People v. McDaniels CA3

DISCUSSION

I Limitation of Cross-Examination Defendant contends the trial court erred when it limited his right to cross-examine and impeach Officer Hampton, whom he terms a “percipient witness.” He claims further cross-examination “could have revealed other defects in her credibility, knowledge, and recollection, perhaps as it relates to her maintenance of the evidence’s chain of custody.” We disagree. A. Background Officer Hampton was the prosecution’s first witness at trial. Defendant sought to impeach her based on a time discrepancy in reports that appeared to put Officer Hampton in two places within the prison cell block at or near the same time. In his cross- examination, defense counsel asked Officer Hampton if she remembered the date of the search. Examining her report, she stated it was “May 19th, 2011, at approximately 1:

3 a.m., in the morning.” After establishing that defendant was in cell C-507 on the fifth tier, defense counsel asked, “And you stayed there from approximately 1:30 to approximately 2:15; is that correct?” Officer Hampton answered, “I believe I was there even longer than that. 2:15 is the time that I discovered the cell phone and charger in cell…