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Defense highlights alleged closing misstatements and a missing jury‑question transcript
Summary
Defense counsel told the Supreme Court there were 'misstatements' in the prosecutor's closing and that a jury question and the judge's response are either badly transcribed or missing from the record, which defense argues undermines the fairness of the trial record on appeal.
Bridget Ann Keith told the justices that closing‑argument misstatements and a jury question not properly reflected in the transcript create additional reasons for the court to intervene. She said a transcript entry and the judge's answer ‘‘are not part of the record’’ and that the prosecutor's remarks further clouded the jury's understanding.
The prosecution disputed that the comments amounted to improper vouching, saying questioning law enforcement witnesses about motives and penalties was permissible under Guam law and that jury instructions mitigated any concern. The bench examined whether the comments and the transcription gaps are material to the verdicts and whether they can be remedied on direct appeal.
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