In response to the defense closing arguments, the prosecutor said –
‘I always think of this one song. Some people know it. It’s the Dixie song. Right? ‘Oh I wish I was in the land of cotton. Good times not forgotten. Look away. Look away. Look away,” Kallin said during the state’s closing arguments.
‘And isn’t that really what you’ve kind of been asked to do? Look away from the two eyewitnesses. Look away from the two victims. Look away from the nurse and her medical opinion. Look away. Look away. Look away.’
Why would this cause an overturn of conviction? The defendant was black and the lyrics were a “dog whistle” to the jury. Why would there be a need for a dog whistle?
What a fool. They teach you not to say that in your first year of law school.
The prosecutor must have received instructions.
That was VERY stupid and unprofessional of the prosecutor. I wouldn’t be surprised at all if the jury had had enough evidence, and the prosecutor got a little too full of herself. Sloppy. Inexcusable.
The judges said, “An invocation of race by a prosecutor, even if subtle and oblique, may be violative of due process or equal protection.”
I’m no lawyer, but the line between “invoking race” and “citing lyrics from a provocative (not saying I agree or disagree) song” may be mighty fine. Then again, I’d like to know how many times black lawyers have quoted rap/popular black songs to influence a jury with success and without punishment.
ANY excuse to further the narrative.
The jury convicted.
The Appeals Court looked away.
Lawyers Uber Alles are one of the primary roots of ALL evil.
I guess the word hasn’t made it to Idaho that that song is “off limits” Trust me, here is the South we are not allowed to utter any of the words. That woman just wanted her 15 minutes of fame and got a monster off in the process.
She might as well have quoted those Hank III lyrics “he put the cunt in country and the dick in Dixie”..
A bad mistake by the prosecutor. Never open the door for a juror or an appeal court to find racism. She had either won or lost this case by then and quoting that song was just indefensible. Now the county will have to pony up the dough for another trial and hopefully a different prosecutor. By the by, I’ll bet she’s not racist just a grandstander trying to spike the ball with some witty remarks. Hope she learns from this.
People who aren’t racist don’t see racism lurking in every word or nuance.