Date of Offense
Reporting Authority
Statement
The Supreme Court characterized several statements in the State’s closing as “absolutely inexcusable” and found they “infected [the] trial with such a high degree of unfairness as to make [the] conviction a denial of due process.” Specifically, the assistant solicitor:
- Misstated his role as “present[ing] the truth” and implied a statutory duty to decide truth, not present evidence—misleading jurors that his personal assessment had evidentiary weight.
- Told jurors he would have “nolle prossed” (dismissed) the case if he believed someone else did it, signaling that his internal screening already determined Fortune’s guilt.
- Denigrated defense counsel, asserting “the defense attorneys’ jobs are to manipulate the truth… shroud the truth… confuse jurors… [and] do whatever they have to—without regard for the truth.” The Court held this characterization of defense counsel’s role was inexcusable misconduct.