Is there any case law where a prosecutor improperly argued that a defendant should not have been executed during the penalty phase?

Fourth, defendant claims that, during the penalty phase closing argument, the prosecutor improperly argued that defendant "forfeited his right to sympathy and redemption." Contrary to defendant's argument, the prosecutor did not tell the jury it could not consider sympathy, but properly argued that under the facts of the case, defendant does not deserve sympathy. "Although a jury is entitled to consider sympathy in its penalty determinationand it would be improper to suggest otherwise [citation]the jury is not required to feel sympathy for murderers. The prosecution may properly argue that the particular facts do not warrant sympathy; the defense may properly argue the opposite." (People v. Edwards, supra, 54 Cal.3d at p. 840, 1 Cal.Rptr.2d 696, 819 P.2d 436.) Again, counsel was not incompetent for failing to object.

Finally, contrary to defendant's claim, the three murders were not "close" cases. Rather, the evidence against defendant was overwhelming. Any reasonable jury would have reached the same verdicts in the absence of the alleged instances of prosecutorial misconduct. (People v. Bolton (1979) 23 Cal.3d 208, 214,152 Cal.Rptr. 141, 589 P.2d 396.)