Connecting with the Emotion of Trial

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Connecting with the Emotion of Trial

This program examines how defense lawyers can recognize, manage, and strategically redirect the powerful emotions that arise in criminal trials. Using vivid examples drawn from real cases, the presentation demonstrates how prosecutors often introduce emotionally charged facts at the outset of trial to shape jurors’ reactions before the defense has an opportunity to speak. The speaker explains why understanding the emotional atmosphere of a case is essential and how defense counsel can begin addressing those emotions immediately in opening statements by framing the evidence, introducing the defense perspective, and guiding jurors toward a more balanced view of the facts.

The program provides a practical framework for building a persuasive defense narrative that aligns law, facts, and emotional tone. The speaker explains how to develop a clear theory of the case—typically a concise explanation of what actually happened—and pair it with a memorable theme that captures the core message the jury should remember during deliberations. The training also explores how storytelling techniques can help lawyers shape how jurors perceive key witnesses and events, including identifying who jurors should view as credible, suspicious, sympathetic, or responsible for mistakes in the investigation.

Defense lawyers who watch this program will gain practical tools for using storytelling, tone, and courtroom presentation to connect with jurors and humanize their clients, even in emotionally difficult cases. The speaker discusses techniques for creating vivid narratives, assigning emotional context to witnesses, and maintaining credibility while addressing graphic or troubling facts. By learning how to identify the emotional currents already present in a case and redirect them strategically, defense attorneys can strengthen their opening statements, reinforce their theory throughout the trial, and present a more persuasive defense to the jury.

Kevann Gardner

Kevann A. Gardner, Esq. is an experienced trial attorney who has practiced for over 11 years serving indigent clients in felony and misdemeanor cases. He currently specializes in litigating murder, attempted murder, and first-degree sexual assault cases as a supervising attorney in the Trial Division of the Public Defender Service for the District of Columbia (‘PDS’). Mr. Gardner began working at PDS in 2005 as a criminal defense investigator. Before starting his current supervisory role, Mr. Gardner served as a law clerk, a staff attorney, a hiring committee member, and the organization’s client intake representative. He also worked as a public defender at the Legal Aid Society in the Bronx, New York, handling misdemeanor and felony cases. He currently teaches in trial advocacy programs at Harvard Law School, the Benjamin N. Cardozo School of Law, the National Criminal Defense College (NCDC), and the Defender Institute Basic Trials Skills Program for the New York State Defenders Association. He is also an adjunct professor at the American University Washington College of Law. Mr. Gardner was born and raised in Detroit, MI. He earned his B.A. from Oakwood University in Huntsville, AL and his J.D. from the Cardozo School of Law in New York, NY. During law school, Mr. Gardner worked for the NAACP Legal Defense and Educational Fund, the New York State Assembly Subcommittee on Election Day Operations and Voter Disenfranchisement, and clerked for the Honorable Cheryl E. Chambers in the Appellate Division of the New York State Supreme Court.

TOPICS

Communication Persuasion Storytelling

CLE State Accreditation

General 0.75
General CLE-AL: 0.75
General CLE-WY: 0.75
General CLE-HI: 0.75
General CLE-GA: 0.75
General CLE-SD: 0.75
General CLE-NY: 0.90
General CLE-CA: 0.75
General CLE-PA: 0.75
General CLE-IL: 0.75
General CLE-MT: 0.75
General CLE-AK: 0.75
General CLE-MD: 0.75
General CLE-NM: 0.75
General CLE-VT: 0.75
General CLE-MA: 0.75
General CLE-DC: 0.75
General CLE-ND: 0.75
General CLE-OR: 0.75
General CLE-WA: 0.75
General CLE-CT: 0.75
General CLE-NH: 0.75
General CLE-FL: 0.90
General CLE-VI: 0.75
General CLE-AZ: 0.75

Connecting with the Emotion of Trial

Connecting with the Emotion of Trial

CLE State Accreditation

CLE State Accreditation: