Seijas

In this case, a witness against defendant admitted at the preliminary hearing that he had originally lied to the police about the identity of defendant’s accomplice. Because of this, shortly before trial began, defendant’s counsel suggested that the trial court should appoint an attorney to advise that witness whether to assert the privilege against self-incrimination. The court did so. When the witness did assert the privilege, defense counsel argued that the witness should be given immunity for his testimony. Counsel also argued that if the witness were granted immunity, defendant could cite that immunity to challenge the witness’s credibility before the jury. The prosecution refused to give the witness immunity. As a result, the court permitted the witness to assert the privilege. Ultimately, it declared the witness unavailable to testify at trial and admitted his preliminary hearing testimony.

The Court of Appeal held that the trial court erred in permitting the witness to assert the privilege against self-incrimination and, for this reason, prejudicially erred in admitting the preliminary hearing testimony. We conclude that because defendant did not object on this…