Does the Attorney General have any authority to infer that the victim was afraid of being labelled a snitch?

The prosecutor has wide latitude to draw inferences in closing argument; however, the inferences must be based on evidence. (People v. King (2010) 183 Cal.App.4th 1281, 1306-1307.) No evidence was presented indicating why the victim did not testify. We are not persuaded by the Attorney General's assertion that the jury could infer the victim did not testify because he was afraid of being labeled a snitch based on the evidence supporting that other witnesses had this concern. Indeed, the other witnesses did testify notwithstanding their fears of being labeled a snitch. On a silent record concerning why the prosecution did not call the victim to testify, any inferences on this point are speculative.

Although failure to object during closing argument rarely constitutes ineffective representation because it is presumed counsel had a tactical reason, this principle does not apply when "counsel was asked for an explanation and failed to provide one." (People v. Huggins, supra, 38 Cal.4th at p. 206.) Defense counsel has provided no explanation as to why he did not object to the prosecutor's improper suggestion concerning the reason for

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the victim's failure to testify other than to observe that he rarely objects during closing argument.