State v. Butler

Amicus brief arguing the prosecutor's misconduct in her opening and closing statements significantly prejudiced the defendant.

The ACLU of New Jersey submitted an amicus brief in support of the defendant’s criminal trial rights. This case is an appeal of a conviction for drug offenses, primarily arguing that the prosecutor’s misconduct in her opening statement and closing argument and other evidence presented at trial significantly prejudiced the defendant. Our brief focuses on the prosecutor’s opening statement, where she analogized the case before the jury to The Wire, telling the jury that this case was just like that TV show, where a wire was obtained to try to find the leaders responsible for a wave of organized and gangland-related gun and drug violence in Baltimore. Our brief stresses the importance of ensuring the fairness of a prosecutor’s opening statement, limiting it strictly to the evidence that will be adduced at trial, given how influential openings are on jurors’ view of the evidence that is actually produced at trial.