In re Angel M.
The juvenile court found that appellant/defendant Angel M. (Angel) assaulted Jose P. (Jose) and his mother with a firearm during a drive-by shooting. After the incident, Jose identified Angel as the shooter to law enforcement. However, at trial, Jose claimed he did not remember whether Angel was the shooter. In fact, Jose responded that he did not remember the vast majority of questions posed to him at trial. However, his prior identification of Angel was brought into evidence by the testimony of law enforcement officers recalling their prior conversations with Jose. After all the evidence had been presented, the juvenile court found true the allegations that Angel had committed two counts of assault with a firearm.
Angel contends that Jose’s recalcitrance prevented Angel from being able to meaningfully cross-examine him. As a result, he argues the evidence of Jose’s prior statements should have been stricken to protect his Confrontation Clause rights. Without J
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