P. v. Collaso
Defendant challenges his conviction for kidnapping and carjacking, contending the trial court erred in denying his motions for mistrial. Collaso argues the prosecutor violated his right to a fair trial when she (a) asked the victim if he believed his assailant was a gang member; (b) introduced an audiotaped interview in which the word gangsters was heard; and (c) made a reference to gangs during closing argument.
Court conclude the foregoing did not deny Collasos due process right to a fair trial. The witness never answered the prosecutors question on whether the assailant was a gang member and the trial court admonition to the jury cured any prejudice from the question. The audiotapes reference to gangsters was a barely audible and random reference without context, furnishing no basis for the jury to believe the comment referred to Collaso. Moreover, the defense did not request an admonition after the gangster reference. Finally, the prosecutors closing argument did not allude to gangs, but concerned a fair comment on the evidence presented regarding Collasos threat to the victim. Accordingly, Court affirm.
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