Facts: Petitioner Kevin Monday was convicted of first degree murder and first degree assault in the Superior Court for King County after a trial in which the prosecutor attempted to account in his closing statement for several witnesses recanting earlier statements made to the police and expressing reluctance to testify by stating that adherence to an informal code often makes African Americans reluctant to testify against other African Americans. Monday appealed his conviction, asserting that this statement constituted prosecutorial misconduct insofar as it appealed to racial prejudice and sought to undermine the credibility of African American witnesses on the basis of their race.  The Washington Court of Appeals affirmed Monday’s conviction, holding that although the prosecutor’s statement was improper, the error was harmless.  Monday appealed this decision to the Supreme Court of Washington.

Question(s): Did the prosecutor’s statement that adherence to an informal code often makes African Americans reluctant to testify against other African Americans constitute prosecutorial misconduct?

If so, was the error harmless?

Conclusion: Justice Chambers’ opinion for the Court reversed the Washington Court of Appeals, concluding that theories and arguments based upon racial stereotypes are impermissible in a fair and impartial trial and that the prosecutor’s statement therefore constituted prosecutorial misconduct.  The Court also held that this error was not harmless despite the fact that video footage of the crime recorded by an eyewitness clearly established that Monday shot the victim given that the video footage by itself did not establish premeditation or eliminate the possibility of raising certain defenses.

Evidence video:

[Source: http://www.courts.wa.gov/newsinfo/content/video/827362EvidenceVideo.htm]

Docket No. 82736-2 (from Court of Appeals Division I Case No. 60265-9)

Petitioner: Kevin Monday

(Counsel: Nancy P. Collins)

Respondent: State of Washington

(Counsel: Brian Martin McDonald)

Briefs:

Argument: Tuesday, May 11, 2010 10:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, June 9th, 2011

Prevailing Party: State of Washington (Respondent)

Vote: 8-1

Citation: Pending

Court: Madsen1 Court (2010-2011)

Madsen
(Concurs)

Johnson

Alexander

Sanders

Chambers
(Majority)

Owens

Fairhurst

Johnson
(Dissent)

Stephens