State v. Lundbom

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He assigns as error, inter alia, the trial court’s failure to sustain his objections to the improper remarks of the prosecutor and its denial of his motion for a new trial on grounds of prosecutorial misconduct. We reverse and remand for a new trial.

During the state’s closing argument, this exchange occurred:

“[PROSECUTOR]: But Steve Van Ootegham [expert witness for the defense] who was in here, being paid money to be here to testify as he has always testified that this machine is inaccurate. That is…