@Subway11 - I understand what you are saying, but I don’t see that as prosecutorial misconduct because the victim was the one that picked the guy out of a line up.
I know that there are problems with eye witness testimony but I really don’t think the prosecutor did anything wrong here.
I do think that prosecutorial misconduct occurred in a case that I read about involving a man that was falsely convicted and placed on death row and after serving eighteen years in jail was finally released.
It was later revealed that the prosecutor that tried the case refused to give up blood DNA evidence that would have set him free. They also used the defendant’s prior criminal record to stop him from speaking at his trial.
The defendant’s attorney fought for a new trial and the defendant was acquitted in the second trial. This is really awful that this poor man sat in prison and was almost executed for a crime that he clearly did not commit with available evidence that proved his innocence. It is really a disgrace.