Can a defendant be found guilty of a violation of section 136.1, subdivision (c)(1) of the California Code of Civil Procedure for threatening and verbally abusing a witness?
California, United States of America
The following excerpt is from People v. Bell, C070170 (Cal. App. 2013):
"There is, of course, no talismanic requirement that a defendant must say 'Don't testify' or words tantamount thereto, in order to commit the charged offenses. As long as his words or actions support the inference that he . . . attempted by threat of force to induce a person to withhold testimony [citation], a defendant is properly" convicted of a violation of section 136.1, subdivision (c)(1). (People v. Thomas (1978) 83 Cal.App.3d 511, 514 [in hallway outside courtroom defendant cursed at and threatened witness and yelled, "You put my mother in jail, you had my mother picked up"].)
Substantial evidence supports defendant's conviction on count 7.
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