P. v. Martinez
Ernesto Ernie Martinez challenges his first degree murder conviction, contending the trial court prejudicially erred in admitting two witnesses prior statements to investigators. Defendant argues the prior statements constituted inadmissible hearsay because the prosecution failed to demonstrate the prior statements were inconsistent with the witnesses trial testimony. Defendant contends the courts ruling violated his right to confrontation because the witnesses inability to recall their prior statements made it impossible to conduct an effective cross examination.
Court find the prosecution presented an adequate foundation for admitting the prior statements of one witness, and that defendant failed to object to the admission of the other witnesss prior statements, thus waiving the issue on appeal. Finally, Court conclude the witnesses contrived failure to recall their prior statements did not violate defendants confrontation and due process rights because the witnesses were present and fully available for cross examination. Court therefore affirm.
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