Wednesday, April 13, 2011
The Wyoming Supreme Court reversed a criminal conviction for larceny due to prosecutorial misconduct in the cross-examination of the defendant. The prosecutor had repeatedly asked the defendant if the witnesses against him were lying. The court noted that prior Wyoming law clearly forbade the technique. The result was not affected by the trial counsel's failure to object.
The defendant had testified that he had no memory of the events at issue, which started with the victim giving the defendant a hitchhike pick up (a "dummied up" decision) and then some work. The kind gestures were repaid by the crime.
The prosecutor's closing argument called the defense case a "CRS Defense." The initials stand for "I Can't Remember Sh*t." (Mike Frisch)