clarence dexter
Clarence Dexter, State v. Dexter, 954 S.W.2d 332 (Mo. banc 1997)
Prosecutorial Misconduct, Guilt Phase (Improper Comment on Post-Miranda Silence)
Clarence Dexter was convicted and sentenced to death for the murder of his wife of 22 years, Carol Dexter. The Missouri Supreme Court reversed his conviction and sentence on direct appeal, holding that the State violated Mr. Dexter’s due process rights at trial by repeatedly using his silence to impeach his credibility. First, during his trial testimony, the interrogating detective twice referenced Mr. Dexter’s refusal to speak without a lawyer after the detective had presented him with evidence implicating him in his wife’s murder and confronted him with his belief that Mr. Dexter was not being truthful. 954 S.W.2d at 338. Second, when Mr. Dexter testified, the prosecutor cross-examined him, highlighting that he had not provided an exculpatory explanation after the detective alleged that he was being untruthful, even though the reason he failed to provide an exculpatory explanation was the fact that he had invoked Miranda. Id. at 339. Finally, in closing arguments the prosecutor highlighted Mr. Dexter’s post-Miranda silence by asking the jury to refer to Dexter’s statement to the detective, which was admitted into evidence, and look at what he said and didn’t say. Id. In determining whether the violations had a decisive effect on the jury, the Court concluded that (1) the prosecutor developed a “theme” of referencing Dexter’s post-Miranda silence throughout trial, (2) curative efforts were minimal, (3) Mr. Dexter’s timeline defense was not “transparently frivolous,” and (4) the evidence against him was not overwhelming. Id. at 340-342. The Court engaged in a lengthy discussion of how to assess “overwhelming evidence of guilt,” noting that it “is no easier to define than ‘manifest injustice.’” Id. at 342.
Clarence Dexter was ultimately exonerated and set free. On the eve of Clarence Dexter’s retrial, the prosecution dismissed the charges because reexamined blood evidence showed that the conclusions at trial were wrong and the case against Mr. Dexter was overblown. Source: DPIC.