People v. De Jesus, 42 N.Y.2d 519 (1977)
A criminal defendant is denied a fair trial when the trial judge’s conduct, including demeaning counsel and excessive interference, prejudices the jury against the defendant.
Summary
Freddie De Jesus was convicted of robbery and grand larceny. The Court of Appeals reversed the conviction, holding that the trial judge’s conduct deprived De Jesus of a fair trial. The court found that the judge’s frequent, caustic remarks directed at defense counsel, coupled with an improper summation by the prosecutor regarding the defendant’s failure to call his brother as a witness, created an environment of partiality that prejudiced the jury. This violated the defendant’s fundamental right to an impartial trial.
Facts
Stephen Drowns, a bakery truck driver, was approached by two youths while waiting for a bakery to open. One youth, identified as De Jesus, held a knife to Drowns’ side while the other demanded money. Drowns’ wallet and watch were stolen. Drowns identified De Jesus in a police lineup and at trial. A security guard also testified to seeing De Jesus near the bakery before the robbery. De Jesus presented an alibi defense, claiming he was home at the time of the robbery, supported by testimony from his girlfriend and sister-in-law.
Procedural History
De Jesus was convicted of first-degree robbery, second-degree robbery, and third-degree grand larceny. The Appellate Division affirmed the conviction. Two justices dissented. The New York Court of Appeals reversed the Appellate Division’s order, finding that De Jesus was denied a fair trial.
Issue(s)
1. Whether the trial judge’s conduct toward defense counsel deprived the defendant of a fair trial.
2. Whether the prosecutor’s comments during summation regarding the defendant’s failure to call his brother as a witness constituted reversible error.
Holding
1. Yes, because the trial judge’s demeaning remarks and excessive interference in the presentation of proof created an atmosphere of partiality, unfairly burdening the defendant.
2. Yes, because the prosecutor’s comment on the defendant’s failure to call his brother as a witness, who was potentially an accomplice, was improper, and the defense counsel was improperly denied an opportunity to make a specific objection.
Court’s Reasoning
The Court of Appeals emphasized the fundamental right to a fair and impartial trial. The court noted that while a trial judge may actively participate to clarify issues and maintain order, this participation must not prejudice the jury. The court cited numerous instances of the trial judge making caustic and sarcastic remarks towards defense counsel in front of the jury. The court found that this conduct, combined with the prosecutor’s improper summation, denied the defendant a fair trial. The court highlighted that “[c]riminal trials are to be so conducted that the proof will be legal evidence, unimpaired by intemperate conduct * * * and irrelevant asides, all of which obfuscate the development of factual issues and sidetrack the jury from its basic mission of determining the facts relevant to guilt or innocence.” Regarding the prosecutor’s comments on the uncalled witness, the Court noted an exception to the general rule exists when the uncalled witness is a co-defendant or accomplice. The court found that since the brother was potentially an accomplice, commenting on the failure to call him was inappropriate. Further, the trial court erred when it summarily rejected defense counsel’s objection, denying counsel the opportunity to specify the basis for the objection. The court concluded that “care must be taken to guard against ‘the possibility that the stated opinion of the trial court or even the suggestion of an opinion might be seized upon by the jury and eventually prove decisive’.” Because the defendant was unfairly burdened with countering implications imputed by the court, the error could not be considered harmless.