San Andreas Judicial Branch
State of San Andreas v. Ed Timpson
"EQUAL JUSTICE UNDER LAW"
DEFENSE OPENING STATEMENT
Good morning Your Honor and Members of the Court,
During this trial, the burden of proof rest on the prosecution to prove to the courtroom beyond a reasonable doubt that our defendant is guilty of the charges alleged against him. Beyond a reasonable doubt means that a reasonable person would find the defendant guilty. In the court of law, you hear the term reasonable a lot. It simply means would another person given the same facts and circumstances, reach the same conclusion. After this trial, you will learn that you cannot reach the same conclusion the prosecution has and will find the defendant not guilty of the charges alleged against him.
Another important point is that the conclusion you reach must be made on the totality of the circumstances. Meaning that you cannot reach a conclusion based on one piece of evidence presented during this trial. You must be able to look at every piece of evidence brought forward during this trial. When you examine all the evidence the prosecution presents, which is few and far between, you will find the defendant is not guilty.
The defendant has been accused of VF01 – Evading an Officer and Accessory to WF02 – Accessory to Shooting from a Vehicle. During this trial, to prove our defendant is guilty of Evading an Officer, a key point the prosecution must prove is that he willfully partook in the act. The prosecution cannot point to a single piece of evidence to suggest he willfully partook in this crime. So, you will find that he is not guilty. Additionally, for the prosecution to prove the defendant is guilty of Accessory to Shooting from a Vehicle, they must in fact prove that he did just that. Once more, the prosecution cannot point to a single piece of evidence that says the defendant did, because he did not. So, you will find the defendant is not guilty.
The defendant and I both agree that the charges alleged against him are heinous acts and those guilty of those offenses should be held accountable. However, we also agree that those wrongfully charged and accused, like the defendant in this case, should have their Constitutional Right’s protected and be free of allegations.
During this trial, you will learn that the defendant was simply looking for a ride. The defendant accepted a ride from strangers, which he now knows was a poor choice. The defendant sat as a passenger of the vehicle and the strangers, whom he did not know, elected to make poor choices. However, the defendant never agreed with the decisions of these individuals, nor did he want any part of their acts. The defendant simply wanted a ride to his desired location... nothing more.
During this trial, you will hear testimony from Los Santos Police Captain Eleanor Quinn. Captain Quinn’s cruiser was unfortunately shot at the day of the incident. Luckily, he was not injured. However, Captain Quinn will not cite the exact person who shot at his cruiser, nor will he have first-hand events of the pursuit that took place, as he was not present during it. However, you will find that the defendant complied with officers when the vehicle he accepted a ride from finally came to a stop.
During this trial, you will hear testimony from Los Santos Police Officer Macquoid. Officer Macquoid once more was not present during much of the pursuit and will not provide first-hand events for much of what occurred. However, he will not cite the exact person responsible for the shooting.
The prosecution will claim the defendant had ample opportunity and multiple occasions where he could have exited the vehicle. However, the prosecution will not provide any examples or evidence to show this claim. Simply, because the prosecution has none. Nor does the prosecution have any evidence suggesting the defendant engaged in a shooting, because the defendant did not. Your Honor, thank you for overseeing this trial. Members of the court, thank you for your presence during this trial. After the presentation of all the facts of this case, we look forward to your verdict of not guilty.
Respectfully,
Junior Defense Attorney
San Andreas Judicial Branch
(909) 523-3622 —
[email protected]