Developing a Theory and Theme of Defense

Developing a Compelling, Emotional, and Reasonable Theory of Defense is one of the most important and neglected aspects of successfully defending the person you represent. In this presentation you will learn about why developing a defense theory is so important and what goes into the creation of a compelling defense theory. You will learn about how important it is to include emotion into your defense theory and why it is so important to have that included in the presentation of your defense to the jury.

Andre Vitale (Jersey City, NJ). Andre has served as a public defense lawyer for over 25 years as a trial lawyer, training director, educator, and mentor. He currently works as a First Assistant Deputy Public Defender ad Trial Chief Essex Trial Region of the New Jersey Office of the Public Defender. Andre previously served as a Special Assistant Public Defender and Training Director with the Monroe County Public Defender’s Office (Rochester, NY) and as the Assistant Training Director with the King County Department of Public Defense (Seattle, WA). Andre is the co–chair of NJ OPD’s Forensic Science Working Group. Andre has extensive trial experience taking more than 95 cases to verdict, while handling some of the most complex matters. He has developed an expertise in defending homicide and sex cases, with a proficiency in contesting forensic and other technical evidence, including DNA, fingerprints, CSAAS, and eyewitness identification. Andre designed a Defending a Child Sex Case advanced trial skills program, which has been used by State Public Defender Offices in Montana, Missouri, and New Jersey. He is a core faculty member with Gideon’s Promise (gideonspromise.org) and Harvard Law School’s Criminal Justice Institute Trial Advocacy Workshop (TAW). Andre is both a presenter and frequent blog contributor for the National Association of Public Defense (publicdefenders.us). Due to his passion and commitment to client–centered representation, Andre has received the Kevin Andersen Award by the New York State Defender’s Association (NYSDA) and the Denison Ray Award by the New York State Bar Association