Actually, the Prosecution failed to ask for special jury instructions (see MSM link below).
And I also don't recall the prosecution making any objections during the defense's opening!
As the defendant does not need to prove his or her innocence, and the burden is on the government, it follows that either lawyer may choose not to present an opening statement.
As I said before,
'Opening Statements' by attorneys are not evidence (i.e., not required to meet at least 3 legal standards
*), but an attorney has an ethical obligation only to believe statements made in their Opening to be true, well-knowing that a criminal defendant doesn't have to prove anything at trial.
And December 2022,-- eleven years after the trial, we have CA still repeating her claim in a new 3 part docuseries (
Casey Anthony: Where the Truth Lies) that George was involved in Caylee's death, and also continues to allege that he sexually abused her as a child.
In other words, I think Baez stands by his opening, and that he believed his client. But I also doubt anybody (including Judge Perry) believed the unproven allegations by Baez to be credible, or responsible for CA's acquittal!
I'm not saying I agree with Baez's strategy -- just that he was under no legal burden to prove anything.
When it comes to juror instructions, I also don't think all trial Judges are created equal.
I'm specifically recalling Colorado's Judge Gregory Werner who presided over Letecia Stauch's trial. I honestly found his Juror instructions before Opening Statements to be excellent, as well as his instructions about evidence and witness testimony.
Whether or not Judge Werner's Juror Instructions are memorable because Colorado publishes
Model Criminal Jury Instructions, I don't know. Nonetheless, for reference and your convenience, please see the Model Instructions link below on pages 148-150 for Opening Statements and page 157
* -- regarding the rules for evidence presented to a jury. MOO
December 2, 2022
[..]
The docuseries marks the first time Anthony has spoken to the media since her shocking acquittal.
In the series, she once again accuses her father of being involved in Caylee's death and alleges he sexually abused her as a child.
Perry called the claims the "same old cr*p", and said they were "not very believable."
Refusing to speculate on what he believes happened, Perry said: "There are plenty of theories as to what happened. The prosecution’s argument of who would ‘make an accident look like a murder’ was compelling.
[..]
PROSECUTORS in the infamous murder trial of Casey Anthony missed several chances and overlooked key evidence that may have helped convict the accused killer mom, the judge who oversaw the case says…
www.the-sun.com