2019 Investigative Summary 9

Investigation of Alleged IMPROPER CLOSING AND REBUTTAL ARGUMENTS

A component reported judicial criticism by a court of appeals, which reversed a defendant’s convictions after finding that Department attorneys misrepresented the evidence and made other improper arguments to the jury during their closing and rebuttal closing arguments. 

Based on the results of its investigation, OPR determined that the prosecutors’ errors were mistakes caused by their lack of time to fully prepare for the closing and rebuttal closing arguments and that their mistakes did not rise to the level of poor judgment or professional misconduct.