Transcript In Law, what plea so tainted and corrupt but being seasoned with a

Closing Argument
Professor Beverly Reid O’Connell
Advanced Trial Advocacy
“In Law, what plea so tainted and corrupt but being
seasoned with a gracious voice, obscures the show
of evil?”
William Shakespeare, The Merchant of
Venice, Act III, Scene 2.
The Law of Closing Argument







Don’t insert personal beliefs
Don’t vouch
Don’t appeal to prejudice
Don’t misstate the evidence
Don’t misstate the law
Don’t misuse evidence
Don’t appeal to juror’s sympathy, personal
interest
The Law of Closing Argument





Don’t oversell your case
Don’t comment on evidence outside
the record
Don’t make personal attacks on
counsel
Don’t comment on privilege
Don’t “send a message”
Opening Statement vs. Closing Argument




Summary of what
the evidence will
show
Road map
No inferences
No law






Inferences
Conclusions
Analogies
Discuss the law
Discuss credibility
and motive
ARGUE!
The Art of Closing Argument



Talk about the evidence
Talk about the elements if you bear the
burden of proof
Weave your legal theory with your theme
–
–
–
–
Must be logical
Must appeal to common sense
Must show why you win
Must explain ALL of the facts
Make it Memorable
The Art of Closing Argument










Be organized: present a comprehensive view of
the case
Start strong and end strong
Use active language
Use rhetorical questions
Repeat theme
Narrow the issues
Explain the law
Embrace your weaknesses and bolster with
corroboration
Attack major defenses
Throw down gauntlet?? (maybe not)
The Art of Rebuttal Argument





Don’t adopt defense organization
Don’t respond in kind to personal attacks
Return to your themes
Go back to the evidence
Use the jury instructions
– Beyond a reasonable doubt
– Circumstantial evidence



Talk about credibility
Emphasize corroboration
Be brief
The Art of Closing Argument: Delivery
How you say it is just as important as what you say









Project Honesty
Show passion or
belief in your case
Be articulate
Be energetic
Be respectful
Remain poised
Eye contact
Modulate your voice
Use visuals






Don’t appear cocky,
arrogant or smug
Don’t appear
overzealous
Don’t appear too
lighthearted
Don’t throw temper
tantrum
Don’t demean the
defendant or counsel
Don’t “fill dead air”
End Strong
Closing Argument: Example
United States v. Richard Wayne Parker
Closing Argument

Indictment
– Conspiracy
– Possession with intent to distribute

Types of evidence
– Direct
– Circumstantial

Evidence Presented
Types of Evidence

Direct
– Witness Testimony
– Exhibits
– Stipulations

Circumstantial
– Direct Evidence
– Common Sense

Each Given Equal Weight
Indictment

Conspiracy
– Agreement
– Parker a member

Possession with intent to distribute
– Parker knowingly possessed cocaine
– Intent to deliver
Indictment -- Conspiracy
Agreement

Testimony
– Pitto
– Hensel
– Koshi

Evidence seized
Richard PARKER
PARKER
Richard
Monica “Lily”
PITTO
Christine
WHITNEY
Gary
HENSEL
Pam GRAY
Tom MARSH
Jeff BREAMER
Galen KOSHI
Randy UYEHARA
Indictment -- Conspiracy
Parker a Member

Drug Ledgers

Cash

Meets Pitto

Cocaine in Bags
Parker’s Drug Ledger (Sept `97)
Parker’s Drug Ledger (June `98)
Whitney’s Drug Ledger (June `98)
Exhibit 139
Agreement

Testimony
– Pitto
•
•
•
•
Parker asked her to sell cocaine
Parker delivered cocaine in gym bags
Parker delivered 14 kilos to her
She delivered $47,000 to Parker
– Hensel
– Koshi

Evidence seized
$135,814
$1,000
$47,000
$18,980
$999
$44
$520
total
Black Safe
$39,600
$1,080
$1,821
$18,980
$620
$7,090
$45
$15
Sundog
$17,000
Elements of possession with
intent to distribute


Parker knowingly possessed cocaine
Intent to deliver
Exhibit 127
Exhibit
37
Exhibit
38
Exhibit
39
Exhibit
40
Anaheim 64
Anaheim 67
Hensel 57
Anaheim 68
Hensel 58
Anaheim
71
Anaheim
72
Hensel
59
Anaheim
74
Anaheim
75
OFFICE
ALARM
KEYPAD