Minifie

A defendant charged with assaultive crimes who claims self-defense may present evidence that the alleged victim had previously threatened him. Here, we decide the admissibility of threats against the defendant, not by the victim, but by third parties. We conclude that evidence of third party threats is admissible to support a claim of self-defense if there is also evidence from which the jury may find that the defendant reasonably associated the victim with those threats.

In this case, the trial court excluded substantial evidence of third party threats. The Court of Appeal held the exclusion to be error and found it prejudicial as to most of the counts. We agree.

I. The Facts

A. Prosecution Case

The incident underlying this case occurred in the crowded Antlers Bar in Pinole around midnight on November 29-30, 1992. Aukusitino Afamasaga (Tino) was sitting at a table with several others when defendant, a convicted felon, entered the bar. Tino, a large man, had a broken foot covered by a cast and was using crutches. He was unarmed. Tino testified that he did not know defendant by sight, but someone pointed defendant out to him. Tino disliked defendant because he had…