Can a witness at trial deny or deny that a defendant supplied him with marijuana?

California, United States of America


The following excerpt is from People v. MIL, F056605, No. BF116677B (Cal. App. 2010):

following the crucial moment when the marijuana came into his possession, and as to that moment his testimony was equivocal. For the reasons stated above, we conclude that [the witness]'s deliberate evasion of the latter point in his trial testimony must be deemed to constitute an implied denial that defendant did in fact furnish him with the marijuana as charged. His testimony was thus materially inconsistent with his preliminary hearing testimony and his extrajudicial declaration to [a law enforcement officer], in both of which he specifically named defendant as his supplier. Accordingly, the two prior statements of this witness were properly admitted pursuant to Evidence Code section 1235." (People v. Green, supra, 3 Cal.3d at pp. 988-989, fn. omitted.)

More recently, in People v. Ledesma (2006) 39 Cal.4th 641, 710-711, the court rejected the defendant's challenge to the admission of a witness's prior statements as inconsistent statements where the witness testified at trial that she could not remember what the defendant had told her, what she had stated to the police, or what her prior testimony was in the case. The court stated:

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