Government's Motion for an Opening Statement

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Government's Motion for an Opening Statement, dated October 4, 2022 and filed as Document 111 in Case No. 3:22cr33 (MPS), United States v. Michael Dimassa and John Trasacco in the District of Connecticut. The Government asks the court to permit opening statements of no more than 15 minutes for each party. It argues that, in a white collar case involving fraud from a municipality, an opening would give the jury a road map of the bank records, municipal records and witness testimony. It adds that a non-argumentative opening would aid the jury's understanding of the evidence and avoid time-consuming readback later.

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       Case 3:22-cr-00033-OAW Document 111 Filed 10/04/22 Page 1 of 3


                      UNITED STATES DISTRICT COURT
                        DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA                :      Case No. 3:22cr33 (MPS)
                                        :
             v.                         :
                                        :
MICHAEL DIMASSA and                     :
JOHN TRASACCO                           :      October 4, 2022


        GOVERNMENT’S MOTION FOR AN OPENING STATEMENT

      The Government submits this memorandum for opening statements of no

more than 15 minutes for each party.

       As the Court knows, whether to permit “[a]n opening statement is a matter

for the discretion of the court.” United States v. Young & Rubicam, Inc., 741 F.

Supp. 334, 352 (D. Conn 1990); see also United States v. Salovitz, 701 F.2d 17, 20

(2d Cir. 1983). Here, as in any trial, opening statements would provide the jury

with a “table of contents” or a “road map” that succinctly sets forth each party’s

view of the evidence, the witnesses to be called, the charges against the defendants,

and the defenses (if any) that they should keep in mind throughout the presentation

of the evidence. See United States v. Dinitz, 424 U.S. 600, 612 (1976) (purposes of

an opening statement are “to state what evidence will be presented, to make it

easier for the jurors to understand what is to follow, and to relate parts of the

evidence and testimony to the whole . . . .”) (Burger, C.J., concurring).

      Here, in a white collar case involving fraud from a municipality, opening

statements would be particularly useful to the jury and to an efficient trial. There

are several different types of evidence including bank records, municipal records, and

witness testimony. Launching directly into the narrative of this case with no
       Case 3:22-cr-00033-OAW Document 111 Filed 10/04/22 Page 2 of 3


roadmap of the evidence to come would present an entirely unnecessary challenge for

the jury in understanding the importance of each piece of evidence from the beginning

of the trial. A carefully delivered, non-argumentative opening would allow the

parties to provide an overview of the anticipated evidence, the charges, and how the

evidence will fit into the different aspects of proving or defending the case. It would

increase the jury’s understanding of the evidence, and better the likelihood that the

jury will appreciate the witness’s testimony as it is given (rather than requiring time-

consuming readback later on). Accordingly, the Government requests that the Court

exercise its discretion to permit the parties brief opening statements.



                                            Respectfully submitted,

                                            VANESSA ROBERTS AVERY
                                            UNITED STATES ATTORNEY

                                                            /s/
                                            RAY MILLER
                                            Federal Bar No. 20451
                                            ASSISTANT U.S. ATTORNEY
                                            157 Church Street, 25th Floor
                                            New Haven, CT 06510
                                            Tel.: (203) 821-3700




                                          -2-
         Case 3:22-cr-00033-OAW Document 111 Filed 10/04/22 Page 3 of 3


                               CERTIFICATE OF SERVICE

       I hereby certify that on October 4, 2022, a copy of the foregoing was filed electronically.

Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic

filing system. Parties may access this filing through the Court’s CM/ECF System.


                                                                       /s/
                                                    RAY MILLER
                                                    ASSISTANT UNITED STATES
                                                    ATTORNEY




                                                 -3-


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