In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning?

California, United States of America

The following excerpt is from The People v. Cardelas, A119856, No. SC60181 (Cal. App. 2010):

Here, defense counsel preserved this ground for appeal by objecting to the prosecutor's remarks. We conclude, however, that defendants have failed to establish that the prosecutor's ill-advised remark constituted misconduct. "Although it is misconduct for a prosecutor to make comments calculated to arouse passion or prejudice [citation], the comments... challenge[d] here were not so calculated." (People v. Mayfield (1997) 14 Cal.4th 668, 803.) A reasonable juror would take the prosecutor's argument as an explanation for why Emily's testimony should be believed even though she withdrew from questioning and was not an otherwise engaging witness.

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