Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

PLEASE PROVIDE A SUMMATION FOR BOTH THE DEFENSE AND PROSECUTION BASED ON THE FACT PATTERN FOR YOUR OPENING STATEMENT. NOTE: Please use my opening statement

PLEASE PROVIDE A SUMMATION FOR BOTH THE DEFENSE AND PROSECUTION BASED ON THE FACT PATTERN FOR YOUR OPENING STATEMENT.

NOTE: Please use my opening statement as a templet to build a summation.

OPENING STATEMENT TO THE DEFENSE JURY LADIES AND GENTLEMEN OF THE JURY:

"We, the Defense, wish to express right at the beginning of this trial that the Prosecutor's Office has wrongly accused Mr. John Cena of driving while intoxicated, this being an unfortunate accident that no one could have reasonably predicted, or could have controlled. It arose from a set of circumstances that were beyond the comprehension or control of any person. I want to remind the jury at the beginning of this trial that our client is innocent of these charges and must remain innocent unless and until proven guilty special charge beyond a reasonable doubt. It is not our job to prove your innocence or these charges. He already has that charge and must remain innocent until come another way.

We are prepared to show that the defendant had no criminal motive in driving off the highway on July 4, at 9:00 pm, at the intersection of Champion Way and Intercontinental Boulevard, while serving a of his work activities as a delivery man for the Smokey Mountain BBQ Restaurant, which is managed by Nikki Bella, who would send our representative to make the delivery. Our client has been working there for 10 years and up to the date of the accident he has not had any other mishap. On July 4, 2021, the day of the accident, Jhon Cena along with all his companions had made a toast with Mrs. Nikki Bella, which is why she smelled like champagne and not because she was drunk at the time of the crash. Sufficient reason why he refused to perform chemical breath tests or physical tests, since the law does not require any particular chemical or physical test to prove that a person was intoxicated.

The physical identification of officer Bray Wyatt on our client, when observing him with reddened eyes, is directly linked to an allergy that he has suffered for many years towards sauces, specifically BBQ sauce, and on July 4, 2021, he will serve and prepare food in his work site for 400 people caused an outbreak of said allergy, prompted by this, Mrs. Nikki Bella requested the elaboration of an extra order to Mr. John Cena to be delivered by him. Being this contact from the start time of the festivities in the restaurant Smokey Mountain BBQ from 11:00 a.m. to 9:00 p.m. at the time of the accident, being exposed for 10 hours in a row to elements that cause his allergy. However, Mrs. Nikki Bella knew of his condition when asking him to deliver the order, because she observed his physical condition and reddened eyes due to the severe allergy he presented and still did nothing to help him. Demonstrating with this, that the lack of balance, coordination and way of speaking, for this reason Officer Watt helping John to his feet was very wobbly as he walked away and Officer Wyatt asking John if he had anything to drink this alone He answered little at first being honest since I only drink champagne during the toast at 11:00am, but then I only fill the glass with iced tea from the restaurant, to help him with his allergy, being consequences of intoxication for the BBQ sauces, whose allergy worsened until it reached a picture of intoxication that brought with it unsustainable physical and mental consequences for our client, having a shock in which fortunately he did not end his life.

Before this trial is over, and after all the effects in your case are known, we believe that then we will understand that the determination of these problems is really a disgrace and a tragedy that will make us convinced, like me. that the defendant is innocent of these charges.

Thank you!

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express Medical Law

Authors: Jonathan Herring

7th Edition

1292295546, 978-1292295541

More Books

Students also viewed these Law questions

Question

Outline four general characteristics of Wundts thought.

Answered: 1 week ago