What is the test for third party culpability in a sexual assault case?
California, United States of America
The following excerpt is from People v. Alejo, H037602 (Cal. App. 2013):
To be admissible, third-party culpability evidence need not show " 'substantial proof of a probability' that the third person committed the act; it need only be capable of raising a reasonable doubt of defendant's guilt." (People v. Hall (1986) 41 Cal.3d 826, 833.) However, "there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime." (Ibid.)
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