People v. Buckey

I respectfully dissent from the majority’s determination that a prosecutor may comment on a defendant’s opportunity to fabricate testimony because of his presence at trial. I am *19persuaded that such prosecutorial comments impermissibly infringe on a defendant’s constitutional and statutory right to be present at trial, as well as his rights to testify and assist in his defense. See People v Fredericks, 125 Mich App 114, 119-120; 335 NW2d 919 (1983).

The majority concedes it would be error for a prosecutor to link a defendant’s presence or absence at trial with his ultimate guilt or innocence,…