Washington Court Examines Allegations of Prosecutorial Misconduct in Domestic Violence Case

During a criminal trial, prosecutors must ensure that their arguments remain within constitutional limits, particularly when commenting on the absence of defense evidence, and if they fail to do so, the defendant may have grounds for challenging the results of their trial. The standard courts apply when evaluating alleged prosecutorial misconduct is narrow, however, as demonstrated in a recent Washington case involving multiple domestic violence charges in which the defendant sought a new trial on the grounds that the prosecutor’s closing remarks improperly shifted the burden of proof. If you are accused of a domestic violence offense, it is advisable to talk to a Tacoma domestic violence defense attorney regarding your possible defenses as soon as possible.

History of the Case

It is reported that the defendant engaged in a series of offenses involving his former partner, including second-degree assault, multiple felony violations of domestic violence no-contact orders, and two counts of witness tampering. The defendant struck a man with a baseball bat during a confrontation after discovering that the victim was sitting in a car with the protected party. The impact allegedly broke the victim’s arm. It is further reported that the defendant had a history of no-contact orders preventing communication with the protected party yet continued to initiate contact while in jail and after release.

Reportedly, jail records revealed dozens of attempted and completed phone calls placed by the defendant to the protected party’s number. During these calls, the defendant pressured her to persuade the assault victim to recant his statement. The defendant also contacted the protected party again following his release, resulting in additional no-contact order violations. Based on this conduct, the State charged the defendant with eleven felony offenses and pursued a deadly weapon enhancement.

It is reported that the jury returned guilty verdicts on all counts and issued special findings that the defendant used a deadly weapon and that certain crimes were committed against an intimate partner. The court sentenced the defendant to 75 months of confinement, including the deadly weapon enhancement, and imposed a 10-year no-contact order. The defendant then challenged the judgment, asserting multiple procedural and constitutional errors.

Challenge to the Prosecutor’s Closing Argument

The defendant argued that the prosecutor engaged in misconduct by stating during closing that “no contrary evidence was offered” to rebut several elements of the crimes charged. The defendant asserted that these comments unfairly drew attention to his decision not to testify and improperly suggested he had a burden to disprove the State’s case. He also argued that his attorney was ineffective for failing to object to these statements.

The court analyzed whether the prosecutor’s remarks violated the defendant’s Fifth Amendment rights or improperly shifted the burden of proof. Washington law prohibits the State from suggesting that a defendant’s silence is evidence of guilt or that the defense must present evidence. However, the court emphasized that prosecutors may reference a lack of evidence when other witnesses could have contradicted the State’s case. The court found that the prosecutor’s comments were directed at uncontested facts, such as the date and location of the phone calls and the defendant’s prior convictions, and did not imply that only the defendant could refute them.

Ultimately, the court concluded that the comments did not rise to the level of misconduct and affirmed the defendant’s conviction.

Confer with a Seasoned Domestic Violence Defense Attorney

If you are charged with a domestic violence, offense, having a knowledgeable attorney who can assert your rights at every stage of the case is critical. The trusted Tacoma criminal defense attorneys of the Law Offices of Smith & White are committed to providing thorough, strategic representation, and if we represent you, we will evaluate every aspect of your case and fight to protect your future. To schedule a consultation, contact our office at (253) 203-1645 or reach out through our online form today