STATE v. BOURGEOIS

No. 32656-2-I.

917 P.2d 1101 (1996)

82 Wash.App. 314

The STATE of Washington, Respondent, v. Jeremiah BOURGEOIS, Appellant.

Court of Appeals of Washington, Division 1.

June 10, 1996.


Attorney(s) appearing for the Case

Washington Appellate Project, Seattle, for appellant.

Tami A. Perdue, Carol Murray, Deputy Prosecuting Attorneys, Seattle, for respondent.


BECKER, Judge.

Evidence meant to enhance the credibility of a witness is irrelevant when the credibility of the witness has not been attacked. In this aggravated first degree murder case the State, in the absence of an attack, fortified key witnesses by showing they were afraid to testify. The undue emphasis placed on their fear prejudiced the defendant. An incident of spectator misconduct reinforced the prejudice. We conclude the defendant did not have a fair trial...

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