Is evidence of intimidation admissible where the witness was not dissuaded from testifying?

California, United States of America


The following excerpt is from The People v. Bachicha, B215687, No. KA082558 (Cal. App. 2010):

The Olguin court explained why evidence of witness intimidation is admissible where the witness was not dissuaded from testifying. "A witness who testifies despite fear of recrimination of any kind by anyone is more credible because of his or her personal stake in the testimony.... [T]he fact a witness is testifying despite fear of recrimination is important to fully evaluating his or her credibility. For this purpose, it matters not the source of the threat.... [] Regardless of its source, the jury would be entitled to evaluate the witness' testimony knowing it was given under such circumstances. And they would be entitled to know not just that the witness was afraid, but also, within the limits of Evidence Code section 352, those facts which would enable

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them to evaluate the witness's fear." (People v. Olguin, supra, 31 Cal.App.4th at pp. 1368-1369.)

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