In what circumstances will a prosecutor comment on the failure of the defense to call logical witnesses?
California, United States of America
The following excerpt is from People v. Zarazu, B220661 (Cal. App. 2012):
In general, a prosecutor may comment on the failure of the defense to call logical witnesses. (People v. Mitcham (1992) 1 Cal.4th 1027, 1051.) "The failure of a defendant to call an available witness whom he could be expected to call if that witness testimony would be favorable is itself relevant evidence. The omission traditionally has been
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