Is evidence that a witness is afraid to testify relevant to their credibility?

California, United States of America


The following excerpt is from People v. Williams, A132155 (Cal. App. 2012):

of guilt; we were not concerned with whether it was relevant to some other issue, such as the witness's credibility. (Hannon, at p. 599; People v. Weiss (1958) 50 Cal.2d 535, 554.) Evidence is relevant if it has any tendency in reason to prove or disprove any disputed fact or consequence, including evidence relevant to the credibility of a witness. [Citations.] Thus, ' "[e]vidence that a witness is afraid to testify or fears retaliation for testifying is relevant to the credibility of that witness and is therefore admissible. [Citations.] An explanation of the basis for the witness's fear is likewise relevant to her credibility and is well within the discretion of the trial court. [Citations.]" ' [Citation.]" (People v. Abel (2012) 53 Cal.4th 891, 924-925, parallel citations omitted.)

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