CALIFORNIA CRIMINAL DEFENSE OUTRAGE OF THE WEEK: ACQUITTAL VACATED BY DEFENDANT'S FAILURE TO VOLUNTEER THE WHEREABOUTS OF COMPLAINING WITNESS!
This case absolutely defies logic and supports the weirdo proposition that defense attorneys have to assist prosecutors when they lose their witnesses. You've got to be kidding!
Okay, so in this case, the DA got to the end of his case. But there was no victim to put on to support counts 3 and 4. The judge granted a dismissal on those counts pursuant to Penal Code sec. 118.1 granted.
The defendant informed his lawyer that he knew where the victim was and wanted her called on the remaining counts. Hide and seek! The court was outraged, and vacated its 1118.1 dismissal, resuscitating the dismissed counts.
Ironically, the jury acquitted on counts 3 and 4. So, then, why the outrage?
But the California Court of Appeal is outraged at this malfeasance by the defendant. He's estopped from claiming double jeopardy because of forfeiture by wrongdoing.
This is an extreme case: the court claimed the defendant intentionally interfered with the trial process with his incredibly transparent ploy. If you're scratching your head, join the group. What, exactly, did the defendant do wrong? When the DA announced that he couldn't find the victim, was the defendant supposed to jump up and announce that he knew where she was?
Has the C/A heard of the 5th Amendment?
So, when the prosecutors lose their witnesses next time, make sure you get up and give them directions. This is just another example of judges trying to help inept prosecutors.
People v. Pearson; 2008 DJ DAR 12035; DJ, 8/4/08; C/A 2nd, Div. 6
