State v. Michael T.

Summary

The court affirmed the defendant’s convictions and sixty-year total effective sentence, holding that the prosecutor’s questioning of the child victim and closing and rebuttal arguments did not deprive him of a fair trial. The court also held that the trial court was permitted, but not required, to use the statutory phrase referring to the defendant’s “failure to testify,” and that the statute was not unconstitutional because the wording did not materially burden the right to remain silent. D’Auria, J., concurring, agreed with the judgment and reasoning but urged legislative clarification or adoption of a preferred neutral instruction for cases involving a defendant’s silence.