Opinion of the Court by
Justice WINTERSHEIMER.In 1998, Young was found guilty by a jury of capital murder and sentenced to death. He appealed and this Court affirmed his conviction but reversed his death sentence because there was no aggravating circumstance applicable to his participation in the murder and remanded the case to the trial court for a new penalty phase. Young v. Commonwealth, Ky., 50 S.W.3d 148 (2001). A new penalty phase was conducted in 2002 and the jury sentenced Young to life in prison. It is from this sentence that he now appeals.
The questions presented on appeal are whether the parole statistics sought to be introduced by Young are probative of his chances of being paroled and whether the closing argument of the prosecutor was legally proper.
Defense counsel filed a motion in limine seeking to introduce statistical evidence establishing the probability of Young receiving parole. He claimed that the evidence was admissible under recent amendments to the truth-in-sentencing statute, KRS 532.055(2)(b), which allows a defendant to introduce evidence in mitigation or in support of leniency. At a pretrial hearing on the motion, the trial judge expressed concerns about the evidence because the statistics charting the decisions of the current parole board were not probative of the decisions of a future parole board. She also suggested that defense counsel obtain a witness who could testify about the statistics.
Defense counsel filed a supplemental memorandum in support of its motion on June 4, 2002, attaching as exhibits copies of certified records of the parole board’s annual statistics for fiscal years 1993-94 through 2000-01. On June 6, 2002, the trial judge entered an order neither sustaining nor overruling the motion at that time, but requiring the defendant to provide additional support or argument for introducing the evidence.
During a bench conference at the new sentencing hearing, defense counsel sought to introduce the statistical evidence concerning parole. The Commonwealth objected because the records offered by the defense did not indicate the amount of time each prisoner was deferred and there was no witness present to explain these facts. It also objected on grounds that parole is not a random act and the statistics do not show the probability that this defendant would be paroled. The trial judge sustained the Commonwealth’s objection because there was no witness to explain the statistical data. Ultimately, the jury sentenced Young to life in prison. This appeal followed.
I. Parole Statistics
Young argues that the trial judge erred by prohibiting him from introducing statistical evidence of the likelihood that he will receive parole to rebut the prejudicial implications of the evidence presented by the Commonwealth of minimum parole eligibility. He contends that Abbott v. Commonwealth, Ky., 822 S.W.2d 417 (1992), is no longer applicable because of legislative changes in KRS 532.055. We find no error.
The statistics compiled by Young and sought to be introduced as to parole probability are not probative of his chances of being paroled. The evidence he attempts to present does not predict his actual chances of being paroled and therefore is irrelevant and incompetent. See KRE 401-403. The statistics presented for the years 1993 to 2001 cover only the *345actions of the current parole board. His parole determination will be made by a different board selected by a different administration which may have different parole policies. Parole determination is inherently an individualized decision based on the particular facts of the case under consideration and it is therefore difficult, if not impossible, to predict by generalized probability statistics. See Hunt v. State, 321 Md. 387, 583 A.2d 218 (1990).
The contention by Young that his statistical evidence rebuts the parole eligibility evidence of the Commonwealth is without merit. The Commonwealth offered proof, pursuant to KRS 532.055(2)(a)(l) of the minimum parole eligibility of Young, not proof regarding the probability that Young would ever actually be paroled. The statistical evidence presented by Young does not controvert the parole eligibility proof presented by the Commonwealth and, consequently, does not qualify as rebuttal. See Abbott, supra.
Our review indicates that the trial judge did not abuse her discretion in refusing to accept the proffered statistical evidence from Young. The evidence simply fails to demonstrate what it is offered to prove; it does not indicate that Young is likely or unlikely to be paroled when he becomes eligible. The evidence relies on the assumption that the Young case is an “average” case and is highly speculative. The decision whether to grant parole to a defendant is an inherently individualized decision and although statistics may illustrate what happens in the average situation, they are not probative as to what will happen in a particular case.
II. Closing Argument
Young contends that he was denied due process and substantially prejudiced by the closing argument of the prosecutor encouraging the jury to ignore evidence of mitigation and to send a general message to the community by imposing a maximum sentence against him. He concedes that this issue is not preserved but seeks review pursuant to RCr 10.26.
Upon a careful examination of the record in this case, we have determined that the comments of the prosecutor were not error and were certainly not palpable error. RCr 10.26. He did not make unfounded and inflammatory attacks on the opposing advocate. His comments on the mitigation evidence were not misleading and the prosecutor confined himself to the facts in evidence and the fair inferences that may be drawn therefrom.
When prosecutorial misconduct is claimed, the relevant inquiry on appeal should always center around the overall fairness of the trial, not the culpability of the prosecutor. Maxie v. Commonwealth, Ky., 82 S.W.3d 860 (2002); see also Commonwealth v. Petrey, Ky., 945 S.W.2d 417 (1997). Here, Young received a fundamentally fair trial. He has no basis for his complaints. A complete review of this case indicates that there were no due process violations relating to either the federal or Kentucky Constitution.
The sentence is affirmed.
COOPER and GRAVES, JJ., concur. JOHNSTONE, J., concurs by separate opinion. KELLER, J., dissents by separate opinion and is joined by LAMBERT, C.J., and STUMBO, J.