specially concurring.
In order to convict, the jury had to believe the complainant’s testimony and disbelieve defendant. Even so, the complainant’s testimony provided substantial evidence for the verdict. Were this not so, I would deem prejudicial the remarks by the prosecutor that the jury should not wait for a body to be brought in. Those remarks improperly and prejudicially diverted the jury’s attention from the facts at hand to the situation at large. That a national or local problem exists with regard to domestic violence is everyone’s concern. However, the jury was duty-bound to base its verdict only on the facts of this case and not on its fear or concern with a larger societal crisis. By injecting into this case the national case, the prosecutor was off-base and created serious error.
I would not have disagreed with the trial court had it granted a mistrial or new trial. That it did not, under the circumstances of this case, I agree is neither a manifest injustice nor an abuse of discretion. I therefore concur.