Witness

Detention of witness

California Constitution article I, section 10.

PC1332 PC878

In re Francisco M (2001) 76 Cal.App.4th 1061

In re D.W. (2004) 123 Cal.App.4th 491

People v. Cogswell (2010) 48 Cal.4th 467

When faced with a witness whom both sides want to call at trial, counsel should not be lured into relying on the prosecution to locate, subpoena and produce the witness at trial. Our Supreme Court has held it does not constitute bad faith for the prosecution to announce, for the first time, during trial it will not call such a witness, even if the defense had relied on their representations that they would attempt to produce the witness. “The defense was responsible for securing the presence of any witness it wanted to call at trial, regardless of whether the prosecution would also be using that witness” (People v. Harrison, 35 Cal. 4th 208, 241, 25 Cal. Rptr. 3d 224, 106 P.3d 895 (2005)).