Legal Commentary

Death Penalty Vacated Due to Prosecutor's Lie

By TChris

A prosecutor's lie to a Nevada jury may have influenced its decision to impose the death penalty on Ricky Sechrest.

The prosecutor "misled the jurors to believe that if they did not impose the death penalty, Sechrest could be released on parole and would kill again," the court said, adding that the trial judge "did nothing to stop the prosecutor from making these erroneous assertions."

Apparently the defense attorney, whose representation was judged inadequate in other respects, also did nothing to correct the lie. The court of appeals vacated the death sentence, giving Nevada the choice of accepting a lesser sentence or bringing a new death penalty proceeding. If it chooses the latter, let's hope it plays by the rules this time.

Full post as published by TalkLeft on December 06, 2008 (boomark / email).