Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks?

California, United States of America


The following excerpt is from People v. Alvarenga, B253826 (Cal. App. 2015):

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 [citation]." (People v. Edwards, supra, 57 Cal.4th at p. 738.)

There is no reasonable likelihood the jury construed the prosecutor's comments that defense counsel was seeking to "distract" the jury from the evidence as an attack on counsel's integrity. (See People v. Edwards, supra, 57 Cal.4th at pp. 738-740.)

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