Francis

Introduction

Defendant, Julia H. Francis, appeals her convictions of first degree murder, kidnapping and an arming allegation. Defendant was a member of a group of six who shot and killed Ashraf Bandari. Three members of the group, Lori Harkins, Jennifer Wilson and Mike Wilson, entered into plea bargains in exchange for their testimony against the rest of the group. Lori Harkins and Jennifer Wilson refused to testify at trial. The court, after extensive efforts to persuade them to testify, found them unavailable, and their testimony from the preliminary hearing was read into the record. Robert Campo, another member of the group, testified but answered almost every question with “I don’t remember.” The defendant contends on appeal that the court committed prejudicial error in allowing these statements to be impeached with inconsistent prior statements and testimony. We disagree and will affirm the judgment.

Facts

In 1984, the defendant was a waitress at Denny’s Restaurant in Fresno. While working there she became acquainted with the victim Ashraf Bandari (hereinafter Bandari). They eventually developed a boyfriend/girlfriend relationship. At the time of their…