California, United States of America
The following excerpt is from People v. Ayala, A118439 (Cal. App. 1/14/2009), A118439 (Cal. App. 2009):
Respondent argues that the prosecutor's remark at the beginning of closing argument was merely an introductory statement designed to provide the jury with context for the evidence he would thereafter be summarizing for them. Respondent also maintains that it was necessary for him to focus the jury on Flowerday's feelings to provide the jurors with a plausible explanation for conflicts between her testimony and that of the other prosecution witnesses about the description of the "scarf" appellant was allegedly wearing around his face and neck when he entered the customer service booth. Respondent relies on People v. Dennis (1998) 17 Cal.4th 468, 518 (Dennis), where the court found that the prosecutor's reference in his opening statement to the impact of a mother's murder on the daughter who witnessed the killing was permissible comment because it was "reasonably necessary and unavoidable to prepare the jury for the difficulties and gaps in her testimony."
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