HANDGUNS SHOWN IN OPENING STATEMENTS

In Commonwealth v. Parker, the prosecutor displayed a handgun (later to be used as evidence)in his opening statement. While the error was harmless in this case, it can be used to inflame the jury says Judge John T. Bender. It may prejudice the jury but there is no rule that would prohibit such a tactic. On the other side, Hugh Burns, chief of Phildelphia district attorney's appeals unit says it would not be prejudicial since the jury will be seeing the gun later.
From Legal Intelligencer 8/22/05