Commonwealth v. Lewis, 960 N.E.2d 324, 81 Mass.App.Ct. 119 (2012)

Commonwealth v. Lewis, 960 N.E.2d 324, 81 Mass.App.Ct. 119 (2012)

“The prosecutor referred to a crime scene videotape that was introduced in evidence and that apparently depicted a ‘wad of money’ in the defendant's front pocket. No evidence regarding money in the defendant's pocket was presented. While counsel are permitted to argue the facts and fair inferences derived therefrom, it is improper to make an argument wholly unsupported by the evidence. Kozec, supra at 522, 505 N.E.2d 519.”