People v. Slaughter CA3

DISCUSSION

I Admission of Girlfriend C.’s Preliminary Hearing Testimony Defendant contends the trial court erred in admitting girlfriend C.’s preliminary hearing testimony for two reasons: (1) the prosecution did not demonstrate that it exercised due diligence in trying to secure girlfriend C.’s presence at trial and (2) the prosecution failed to establish the reliability of the preliminary hearing testimony. We disagree and address each contention in turn. A. Additional Background In March 2023, the prosecution moved to admit girlfriend C.’s September 2022 preliminary hearing testimony. According to the motion, the prosecution served a subpoena on girlfriend C. in November 2022, requiring her to appear on March 28, 2023, to testify in defendant’s case. On January 30, 2023, girlfriend C. notified the prosecution that she and her children would be moving to Florida within a few weeks so that girlfriend C. could care for her ailing grandmother. She informed the prosecution that she would not return to California to testify because the rest of her family lived in California and no one else could take care of her grandmother. The prosecution reminded girlfriend C. of the…