What is the effect of a district attorney questioning a defendant about his interest in a young, small, Asian woman reporter?

California, United States of America


The following excerpt is from People v. Smith, 134 Cal.Rptr.2d 1, 30 Cal.4th 581, 68 P.3d 302 (Cal. 2003):

Defendant next complains that the district attorney questioned him about the attention he had been giving to a "young, small, Asian woman" reporter who had occasionally been in the courtroom. Defendant admitted that he liked "Asian women" but denied that he had paid special attention to this person. Defendant contends this questioning was irrelevant and should not have been permitted. However, he failed to object to the questions, thus making the issue not cognizable on appeal. (People v. Cooper, supra, 53 Cal.3d at p. 822, 281 Cal.Rptr. 90, 809 P.2d 865.) After this questioning, defendant objected to another line of questions, which the court sustained. In arguing the point outside the presence of the jury, defense counsel argued that the questions to which he objected had no bearing on the case, "anymore so than asking him about the Japanese reporter [obviously referring to the same person]." But counsel never objected to the earlier questions or asked that anything be stricken. In any event, the questioning was surely harmless. Defendant denied paying particular attention to this reporter and, as the trial court noted, "the incident regarding the Japanese reporter, I presume is something the jury could have observed."

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