California, United States of America
The following excerpt is from People v. Kidd, G038653 (Cal. App. 5/30/2008), G038653 (Cal. App. 2008):
Although a witness's testimony that she does not recall something is not inconsistent with her prior statement describing it, "`[w]hen a witness's claim of lack of memory amounts to deliberate evasion, inconsistency is implied. [Citation.] As long as there is a reasonable basis in the record for concluding that the witness's "I don't remember" statements are evasive and untruthful, admission of his or her prior statements is proper. [Citation.]' [Citation.]" (People v. Ledesma (2006) 39 Cal.4th 641, 711.) Such is the case here.
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