People v. Galloway

The United States Supreme Court has held “that the atmosphere essential to the preservation of a fair trial — the most fundamental of all free*402doms — must be maintained at all costs” (Estes v Texas, 381 US 532, 540). Because a reading of the transcript of defendant’s trial shows that the Assistant District Attorney was determined to obtain a conviction at any cost, including the misstatement of prior testimony on no less than seven occasions while cross-examining defense witnesses or in summation, I cannot accept the majority’s conclusion that defendant’s trial was fair. I would, therefore,…