2020 Investigative Summary 12

INVESTIGATION OF ALLEGED IMPROPER COMMENTS DURING DIRECT AND CROSS EXAMINATION AND CLOSING ARGUMENT

A U.S. Attorney’s Office referred to OPR an appellate court’s finding that an AUSA engaged in prosecutorial misconduct.  The court of appeals found that while there was sufficient evidence to support the defendants’ convictions, numerous errors by the AUSA, when considered cumulatively, deprived the defendants of a fair trial.  Among other things, the appellate court found that the AUSA improperly vouched for and bolstered the credibility of government witnesses; improperly attacked the credibility of defense witnesses; and improperly commented on a defendant’s religious beliefs. 

OPR investigated the matter and concluded that the AUSA engaged in reckless professional misconduct when he improperly vouched for and bolstered the credibility of a government witness and improperly attacked the credibility of two defense witnesses.  OPR also concluded that the AUSA engaged in reckless professional misconduct in violation of Federal Rule of Evidence 610 by making improper references to the defendant’s religious beliefs and practices during cross-examination and closing argument.  OPR referred the matter to the Professional Misconduct Review Unit, which substantiated OPR’s findings, imposed a five-day suspension without pay, and authorized notification to the state bar.  The Office of the Deputy Attorney General upheld OPR’s and PMRU’s findings, and the proposed discipline.  As directed by PMRU, OPR referred the AUSA’s conduct to his state bar licensing authority.