State v. Freeman

Painter, Judge.

In a case turning primarily on the credibility of a police informant, we are constrained to reverse. The evidence was not sufficiently overwhelming to overcome prosecutorial error. While we understand that much of the error arose in the “heat of battle” in the courtroom, and that the assistant prosecutor probably did not set out to make improper comments, we must consider the comments’ effect, not the prosecutor’s intent. The fairness of the trial was undermined, and we remand for a new trial.

I. Trial and Sentence

Appellant George Freeman was indicted on two counts of…