State v. Gilbert

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We consider here whether the trial court prejudicially erred in allowing a prosecutorial comment on a criminal defendant’s failure to call a witness at trial. The court of appeals held that the comment was both impermissible and prejudicial, and reversed the conviction. We reverse, and reinstate the judgment of the trial court.

II. FACTS AND PROCEEDINGS

B.M. was beaten and raped early April 13, 1988, in a snowy lot in Seward. Martin Gilbert was charged with the crimes. Gilbert was then a member of the crew of the F/V Valoris. He was questioned by police…