People v. Hess

Fallon and Boehm (dissenting).

We respectfully dissent. The

blatant and repeated disregard by the prosecutor of Supreme Court’s rulings and the manner in which the prosecutor infected the trial by the introduction of impermissible and highly prejudicial matters represent such examples of prosecutorial misconduct that we should not permit this verdict to stand.

The prosecutor repeatedly asked defendant in cross-examination whether various prosecution witnesses, including defendant’s children, had lied in their testimony. Such cross-examination covered at least 23 pages of the trial transcript,…