Is an attempt by a third party to suppress testimony admissible against a defendant?

California, United States of America


The following excerpt is from People v. Farrish, A129772 (Cal. App. 2012):

" ' "Efforts to suppress testimony . . . indicate a consciousness of guilt on the part of a defendant, and evidence thereof is admissible against him. [Citation.] Generally, evidence of the attempt of third persons to suppress testimony is inadmissible against a defendant where the effort did not occur in his presence. [Citation.] However, if the defendant has authorized the attempt of the third person to suppress testimony, evidence of such conduct is admissible against the defendant." ' [Citation.]" (People v. Hannon (1977) 19 Cal.3d 588, 599 (Hannon); accord, People v. Perez (1959) 169 Cal.App.2d 473, 477-478.)

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