What is the basis for a finding of pretext in a sexual assault case?

To support his claim of pretext, defendant points to the fact that the prosecutor did not question J.C. about whether he felt rage about his daughter's rape. A finding of pretext can be based on the prosecutor's failure to engage a juror in meaningful voir dire about the topic the prosecutor has identified as important. (See People v. Lewis, supra, 43 Cal.4th at p. 476.) The trial court could reasonably credit the prosecutor's statement that he did not want to subject J.C. to detailed questioning about an obviously highly painful experience. Further, the prosecutor could deduce that it would not be unusual for

Page 13