Prosecutor’s potentially improper closing arguments were harmless in light of their brevity, strength of case, and curative jury instructions

TRIAL United States v. Rogers, No. 07-6299, ___ F.3d ___ (10th Cir. Mar. 3, 2009)(W.D. Oklahoma). Appeal of convictions for: (1) conspiracy to distribute crack cocaine; (2) possession with intent to distribute crack cocaine; (3) possession of handguns in furtherance of drug-trafficking conspiracy; (4) being felon in possession of firearm and ammunition, in violation of 21 U.S.C. §§ 846, 841(a)(1), 18 U.S.C. §§ 924(c)(1)(A), 922(g)(1). HELD: If prosecutor’s comments during closing argument in which prosecutor referred to police officer being armed with cross on his belt as well as arguing that officer patrolling hotel hallways for drug dealers and prostitutes was doing so to keep tourist area of city safe for families and visitors were improper, they were harmless beyond reasonable doubt. Jury was instructed that prosecutor’s comments were not evidence, bulk of comments were supported by evidence of record, case against defendant was otherwise very strong, and prosecutor’s narrative was just small piece of lengthy closing argument and simply not egregious enough to have influenced jury to convict on grounds other than evidence presented. Read the opinion here.