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People v. Whitt10/25/1990
l and documentary form, defendant sought to introduce his out-of-court statements for the "hearsay" purpose of proving that the events and feelings described therein actually occurred, i.e., that he had once acted and felt a certain way but now feels differently. (Evid. Code, § 1200.) Contrary to defendant's assertion, the mental state exception to the hearsay rule does not apply. (Id., § 1250, subd. (a).) The exception is limited to out-of-court statements describing a relevant mental state being
experienced by the declarant at the time the statements were made. (1 Jefferson, Cal. Evidence Benchbook (2d ed. 1982) § 14.1, pp. 383-384.) Defendant's statements on two topics -- events and feelings experienced before the interview -- do not fit this description, and are inadmissible to prove their truth. The only portion of the interview that seemingly satisfies Evidence Code section 1250, subdivision (a) is defendant's expression of his then existing feelings of Christian rebirth.
However, the trial court could properly conclude that these hearsay statements were "inadmissible" because they were "made under circumstances" indicating a "lack of trustworthiness." (Evid. Code, § 1252.) Defendant participated in the prison interview while his first appeal was pending. It was then possible for the case to be reversed and retried (as ultimately happened), or for the Governor to exercise his commutation power. Public professions of personal redemption could only benefit defendant in the event either of these contingencies occurred. Thus, as the prosecutor urged, there was ample ground to suspect defendant's motives and sincerity during the interview. (See, e.g., People v. Cruz (1968) 264 Cal. App. 2d 350, 357 [70 Cal. Rptr. 603].) (See fn. 15.) Denial of defendant's motion to introduce the interview through either Payton's testimony or the Dove Cage article was not error under state law.
Defendant nonetheless contends exclusion of such evidence violated his right to a fair trial and a reliable penalty determination under the federal Constitution. He cites Green v. Georgia (1979) 442 U.S. 95 [60 L.Ed.2d 738, 99 S.Ct. 2150] (per curiam), finding a due process violation where a capital defendant was barred at the penalty phase from introducing hearsay evidence of an accomplice's spontaneous "confession" exculpating the defendant of murder. The high court observed that even though Georgia recognized no hearsay exception for declarations against penal interest, the evidence was "highly relevant" and there were "substantial reasons" for trusting its "reliability." (Id., at p. 97 [60 L.Ed.2d at p. 741].) Such reasons included the presence of "ample" corroboration and the obvious absence of "ulterior motive." (Ibid. [60 L.Ed.2d at p. 741]; see also People v. Harris (1984) 36 Cal. 3d 36, 70-71 [171 Cal. Rptr. 679, 623 P.2d 240] (plur. opn. by Broussard, J.).)
For the reasons stated above, defendant's personal "Death Row" assurances of reform are not inherently reliable. Admission of such statements in the form and for the purpose offered here would effectively permit defendant to address the jury without subjecting himself to cross-examination. We have previously rejected analogous claims to a "right of allocution" in capital penalty trials, observing that the defendant is entitled to no unique immunity from examination by the People. (People v. Keenan, supra, 46 Cal. 3d 478, 511; People v. Robbins (1988) 45 Cal. 3d 867
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