Can a witness's out-of-court statements be used as evidence to convict a defendant even if the witness later recants?

California, United States of America

The following excerpt is from People v. Villareal, B291257 (Cal. App. 2020):

A witness's out of court statements can serve as evidence to convict a defendant even if the witness later recants. (People v. Cuevas (1995) 12 Cal.4th 252, 276-277.) Indeed, initial out-of-court statements may be more reliable than later recantations, especially where the witness offers no explanation for why his statements regarding past events changed, and where there is evidence that the witness changed his statements as a result of fear or intimidation. (Id. at p. 268.)

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