Court Addresses Prosecutorial Misconduct in Tacoma Assault Cases
Prosecutors are bound by a certain code of conduct in criminal proceedings. Among other things, they cannot engage in unjust behavior during trial, such as introducing improper evidence or misstating the law. Even proving that a prosecutor engaged in such acts might not be enough to overcome errors by a deficient defense attorney, as demonstrated in a recent Washington domestic violence case. If you are faced with domestic violence charges, it is wise to meet with a Tacoma domestic violence attorney to explore your possible defenses and hire expert defense counsel from the beginning. Winning later on appeal is much more difficult.
Case Setting
It is alleged that in June 2021, the defendant was living with his long-term girlfriend and her 16-year-old son, the victim, in Washington. The relationship between the defendant and his girlfriend was turbulent, characterized by frequent and loud arguments, which at times escalated to the point where the victim would stay with his grandmother. In June 2021, the defendant and his girlfriend were arguing inside their home while the victim was outside. The victim overheard his mother accusing the defendant of physical harm and confronted the defendant, after which a physical altercation ensued, during which the defendant grabbed the victim by the throat and punched him.
It is reported that the next day, the victim was diagnosed with a fractured leg at a hospital. Subsequently, the defendant was arrested and initially charged with assault in the fourth degree, and a no-contact order was issued. After the discovery of a note from the defendant to the victim, the charge was elevated to assault in the second degree, and an additional charge of violating a no-contact order was added. In February 2023, the defendant was convicted on both charges following a jury trial. The defendant challenged his conviction, arguing ineffective assistance of counsel and prosecutorial misconduct.
Demonstrating Prosecutorial Misconduct in Washington Assault Cases
The court reviewed the defendant’s claims of ineffective assistance of counsel and prosecutorial misconduct. The defendant argued that his counsel failed to object to inadmissible testimony about prior bad acts and did not inform him of a plea offer. The court determined that while the failure to object to the testimony fell below the standard of reasonableness, it did not result in prejudice to the defendant. Additionally, the court found no deficiency in counsel’s communication and advice.
Regarding prosecutorial misconduct, the defendant claimed the prosecutor improperly introduced themes of domestic violence and child abuse, disparaged defense counsel, and misstated the burden of proof during closing arguments.
The court disagreed, noting that the prosecutor’s references to domestic violence and child abuse were supported by the context of the case, as the defendant was charged with violating a domestic violence no-contact order. Further, the court found that the comments did not constitute flagrant misconduct or result in incurable prejudice. Additionally, the court ruled that the prosecutor’s comments about the witness’s credibility and the burden of proof were not improper and did not misstate the law. Finally, the court stated that the cumulative effect of the unlawful prosecutor’s statements did not amount to incurable prejudice. It was this heightened standard on appeal. Trial counsel should have objected at the time to all of these statements. Consequently, the appellate court affirmed the defendant’s convictions. However, with a better attorney, it’s very likely that the trial judge would have kept all of this damning information and inflammatory statements away from the jury.
Confer with a Capable Tacoma Attorney
Domestic violence crimes carry lengthy penalties. Therefore, it is wise for anyone accused of such offenses to confer with an attorney about their options. The capable Tacoma domestic violence defense attorneys at The Law Offices of Smith & White can assess your case and help you to take the steps necessary to protect your rights. You can contact us through our form online or by calling us at 253-203-1645 to set up a meeting.