Does the failure of the defense to introduce material evidence at trial constitute failure to testify?

was produced by the prosecution . . . and the failure of the defense to introduce material evidence . . . cannot fairly be interpreted as referring to defendant's failure to testify." (Id. at p. 1339.) Surely she knew not to argue that defendant had a burden of proof and had failed to meet it. We see no reasonable likelihood that the jury understood the references otherwise.⁷ We also reiterate that the jury was instructed that he was presumed innocent. As alluded to, we view that instruction as carrying greater weight than any untoward prosecutorial remarks. (People v. Thornton, supra, 41 Cal.4th at p. 441.)