The following excerpt is from USA. v. Mathews, 240 F.3d 806 (9th Cir. 2000):
Finally, Matthews argues that the prosecution improperly disparaged the defense by characterizing the defense argument as an "[o]ctopus squirting ink," and asserting, somewhat ambiguously, that "[t]hey're trying to get away, so they gotta hide what they're doing, they gotta hide all the facts, cloud the facts, throw up all kinds of dirt, squirt the ink." It is unclear whether this commentary refers to defense counsel, as Matthews asserts, or to the defense argument, as the Government insists. Examining a case in which the prosecutor used words such as "stupid" and "trash," this court held that "[a] lawyer is entitled to characterize an argument with an epithet as well as a rebuttal." Williams v. Borg, 139 F.3d 737, 744-45 (9th Cir.), cert. denied, 525 U.S. 937 (1998). The same panel also concluded that the prosecution had acted improperly by attacking defense counsel, but found no reversible error because the evidence supporting conviction was overwhelming. Id.
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