Heed The Warning
A prosecutor’s Golden Rule argument was improper but did not warrant reversal of the conviction, held the Florida Fifth District Court of Appeal
The minor victim in this case suffered numerous significant injuries at the hands of Panchoo, including a fracture to her right elbow and a large subdural hemorrhage on the left side of her brain, which required emergency surgical intervention to reduce the swelling and resulted in the victim remaining in a coma for three days. During closing argument, the prosecutor explained to the jury each element of the crime that he believed he had readily established. The prosecutor then stated: “Think how bad a broken elbow would hurt by itself. Imagine getting bashed in the head like this. Bashed on the back of the head . . . . I submit to you that’s torture.” Defense counsel timely objected, asserting that this argument violated the “Golden Rule.” The court overruled the objection and, thereafter, denied counsel’s motion for mistrial.
Affirmed with a warning
In the present case, the prosecutor needlessly jeopardized a conviction with this improper argument. Long ago, Justice Terrell, writing for the court in Stewart, eloquently observed:
[W]e are committed to the principle of fair and impartial trial, regardless of the offense one is charged with. So it is immaterial what one is charged with, he is entitled to a fair and orderly trial in an environment reflecting the constitutional guarantees which constitute fair trial. Under our system of jurisprudence, prosecuting officers are clothed with quasi judicial powers and it is consonant with the oath they take to conduct a fair and impartial trial. The trial of one charged with crime is the last place to parade prejudicial emotions or exhibit punitive or vindictive exhibitions of temperament. It imposes an added burden on the taxpayers for court expenses and clutters the docket of this court with unnecessary appeals. 51 So. 2d at 494–95.
Prosecutors would do well to heed Justice Terrell’s admonition when making closing argument to avoid future reversals on appeal and/or referrals to The Florida Bar by this court.
(Mike Frisch)