Reversal Of Fortune

The South Carolina Supreme Court has reversed a criminal conviction for misconduct in argument

Among the several blatantly improper comments the prosecutor made in his closing argument to the jury in Oscar Fortune’s murder trial, he claimed, “My job is to present the truth,” and said, “if you look in the . . . Code of Laws . . . [ ,I] have to say what the truth is.” “On the other hand,” the prosecutor told the jury, “the defense attorneys’ jobs are to manipulate the truth. Their job is to shroud the truth. Their job is [to] confuse jurors. Their job is to do whatever they have to –without regard for the truth.” The prosecutor explained that if he—the prosecutor— believes “somebody else did the crime,” then he must “dismiss it.” “And [if] I know the person has done something that I think the facts show they’re guilty of, then I can’t [dismiss] it. I have to go forward with it.”

We find the prosecutor’s improper remarks violated the defendant’s rights under the Due Process Clause. We reverse the denial of post-conviction relief (PCR), and remand to the court of general sessions for a new trial.