Wednesday, August 19, 2009

Seems to be an awful lot of prosecutorial misconduct

going on out there:
Former CEO of Brocade Communications Systems, Gregory Reyes, had his convictions overturned by the the Ninth Circuit Court of Appeals. The court reversed Reyes' conviction "because of prosecutorial misconduct in making a false assertion of material fact to the jury in closing argument."
In reversing, the court states that "[t]he prosecutor asserted as fact a proposition that he knew was contradicted by evidence not presented to the jury."
So in this case they guy gets a new trial. Which means he's paying for his defense all over again, and the prosecution has to go through presenting their case all over again; this time with the defense looking for one word out of place to bring this up again.

Bet they're wishing they'd done it right the first time.

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