 Hernandez had not requested to be tried in his civilian clothes and therefore the prosecutor maintains that if there was an error made it was harmless.The District Court referenced "Brooks v. Texas" (1967) and set the precedent that it is implicitly wrong to try a defendant in prison attire especially when civilian clothing is at hand.The appearance of the prison uniform should not be able to affect the jurors’ decision making, which should be on the hard evidence alone.