Court Rejects Murder Appeal Challenging Prosecutor's Wearing Of Cross

In People v. Morris, (CA 3d Dist. Ct. App., Oct. 5, 2009), a California state appellate court refused to overturn a murder conviction of James Morris (also known as "Ultimate Evil") for his part in killing a 3-year old. On appeal, he complained (among other claims) that during trial the prosecutor wore what the trial court described as "a very thin, metallic cross measuring about an inch by one-half inch on a delicate chain." The court of appeals concluded that this did not compromise Morris' right to a fair trial, nor did it constitute an Establishment Clause violation or inject religion into the trial. Distinguishing this from cases in which attorneys wore clerical collars, the appellate court relied on factual findings by the trial court that the cross was small and barely noticeable, and could be construed equally as a fashion statement or a religious symbol.