A Las Vegas man accused in a 2011 crime spree was granted a new trial
this week, after the Nevada Supreme Court ruled the jury might have
been tainted by a PowerPoint slide featuring his battered face
superimposed with the word "GUILTY."
The high court's ruling Wednesday reverses Frankie Alan Watters'
convictions on charges of possessing a stolen car, grand larceny auto
and failing to stop for an officer. State records show he's serving
time in the Ely State Prison.
"Watters's principal defense was that he was not the man who stole the
cars, just someone the police happened to find who matched the
suspect's description," the ruling read. "The State has not shown
beyond a reasonable doubt that the booking-photo slide sequence did not
affect the jury's determination of Watters's guilt."
Watters, 27, was accused of stealing a car, wrecking it, stealing a
second car, leading police on a high-speed chase, and running into a
store, where he was arrested after being bitten several times by a
police dog.
Defense attorneys cried foul when they previewed the slideshow that was
set to accompany the prosecutor's opening statements, but a judge ruled
the PowerPoint presentation was allowed, according to the ruling.
It featured a booking photo of Watters and animation that stamped the
word "GUILTY" across his face in capital letters while the prosecutor
verbally asked the jury to find Watters guilty of the charges.
Watters' attorneys said their client was "very upset" when he saw the slideshow.
The Clark County District Attorney's Office argued that the slide's
appearance was harmless and wasn't admitted as evidence, adding that
evidence of Watters' guilt was overwhelming.
But in the Supreme Court opinion, Justice Kristina Pickering wrote that
the graphic's message crossed a line that prosecutors wouldn't be
allowed to cross verbally — declaring the defendant guilty. It also
cites research that visual information could be more persuasive than
oral arguments alone.
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