OPENING STATEMENTS

Good morning ladies and gentlemen of the jury, my name is Abby Greenfield and it is my
privilege to represent Bear in this case before you today.

You have heard the prosecutor explain what she hopes will be proven, but she did not tell you
ALL the facts.

The prosecutor has explained that my client was “identifies” as the murderer, but in fact there are
no eyewitnesses to the supposed crimes. Most of the prosecution’s evidence is not substantial nor
concrete. Rather the evidence is based off assumptions.

The prosecutor has explained that my client was found with the hat that rabbit was wearing, but
the hat is actually Bear’s.

The prosecutor has stated that my client acted suspensions when questions, but this statement
was made to a non-authoritative individual, who has not been seen since the day of the supposed
crime.

So, I ask that you keep an open mind and listen to ALL the evidence, and return a verdict of “not
guilty”

OBJECTIVES

1. Discredit the witness

2. Interrogate the witness
3. Place the blame on Squirrel
4. Watch the prosecutor (ABIGAIL) crumble

OBJECTIONS
Relevance – question/answer not related to case
Lacks Foundation – no previous questions, just thrown out
Lacks Personal Knowledge – witness testifies on something they did not directly
observe
Creation of a Material Fact – witness made a factual error in testimony OR
question extends the scope of the statement
Improper Character Evidence – character evidence (general personality traits)
used to show how a person acted in a specific situation
Hearsay – witness testifies about a statement made by another individual to prove
if it is true/false
Bear
• Why didn’t you notice that Rabbit had your hat during your first encounter?
o Where you distraught over losing your hat?
• When you realized that Rabbit had your hat, did you suspect that he stole it?
o Did Rabbit have a reputation of stealing?
o Is Rabbit capable of stealing your hat?
▪ Bears can be intimidating with height
• What happened when you confronted Rabbit?
o Did you talk it out?
o Did he leave?
▪ Why?
▪ Why didn’t you tell anyone?
o How did you get your hat back?
• When you were approached by Squirrel, why did you act nervous?

Rabbit’s Parole Officer

• What was Rabbit’s original crime?
• Did Rabbit every have an accomplice?
• Would you say he had enemies because of his line of work?
• How often did Rabbit have to check in with you?
o Did you know his whereabouts at all times?
o How did you know that Rabbit was missing?
▪ Isn’t it your job to know where your client is?
• Was Rabbit a liar?
o He lied about having Bear’s hat
• Has he ever been a repeated offender?
o Bear’s hat was stolen
▪ Did he act alone?
• Bear is a big guy
• He could appear to be a scary person
• What if Rabbit had an accomplice?
▪ Could Rabbit commit the crime?
• Is he capable of that?
• Has Rabbit ever jumped bail?
o Is there any reason that Rabbit could have fled?
 Hat Maker
• Do you remember the hat you made for my client?
• Would you call yourself an expert hat maker?
• Do you remember why Bear had you make his hat?
• Do you remember how much it cost?
o Is it worth someone stealing?
o Why would someone find value in stealing it?
• Can I show you something?
o Present first hat picture
▪ Is this the hat that you made Bear?
o Present second hat picture
▪ Is this the hat you made Bear?
o You confirm that these are the same hats?
▪ Show picture of people wearing the hats
▪ Therefore, Rabbit had Bear’s hat

Arresting Officer
• What led you to arrest Bear?
o Was there physical evidence?
o Was there an eyewitness?
• Was there anyone else at the scene when you arrested Bear?
o NO – who made the report? What happened to Squirrel?
o YES – Correct me if I am wrong, but the Chipmunk made the report?
▪ DISAGREE - who made the report? what happened to Squirrel?
▪ AGREES – Funny, because according to my records, Squirrel
made the report. NO FURTHER QUESTIONS
• Was there a confession?
o Before or after his rights were read to him?
• NO CONFESSION, NO EYEWITNESSES, NO DNA, what do you have to
incriminate my client??

Bear’s Third Grade Teacher

• It’s a pleasure having you here, but under some weird circumstances.
• Do you recognize that young man sitting over there? The last time you truly
interacted with him was when he was about 8, and now he is 18.
• Therefore, you cannot attest to his character.
• NO FURTHER QUESTIONS
 Detective
• Do you believe that Rabbit stole Bears hat?
o Do you have reason to believe that he was acting alone?
o Is Rabbit capable of committing a high order crime?
• Is there any evidence pointing towards Bear as the cause of Rabbits
disappearance?
o Is there any other suspects?
• Are you sure that Rabbit didn’t just return the hat and carry on with his life?
o Is there any evidence that says he is dead?
o Did he flea the state? The country?
▪ Was he running from someone?
o Maybe he jumped bail?
▪ What are you doing to look into these measures?
• Could you share with the court your theory on Rabbit’s disappearance and
the evidence?

My theory
• My PROPOSAL
o There is no way that Rabbit could have committed the crime alone, or
at all.
o Squirrel knew that Rabbit had a hat, but no one else knew that
▪ How?
▪ Squirrel committed the crime
• Pinned it on Rabbit, since there is a previous criminal
history
o Explains when Rabbit was nervous the first time
Bear talked to him
▪ Didn’t want to be arrested for a crime he
didn’t commit
o Now you are wondering how that fits in with the disappearance of
Rabbit
• Rabbit confessed to Bear that he did not steal the hat
o He was afraid of the animal that original committed the crime
▪ Pleaded with Bear to forgive him
▪ Rabbit knew that the thief could hurt him
o Bear helped Rabbit
▪ Bear helped Rabbit disappear
▪ Rabbit never told Bear who the thief was
• Bear became skeptical of all animal
 • When Squirrel questioned him about where Rabbit was,
Bear became nervous and lied, except he is not a good
liar.
o Played out in Squirrels favor because he could
claim the Bear killed Rabbit
o Squirrel can continue his search for Rabbit without
looking suspicious
• Squirrel knocked out two birds with one stone – get rid of Rabbit and pin it
on Bear
o No one would ever suspect a thing
• Squirrel was the one who reported Bear, but quickly fled the scene
o He hasn’t been seen since
o Coincidence?
o My Questions
▪ Where is squirrel?
▪ How did he know about the hat?
▪ What is his connection to Rabbit?
▪ Now that the court has revealed Rabbits location, is he safe?

CLOSING STATEMENT

Suppose you picked up this morning’s newspaper and your life was a front-page
headline… and everything they said was accurate… but none of it was true.

Your face plastered on every magazine for a crime you did not commit. The worst
part, you are being accused based on assumptions instead of facts.

Ladies and gentlemen of the jury, today you heard multiple stories; a theft, a
murder, a disappearance, and a third party. Now you are left with the task of
deciding which is true.

Remember: sometimes it is dangerous to presume, especially if there is an innocent

life on the line.