Can a prosecutor in a sexual assault case portray defense counsel as a villain who is attacking the victim?

California, United States of America


The following excerpt is from People v. Redd, 108 Cal.Rptr.3d 192, 229 P.3d 101, 48 Cal.4th 691 (Cal. 2010):

23. Defendant relies upon People v. Pitts (1990) 223 Cal.App.3d 606 [273 Cal.Rptr. 757], which states that a prosecutor may not portray defense counsel as a villain who is attacking the victim. (Id. at p. 704.) In Pitts, the prosecutor's statements "in essence accused defense counsel of contributing to the ruination of [a witness's] life, " and "reasonably [could] be interpreted as a subtle accusation that defense counsel knowingly presented perjured testimony." (Id. at p. 705.) In contrast, the prosecutor's comments in the present case did not attack defense counsel in any such manner.

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