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As his criminal trial gets underway with opening statements and the presentation of the first prosecution witness, defendant Donald Trump’s defense lawyers signaled a “throw everything against the wall and see what sticks” strategy that may reflect a desperate attempt to find something– anything–that may appeal to a lone holdout juror.
Indeed, the phrase “you only need one”–or some variation of that–seems to have become mantra among reporters and legal commentators covering the trial. But the scenario of a lone holdout juror causing a “hung jury” and ensuing mistrial is neither the panacea Trump may believe it to be nor as grave a danger that those hoping for a Trump conviction fear it to be.
Classically strong defense opening statements usually vary between a near silent approach–sometimes defense counsel even reserve openings until later in the trial if the rules allow for it–in which the defense lawyer simply reminds the jury of the fact that the prosecution has the extremely high burden of proof and to scrutinize the evidence and witnesses carefully and an approach that lays out the theory of defense.
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