An appeals court in Orange County, Florida has referred sex crimes prosecutor David Fear to the Florida Bar for possible disciplinary action for his conduct in the appeal of sex offender Marco Antonio Rodriguez.

From the court’s opinion:

“The flood of improper prosecutorial comments in closing argument in this case was deep, wide, and unrelenting;  it made a mockery of the constitutional guarantee of a fair trial for the Appellant [Rodriguez].”

Rodriguez’s conviction was overturned and a new trial was ordered.

Read more by Rene Stutzman for Orlando Sentinel:

http://www.orlandosentinel.com/news/breaking-news/os-marco-rodriguez-child-sex-retrial-20170214-story.html

The opinion of the Fifth District Court of Appeal:

http://www.5dca.org/Opinions/Opin2017/020617/5D15-3622.op.pdf

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