Published on: Sunday, June 27, 2021

Alleged drug mule is on trial and testified he did not know the car he was driving contained drugs. During closing arguments, prosecutor tells the jury that reasonable doubt "is something that you do every single day. So things like getting up, having a meal. You're firmly convinced that the meal you're going to have is not going to make you sick. But it is possible that it might not—that it might actually make you sick. You got in your car or you travel to the court today. It is possible that you may have gotten in an accident, but you are firmly convinced that—the likelihood that you'll be able to get to court safely." Ninth Circuit: This description trivialized a solemn task and understated the near certainty required to convict. This is misconduct. New trial.

The case is United States v. Alfred Velazquez, 19-50099 (9th Cir. June 23, 2021).