Saturday, August 23, 2014

Trial Court Error 3 - The prior was cumulative

Even if the prior was admissable under 1101, to prove intent as the judge indicated, it still should have been excluded because it was cumulative.

Admission of other crimes evidence cannot be justified merely by asserting an admissible purpose; such evidence may only be admitted if it (1) tends logically, naturally and by reasonable inference to prove the issue upon which it is offered, (2) is offered upon an issue which will ultimately prove to be material to the People's case, and (3) is not merely cumulative with respect to other evidence which the People may use to prove the same issue. People v. Lopez, 198 Cal. App. 4th 698 (2011).

Here, the testimony of the two alleged victims, if the jury believed them, would be evidence of sexual intent.

The prior would have been cumulative and therefore not admissable.