Ride the Lightning

PowerPoint Closing "Egregious Misconduct" – Murder Conviction Overturned

January 27, 2015

I've seen a lot of bad PowerPoints but never one that rose to the level of egregious misconduct. The Seattle Times reported that the Washington Supreme Court has ordered a new trial for Odies Walker, who was convicted in the 2009 robbery and murder of an armored-car driver.

The unanimous justices, in three separate opinions, concluded a deputy prosecutor’s PowerPoint presentation during closing arguments in the trial was prejudicial and that the two prosecutors “appealed to the passion and prejudice” of the jury.

The justices said the prosecutors included “racially inflammatory” text in some of the slides that “implicitly encouraged a verdict specifically based on racial prejudice” when race played no role in the crime. Walker is black.

Walker went to trial in March 2011. The offensive PowerPoint presentation, in 100 of the 250 slides, bore the headline “Defendant Walker Guilty of Premeditated Murder.” The words “Guilty” were superimposed over his face in a mug shot.

The court overturned all of Walker’s convictions and sent the case back to Pierce County. Walker was serving a life sentence.

Justice Mary Yu wrote in the lead opinion, “We cannot conclude with any confidence that Walker’s convictions were the result of a fair trial."

I hope that this "egregious misconduct" is addressed by the Washington State Bar Association – it is disgraceful for prosecutors to flagrantly violate legal ethics in such a stupendous – and stupid – manner.

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