When a prosecutor makes a recommendation of death in a criminal case, does he abuse the witness by making inflammatory comments?

There was no such abuse here. The superior court was not unreasonable in effectively determining that the prosecutor did not commit misconduct. For it was not unreasonable in impliedly finding that he did not use any method of persuasion that may be deemed deceptive or reprehensible, including inflammatory comments. Such remarks as those quoted above did indeed characterize defendant in negative terms. Although perhaps unnecessarily colorful, they were consistent with the evidence. Hence, they were not improper. (See, e.g., People v. Berryman, supra, 6 Cal.4th at p. 1076, 25 Cal.Rptr.2d 867, 864 P.2d 40.) Defendant argues that "the prosecutor in fact was testifying on behalf of his recommendation of death." The assertion is unsupported. It may be rejected out of hand.

4. Request for an Instruction Not to Consider Guilt Phase Evidence