-
Dec 25, 2006 4:41 pm US/Central
-
Digg |
Facebook |
E-mail
|
Print
Supreme Court Targets Prosecutorial Misconduct
Minneapolis (AP) ―
Minnesota prosecutors are being told to clean up their act.
Two recent state Supreme Court decisions have cracked down on improper closing arguments and other prohibited trial behavior by the state's prosecutors, to the delight of defense attorneys who have been lobbying for such action.
One case reversed a gang member's first-degree murder conviction despite strong evidence laid out by the state, with the court calling the prosecutor's misconduct "pervasive."
Another ruling placed the burden on prosecutors to prove their misconduct did not substantially harm defendants' rights in some criminal cases, which is counter to a long-standing legal rule.
"We have identified numerous kinds of trial conduct that are improper for prosecutors. ... Nevertheless, we continue to see cases in which prosecutors persist in clearly proscribed conduct," Justice Helen Meyer wrote in September for a 4-3 majority in State vs. Ramey.
Some prosecutors say the rulings have handcuffed them, making it more difficult to put dangerous people behind bars.
"But this is an adversarial system, and if you tie the hands of the prosecutors when they go into that arena, it doesn't serve either public safety or justice," Ramsey County Attorney Susan Gaertner said.
Defense lawyers say judges for too long have merely warned prosecutors to stop the behavior. They say the rulings finally show that the judges mean business.
"There has to be some kind of remedy, some consequences for behavioral errors that occur over and over again," Hennepin County Chief Public Defender Lenny Castro said. "I don't think the new standard is unfair at all."
Prosecutor misconduct cases have popped up throughout the state, most of which involve improper questioning of a witness or improper closing arguments.
Prosecutors voicing their own opinions about the truthfulness of a witness's testimony, appealing to the base emotions of a jury or using facts not introduced in evidence are considered to be acting improperly.
"Over the years, (judges) have found 20 different ways for prosecutors to commit misconduct in closing arguments. But it's a little hard to understand how it's misconduct if you didn't know that it was wrong," Anoka County Attorney Robert Johnson said.
Lisa Borgen, a district court judge in Moorhead, is currently under investigation for what the state Supreme Court called "pervasive and unprecedented" misconduct as Clay County attorney in the 2003 first-degree murder trial of Troy Mayhorn.
The court reversed Mayhorn's conviction because of Borgen's conduct while questioning Mayhorn. The justices said Borgen tried to play on the passions of the jury and misstated the evidence.
Borgen has since said she should have taken a different approach to questioning Mayhorn.
Borgen's attorney, Richard Pemberton, said his client will be exonerated.
Gaertner joined Johnson in calling for a more clear definition of "improper conduct."
"It's not as if there was a bright line set down," she said. "It seems like the line is a wavy one, and we're not sure where it is."
(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)