Senior Assistant State’s Attorney Terence Mariani has been cited in the past for what appellate judges considered prosecutorial impropriety. Typically, the complaints have focused on Mariani’s efforts to appeal to jurors’ emotions. In a 2001 case, Mariani told jurors that they would have a much different perception of how dangerous the defendant was "if I loaded that gun and shut out the lights in this courtroom and put it in his hand."

Mariani’s statements have not been considered egregious enough for appellate judges to overturn a conviction — until now.