PoliCeinterviewS: drawinGthelineonwhenoBJeCtivityendS
Criminal law Section
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prosecutor did not mention or allude to the officers’ comments in closing argument. Id at 2.
The Outcome: The Appellate Court agreed with Mackey, and held that“[ T ] he limited probative value of [ Mackey’ s ] statements was outweighed by the prejudicial effect of the detective’ s opinion as to [ Mackey’ s ] guilt.” citing Gaines v. State, 155 So. 3d 1264, 1272( Fla. 4th DCA 2015)( reversing for new trial where recorded interview was published for jury wherein detective stated that defendant was lying several times and was guilty and finding that error was not
harmless). The court also held that the interviews that were played at trial, which included the police comments, resulted in an unfair trial where Mackey’ s credibility was a feature of the trial. The Court citing Roundtree, 145 So. 3d at 967([ found ] that the admission of the officer’ s statements during the interrogation permitted the state to elicit a police officer’ s opinion as to appellant’ s guilt, thereby invading the province of the jury.”). Id at 2. Therefore, the Court held that the State had not met its burden in showing that the error was harmless, and they reversed the case and remanded it for a new trial.
The takeaway is that although police can use interviewing techniques during a custodial interrogation, the police cannot cross the line into accusations and name calling. Ultimately whether a person is innocent or guilty rests solely on the shoulders of the jury, as it should be, as this is the cornerstone of our criminal justice system. n
Author: Amy Casanova- Ward – FL Department of Financial Services
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