Is a prosecutor's question and remarks about the failure to cross-examine witnesses "deceptive or reprehensible misconduct"?

California, United States of America

The following excerpt is from The People v. Springfield, D055161, Super. Ct. No. SCD212571 (Cal. App. 2010):

Springfield contends the prosecutor's questions and remarks about his failure to cross-examine witnesses constituted "deceptive or reprehensible" misconduct because the prosecutor was exploiting a procedural mistake to persuade the jury he lacked evidence to support his defense. Springfield has forfeited this contention because he did not object to the prosecutor's questions and remarks on this ground. (People v. Redd, supra, 48 Cal.4th at pp. 733-734.)

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