. A talented young lady has lost her life. Death is never pleasant but it is particularly difficult to understand when it involves someone so young. Under the circumstances of a case like this there is a tendency to look for someone to blame; that is human nature, but having someone to blame will not bring back the young lady who has died. The simple reality of life is that accidents happen and they happen sometimes without anyone or anything being at fault. The fact that a young lady lost her life should not influence your decision. The state must prove beyond a reasonable doubt that my client is responsible under the law and I am confident that you will hold the prosecutor to his responsibility. I would urge you to review the evidence that will be presented in this case with an open mind and with the understanding that every bad result does not require a specific cause.

You have been asked by this court and your fellow citizens to undertake an awesome and difficult task. You are being asked to put your own lives on hold, listen to arguments by counsel for both sides, and listen to the testimony of witnesses in an effort to determine the guilt or innocence of my client. Being placed in such a position cannot be easy but I want to thank you for being willing to do so. Our system of justice would not work without individuals like you being willing to participate. On behalf of myself and my client, I want to thank you for your unselfishness. It is admirable.

As part of this case you will hear the testimony of many different individuals. Some of these individuals will be what the justice system refers to as expert witnesses. One of the expert witnesses that you will hear testify will be the first police officer who arrived on the scene, Ryan Potter. Potter's testimony is vitally important but please be careful and consider what he has to say carefully. He did not see what happened. He came upon the scene after it had already occurred and the scene that he came upon what an emotionally upsetting one. The weather was extremely unpleasant; he was confronted with a tragic event; and he was exposed to the raving and ranting of an upset parent who could not be controlled. Against the background, even the limited observations that he might have been able to make have to be questioned.

Expect also to hear from a young lady named Tonya Hopson. Ms. Hopson, aside from my client, is the only other witness to what actually happened. Yet, her recollection is apparently selective. Listen to what she claims to recall and compare these recollections with those of my client and those of Officer Potter. There are some remarkable inconsistencies that should raise some serious questions as to what actually transpired. Questions that should raise some doubt and lend support for this being simply an accident. An accident caused by a combination of factors but not extreme indifference or recklessness.

You will also hear from a number of witnesses who were present in the restaurant where Ms. Sullivan, Ms. Hopson, and my client dining the night of the accident. There is a wide range of observations that will be offered and I would respectfully ask you to remember that they are simply that: observations. All human observations are subject to a variety of factors that affect how different people can see similar events and draw different conclusions. I am not attempting to diminish the value of any of these observations but I am asking you to keep these observations in perspective.

The witnesses that I have mentioned to this point are all viewed as being lay witnesses. Because they are lay witnesses their observations are based on normal human experience. For the most part they possess no particular skill or training in the area that they testified. Their observations and comments are based on what they believe that they saw. As a result, their observations are subject to all the human frailties that we all possess. They are all testify to what they believe to be the truth and to what they believe they saw but, as you will soon see, they cannot all be right.

You will also hear from individuals who the court will advise you are to be considered as expert witnesses in their field of study or experience. The testimony of these individuals, as you will see, will differ substantially from the testimony of the lay witnesses. Like the lay witnesses the testimony of the experts will be important but, again, I would ask that you listen to what they have to say very carefully. Just because these witnesses have been identified as experts and they have offered their opinion does not mean that you have to accept their opinions as facts. What they are testifying to involves complex concepts and, as you will see, even experts disagree. Listen carefully and decide for yourself what makes sense. Not everything will. Again, someone has to be wrong. They cannot be all right.

The stakes in this case are extremely high. Before you is a young man whose life will never be the same regardless of what the outcome of this case may be. He has to live forever with what occurred that night. He has to deal with the reality that a good friend of his is no longer with us and that he was driving the car that was involved in the accident that caused her death. You will hear from this young man and you will be afforded a wonderful opportunity to see into his soul. You will be able to see why he is so well-respected by his friends and why Ms. Sullivan was so fond of him. He is not the cold-hearted, reckless individual that the prosecution will attempt to convince you he is. Instead, he is a responsible, goal oriented young man who would never intentionally, or otherwise, hurt anyone.