SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases

(1997). While the prosecutor can attack a defendant's
credibility, "the prosecutor may not elicit evidence of
the defendant's silence, his request for an attorney, or
the discussions the defendant had with his attorney to
argue that the defendant fabricated his story." Id. at
691 (holding improper an argument "that because the
defendant sat through all the Commonwealth's evidence he
was able to fabricate a cover story tailored to answer
every detail of the evidence against him"). Similarly, a
prosecutor may not argue that a defendant "used his
access to the Commonwealth's evidence before trial to
conform his testimony falsely to fit the evidence against
him." Commonwealth v. Ewinq, 67 Mass. App. Ct. 531, 542
(2006). Such an argument infringes on the defendant's
"right to prepare far trial." a.
C. Application of Law to Facta.
The prosecutor deliberately and repeatedly violated
the defendant's right not to be punished for exercising
his constitutional rights by invoking Greineder's
pretrial silence and opportunity to hear the evidence at
trial when he urged the jury to reject his testimony. The
prosecutor relied heavily in cross-examination, over
objection, and closing argument on Greineder's failure to
disclose prior to trial that he attempted to pick up his
wife three times. According to the prosecutor, the fact
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