California, United States of America
The following excerpt is from People v. Miller, B219922, Los Angeles County Super. Ct. No. MA041498 (Cal. App. 2011):
In People v. Williams (1997) 16 Cal.4th 153, 200, our high court summarized the general principles regarding when evidence suggesting the defendant has intimidated a witness is admissible to prove consciousness of guilt: " ' " 'Generally, evidence of the attempt of third persons to suppress testimony is inadmissible against a defendant where the effort did not occur in his presence. [Citation.] However, if the defendant has authorized the attempt of the third person to suppress testimony, evidence of such
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conduct is admissible against the defendant.' " ' [Citations.] In [People v. Terry (1962) 57 Cal.2d 538, 566], we held that proof of a criminal defendant's 'mere opportunity' to authorize a third person to attempt to influence a witness 'has no value as circumstantial evidence' that the defendant did so."
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