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STATE v. PIERCE

No. 40777-9-II.

280 P.3d 1158 (2012)

STATE of Washington, Respondent, v. Michael John PIERCE, Appellant.

Court of Appeals of Washington, Division 2.

July 17, 2012.

Attorney(s) appearing for the Case

Mark A. Larranaga , Walsh & Larranaga, Seattle, WA, for Appellant.

Scott W. Rosekrans , Jefferson County Prosecuting Attorney, Thomas A. Brotherton , Jefferson County Prosecutor's Office, Christopher R. Ashcraft , Attorney at Law, Port Townsend, WA, for Respondent.

WORSWICK, C.J.

¶ 1 When a person in custody unequivocally requests a lawyer, police are obligated under CrR 3.1(c)(2) to make all reasonable efforts to put that person in contact with a lawyer at the earliest opportunity. The remedy for violating this rule is suppression of the evidence tainted by the violation. Furthermore, prosecutors have a duty to secure a verdict free of prejudice and based on reason. A prosecutor's appeal to the jury's passion and prejudice...

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