State v. Berube

¶1 Reference to a “snitch code” in closing argument, when supported by the evidence and not accompanied by racial comments, is not prosecutorial misconduct. Nor does a prosecutor commit misconduct by arguing that the defendant tailored his account of events in response to other witnesses’ testimony where the argument is based on defendant’s testimony on direct examination. We reject Ivory Berube’s challenges to his convictions and affirm.

FACTS

¶2 On the night of July 11, 2008, Tanisha Barquet and Kyla Jackson went to Thompson’s Point of View, a Seattle nightclub located at 23rd and Union.…