United States v. Washington

MEMORANDUM ***

1. The comments made by the prosecutor during summation were not improper. A review of the trial transcript makes clear that the prosecutor did not refer to evidence that had been excluded as hearsay, and did not mischaracterize the testimony of Katie Washington. The prosecutor’s statement that Washington carried the firearm into the bar was supported by the defendant’s own statement to the arresting officers. Finally, although a prosecutor may not interject his personal opinion regarding witnesses’ credibility, see United States v. Garcia-Guizar, 160 F.3d 511, 520-21 (9th Cir.1998), the prosecutor’s comments regarding Green’s testimony, taken as a whole, did not go beyond commenting on the evidence and asking the jury to draw inferences regarding his veracity. These remarks were therefore not improper. United States v. Molina, 934 F.2d 1440, 1445 (9th Cir.1991) (“In a case that essentially reduces to which of two conflicting stories is true, it may be reasonable to infer, and hence to argue, that one of the two sides is lying.”).

2. In any event, because defense counsel did not object to the prosecutor’s com *699 ments, reversal is proper only if the comments…