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48 Emory L. J. 107 (1999)
From O.J. to McVeigh: The Use of Argument in the Opening Statement

handle is hein.journals/emlj48 and id is 117 raw text is: FROM O.J. TO MCVEIGH: THE USE OF ARGUMENT IN THE OPENING STATEMENT L. Timothy Perrin* Opening statements are not evidence .... We're lawyers. We're not witnesses. We're not under oath. Nothing we say is evidence.' -Christopher Darden, opening statement in People v. O.J. Simpson The opening statement is not opening argument, but it is just that- opening statement. If you have had occasion to go to a movie, you know that there is something called the previews of coming attrac- tions. [The opening statement] is supposed to be a guide, a road- map, if you will, what we expect the evidence to show .... What I say is not evidence.2 -Johnnie Cochran, opening statement in People v. O.J. Simpson An opening statement is not argument. I am not permitted... to argue the strength of my evidence, to try to convince you to accept my version and to reject the defense version .... At this time we will simply tell you what the evidence will show.3 -David Conn, opening statement in People v. Erik and Lyle Menendez * Associate Professor of Law, Pepperdine University School of Law. I am grateful to Stephanie Hin- gle and Robert McFarland for their excellent research assistance and to Pepperdine University School of Law for funding this Article with a summer research grant and a Rick Caruso Research Fellowship. 1 People v. Simpson, No. BA097211, 1995 WL 25440, at * 19 (Cal. Super. Ct. Jan. 24, 1995) (opening statement of Christopher Darden). 2 People v. Simpson, No. BA097211, 1995 WL 27396, at * 12 (Cal. Super. CL Jan. 25, 1995) (opening statement of Johnnie Cochran). 3 People v. Menendez, No. BA068880, 1995 WL 597779, at *16 (Cal. Super. Ct. Oct. 11, 1995) (opening statement of David Coan).