Is a defendant entitled to damages if he fails to testify in his defense?

Defendant first contends that the prosecutor improperly commented on his failure to testify. (See Griffin v. California (1965) 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 [Griffin ].) Under the rule in Griffin, error is committed whenever the prosecutor or the court comments, either directly or indirectly, upon defendant's failure to testify in his defense. It is well established, however, that the rule prohibiting comment on defendant's silence 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. (See People v. Mayfield (1993) 5 Cal.4th 142, 178-179, 19 Cal.Rptr.2d 836, 852 P.2d 331; People v. Morris (1988) 46 Cal.3d 1, 35, 249 Cal.Rptr. 119, 756 P.2d 843, and cases cited.)