State v. Leopoldo Belen

Syllabus

The defendant, Leopoldo Belen, appealed his judgment of conviction in the Superior Court after a jury found him guilty of four counts of first-degree sexual assault in violation of G.L. 1956 § 11-37-2. On appeal, the defendant argued that the trial justice clearly erred in refusing to declare a mistrial after the prosecutor made two inappropriate remarks during her closing argument. More specifically, the defendant argued that the prosecutor's inadvertent reference during her closing argument to the \ACI\ and to her own personal experience was so prejudicial as to merit a mistrial. The Supreme Court held that the trial justice acted within his discretion in refusing to declare a mistrial. First, the Supreme Court held that the reference to the ACI, although improper, was not prejudicial because the remark was a non sequitur. Second, the Supreme Court held that the issue regarding the prosecutor's reference to her own personal experience was not preserved for appeal because the defendant failed to object, request a cautionary instruction, or move for a mistrial in the Superior Court. However, even if the objection had been preserved, the Supreme Court held that the reference was not so prejudicial as to merit a mistrial. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.