The California Supreme Court affirmed a judgment of conviction and sentence of death. The court held that the prosecutor improperly vouched for the integrity of a sheriff’s deputy involved in a fatal shooting when, during closing argument, he donned an emblem symbolizing unity with the local deputies and attested to how humbled he felt to be wearing the emblem.The court further held that the defendant forfeited a claim of error on this issue by failing to raise it at trial.
Gang member Freddie Fuiava shot at Los Angeles County Sheriff’s deputies Stephen Blair and Robert Lyons, killing Blair. Fuiava was charged with murder and attempted murder. It was alleged as special circumstances that Fuiava committed Blair’s murder for the purpose of avoiding and preventing a lawful arrest and that Blair was a peace officer engaged in the performance of his duties when Fuiava knowingly and intentionally killed him.
