Originally Posted by GAC
But the defense never offered one shred of proof she was abused by her father. I'm no legal expert, but it seems to me, when it comes to the opening arguments, neither side should be able to throw out positions (theories) unless they intend to present evidence in the trial to support that supposition. And IMO the defense never intended to do so. They threw that out there just to plant that seed of "reasonable doubt" in the minds of those jurors, but again, with no evidence to back it up. That's wrong.
You're absolutely right, hence my comment that by definition are not facts. This was explained by the judge (that opening statements are not considered evidence) so any juror that took it as so was a sorry juror