Prosecutorial Misconduct Causes Reversal of Murder Conviction
Sometimes prosecutors say the worst things about defendants or their counsel during closing argument. Once in a while, an appeals court pays attention.
In a stabbing case that resulted in a second degree murder conviction in Maryland, here's what the prosecutor, then-Assistant State's Attorney Rex Gordon, said in rebuttal after the defense lawyer in closing pointed out discrepancies between the state witness' trial testimony and his prior statement given to police.
"I want you to remember that if any one of you . . . witness a murder and wound up sitting in that witness chair nine or 10 months later, some defense lawyer, somewhere in that trial, would be standing in front of a jury, making the snide and condescending and obnoxious comments about you."
Lynch's objection was overruled, and Gordon continued: "It is just their stock in trade. It is what they do when their client is guilty and there is no defense."
The court's ruling: Gordon's comments attacking defense attorneys as a group were an improper appeal to the prejudices of the jurors. Result: Conviction overturned, new trial ordered.
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