Can a defense cross-examine the evidence of prior possession of a firearm?
California, United States of America
The following excerpt is from People v. Goss, 105 Cal.App.3d 542, 166 Cal.Rptr. 1 (Cal. App. 1980):
Inasmuch as the facts of prior possession were relevant to the issue of guilt, it "did not violate the evidentiary principle that cross-examination may not be undertaken to elicit denials for the purpose of producing answers[105 Cal.App.3d 549] to be contradicted on matters which the prosecution could not properly prove independently of the denial testimony. (See People v. Lavergne (1971) 4 Cal.3d 735, 94 Cal.Rptr. 405, 484 P.2d 77.)" (People v. James, supra, 56 Cal.App.3d at p. 890, 128 Cal.Rptr. at p. 742.)
The evidence was proper rebuttal. The prosecutor made an aborted attempt to offer it in his case in chief, then sought to establish the evidence on cross-examination of defendant. The rebuttal evidence was properly introduced to meet specific points of dispute raised by the defense. (See People v. Demond, 59 Cal.App.3d 574, 587, 130 Cal.Rptr. 590.)
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