Friday, February 3, 2017

Prosecutor’s Remarks on Defendant’s Silence Requires Reversal

Although the prosecutor never remarked that a defendant’s silence implied anything during trial, any reference to a defendant’s silence is enough to require reversal

State v. A. M., 2016 BL 429804, Conn., No. SC 19497, 12/23/16.

The Connecticut Supreme Court held that any comments made by the state during a trial that reference a defendant’s silence during the trial proceedings is sufficient to trigger a reversal. During the closing argument, the prosecutor mentioned twice that the defendant had a constitutional right to remain silent, but that the jury could judge his credibility through statements made before the trial. The court reasoned that any comment on the defendant’s silence, even referencing the right to remain silent, can improperly draw the jury’s attention to the defendant’s decision to not take the stand. Moreover, there was a state statute that expressly prohibited prosecutors from commenting on a defendant’s refusal to testify at trial.

The state defended the error by arguing that it was harmless. The court rejected the argument because the case hinged on the defendant’s credibility, which was implicitly called into question by the reference to his silence at trial.

https://www.bloomberglaw.com/public/desktop/document/State_v_A_M_No_SC_19497_2016_BL_429804_Conn_Dec_23_2016_Court_Opi?1485364268

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