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People v. Mayfield1/2/1997
ng a police officer. But this fact was supported not only by Haverstick's subsequent testimony, which was properly admitted, but also by the tape recordings of defendant's telephone conversations.
The next objection concerns the same sequence of preliminary hearing testimony. At trial, defendant asked the court to delete all references in that testimony to statements Haverstick allegedly had made during the police interview. The objection was that there was no foundation for the questions because Haverstick could not remember the police interview. The trial court granted the request in part, excluding references to the interview as such, but retaining a part of the prosecutor question quoting a statement Haverstick had allegedly made during the interview ("Yes. And he says if this dude's dead what have I got to look forward to. And he says I'm just going to let Bill die and use my last bullet on me.") because Haverstick responded by testifying "I remember that distinctly."
We find no error. Although Haverstick did not recall the interview, he independently remembered the statements he had heard defendant make. As edited, the transcript properly reflects Haverstick's admissible testimony.
Next, defendant contends that the trial court should have excluded Haverstick's testimony that defendant threatened to let him die. The prosecutor had asked: "Now, did Mr. Mayfield, when he was in your home, at any time threaten to kill you?" HAVERSTICK HAD ANSWERED: "He threaten [ sic ] to let me die . . . . Quoting him, 'I'll just let Bill die and use this last bullet on myself.' " Defendant objected at trial that the answer was nonresponsive. The trial court overruled the objection, remarking that it thought the answer was responsive. We agree. It was at least debatable whether defendant's statement, as quoted by Haverstick, could be characterized as a threat to Haverstick's life. In any event, defendant could not have been prejudiced because the tape recordings, whose authenticity defendant has never challenged, include defendant's very explicit and unmistakable threats to kill Haverstick if defendant's demands were not met.
The final objection is to this question: "Do you feel that if you didn't comply with [defendant's] demands, that your life might be ended?" HAVERSTICK REPLIED: "Yes. I shut up." At trial, defendant objected that the question called for speculation. The trial court overruled the objection. At the time the trial court ruled, the charges against defendant included robbery of Haverstick, as to which it was relevant whether defendant's conduct had caused Haverstick to fear for his life. Although the question should have been phrased in terms of Haverstick's beliefs at the time of the incident, rather than at the time of the preliminary hearing, Haverstick's reply indicates he interpreted the question as calling for his belief at the time of the incident. Accordingly, the trial court did not err in overruling the objection.
E. The Crime Scene Videotape
Defendant contends that the trial court erred in overruling defense objections to a videotape of a portion of the crime scene.
1. Facts
The prosecutor's cross-examination of defendant lasted for several days. After a weekend recess, and out of the jury's presence, defense counsel informed the court that the prosecutor had given him a copy of a videotape, about 10 minutes in length, that the prosecutor intended to use in cross-examining defendant. The videotape showed various areas around the Sunstone Apartments and the service station; it had been made a few days earlier at the prosecutor's direction to demonstrate the falsity of some of defendant's testimony. Th
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