Opening statement — John Kelly — February 6, 1997 (Day 55)

📄 Opening statement — John Kelly — Thursday, February 6, 1997

Address:

C:\DEPT103\CIVIL\1997\FEB\6\OPENING-STATEMENT-JOHN-KELLY.DOC

TRIAL

▲ Day 55 of 57

◀ Opening statement — Daniel Petrocelli Opening statement — Robert Baker ▶

Opening statement — John Kelly

Examiner: John Kelly
Called by: Prosecution • Date: Thursday, February 6, 1997 • Utterances: 6

John Kelly delivers a brief opening statement in the punitive damages phase of the civil trial, urging jurors to impose punishment against Simpson on behalf of Nicole Brown Simpson's estate and her two children. He frames the damages award as the children's only protection and asks jurors not to let Simpson use his children as a shield.

# 1 MR. KELLY:

Morning, ladies and gentlemen.

# 2 JURORS:

Morning.

# 3 MR. KELLY:

Thank you. This is going to be your one and only opportunity to act on behalf of Nicole's estate, for the benefit of her two small children, and provide some measure of punishment and deterrence to the man who murdered their mother. The one thing I'm going to urge you people to do is to not let Mr. Simpson hide behind these children. You've heard the testimony.

KEY QUOTE

# 4 MR. BAKER:

Your Honor, I'm going to object. This is not proper.

# 5 THE COURT:

Sustained.

# 6 MR. KELLY:

When I stand before you later on, and you've heard all the testimony at this phase in the trial, I'll ask you to act in such a manner as to ensure that no man, especially a man gifted with fame and fortune, will ever act with such malice, such oppression, and such a reckless disregard for human life, as Mr. Simpson did on June 12, 1994. And it's going to be that measure of punishment that you make a determination of, it will be the only protection these children have as they face the rest of their lives. Thank you.

Temperature

emotional

Key Quotes (3)

John Kelly

This is going to be your one and only opportunity to act on behalf of Nicole's estate, for the benefit of her two small children, and provide some measure of punishment and deterrence to the man who murdered their mother.

Sets the moral frame for the punitive damages phase — positions the jury as the sole check on Simpson's conduct.

John Kelly

I'll ask you to act in such a manner as to ensure that no man, especially a man gifted with fame and fortune, will ever act with such malice, such oppression, and such a reckless disregard for human life, as Mr. Simpson did on June 12, 1994.

Invokes the legal standard for punitive damages — malice, oppression, reckless disregard — while also targeting Simpson's celebrity status as an aggravating factor.

John Kelly

Do not let Mr. Simpson hide behind these children.

Preemptively neutralizes an expected defense strategy of invoking Simpson's role as father to his children with Nicole to generate jury sympathy.

Notable Exchanges (1)

John Kelly•Robert Baker•Hiroshi Fujisaki

Baker objects and Fujisaki sustains when Kelly urges jurors not to let Simpson 'hide behind these children,' cutting off what would have been a pointed attack on an anticipated defense tactic.

strategic

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 8890 • 6 utterances • Prosecution

Civil Trial

Department 103