Extra Care For Prosecutor’s DNA Argument

The Maryland Court of Appeals has reversed a conviction for second-degree murder, holding that the prosecutor’s closing argument regarding the DNA evidence was improper and misleading.

The court noted that “extra care” should be taken in arguments involving DNA in light of the “high degree of confidence” that jurors have in such evidence.

Here, the court held that it was improper for the prosecutor to state that the defendant’s DNA was conclusively found at the crime scene without supporting expert testimony. Further, the prosecutor made misleading remarks about the statistical significance of the DNA evidence. (Mike Frisch)