assembled.
Sergeant Koury then admonished Mrs. Hopper not to let the children see any publicity concerning defendant in connection with the Barili case.
At the trial below, Dan, Glen, Mark, Raymond and Kelly all testified and all identified defendant as the man in the park. Dan's identification was undeniably untainted by exposure to the photographs since he had not attended the photographic lineup, having been home sick at the time.
The record contradicts defendant's contention that the sole basis for his identification by the children was the mustache with the gap in the center. The children identified a number of other distinctive features which they remembered about the man in the park. Danny described a lower lip that "bends a little" and his tilting forward as though off balance. Glen describedcorroborated his defense which was that he regularly frequented two bars during work hours and was so engaged at the time Kelly was molested.
(11) Defendant complains also of the prosecutor's attempt to discredit a defense witness, during closing argument, by stating that the reason she remembered the day of the offense was because her children had been taken from her that day because of neglect. The court ruled that this was proper argument. This was a correct recitation of the witness' testimony. That testimony had been elicited from her on direct examination by the defense. The taking of the children had been stressed as the reason why she remembered the day in question. The prosecutor's comment upon it was not misconduct.
(8c) Neither individually nor cumulatively (People v. Zerillo,