Can a defendant prevent a witness from testifying in court by preventing the witness from giving evidence?

California, United States of America


The following excerpt is from People v. Aslam, A132445, A137222 (Cal. App. 2013):

21. See People v. Banos (2009) 178 Cal.App.4th 483, 501 ["forfeiture by wrongdoing is implicated not only when the defendant intends to prevent a witness from testifying in court but also when the defendant's efforts were designed to dissuade the witness from cooperating with the police or other law enforcement authorities"]; see also Steele v. Taylor (6th Cir. 1982) 684 F.2d 1193, 1202 ["A defendant cannot prefer the law's preference [for live testimony over hearsay] and profit from it . . . while repudiating that preference by creating the condition that prevents it"].)

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