January 20, 2011 By Wallin & Klarich

Legal 2Recently, the San Diego court of appeal reversed a criminal conviction because the court found that the prosecution was engaged in a pervasive pattern of misconduct which rendered defendant’s trial fundamentally unfair. The reversal was necessary when during a jury trial the prosecutor questioned the defense expert about whether the defense counsel and the expert had worked together on a prior “rape trial” where they “attacked” the victim, and disparaged defense expert as someone who was being paid a lot of money to come in and give his opinion to spin the facts of the case in defendant’s favor.

The prosecution also improperly attacked the manner in which defense counsel presented his case by suggesting that his thorough cross-examining of a prosecution witness was improper and that counsel had “coached” defendant. The court also stated that the prosecution committed misconduct by urging the jury to exercise its right to find the defendant guilty because the community required justice.

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