Does a prosecutor's comment that "any experienced defense attorney can twist a little, poke little, try to get you to buy something" constitute a personal attack on defense counsel's integrity?

California, United States of America


The following excerpt is from People v. Boldt, A131940 (Cal. App. 2013):

In sum, having carefully reviewed the closing arguments of the parties in their entirety, and viewing the challenged comments in the context of rebuttal to defense counsel's argument the jury should find defendant acted in self defense, we conclude the prosecutor's comments did not exceed the boundary of permissible argument and "it is not reasonably likely" that the jury perceived the prosecutor's comments as a personal attack on defense counsel's integrity. (Cole, supra, 33 Cal.4th at p. 1203; see also People v. Medina (1995) 11 Cal.4th 694, 759 [prosecutor's observation that "any experienced defense attorney can twist a little, poke a little, try to draw some speculation, try to get you to buy something" was "unobjectionable" and did not demean defense counsel's integrity].)8

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