When will a defendant's claim that references by prosecution witnesses to their fears of testifying to the jury have been deemed unreasonable?

California, United States of America


The following excerpt is from People v. Williams, 16 Cal.4th 153, 66 Cal.Rptr.2d 123, 940 P.2d 710 (Cal. 1997):

Finally, defendant contends that, when considered for their cumulative impact, references by the prosecution witnesses to their fears of testifying denied him fundamental fairness. We have recognized that "evidence of an anonymous threat not connected with the defendant 'should at once be suspect as ... an endeavor to prejudice the defendant before the jury in a way which he cannot possibly rebut satisfactorily because he does not know the true identity of the pretender.' " (People v. Mason (1991) 52 Cal.3d 909, 946, 277 Cal.Rptr. 166, 802 P.2d 950, quoting People v. Weiss, supra, 50 Cal.2d at p. 554, 327 P.2d 527.) Nevertheless, for several reasons, we reject defendant's contention.

First, as we recently noted, a witness's statement, alone, that he or she is afraid to testify is "far from accusing defendant or his associates of threatening [the witness] if he testified." (People v. Padilla (1995) 11 Cal.4th 891, 944, 47 Cal.Rptr.2d 426, 906 P.2d 388.) Similar analysis is appropriate as to most of the "fear" testimony of which defendant complains.

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