Can a jury infer that a witness who refused to testify after a grant of immunity from prosecution is a member of a criminal gang who was subsequently granted immunity?

Defendant contends the trial court violated his Sixth Amendment right to confront and cross-examine the witnesses against him by allowing the prosecution to question these witnesses. Defendant generally acknowledges that the prosecution is entitled to draw a negative inference from a gang member's refusal to testify after a grant of immunity. (See People v. Sisneros (2009) 174 Cal.App.4th 142, 150-152 [jury is permitted to infer that the witness's silence was motivated by a fear of gang retribution in evaluating gang expert's testimony].) He argues, however, that even if the court could

Page 22