Appeals Court Overturns Conviction Because Prosecutor Recited 'Dixie'
3 hours ago • SVEN BERG Idaho Statesman

BOISE | Deputy Prosecutor Erica Kallin might have stirred up enough racism to influence a jury's verdict when she recited opening lines of "Dixie," the Confederate anthem, in her closing argument against James D. Kirk, the Idaho Court of Appeals has found.

Kallin, of Canyon County, didn't mean to invoke race, county spokesman Joe Decker said in early December. She was improvising her argument, he said, because the defense attorney already had told jurors what she planned to say in her closing. That's beside the point, Appeals Court Judge Karen Lansing wrote.

"This prosecutor may not have intended to appeal to racial bias, but a prosecutor's mental state, however innocent, does not determine the message received by the jurors or their individual responses to it," she wrote, with agreement by fellow Judges David Gratton and John Melanson. "An invocation of race by a prosecutor, even if subtle and oblique, may be violative of due process or equal protection."

In April 2013, Kallin paraphrased from "Dixie" to warn jurors to heed the evidence against Kirk, a black man accused of lewd conduct with a 17-year-old girl and sexual battery of a 13-year-old girl.

" 'Oh I wish I was in the land of cotton. Good times not forgotten. Look away. Look away. Look away,' " Kallin said. "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."

More:
http://magicvalley.com/news/local/crime-and-courts/appeals-court-overturns-conviction-after-prosecutor-recited-confederate-anthem/article_7e747601-5a2f-55d2-88ab-f6ec65bf47ae.html

Nothing else would come close to explaining this prosecutor's brain-dead, racist trolling. Her state and local bar associations ought to be put on notice of her courtroom antics.

Used to live there, decided to move because I couldn't stand living in Draconia anymore... and the fact that there were no real choices in elections. And then the recism, well, that's over the top. There aren't many people of color per se, not counting the Native Americans who have to fight in court annually to force recognition of their treaty rights.

Not surprised at all by this. She'll probably get some kind of medal or award for her performance there.

handedly get him off. On the other hand if he was innocent then I am glad he is free.

comfortable there.

Irony...black folks are almost non-existent in North Idaho, where some of the most virulent racists live. The racist has to invent invisible black folk to hate though, since there are hardly any within 50 miles. (discussed in the book "Whitopia&quot .

Like trying not to sound like such a freakin' racist!
But then again, it is canyon County.