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City of Dodge City v. Ingram4/15/2005
Yes, I'm too drunk to drive. And, gee, I just wish I was back at my motel room,' whether you're going to tell Officer Coil to give the keys back to 'em and send him on his way. That's what you have to decide."
When the trial court failed to sustain Ingram's objection to the argument, the trial court gave its approval of the argument.
In State v. Ruff, 252 Kan. 625, 847 P.2d 1258 (1993), a similar factual situation was presented to our Supreme Court. There, during closing arguments, the prosecutor urged the jury to "not allow [the defendant's alleged] conduct to be tolerated in our country." 252 Kan. at 631. When defense counsel objected to the comment, the trial court failed to sustain the objection and merely told the prosecutor: "Let's wind it up." 252 Kan. at 631. The prosecutor's last comment to the jury was to send a message that the defendant's alleged conduct would not be tolerated. Our Supreme Court found the comment to be improper. Nevertheless, our Supreme Court noted that the statement would not have been the basis for reversal if the trial judge had not approved the remark but, instead, had instructed the jury to disregard it. In reversing and remanding for a new trial, our Supreme Court stated that it was unable to conclude beyond a reasonable doubt that the prosecutor's misconduct did not deprive the defendant of a fair trial.
In the instant case, the trial court's action of overruling Ingram's objection gave the court's full endorsement of the argument as being true. In addition, the trial court failed to instruct the jury to disregard the prosecutor's improper comments. After reviewing our Supreme Court's decision in Ruff, we are unable to say beyond a reasonable doubt that the prosecutor's arguments concerning the protection of the community did not deprive Ingram of a fair trial.
Moreover, the prosecutor's suggestion that defense counsel thought the jury was composed of fools and lacked common sense was highly prejudicial. This suggestion placed defense counsel and Ingram in a very bad light before the jury. Its result was harmful and highly prejudicial. We determine that the magnitude of prosecutor's comments and statements substantially affected Ingram's right to a fair trial. No cautionary instructions were given to the jury to disregard these improper arguments. Although the evidence against Ingram was overwhelming, Tosh requires the reversal of Ingram's conviction.
Reversed and remanded for a new trial.
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