People v. Zielesch

In People v. Zielesch (2009) 179 Cal.App.4th 731, the court held that while some courtroom practices, such as requiring the defendant to appear in jail attire, are unduly suggestive of guilt and are therefore per se in violation of the defendant's due process right to the presumption of innocence, "Allowing some courtroom spectators to wear commemorative buttons depicting the likeness of a fallen officer is not unduly suggestive of guilt." (Id. at p. 745.) The court went on to state: "Defendant's claim to the contrary is an insult to the intelligence, integrity, and resolve of jurors. Here, there is no reason to believe that the jurors, when faced with the image of the alleged murder victim, would be unable or unwilling to base their verdict solely on the evidence presented during the trial." (Ibid.) In any event, the court held any possible prejudice was dispelled by the trial court's prompt admonition to jurors to disregard the displays and to decide the defendant's guilt or innocence solely on the evidence presented at trial. (Ibid.)