Misdemeanor Sexual Assault — Jury Verdict Reversed

On November 3, 2009, the Court summarily reversed a jury verdict from the Hillsborough Superior Court North in Manchester for sexual assault.

• The Court held that the assistant county attorney’s prosecutorial misconduct during closing argument violated the accused’s right to a fair trial. Specifically, she argued that “only two people” (the accuser and accused) knew what happened, but the jury “only heard from one of them.”…
• These types of arguments are improper – an inappropriate comment on the defendant’s exercise of his right to remain silent.
• Read the Court’s Decision Overturning the Conviction. State v. Martin (2009).