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State v. Davis12/21/2000
prosecutor's argument in its entirety. A portion of the prosecutor's argument is as follows:
Now, I'm going to close with some brief remarks from or about the Bible, and I'm going to be brief about that because I don't wish to offend . . . jurors . . . and because our Supreme Court doesn't want us to make biblical arguments. And we asked all of you if you could follow the laws of this case and the laws of man. I make any remarks in anticipation of these issues because we've had witnesses about this. In the Book of Matthew[,] we're told about when the Herodians . . . came to test Jesus about the powers of the government . . . . And he said, "Then render unto Caesar what is Caesar's, and unto God what is God's." And for the purposes of this trial, [defendant] is Caesar's and these are Caesar's laws. . . . nd there's the story about the adulteress brought before Jesus by the crowd, and they were planning to stone her. And Jesus didn't say, "Don't stone her." He told them, "He who is without sin cast the first stone." And that, ladies and gentlemen, is the difference between justice and vengeance. . . . The jury swore an oath and you all promised that you wouldn't be biased, that you would hear the evidence, that you'd decide in accordance with the law, and sitting as a body under those circumstances with those promises you are sinless and you may cast that stone, and cast it you must.
"Vengeance is mine," sayeth the Lord. "I will repay." God may wreak vengeance on [defendant] or God may have mercy on his soul after you do justice. It is not our prerogative to forgive [defendant] under these laws. God may have mercy on his soul or vengeance on his soul, because God can do what man cannot, and man cannot punish these crimes as they were, and man cannot protect any of his potential future victims.
Defendant objected at this point in the prosecutor's argument, but stated no grounds for his objection. The trial court sustained the objection as to the statement "future victims." Nothing in the record indicates that defendant specifically objected to the prosecutor's biblical references in his closing argument.
In the absence of objection, our "`standard of review to determine whether the trial court should have intervened ex mero motu is whether the allegedly improper argument was so prejudicial and grossly improper as to interfere with defendant's right to a fair trial.'" Walls, 342 N.C. at 48, 463 S.E.2d at 763 (quoting State v. Alford, 339 N.C. 562, 571, 453 S.E.2d 512, 516 (1995)).
We disapprove of counsel's biblical references, especially in light of counsel's admission that this Court does not condone such arguments. However, we note that here, as in Williams, the prosecutor counseled the jurors that they should base their sentencing decision upon the secular law. Even if error, we do not conclude that the prosecutor's arguments were so improper as to require intervention by the trial court ex mero motu.
Second, defendant contends that the prosecutor misstated the law. The prosecutor stated to the jury:
The Supreme Court says, in State vs. Jones that prosecutorial argument encouraging the jury to lend an ear to the community is not proper. However, encouraging the jury to act as the voice and conscience of the community is proper and is one of the very reasons for the establishment of the jury system. So regardless of all the people who would come before you and ask you to listen to the community about the defendant's life, that is not what the law says.
[DEFENSE COUNSEL]: Objection.
[PROSECUTOR]: The law says --
COURT: Overruled.
[PROSECUTOR]: -- you are the voice and t
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