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People v. Victor Santiago

Physical, emotional abuse caused complainant's unavailability; grand jury testimony is allowed.

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PEOPLE v. VICTOR SANTIAGO — The defendant is charged with Aggravated Criminal Contempt and two counts of Criminal Contempt in the First Degree based on Angela R.’s1 allegations that he violated an Order of Protection which was issued to protect her. She and the defendant have lived together for many years, and as happens frequently in cases of this kind, prior to trial, Angela R. declared that she no longer wished to press charges, that she would decline to testify at trial, and that if she were made to testify she would declare that all the allegations she previously made to the police, prosecutor, and Grand Jury were fabricated by the police and the District Attorney. In view of that, the People moved for an order permitting them to use Angela R.’s Grand Jury testimony and her other out of court statements during the presentation of their direct case against the defendant. The People’s theory is that the defendant’s longstanding pattern of physical and emotional abuse toward Angela R. effectively forced her to become unavailable as a witness for the People at trial. The defendant opposes this motion, arguing that Angela R. is available and willing to testify at trial, and that her credibility is a matter for the jury. For the reasons which follow, the People’s motion is granted.

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