Does a prosecutor have to comment on the state of the evidence or on the failure of the defense to introduce material evidence or call logical witnesses?
California, United States of America
The following excerpt is from People v. Nguyen, G044510, Super. Ct. No. 09WF0993 (Cal. App. 2011):
The prohibition on comment on the decision not to testify does not extend to "comments on the state of the evidence, or on the failure of the defense to introduce material evidence or to call logical witnesses." (People v. Medina (1995) 11 Cal.4th 694, 755.) The prosecutor's "no explanation" comment here merely pointed to the state of the evidence that showed a burglary had been committed by two individuals working in tandem.
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