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Archive for Friday, January 4, 2002

Misconduct errors reverse convictions in four cases

January 4, 2002

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— A Sedgwick County prosecutor who has seen new trials ordered for four convictions she handled has resigned, the district attorney said.

The prosecutor, Denise Donnelly-Mills, will remain on the county payroll until later this month, when her vacation and sick leave are used up, Dist. Atty. Nola Foulston said.

Kansas appellate courts have ordered new trials for three convictions handled by Donnelly-Mills, and Foulston ordered a new trial in a fourth case, all four in the last year and for prosecutorial misconduct.

Donnelly-Mills has been on medical leave and was moved last year from trying criminal cases to the juvenile division.

She "will no longer be employed after the conclusion of her sick leave, which was approved by the county, and the conclusion of her vacation time," Foulston said. "The fact of the matter is that Denise has determined that she is going to resign from the office."

Donnelly-Mills did not comment Wednesday.

Foulston said Donnelly-Mills, who joined the district attorney's office in 1990, was a good lawyer with solid ethical standards, despite the last year's troubles.

In all four of the overturned convictions, the court ruled that Donnelly-Mills used improper language in closing arguments.

Prosecutors said that after years of ruling such arguments by prosecutors as "harmless error," courts have begun to crack down on such tactics by reversing convictions.

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