Does a leniency agreement require a witness to testify as a witness on the part of the public as to the truth?

California, United States of America


The following excerpt is from People v. Walker, B221399 (Cal. App. 2011):

We disagree. Villatoro also acknowledged that he understood the term in the leniency agreement that required him to tell the truth, and that it would be determined by a neutral magistrate whether he did tell the truth. Villatoro testified that the version given in his recorded statement was the truth. Such circumstances are analogous to those in People v. Fields (1983) 35 Cal.3d 329, 359-360, where the plea agreement required the witness "'to testify as a witness on the part of the People of the State of California as to the truth of those events that occurred on September 28, 1978.'" The witness's understanding of the agreement was that she would testify in accord with her last statement to the police, and that she would tell the truth. (Id. at p. 360.)

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