Respondent's Brief - Washington State Courts

evinces an enduring and resulting prejudice' incurable by a jury
instruction." State v. Larios-Lopez, 156 Wn. App. at 260.
The defendant, however, cannot show that the argument was
improper, much less flagrant andill-intentioned. Indeed, the prosecutor,
here was simply summarizing the evidence in the record, and, at most,
drawing a reasonable inference from that evidence.
The contested argument is composed of two sentences.
In the first, the deputy prosecutor said, flully "[ toilet trained and
begins wetting the bed." RP 797. This was simply a summary of
Ellsworth's testimony that C.D. had "began wetting herself," RP 530, and
having "bedwetting problems," RP 539, "after already completing potty
training." RP 530.
The prosecutor's next sentence was that "Ellsworth was here and
said yes, it can be relevant in treating someone's mental health, can be part
of anxiety, ifs simply something noteworthy, less so obviously to the
medical professionals." RP 797. This first part of this sentence was
simply a summary of the testimony. Ellsworth did testify in this trial, RP
522-43, and did testify that the fact that a child who had previously been
fully "potty trained" regresses into bedwetting "can" but "not always" be
an indicator that abuse has occurred. RP 541. Dr. Rebecca Wiester
testified that "bedwetting is a very nonspecific symptom of anxiety,
change," though "it's not something that we generally think of as an
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