Finding that a husband had so thoroughly intimidated his wife that she recanted a domestic violence complaint against him, a Queens judge has ruled that she has become “unavailable” to the prosecution, which now will be permitted to introduce out-of-court statements that she made after her husband allegedly punched her and pushed her out of a moving car.
Acting Supreme Court Justice Joseph Zayas (See Profile) found in People v. Turnquest, Ind. No. 602/2011, that there was a “mountain” of direct and circumstantial evidence that Chet Turnquest, through his own misconduct, had forfeited his constitutional right to confront Emutheul Turnquest at his upcoming trial for attempted murder in the first and second degree, assault in the first and second degree, and first-degree reckless endangerment.
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