P. v. Pak CA2/5
A jury convicted Eugene Pak (defendant) of assault with a deadly weapon based on evidence he struck his erstwhile friend Lanisha Carter in the face with a liquor bottle, which broke her nose and caused a gash requiring stitches. At trial, the investigating police detective testified he called defendant after the incident and left a voicemail message asking defendant to call him back. Asked whether he ever heard from defendant, the detective answered, “I never have to this day.” During closing argument the prosecution argued defendant’s failure to return the detective’s call was evidence of his consciousness of guilt. We consider whether to reverse defendant’s conviction because the detective’s answer and the prosecutor’s argument violated defendant’s constitutional right against self-incrimination.
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