Magna Carta News
Wednesday, August 13, 2003
The study of criminal appeals from 1970 to the present revealed 308 Oklahoma cases in which the defendant alleged prosecutorial misconduct. In 30 cases, judges ruled a prosecutor’s conduct prejudiced the defendant and reversed or remanded the defendant's conviction, sentence or indictment. In 13, a dissenting judge or judges thought the prosecutor's conduct prejudiced the defendant. Out of all the defendants who alleged misconduct, one later proved his innocence.
Out of the 30 cases in which courts determined the prosecutor's conduct prejudiced the defendant, 26 involved improper trial arguments, questioning of witnesses or other improper trial tactics. Four involved the prosecution withholding evidence from the defense.
Former Oklahoma County District Attorney Robert Macy tried at least seven of the cases in which defendants alleged a prosecutor denied them a fair trial. In five, judges ruled his conduct did not prejudice the defendant. In one, the court ruled his conduct prejudiced the defendant and reversed the conviction. In two, a dissenting judge or judges would have reversed the conviction due to his conduct.
In November 1988, the state appeals court reversed Curtis McCarty's first-degree murder conviction due to the improper trial behavior of Macy and his assistant Barry Albert. During closing argument, Macy commented on facts not in evidence, attacked the credibility of defense counsel and expressed his personal opinion. The case involved Joyce Gilchrist, a police forensic chemist who, it was later discovered, apparently falsified evidence in criminal cases.
In the beginning of his closing argument, Macy said to the jury, "I wonder if [McCarty] was grinning and laughing that night when he murdered [the victim]."�
In addressing Macy's trial arguments, the court referred to a 1986 Tenth Circuit Appeals Court ruling that reversed a defendant's first-degree murder convictions because Macy withheld exculpatory evidence from the defense and jury.
"Mr. Macy's comment was, in the words of Tenth Circuit Judge Seymour, criticizing Mr. Macy for similar tactics, " at best speculation and at worst fantasy,"� wrote Justice J. T. Parks. "The evidence against [McCarty] cannot fairly be termed overwhelming, and we cannot conclude that the multitude of errors was harmless beyond a reasonable doubt."�
In an appeal decided during March 1985, defendant Robert Cantrell alleged Macy's improper trial arguments deprived him of a fair trial. A jury convicted him of attempted perjury and he was sentenced to two and one half years in prison. The court's majority held Macy's comments did not prejudice Cantrell.
In a dissenting opinion, Justice Parks ruled that Macy's comments "repeatedly breached the boundaries of the issues in this case."� Parks was particularly concerned with Macy's comments regarding politicians and lawyers.
"It appears the prosecutor had a low opinion of both politicians and lawyers,"� Parks wrote. "The prosecutor is both a lawyer and an elected official, ergo, a politician; therefore, his opinion appears formed from first-hand knowledge."�
Oklahoma Prosecutorial Misconduct
Out of the 30 cases in which courts determined the prosecutor's conduct prejudiced the defendant, 26 involved improper trial arguments, questioning of witnesses or other improper trial tactics. Four involved the prosecution withholding evidence from the defense.
Former Oklahoma County District Attorney Robert Macy tried at least seven of the cases in which defendants alleged a prosecutor denied them a fair trial. In five, judges ruled his conduct did not prejudice the defendant. In one, the court ruled his conduct prejudiced the defendant and reversed the conviction. In two, a dissenting judge or judges would have reversed the conviction due to his conduct.
In November 1988, the state appeals court reversed Curtis McCarty's first-degree murder conviction due to the improper trial behavior of Macy and his assistant Barry Albert. During closing argument, Macy commented on facts not in evidence, attacked the credibility of defense counsel and expressed his personal opinion. The case involved Joyce Gilchrist, a police forensic chemist who, it was later discovered, apparently falsified evidence in criminal cases.
In the beginning of his closing argument, Macy said to the jury, "I wonder if [McCarty] was grinning and laughing that night when he murdered [the victim]."�
In addressing Macy's trial arguments, the court referred to a 1986 Tenth Circuit Appeals Court ruling that reversed a defendant's first-degree murder convictions because Macy withheld exculpatory evidence from the defense and jury.
"Mr. Macy's comment was, in the words of Tenth Circuit Judge Seymour, criticizing Mr. Macy for similar tactics, " at best speculation and at worst fantasy,"� wrote Justice J. T. Parks. "The evidence against [McCarty] cannot fairly be termed overwhelming, and we cannot conclude that the multitude of errors was harmless beyond a reasonable doubt."�
In an appeal decided during March 1985, defendant Robert Cantrell alleged Macy's improper trial arguments deprived him of a fair trial. A jury convicted him of attempted perjury and he was sentenced to two and one half years in prison. The court's majority held Macy's comments did not prejudice Cantrell.
In a dissenting opinion, Justice Parks ruled that Macy's comments "repeatedly breached the boundaries of the issues in this case."� Parks was particularly concerned with Macy's comments regarding politicians and lawyers.
"It appears the prosecutor had a low opinion of both politicians and lawyers,"� Parks wrote. "The prosecutor is both a lawyer and an elected official, ergo, a politician; therefore, his opinion appears formed from first-hand knowledge."�
Oklahoma Prosecutorial Misconduct
