Legal Question in Criminal Law in California

admission of evidence

Prosecution did not introduce written statement of defendant as evidence. The Police officer who took the statement was not called to testify. Prosecution close its case. Defense Counsel commence his case by calling his only witness, the defendant. During Cross-examination of defendant witness, prosecution asked defendant of making a written statement to the Police and defendant responded in the affirmative. Prosecution tried to introduced the written statement, Defense objected that prosecution had his case and never introduced the statement as part of his evidence. Prosecution offered that statement is prior inconsistent statement and should be introduced as impeaching evidence as wells part of substantive evidence of the case. What should the court do?


Asked on 3/27/05, 7:35 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: admission of evidence

It should tell the person asking the question to do his own homework instead of trying to get someone more knowledgeable to do it for him.

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Answered on 3/27/05, 9:34 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: admission of evidence

The court will admit the statement to the police as a prior inconsistent statement. This is the risk you take when the defendant testifies at the trial after talking to the police. The attorney should have known that the statement would be used if the defendant's testimony at trial was materially different the statement.

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Answered on 3/29/05, 2:45 am


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