People v. Velarde CA4/1

DISCUSSION

A. The pretext call between Velarde and Jane was properly admitted. Velarde contends the trial court violated his Fourteenth Amendment right to due process by admitting a pretext phone call into evidence. He claims that any statements he made during the call were involuntary because Jane “used emotional pressure to coerce him to make admissions.” We discern no coercion under the totality of the circumstances here.

1. Additional Background

After Jane’s father reported the abuse to the police, Detective Daniel Schleyer was assigned to the case. As part of his investigation, the detective arranged a pretext call between Jane and Velarde. As Detective Schleyer explained, pretext calls are phone calls from the victim to the suspect usually in an officer’s presence. Their main purpose is to elicit admissions and explanations from the suspect. To prepare Jane for the call, Schleyer provided her with “a theme”—“why you did this to me”—but not a list of questions. She was encouraged to ask questions in her own words. If Jane

3 got “stuck” during the call, Schleyer would guide her back to the theme or write down a suggested response. The recorded call was played for the…