Does a prosecutor who makes a statement before a jury that touches on one defendant's right to silence and representation constitute a constitutional violation?

However, not every statement made before a jury that touches on one defendant's rights to silence and representation amounts to a constitutional violation. For example, a prosecutor is permitted to comment on the state of the evidence and the defendant's failure to call a logical witness, despite the mere possibility that the statement might also be interpreted as a reference to the defendant's failure to testify. ( People v. Thomas (2012) 54 Cal.4th 908, 945, 144 Cal.Rptr.3d 366, 281 P.3d 361.) ¹²