Does a prosecutor's reference to the defense as "ridiculous and preposterous" constitute denigration of counsel?

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):

Defendant asserts that the references to the defense as "ridiculous" and "preposterous" denigrated counsel. Defendant did not object to these specific statements, and therefore forfeited this claim. Even if his subsequent objection is construed to refer to these comments26 however, this claim fails on the merits. "It is, of course, improper for the prosecutor 'to imply that defense counsel has fabricated evidence or otherwise to portray defense counsel as the villain in the case.... Casting uncalled for aspersions on defense counsel directs attention to largely irrelevant matters and does not constitute comment on the evidence or argument as to inferences to be drawn therefrom.' " (People v. Fierro (1991) 1 Cal.4th 173, 212 [3 Cal.Rptr.2d 426, 821 P.2d 1302].) The prosecutor's remarks, however, attacked the defense theory, not defense counsel's integrity, and did not constitute denigration of counsel.

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