Can a finding of probable cause be based on hearsay statements of a witness who was neither an eyewitness nor a victim?

Under the former statute at issue in Mills v. Superior Court, supra, a finding of probable cause could be based on the hearsay statements of a witness who was neither an eyewitness nor a victim, but only if the defendant failed to make reasonable efforts to secure the presence of the witness at the preliminary hearing. We grounded our decision invalidating the statute on prior California cases acknowledging the "critical importance" of the preliminary hearing as a mechanism to weed out groundless claims. As we stated, "Only by preserving the adversarial character of the preliminary hearing can we enable the magistrate responsibly to 'weigh the evidence, resolve conflicts and give or withhold credence to particular witnesses.' [Citations.]" (42 Cal.3d at p. 957, 232 Cal.Rptr. 141, 728 P.2d 211.) We concluded that the challenged statute, by requiring a defendant to expend "reasonable efforts" to secure a witness's presence at the hearing, "unduly strains defendant's rights under article I, section 15, of the California Constitution." (Id. at p. 958, 232 Cal.Rptr. 141, 728 P.2d 211.)