Commonwealth v. Gaudette

In Commonwealth v. Person, 400 Mass. 136, *763139, 142 (1987), we held that a prosecutor’s closing argument that a defendant who “sat through” all of the Commonwealth’s evidence “was able to fabricate a cover story tailored to answer every detail of the evidence against him” was improper and (in the circumstances of that case) “require[d] reversal” of the judgment. We are asked by the Commonwealth to reconsider that ruling in fight of Portuondo v. Agard, 529 U.S. 61, 64-65, 75-76 (2000), in which the United States Supreme Court held that a substantively similar remark by a prosecutor did not…