Improper Cross and Arguments Lead To New Trial

Prosecutorial and police misconduct led to the reversal of a first-degree murder conviction by the Florida Supreme Court.

 Among other errors, the lead detective usurped the role of the jury by being permitted to opine that a voice heard on a 911 call-back recording belonged to the defendant, even though the detective had no prior knowledge of the defendant and no expertise in voice identification. In addition, the State insinuated unsubstantiated and incriminating facts when it cross-examined the defendant, by implying through its questions that the defendant was obsessed with his estranged wife and stalking her boyfriend—the victims. Yet, the prosecutor recognized that he could not present any evidence to support such statements because they were based on speculation and hearsay. The prejudicial effect of these errors was then amplified by patently improper comments in the closing argument, during which the prosecutor repeatedly disparaged the defendant’s theory of the case and defense attorneys in general; relied on facts and statistics not in evidence to imply that the victims must have been murdered by a family member; and criticized the defendant’s decision to pursue his constitutional right to a jury.

The cumulative effect of these preserved errors was not harmless beyond a reasonable doubt, and the existence of additional unpreserved errors buttresses our conclusion that Evans is entitled to a new trial.

 The victims were the defendant’s estranged wife and her new boyfriend. The marriage was “tumultuous” in part because of the defendant’s affair with his ex-wife. (Mike Frisch)