Does a murder victim have to be an eyewitness to the crime to prevent him or her from testifying in a criminal proceeding?
California, United States of America
The following excerpt is from People v. Aguilar, B227935 (Cal. App. 2012):
The murder victim need not have been an eyewitness to the crime for the special circumstance to apply, so long as the defendant believed he was exposed to criminal prosecution and intentionally killed the victim to prevent him or her from testifying in an anticipated criminal proceeding." (People v. Clark (2011) 52 Cal.4th 856, 952.)
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