People v. Gaines

I agree with Judge Kelly and write separately to place in perspective the underlying facts of this case.

*235Defendant was convicted of assault on a prison employee. MCL 750.197(c); MSA 28.394(3).1

During its opening statement, the prosecution told the jury that the prosecution was required to prove beyond a reasonable doubt, that defendant was a person lawfully imprisoned in a jail or other place of confinement. Then, during its closing arguments, the prosecution argued that defendant was an inmate who was lawfully confined at the maximum security facility and that it seemed unlikely that somebody…