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Improper Opening Forces Mistrial

By TChris, Section Crime in the News
Posted on Mon Mar 14, 2005 at 03:08:50 PM EST
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by TChris

A Texas prosecutor crossed the line during opening statements today in the trial of a nurse accused of killing ten elderly patients.

Vickie Dawn Jackson's attorney asked for the mistrial after prosecutor Ralph Guerrero said no one may ever be able to provide a motive - not even Jackson herself - for the crimes at Nocona General Hospital four years ago. Defense attorney Bruce Martin said that indicated Jackson would testify when she is not required to do so.

The judge initially denied a mistrial motion, then reconsidered and granted the mistrial after taking a two-hour break. The case will resume, with a new jury selection, on March 29.

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    Improper Opening Forces Mistrial | 9 comments (9 topical)
    Re: Improper Opening Forces Mistrial (none / 0) (#1)
    by scarshapedstar on Mon Mar 14, 2005 at 03:23:30 PM EST
    Heh, quick thinking. I love great legal moments like this.

    Re: Improper Opening Forces Mistrial (none / 0) (#2)
    by Talkleft Visitor on Mon Mar 14, 2005 at 03:37:52 PM EST
    Sounds like Ralph Guerrero could use some tips from Nancy Grace. Or not.

    Re: Improper Opening Forces Mistrial (none / 0) (#3)
    by Talkleft Visitor on Mon Mar 14, 2005 at 05:14:30 PM EST
    It's always good to see a trial judge with the courage to do the right thing. Prosecutors will never learn not to cross the line until they get sanctioned a time or two. It's entirely the defendant's decision whether to testify under our Constitution. Prosecutors are not allowed to comment on the defendant's right, nor are they allowed to comment if the defendant does not testify. It's great to see a trial judge who takes this constitutional right seriously. This is one of the RARE cases that would have a chance of coming back for a new trial after appeal, if the judge had not been brave enough to declare a mistrial.

    Re: Improper Opening Forces Mistrial (none / 0) (#4)
    by Peter G on Mon Mar 14, 2005 at 06:13:22 PM EST
    Any chance the prosecutor was unhappy with the outcome of jury selection and did it on purpose to provoke the mistrial motion in hopes he'd get a "better" jury if he tried again? If so, the defendant could have a double jeopardy claim.

    Re: Improper Opening Forces Mistrial (none / 0) (#5)
    by Talkleft Visitor on Tue Mar 15, 2005 at 04:20:55 AM EST
    If the jury was already selected, and the persecutor's misconduct caused a mistrial, doesn't double jeopardy bar retrial?

    Re: Improper Opening Forces Mistrial (none / 0) (#6)
    by txpublicdefender on Tue Mar 15, 2005 at 06:32:57 AM EST
    Only if the prosecutor intentionally provoked the mistrial, rea. Or if the conduct was so egregious that any reasonable person would know it would result in the mistrial. Although I agree with the judge's decision, it sounds like this was a case of the prosecutor being careless with his words, rather than intentionally provoking the mistrial.

    Re: Improper Opening Forces Mistrial (none / 0) (#7)
    by Talkleft Visitor on Tue Mar 15, 2005 at 06:34:36 AM EST
    There is not really much that can be done about this kind of incompetence except bar complaints or contempt charges from the bench if the judge thinks it's calculated and not simple incompetence. Otherwise it's just a waste of taxpayer money while an attorney learns to be a prosecutor. Judges I am familiar with are used to running their courtrooms, so this doesn't surprise me.

    Re: Improper Opening Forces Mistrial (none / 0) (#8)
    by Che's Lounge on Tue Mar 15, 2005 at 07:12:06 AM EST
    At least it wasn't during closing arguements.

    Re: Improper Opening Forces Mistrial (none / 0) (#9)
    by Talkleft Visitor on Wed Mar 16, 2005 at 05:29:18 AM EST
    "Only if the prosecutor intentionally provoked the mistrial, rea. Or if the conduct was so egregious that any reasonable person would know it would result in the mistrial." Oh, if only the Courts were so enthusiastic about protecting us civil lawyers (& our clients) from the consequences of our own stupidity!

    Improper Opening Forces Mistrial | 9 comments (9 topical)