In the Epps murder trial, the prosecutor who defined misconduct is committing it again

December 12, 2025

San Francisco filmmaker Kevin Epps's murder trial experienced a significant disruption when defense attorneys requested a mistrial, alleging prosecutorial misconduct by Assistant District Attorney Jonathan Schmidt during closing arguments. The defense claims Schmidt mischaracterized the deceased victim, Marcus Polk, as peaceful and non-threatening despite knowing evidence of Polk's violent history, methamphetamine use, and aggressive behavior. Notably, Schmidt was previously reprimanded in the 2002 Ninth Circuit case United States v.

Who is affected

Kevin Epps (defendant, San Francisco filmmaker and journalist)
Jonathan Schmidt (Assistant District Attorney/prosecutor)
Marcus Polk (deceased victim)
Epps's partner and two young children
Justice 4 Kevin Epps community support collective
The jury hearing the case
Various community leaders and supporters including Danny Glover, Rev. Amos Brown, and representatives from NAACP chapters

What action is being taken

The defense is moving for a mistrial based on allegations of prosecutorial misconduct
The prosecutor is presenting closing arguments in the murder trial
The Justice 4 Kevin Epps collective is packing the courtroom and staging courthouse rallies and vigils throughout the trial

Why it matters

This case raises serious concerns about prosecutorial integrity and fairness in the criminal justice system, particularly because the prosecutor was previously sanctioned for identical misconduct that established Ninth Circuit precedent. The situation challenges fundamental principles of due process, as prosecutors have a constitutional duty to seek justice rather than secure convictions at any cost. The case also tests California's Castle Doctrine protections for individuals defending their homes against intruders.

What's next

No explicit next steps stated in the article

Read full article from source: San Francisco Bay View National Black Newspaper