COURT OVERTURNS CONVICTION OVER ‘SHINING’ INCIDENT

The New Jersey Supreme court has overturned a man’s bank robbery conviction because of a prosecutor’s reference to a classic horror movie.

During closing arguments in the case against Damon Williams, the prosecutor showed jurors a photo from “The Shining” depicting Jack Nicholson’s character telling his terrified wife and son, “Here’s Johnny!” after breaking through a door with an ax.

The reference was meant to illustrate that actions can speak louder than words, and to support the prosecutor’s contention that Williams should be convicted of a more serious offense even though no threatening words were spoken to the bank teller in Camden County in 2014.

The jury convicted Williams of second-degree robbery, which requires the use of force or the threat of force, rather than the less serious crime of third-degree theft. Prosecutors argued that Williams’ conduct before and after passing a note to the teller supported the more serious charge. Williams is serving a 14-year term.

A unanimous Supreme Court disagreed Tuesday, writing that prosecutors “must walk a fine line” when comparing a defendant with “an individual whom the jury associates with violence or guilt.”

“The use of a sensational and provocative image in service of such a comparison, even when purportedly metaphorical, heightens the risk of an improper prejudicial effect on the jury,” Justice Lee Solomon wrote. “Such a risk was borne out here.“