How have courts treated recanted statements to the police, hospital personnel and the police?

California, United States of America


The following excerpt is from People v. Hamilton, B260657 (Cal. App. 2016):

1. At trial, the victim recanted her statements to the police and hospital personneland while testifying at the preliminary hearing in the caseaccusing defendant of cutting her, variously claiming that she could not recall what happened or that defendant did not cut her face with glass from the picture frame. The victim also denied at trial her previous statement that defendant told her to tell the authorities that she sustained the injury when she fell against a glass table.

2. All further statutory references that follow are to the Penal Code.

3. People v. Marsden (1970) 2 Cal.3d 118 (Marsden).

4. People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

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