![]() Supreme Court held that “the rule of forfeiture by wrongdoing extinguishes confrontation claims on essentially equitable grounds,” meaning it would not be fair for a defendant to take advantage of the Sixth Amendment confrontation clause rights by creating a situation of witness unavailability. The appellate court continued, citing Crawford v. ![]() to be confronted with the witnesses against him,” the appellate court distinguished this right by emphasizing that defendants have the duty to refrain from acting in ways to destroy the integrity of the criminal-trial system.” Davis v. Constitution that, “n all criminal prosecutions, the accused shall enjoy the right. While acknowledging the general principle of the Sixth Amendment to the U.S. Kevin Jermaine Jones (2012 DJDAR 10217), the Second Appellate District upheld the trial court ruling made by Judge Nishimoto. Jones appealed the ruling, not denying that he intimidated the witness, but claiming that application of 1390(a) was limited to cases where the witness was murdered. Judge Nishimoto commented that, “the implication from the discussion was that he has friends on the outside who can assist him in doing whatever is necessary.” Judge Nishimoto agreed with the prosecution, admitting Mr. The unavailability of the declarant as a witness If the statement is offered against a party that has engaged in, or aidedĪnd abetted, in the wrongdoing that was intended to, and did, procure Section 1390(a) states:Įvidence of a statement is not made inadmissible by the hearsay rule However, the prosecution argued that under Evidence Code § 1390(a), they were admissible. Such statements were hearsay without a doubt. Jones attempted to dissuade Durden from appearing in court to testify about his admission.Īt trial, Durden indeed did not come to court, but the prosecution attempted to admit Durden’s statements to the police about Mr. During the ten hours of phone conversation, which the jail recorded, Mr. Jones then contacted Durden twelve times by phone. ![]() Jones had made to her about choking Breland. Breland then went to police, who listened to her story and contacted Durden. After nearly choking one girlfriend (Breland) to death, he used that girlfriend’s cell phone to call the other girlfriend (Durden), saying “I just choked your homegirl out and I have her phone.” Jones was involved romantically with two women at the same time. Kevin Jermaine Jones, before the Honorable Cary Nishimoto, should serve as a warning in this regard. The Torrance Superior Court case of People v. If the client attempts to tell his girlfriend or wife to not cooperate with the prosecution by refusing to come to court, the prosecution can invoke the doctrine of forfeiture by wrongdoing to make the wife’s testimony or girlfriend’s testimony admissible. However, a defendant’s awareness of this can be dangerous. This is particularly relevant in witness intimidation issues, such as in domestic violence and gang-related cases. Why This Article Matters: Evidence Code § 1390(a) can make hearsay admissible when the statement is being offered to show the declarant engaged in wrongdoing to cause a witness to be unavailable. Our office has experienced this many times on first day of trial, to our client’s relief. For example, when a wife or girlfriend is the only witness to defendant’s conduct and she cannot or will not appear at trial, the prosecution may dismiss the case. Cohen said he initially delayed his testimony because of "ongoing threats against his family from President Trump.It is common in domestic violence cases, as well as certain theft cases and certainly gang-related cases, that the unavailability of a witness for trial can mean a dismissal or defense verdict. In 2019, after a delay, Cohen testified in front of the House Oversight Committee about his time working for his former boss. Our nation's laws prohibit efforts to discourage, intimidate, or otherwise pressure a witness not to provide testimony to Congress." The House Committee on Oversight and Reform said at the time that "efforts to intimidate witnesses, scare their family members, or prevent them from testifying before Congress are textbook mob tactics that we condemn in the strongest terms. ![]() Once Cohen agreed to testify, Trump began publicly attacking his former lawyer and suggested that his father-in-law should be investigated. But after the FBI raided his home in 2018, he was open to cooperating with special counsel Robert Mueller's investigation into the then-president.Ĭohen's lawyer said that Trump's advisers were hinting that he would pardon Cohen following the FBI's raid into his home. Michael Cohen, Trump's longtime personal lawyer, was convicted in 2018 for tax evasion, violating campaign finance rules and lying to Congress.įor years, Cohen had signaled loyalty to Trump. Cheney's claim against the former president isn't the first time Trump has been accused of obstructing justice.
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