Can a prosecutor respond to the defense by vouching for the credibility of a government witness?

While it is improper for the prosecution to vouch for the credibility of a government witness, a prosecutor may respond to the defense. "References to requirements of truthfulness in plea bargains do not constitute vouching when the references are responses to attacks on the credibility because of his plea bargain." United States v. Shaw, 829 F.2d 714, 717 (9th Cir.1987).

In this case, a primary defense strategy was to attack the testimony of the co-conspirators based on their pleas. Once the defense has attacked a witness's truthfulness based on an agreement, the prosecution's response has been invited. "We must consider the prosecutor's comments in the context of the defense counsel's arguments which repeatedly asserted that the government witness was lying." United States v. Wallace, 848 F.2d 1464, 1474 (9th Cir.1988). "Thus the import of the evaluation has been that if the prosecutor's remarks were invited and did no more than respond substantially in order to 'right the scale,' such comments would not warrant reversing a conviction." Young at 12-13. The prosecutor in this case was clearly responding to the lengthy cross examination of the witness by the defense counsel. No error was committed.

The judgment is AFFIRMED.