Small Town News

Mistrial declared after remarks by prosecutor

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A mistrial for a sex offender accused of failing to register was declared last month after the deputy prosecutor made prejudicial statements in her opening arguments.

Wesley Howard Duncan, 25, of Shelton, was accused of failure to register as a sex offender. He was required to register as a result of convictions in 2001 of rape of a child in the second degree and in 2004 of third-degree rape of a child.

On March 19 he had registered his address in Shelton but a check of the residence on May 28 showed he was not living there.

The investigation indicated in early June he was located in the Elma area and Duncan was arrested on June 17.

Deputy Prosecutor Rebecca Jones was just six minutes into her opening statement before the jury when James Foley, defense counsel, objected to her comments saying they would not be admissible at trial and would "sway the jury's passion" against his client.

Jones began by telling the jury about the scenario that led to Duncan's arrest. She said the jury would hear testimony from Marina Stewart of Elma who would say her 16-year-old daughter was asked by Duncan if she could provide a "hookup" with friends of hers from Elma High School.

Foley objected and in argument before Judge Amber Finlay he said whatever the daughter said to the mother was hearsay and would not be permitted at trial.

Foley also contended the information about Duncan trying to "hook up" with females was not relevant to the elements of the charge and prejudicial to the defense. "You cannot un-ring the bell," he said. He said the statements by Jones were inflammatory. "The jury will hate Mr. Duncan from now on," Foley added.

Judge Finlay said the fact that Duncan may or may not have been trying to have contact with juvenile females in the Elma area was not relevant to the failure to register charge.

She said the prosecutor's comments were "inappropriate but not intentional."

Duncan is scheduled for a trial again in the jury term beginning September 29.



Copyright 2009 Shelton-Mason County Journal, Shelton, Washington. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2009 Shelton-Mason County Journal Shelton, Washington. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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