Prosecutor sought to force mistrial to avoid acquittal, judge alleges
A Houston judge says a Harris County prosecutor tried to avoid what appeared to be an impending acquittal by making improper comments that forced a mistrial.
Judge Stacey Bond cited the prosecutor’s remarks in a decision tossing the criminal case against pediatrician Robert Yetman, who was accused of fondling a 7-year-old boy during hospital rounds, the Houston Chronicle reports. The doctor had been charged with indecency with a child; he has maintained he is innocent and was never alone with the boy.
Bond said prosecutor Tiffany Johnson implied during closing arguments in last month’s trial that Yetman, who is white, molested the boy because he is black. Bond told the jury to disregard the comment. Johnson gestured around the courtroom and responded, “You see what [the victim] is up against.”
According to Bond, Johnson’s tone of voice and statement implied that Bond and the courtroom audience were biased against the boy.
Bond also criticized prosecutor Angela Weltin for appearing to intentionally violate a pretrial order limiting certain questions during her questioning of Yetman.
A spokesman for the District Attorney’s office says its prosecutors acted ethically and it plans to appeal.
