In the Matter of the Personal Restraint of Edward Michael Glasmann

Summary

The Washington Supreme Court, reviewing a personal restraint petition granted on limited issues, held that the prosecutor's closing-argument PowerPoint — which superimposed 'GUILTY' three times over Glasmann's battered booking photograph and challenged his veracity with captions like 'DO YOU BELIEVE HIM?' — constituted flagrant and ill-intentioned prosecutorial misconduct that no curative instruction could have erased despite defense counsel's failure to object. The court found a substantial likelihood the misconduct affected the verdicts on all four counts and rejected any count-by-count sufficiency-of-the-evidence weighing, reversing all convictions and remanding for a new trial. The court also addressed (without deciding reversal on) the prosecutor's burden-shifting statements about believing Glasmann, and did not reach the ineffective assistance claim. Justice Wiggins dissented, agreeing only the second degree assault conviction should be reversed; Justice Chambers concurred separately to condemn the State's defense of altering exhibits.