Mock Trial Step-by-Step: Opening Statements

Mock Trial Step-by-Step: Opening Statements

Brief Summary

This video presents an opening statement by the defense counsel in a case of mistaken identity. The lawyer outlines the defense's theory: Donovan Tisi was playing basketball at the time of the crime and is wrongly accused. The statement details the evidence and witnesses the defense will present, including Tisi's alibi, his positive life changes, and testimony from a recreation center worker.

  • The defense argues mistaken identity, stating Tisi was at a recreation center during the assault.
  • Tisi's lawyer highlights his client's efforts to improve his life, including holding a job and exploring college options.
  • Two witnesses will testify: Tisi himself, and Stephen Wong, a worker from the recreation center.

Introduction to Opening Statement

The opening statement is the lawyer's initial opportunity to present their perspective on the case to the judge. This includes their theory, the evidence they plan to present, and their overall view of how the case will unfold. Lawyers explain to the judge what evidence they intend to present, including documents, exhibits, and witness testimonies, outlining what they expect each witness to say.

Defense's Opening Statement: Mistaken Identity

Defense counsel J. Bigford introduces the case as one of mistaken identity. On March 10, 2010, Donovan Tisi, the client, was at his local recreation center playing basketball and discussing post-secondary options with a youth leader, implying he was not at the scene of the assault and robbery of Mr. Williams. The lawyer emphasizes that Tisi, a 16-year-old in Grade 10, has been working to improve his life after a shoplifting conviction 18 months prior.

Witness Testimony: Tisi's Alibi and Character

The defense plans to call two witnesses: Donovan Tisi and Stephen Wong. Tisi will testify that on the evening of the incident, he left his apartment with a friend, Dwayne Dirks, after becoming upset about not being able to afford new basketball shoes. He refused Dirks' suggestion to steal the shoes, not wanting to jeopardize his job, and instead went to play basketball at the recreation center. Tisi will state that he spoke with the youth leader about college courses and scholarships, left the center around 8:30 p.m., and walked home. He will also testify that a month later, police arrested him for assault and robbery, finding a pair of basketball shoes outside his apartment, which he claims he had never seen before.

Witness Testimony: Stephen Wong's Account

Stephen Wong, who worked at the recreation center, will testify that he spoke with Tisi about college courses and scholarships on the night in question. Wong will describe Tisi's demeanor during their conversation, his relationship with Tisi, and how often he sees him at the center. Wong will also state that Tisi has never displayed violent behavior at the recreation center and will explain his role at the center.

Calling the First Witness

The defense concludes its opening statement and announces that they will call their first witness, Mr. Tisi, to the stand.

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