In State of Washington v. Darraji, (WA App., May 22, 2025), a Washington state appellate court by a 2-1 vote affirmed a second-degree felony murder conviction of defendant, an Iraqi immigrant. Defendant, Yasir, was charged with murdering his former wife, Ibthal. The court explained:
At trial, the State’s theory was that Ibtihal’s rejection of traditional Iraqi culture and Islamic beliefs, and her embrace of American culture and Christianity, was the source of conflict between the former spouses. Their fighting and insults escalated until Yasir strangled Ibtihal to death in her car, drove the vehicle to a different location, and lit the car on fire with Ibtihal’s body inside.
On appeal, Yasir argues that the State committed prosecutorial misconduct by introducing irrelevant and inflammatory evidence of Islamic beliefs to invoke anti-Muslim bias with jurors.
The majority rejected defendant's arguments, saying in part:
The comments and questions by the prosecutor were based on evidence and introduced to show motive. The State maintained that Yasir believed Ibtihal’s changing behaviors failed to conform to Iraqi culture and Islamic beliefs and were disrespectful, insulting, and reflected poorly on him.... The non-conforming behavior included drinking, smoking, going to bars, dating, driving, working, not covering her hair, and attending a Christian church. While Yasir’s appeal focuses primarily on evidence of the couples’ religious differences, the State maintained that Ibtihal’s conversion to Christianity and decision to wear her hair uncovered was part of the larger picture....
The foregoing questions and comments were based on relevant evidence and reasonable inferences ... and were introduced to show motive. An objective observer could not view these questions and comments as an appeal to bias or prejudice against Muslims or persons from Iraq.
Judge Fearing dissented, saying in part:
... [B]ecause of the divisive subject of Islam and stereotypes of Middle Eastern men, the State needed to selectively, thoughtfully, and carefully present its evidence rather than turn the trial into a contest between American culture and Christianity, on the one hand, and Iraqi culture and Islam, on the other hand....
The State gratuitously painted victim Ibtihal Darraji as Christian and American and defendant Yasir Darraji as Muslim and un-American. The State even went as far as suggesting Ibtihal was a martyr to Christianity. With its testimony and arguments to the jury, the State employed the ancient, but common, practice of portraying the victim as “us” and the accused as “them” in order to assure a conviction. I would reverse and remand for a new trial because Yasir Darraji did not receive a fair trial....
