Ayers v. Delaware
Annotate this CaseAppellant Jarreau Ayers was convicted on one count of Riot, two counts of Assault First Degree, four counts of Kidnapping First Degree, and one count of Conspiracy Second Degree for his participation in the February 1-2, 2017 inmate takeover of C Building at the James T. Vaughn Correctional Center (JTVCC). Ayers was found guilty of these offenses following a sixteen-day jury trial. On appeal, he contended the trial judge erred by not curing prosecutorial misconduct which occurred during the State’s rebuttal argument. At trial, Ayers claimed he was not a participant in the planning and execution of the takeover and was outside of C Building in the recreational yard when the takeover took place. The alleged improper argument came when the prosecutor said to the jury, “[y]ou spent the better part of the last month with Jarreau Ayers. What about Mr. Ayers suggests that . . . he’s not going to do exactly what he wants to do, which is to go inside and join in what’s happening there.” Ayers contended this part of the rebuttal argument was improper because it asked the jury to consider Ayers’ character in the courtroom as observed by the jury during the trial. Ayers objected to the prosecutor’s statement, but his objection was overruled. After review, the Delaware Supreme Court concluded that the trial judge’s failure to take steps to cure any alleged prejudice caused by the prosecutor's comment, if error, was harmless error. Accordingly, judgment was affirmed.
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