by TChris

It is ultimately the job of the judge, not the prosecutor, to define the law for the jury. A prosecutor who describes the law incorrectly during closing arguments risks reversal of any resulting conviction. That was the case in Kentucky, where the court of appeals overturned Crystal Plank's conviction of complicity to second-degree manslaughter.

Crystal's brother broke into a garage. Realizing that he left his toolbox at the scene of the crime, he convinced Crystal to drive him back so he could retrieve it. Crystal's brother shot and killed Byron Pruitt during his return to the crime scene. Crystal was accused of complicity in that death.

However, during closing arguments, Plank's prosecutor "improperly redefined the law for the jury," Judge Wilfrid A. Schroder of Covington wrote. The prosecutor told jurors if they believed Plank took Pollini to retrieve the tool box, they must find her guilty of complicity to murder and burglary.

The court of appeals also overturned Plank's conviction of facilitating the burglary, given the lack of evidence that Plank knew about, or played any part in, her brother's burglary of the garage.