The Kansas Supreme Court today ordered a new trial for a Wyandotte County defendant convicted of two counts of aggravated indecent liberties with a child.
The unanimous decision by the court stated that the prosecutor committed reversible error in the closing argument by encouraging the jury to return to the jury room and take a poll to determine whether any of them had engaged in conduct similar to the allegations against the defendant.
The defendant’s attorneys argued that the prosecutor was trying to inflame the passions and prejudices of the jury against the defendant.
The Supreme Court reversed the Wyandotte County court and ordered a new trial for Jeffrey W. Stimec in the case. The opinion is online at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2013/20130419/103229.pdf.