A prosecutor has been reprimanded twice within four months by the Nevada Supreme Court and now criminal convictions for two men are overturned.
If you’ve seen the I-Team’s stories on a federal investigation into Metro vice cops, you’ve heard the name Liz Mercer before.
So, imagine you’re a juror and you hear an expert testify DNA evidence is inconclusive. But then the prosecutor in a closing argument calls it “nonexclusion evidence…”
That might be confusing, right?
Well, that’s what prosecutor Liz Mercer did, the jury convicted the man, and the Nevada Supreme Court is calling it prosecutorial misconduct.
The order states, “We admonish prosecutor Elizabeth A. Mercer for her egregious and manifestly improper statements to the jury….” It also states, “We refer Mercer to the state bar of Nevada for such disciplinary investigations…”
The robbery conviction of Alexander Sevier is now overturned. He remains in prison and it is not clear whether he will be re-tried.
The order also states this is at least the second case where Mercer misled a jury. In December, another conviction was overturned.
Bobby Dale Richards was convicted of murdering his wife.
The Nevada Supreme Court said Mercer committed prosecutorial misconduct during that trial as well. Richards remains in prison and is set to be re-tried.
The I-Team has mentioned Liz Mercer before as we’ve been reporting on an FBI investigation into Metro vice cops.
Notorious pimp Ocean Fleming — in filing appeals — accused Mercer of previously coaching witnesses for her now husband and former vice cop Chris Baughman.
No one has been charged as a result of that investigation but sources say it is not over.
The District Attorney’s Office is asking the supreme court for a rehearing and to take back the bar referral.