Cowan

People v. Cowan

Good Law
2016 Cal. App. LEXIS 409·202 Cal. Rptr. 3d 348·247 Cal. App. 4th 651·2016 WL 2992055
Court of Appeal of CaliforniaMay 23, 20162d Crim. No. B258587California2,534 words

Opinion

Lead Opinion

Gilbert, J.

*652 During closing argument in this criminal case, the prosecutor told the jury that the presumption of innocence applies only until the *653 charges are read. This grossly inaccurate definition of reasonable doubt could likely *350 have resulted in a reversal of the judgment of conviction. The trial court's admonishment to the jury and its proper instructions concerning reasonable doubt compel us to affirm the judgment. We caution prosecutors to accurately state the law and not rely on harmless error as a safety net to ensure a conviction. The integrity of our system of justice demands nothing less.

When a prosecutor argues to a jury the presumption of innocence and the burden of proof beyond a reasonable doubt, she or he may not mislead jurors with an incorrect explanation that lightens the prosecution's burden. Here the prosecutor told the jury that the presumption of innocence is in place only when the charges are read. Such a grossly deceptive definition could have resulted in a reversal. The overwhelming evidence against the defendant and the trial judge's instructions rendered the misconduct harmless. A conviction should not rest on fortuities.

A jury found Ronald J.…

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