Is a prosecutor misconduct to state or imply that defense counsel has fabricated a defense?

" 'A prosecutor commits misconduct if he or she attacks the integrity of defense counsel, or casts aspersions on defense counsel.' [Citations.] 'In evaluating a claim of such misconduct, we determine whether the prosecutor's comments were a fair response to defense counsel's remarks' [citation], and whether there is a reasonable likelihood the jury construed the remarks in an objectionable fashion." (People v. Edwards (2013) 57 Cal.4th 658, 738.)

It is generally misconduct for a prosecutor to state or imply that defense counsel has fabricated a defense. (People v. Seumanu (2015) 61 Cal.4th 1293, 1337.) A prosecutor may argue that defense counsel " 'is attempting to confuse the issues and urge[] the jury to focus on what the prosecution believes is the relevant evidence.' " (People v. Hillhouse (2002) 27 Cal.4th 469,

Page 20

502; see People v. Marquez (1992) 1 Cal.4th 553, 575-576 [finding proper prosecutor's argument that a " 'smokescreen' " had been " 'laid down [by the defense] to hide the truth' "].)