Minnesota Prosecutor Accused Of Prosecutorial Misconduct

In State of Minnesota v. Buckingham, 772 N.W. 2d 64; 2009 Minn., defendant, Buckingham was found guilty of one count of first-degree premeditated murder, two counts of attempted first-degree premeditated murder, and three counts of attempted first-degree drive-by shooting murder.

Buckingham appealed his conviction claiming that the State committed prosecutorial misconduct, which deprived him of a fair trial. During trial the prosecutor made the statement, ' “We're going to get you. My group of guys, my group of guys, my gang, is going to get you. You're messing with the wrong people.” ', as a way to interpret the statement “Cash Money, f*** you, Cash Money gonna get you,” some witnesses testified to believing Cash Money to be a gang. Buckingham claimed that the prosecutor said these statements in order to prejudice the jury against him.

Gang evidence was not admitted at trial because Buckingham was not charged with a gang related crime. The district attorney allowed the testimony of those who believed Cash Money to be a gang and included jury instructions stating that Buckingham was not on trial for being a gang member or for being acquainted with possible gang members.


State v. Ferguson, held that when gang evidence is related to motive, it can be admitted. 518 N.W. 2D 824, 835-35 (Minn. 1998). In Ferguson, substantial gang evidence was admitted, but in Buckingham only some testimony referred to Cash Money as a gang. Also, both Ferguson and Buckingham gave jury instructions stating that Buckingham was not on trial for gang related crimes. So even though the testimony and statements may have been prejudicial admitting that testimony was not an error.

Buckingham's appeal was denied and the judgment was affirmed. The prosecutor was not found to have committed any prosecutorial misconduct.