People v. Henderson

Because I believe the People’s unfounded comments and insinuations about the intimidation of the victim substantially prejudiced the defendant, I would reverse and remand for a new trial. I, therefore, respectfully dissent.

This is a case where the People ignored the victim’s testimony that the defendant was not his assailant, and suggested, without any evidentiary basis, that the victim was lying because he had been intimidated by the defendant. When the victim denied any intimidation, the People then argued that the victim’s denials meant that he had, in fact, been intimidated. The victim’s…