Can a prosecutor use the phrase "cut these guys loose" to indicate that a defendant has been denied bail?
MultiRegion, United States of America
The following excerpt is from U.S. v. Perez, 144 F.3d 204 (2nd Cir. 1998):
The "cut these guys loose" statement is similar to the prosecutor's references in United States v. Bautista to the jury's power to "let them back on the street." 23 F.3d 726, 733 (2d Cir.1994). We concluded that "a jury would not reasonably have inferred from such a statement that [the defendant] had been denied bail." Id. Similarly, here the prosecutor's use of "cut these guys loose" did not impinge upon the defendants' presumption of innocence.
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