#LegalEthics Tidbit: Can a prosecutor imply that a criminal defendant goes to gay bars in the hopes that the jury is homophobic?
No. If you answered “yes,” welcome to 1982, when a MA prosecutor cross-examining a murder defendant asked the defendant knew of a gay bar called “Skippers,” even though he had no hard evidence the defendant had been there. Flashforward to 2024: the SJC found this was improper but didn’t order a new trial for other reasons.
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