Prosecutors were very bad in a recent trial before Judge Cooke. So bad, the 11th Circuit called them out:
• “[W]hy would you go there?”
• “We went over this. . . . I may be wrong, but I ruled. Let’s go.”
• “We’ve had this conversation through other witnesses. Counsel, move on.”
• “We did this yesterday. I’m not revisiting. Anybody [who] wants to go back to the transcript, can.”
• “I don’t know . . . how many other languages to speak to you. . . . I said how to proceed. Proceed that way.”
• “What you have to do is to remember we have had some rules in this trial and somehow they seem to have been forgotten.”
that. I would have expected that of someone of less experience than you.” The district court lamented that things “got very messy and uncontrolled.”
But apparently not bad enough to get a new trial or reversal. Instead of any actual consequences, the court says, in a concurrence by all three judges, that the prosecutors shouldn't do this again.
Nothing is going to change regarding the epidemic of prosecutorial misconduct until there are some consequences. I mean, the prosecutors in this case aren't even named in the opinion. Defendants receive obstruction enhancements for less. Walks of shame are not enough...