Is a prosecutor's comment in response to a defense counsel's argument that the phone records for the apartment where the shootings occurred after the shooting occurred constitute misconduct?

California, United States of America


The following excerpt is from People v. Williams, S030553 (Cal. 2013):

Finally, defendant claims the following comment in the prosecutor's rebuttal constituted misconduct: "You see, the problem for defense counsel and for his client is he can't change the phone records. He can't deceive the phone records. He can't manipulate them. He can't confuse them. He can't cross-examine them because . . . they speak for themselves." The prosecutor's statements were in response to defense counsel's assertion during closing argument that the telephone records for the apartment where the killings occurred showed no calls "after the afternoon." The prosecutor rebutted this comment by noting that Cyprian had testified that he had called someone from that apartment's phone just before the shooting and that the telephone records showed a call at 9:05 p.m. The prosecutor's remarks constituted fair comment on the evidence, and fell within the permissible bounds of argument. (People v. Friend, supra, 47 Cal.4th at p. 32.)

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