How to Establish Witness Credibility ?
In People v. Medina, 41 Cal.App.3d 438 (1974), the prosecutor attempted to shore up the credibility of his own witnesses by pointing out to the jury that they were put on the stand, cross-examined and subjected to charges of perjury. (Id. at p. 457.)
The prosecutor also noted the witnesses' testimony was "unrefuted." (Ibid.)
The court found, "The net effect of these remarks in combination was to urge the jury to believe the testimony of the prosecution witnesses because the defendants, who were the only ones who could have refuted it, did not take the stand and subject themselves to cross-examination and to prosecution for perjury. Little discussion of authority is necessary to demonstrate that this was Griffin citations error." (Ibid.)