White Pine County DA faces discipline

Friday, Aug. 26, 2005 | 8:46 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court has told White Pine County District Attorney Richard Sears to clean up his act or he could face disciplinary action.

The court Thursday overturned the DUI conviction of Arnold D. Anderson because of a number of improper remarks made by Sears at the District Court trial.

The court said there was substantial evidence to convict Anderson of the incident in May 2001, but the personal comments and opinions by Sears affected the "substantial rights" of the defendant.

In an opinion authored by Justice Bill Maupin, the court said Sears improperly referred to Anderson's silence after being arrested and the prosecutor told jurors it was their duty to convict Anderson. He also offered his personal opinions on the truthfulness of his own witnesses.

The court said Sears presented his personal views instead of evidence and added he was guilty of misconduct.

"If this prosecutor continues to repeat this type of adversarial rhetoric, this court will not hesitate to refer him to the state bar for discipline.

"A prosecutor's duty is to fairly present cases, not just to obtain convictions," wrote Maupin. "To advise a jury that it has a duty to convict is to distort the entire criminal justice process."