People v. Arellano CA3

BACKGROUND

Due to the limited nature of the claim on appeal, we need not fully recite the facts of the underlying trial. It suffices to say A.A. testified that, after their relationship deteriorated and defendant became abusive, they decided to sell the house they co-owned. As she was moving out, defendant pushed her down a flight of stairs, causing minor injuries. Her testimony was corroborated by her friend and business partner, Lupe, who witnessed the offense firsthand and called 911. Theorizing A.A. fabricated the offense in retaliation for litigation between her and defendant and because she wanted to keep the house, defendant sought to impeach both witnesses based on their putatively inconsistent statements, relationship, communication about the case, and involvement in the litigation. Defendant also sought to establish an alibi: by the time Lupe called 911, he had strolled into a nearby Walmart. The prosecution argued he could have pushed A.A. down, fled to Walmart, and then returned in the established timeframe, and additionally presented evidence showing defendant had a propensity for abusive and harassing behavior. Three days after the jury entered the verdict finding…