Can a prosecutor comment on a defendant's failure to testify in his own defense?

Bramlage contends the prosecutor committed misconduct by commenting on his failure to testify during the sanity phase, in violation of Griffin v. California (1965) 380 U.S. 609 [85 S.Ct. 1229]. This claim is meritless.

Page 27

"Griffin forbids argument that focuses the jury's attention directly on an accused's failure to testify and urges the jury to view that failure as evidence of guilt." (People v. Avena (1996) 13 Cal.4th 394, 443.) "A prosecutor may not directly or indirectly comment on a defendant's failure to testify in his or her own defense. [Citation.] But the prosecutor may comment on the state of the evidence, including the failure of the defense to introduce material evidence or to call witnesses." (People v. Mincey (1992) 2 Cal.4th 408, 446; see, e.g., People v. Medina (1995) 11 Cal.4th 694, 756 [no Griffin violation where "prosecutor's comments were directed to the general failure of the defense to provide an innocent explanation as to why defendant was armed... at the time of the robberies"].)