Prosecutor's Remark Did Not Prejudice Jury, Court Of Appeals Rules
Last updated Wednesday, April 2, 2008 9:08 PM CDT in News
By John Lyon
The Morning News
LITTLE ROCK - The state Court of Appeals on Wednesday rejected a Drew County man's claim he should have been granted a mistrial after the prosecutor at his rape trial made an improper argument that prejudiced the jury.
Tilton B. Rhodes, 45, claimed a Drew County circuit judge erred when he denied a request for a mistrial during Rhodes' August 2006 trial. Rhodes was charged with raping and sexually assaulting a pre-teen girl.
During the trial, jurors heard testimony from the victim and from a second girl who said she was raped by Rhodes under similar circumstances. After the jury returned verdicts of guilty on the charges of rape and sexual assault, but before it began deliberating on a sentence, the prosecutor argued that justice required a sentence of 20 years, "ten for each girl."
The defense moved for a mistrial on the grounds Rhodes was on trial for offenses against one girl, not two. Circuit Judge Sam Pope denied the motion and instructed jurors to disregard the prosecutor's remark.
The jury fixed Rhodes' sentence at 10 years in each count and recommended that the sentences run consecutively. Pope followed the jury's recommendation, giving Rhodes a total prison sentence of 20 years.
In its opinion Wednesday upholding Rhodes' conviction and sentence, the Court of Appeals said the prosecutor's remark did not warrant a mistrial, which it said is an extreme remedy that should only be used when an error is beyond repair.
"The prosecutor's argument did not present the jury with any new allegations of facts, but simply contained an erroneous statement of the law regarding the manner in which that evidence could be considered for purposes of sentencing. The trial court's admonition was even-handed and clear, and we hold that it was sufficient to remove any possible prejudice resulting from the argument," Chief Judge John Mauzy Pittman wrote for the court.
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