Wednesday, December 9, 2009

Comfort Level

The Arizona Supreme Court has adopted the recommendation of a hearing officer of a 30 day suspension and probation of a prosecutor for a wide and persistent array of ethics violations during a trial. The hearing officer had  found that the prosecutor had, among other things, argued facts not in evidence, asked improper questions, expressed personal opinions about guilt and otherwise behaved in a manner that should provide a training lesson of how not to conduct a criminal trial.

In final argument, he stated to the jury: "Ladies and Gentlemen, you've been presented a case that is as strong a case as a prosecutor can present you in a court of law." In his rebuttal argument, he told the jurors "The law requires that I not prove this case beyond all doubt, but only that you have to feel comfortable in your decision that [the defendant] is guilty."

The trial lasted five months on charges that the defendant had raped a victim and then pistol whipped the rape victim's significant other and then fatally shot him in the head.  (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/12/the-arizona-supreme-court-has-adopted-the-recommendation-of-a-hearing-officer-of-a-30-day-suspension-of-a-prosecutor-for-a-wi.html

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Comments

It's not clear from the opinion - Was the defendant convicted?

Posted by: anon | Dec 9, 2009 3:35:02 PM

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