Does a prosecutor's mention of "uncontradicted or unrefuted" evidence constitute improper commentary by the prosecutor on defendant's failure to testify?
The following excerpt is from U.S. v. Iorizzo, 786 F.2d 52 (2nd Cir. 1986):
4 We reject defendant's contention that the prosecutor's mention of "uncontradicted" or "unrefuted" evidence amounted to improper commentary by the prosecutor on defendant's failure to testify. Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965). Under the law of this circuit, such statements do not violate the Griffin "no-comment" rule. See United States v. Damsky, 740 F.2d 134, 140-41, (2d Cir.), cert. denied, --- U.S. ----, 105 S.Ct. 298, 83 L.Ed.2d 233 (1984); United States v. Rodriguez, 556 F.2d 638, 641-42 (2d Cir.1977), cert. denied, 434 U.S. 1062, 98 S.Ct. 1233, 55 L.Ed.2d 762 (1978).
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