Emphasizing how the Victims Felt at Closing is Misconduct
State v. Riveira (HSC August 31, 2021) Background. Ralph Riveira was charged with burglary in the first degree. At trial, the prosecutor said during opening statement that this was a case “about a Kailua family who was burglarized. And more so than just losing electronics, the evidence will show that they lost their sense of security and ability to feel safe in their home.” The prosecution presented evidence of a burglary. The homeowner in Kailua testified she saw a man running in her backyard. She described the man holding a black object with cords hanging from it. He was heavy-set with short hair wearing a neon green construction shirt, dark boots, and plaid shorts. The man hopped over the fence and went into a red Toyota tundra near the mailbox. The homeowner got the license plate and saw a woman sitting in the truck with her feet on the dashboard. Her nails were painted. The homeowner discovered that her laptop and gaming devices were missing from the home. A boot prin