Call Now For Help

732.580.1237

Prosecutorial Misconduct Gives Defendant New Trial

29
Oct
2010

by in Criminal Appeals

State v. Terrance Lamont Travers, App. Div. Docket No. A-6044-07T4 (July 21, 2010) – “Because we conclude that the prosecutor made improper arguments during summation with respect to the robbery, carjacking, and one of the weapons counts, we reverse those convictions…. [T]he prosecutor improperly argued to the jury that Travers was responsible for the witnesses’ lack of memory through intimidation. As Travers points out, that portion of the summation was patently in contravention of the trial judge’s very specific direction at the time of the Rule 104 hearing…. There can be no doubt that the prosecutor intended to suggest to the jury that LaGuerre and Silver’s recent lack of memory resulted from fear of Travers…. There can also be no question that, in doing so, the prosecutor totally ignored the trial judge’s very specific direction, given twice, that he make no such argument…. Because the prosecutor never offered evidence that a threat was ‘actually received’ and never sought to persuade the judge to change her prior ruling, his argument was a blatant violation of the trial judge’s specific direction to him and patently improper…. The State’s entire case as it related to the carjacking and robbery rested on the jury’s acceptance of the truth of the statements given by LaGuerre and Silver. Despite the fact that the trial judge had twice put the intimidation argument out of bounds, the prosecutor was clearly attempting to bolster the credibility of their statements by arguing that the witnesses were so afraid of Travers that they were afraid to testify. Had the trial judge given a prompt direction that the jury disregard the prosecutor’s argument at the time, we would take a different view of the issue before us. The fact that the prosecutor’s inappropriate argument was allowed to stand unchallenged by the judge leads us to conclude that the prosecutor’s misconduct ‘raise[s] a reasonable doubt as to whether the error led the jury to a result it otherwise might not have reached.’

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.