Once the facts of our case are transmitted to the jury, how will their knowledge be transformed into caring and action for our client? While jurors observe and respect a lawyer's presentation of evidence and knowledge of the law, to what do they really respond? In short, it is the human event the Texas criminal defense lawyer creates in the courtroom, it's The Story.
The jury wants to hear a story. They have an appetite for it. Our story defines a cause that makes it different from all other stories. Our story defines where the fight will occur. Our story makes the result the right thing to do. The lawyer marshals the juror's feelings, as well as the facts, moving them to action on our client's behalf using the story.
Stories told in the present tense capture the imagination. For the teller to focus everyone's attention on her telling, she is personally involved and is speaking as one human to a group of fellow humans, not as a professional to amateur. The teller is putting her audience on equal footing as people actually experiencing this human event.
The story then doesn't belong to the teller alone, it belongs to the audience and the teller together who experience it simultaneously. The teller wants the story told to personally involve the listeners. Involving the listeners to this extent, they feel their active participation is necessary for the story to achieve its proper ending. The listener feels they are necessary for the story to proceed from moment-to-moment.