Vouching
People v. Dickey (2005) 35 Cal.4th 884 7. Alleged vouching for a witness
Defendant contends the prosecutor committed prejudicial misconduct by vouching for the credibility of Gene Buchanan.
"A prosecutor is prohibited from vouching for the credibility of witnesses or otherwise bolstering the veracity of their testimony by referring to evidence outside the record.... However, so long as a prosecutor's assurances regarding the apparent honesty or reliability of prosecution witnesses are based on the `facts of [the] record and the inferences reasonably drawn therefrom, rather than any purported personal knowledge or belief,' her comments cannot be characterized as improper vouching. [Citations.]" (People v. Frye (1998) 18 Cal.4th 894, 971, 77 Cal.Rptr.2d 25, 959 P.2d 183.)
The conduct defendant complains of occurred as the prosecutor, in his argument to the jury, acknowledged and sought to dispel any doubts they may have had regarding Buchanan's credibility. "He's a drug addict, street-wise, and he's con-wise and he doesn't work.... [¶] ... But that doesn't mean that the truth cannot come out of the mouth of a drug addict. It can come out of the mouth of a drug addict just as well as it can come out of the mouth of a priest. No priests lived at that Harvard address, only drug addicts. This murder was committed in hell. We don't have angels for witnesses, we've people that live in hell. [¶] But do you think Gene Buchanan would lie for $5,000? Maybe. Do you think Gene Buchanan would lie to send a man to prison? I don't think so."
We need not decide whether the prosecutor's comment amounted to improper vouching because defense counsel objected to the comment, the objection was sustained, and the court admonished the jury: "That's an improper argument, ladies and gentlemen, [the prosecutor] has stated his personal opinion. You are to ignore that statement, please." We presume the jury heeded the admonition and that any error was cured. (People v. Burgener (2003) 29 Cal.4th 833, 874, 129 Cal.Rptr.2d 747, 62 P.3d 1 (Burgener); People v. Jones (1997) 15 Cal.4th 119, 168, 61 Cal.Rptr.2d 386, 931 P.2d 960; People v. Wash (1993) 6 Cal.4th 215, 263, 24 Cal.Rptr.2d 421, 861 P.2d 1107.)