When will a defendant be allowed to introduce his videotaped statements to a jury?

California, United States of America


The following excerpt is from The People v. Russell, No. RIF72974, S075875 (Cal. 2010):

We also reject defendant's contention that there exists an independent state law basis to introduce his videotaped statements. Defendant argues that this court possesses the inherent authority to recognize exceptions to the hearsay rule, though he acknowledges that we "do so cautiously in light of the venerable policy against admitting declarations by witnesses who cannot be cross-examined." (People v. Demetrulias (2006) 39 Cal.4th 1, 27.) Defendant suggests that the reliability of his statements, coupled with the fact that the statements were introduced at the guilt phase of his trial, compels this court to recognize a narrow exception to the hearsay rule. We disagree. As previously explained, the statements are self-serving and uncorroborated by physical evidence; defendant presents us with no reason to ignore our admonition to proceed cautiously when recognizing exceptions to the hearsay rule.

Page 36

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