A state appeals court has sternly reminded prosecutors to avoid asking questions on cross examination that require the defendant to say that other witnesses lied in their testimony. In People v. Washington, 07-01267, the Appellate Division, Fourth Department, in Rochester upheld a gang assault conviction where the defendant had alleged—but had failed to preserve for appellate review—that he was denied a fair trial because the prosecutor improperly asked him whether the prosecution witnesses were liars.
The panel noted in the Onondaga County case that the questions were indeed improper, but the issue was unpreserved and the court declined to use its interest of justice power to reach the issue. “As this Court stated over 20 years ago, ‘[o]n numerous occasions, we have forcefully condemned prosecutorial cross-examination which compels a defendant to state that witnesses lied in their testimony,’” the court said. “Unfortunately, we find it necessary once again to forcefully condemn such improper conduct by the prosecutor.”
