Can a Defendant challenge a finding that the victim's statements to police officers were admissible as prior inconsistent statements?

California, United States of America


The following excerpt is from People v. Finocchio, A160469 (Cal. App. 2021):

[6] Defendant does not challenge the trial court's finding that the victim's statements to the officers were admissible as prior inconsistent statements because the victim's lack of memory could be found to be feigned and his testimony was deliberately evasive. (See People v. Johnson (1992) 3 Cal.4th 1183, 1219-1220 [as long as there is a reasonable basis for concluding witness's lack of memory is evasive and untruthful, admission of prior statements is proper].)

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