Does a trial witness's deliberate forgetfulness result in the admission of a statement made by a witness that is inconsistent with the hearsay rule or confrontation clause?
California, United States of America
The following excerpt is from The People v. Taeotui, D054491, No. SCN222540 (Cal. App. 2010):
A trial witness's deliberate forgetfulness may result in the admission of the statement notwithstanding the hearsay rule or the confrontation clause because the statement could be regarded as a prior inconsistent statement an exception to the hearsay rule. (People v. Perez (2000) 82 Cal.App.4th 760, 764.)
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