Sometimes domestic violence victims come in and fill out an affidavit of non prosecution telling us that they gave a false statement to the police officer the day the incident occurred.
We proceed to trial because other evidence, like photos, generally tend to show the original statement was truthful and the new affidavit of prosecution appears to be a recent fabrication.
Today testimony from a victim was ordered excluded by a trial court upon a defense motion citing Hughes v. State, 4 S.W.3d 1 (Tex. Crim. App. 1999)
The court read the case to mean since the prosecution had the affidavit of non-prosecution stating the witness gave a false statement, the prosecution was solely offering the witness to impeach her.
So was the judge right? This was a pretrial hearing. Also wondering if your office faced a similar situation.
How can that be? Perhaps the victim will actually testify at trial according to her initial statement to police. Then there would no prosecutorial impeachment. In the case that your judge relied on, other witnesses were used to impeach K.P. that certain statements were made by her (which she was consistent in denying). In your case, you have two differing statements by the same person.
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