Singleton

People v. Singleton

Good Law
105 Cal. Rptr. 3d 628·182 Cal. App. 4th 1·2010 Cal. App. LEXIS 218
Court of Appeal of CaliforniaFebruary 22, 2010B211975California7,327 words

Opinion

Opinion

Manella, J.

Appellant Michael Joseph Singleton, a former police officer, was charged with assaulting an arrestee and filing a false report about the arrest. He was investigated by his employer and gave a compelled statement, after being advised, pursuant to Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822 [ 221 Cal.Rptr. 529 , 710 P.2d 329 ] (Lybarger), that it would not be used against him in a criminal trial. The prosecutor called David Weldon, the person who investigated the incident, to opine whether appellant had control of the arrestee during a portion of the arrest depicted in a video recording. In the published portion of the opinion we conclude that the testimony did not violate the principles articulated in Kastigar v. United States (1972) 406 U.S. 441 [ 32 L.Ed.2d 212 , 92 S.Ct. 1653 ] (Kastigar) regarding the treatment of witnesses exposed to compelled statements. We further find that Weldon was qualified to give the limited expert opinion he provided and that appellant was not denied an opportunity to effectively cross-examine him. We affirm.

PROCEDURAL BACKGROUND

On September 4, 2007, an information was filed charging appellant Michael Joseph Singleton in count 1…

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