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People v. Drapel6/10/2002
g containers, there was an outstanding warrant for her arrest and she was not arrested even though Selleh knew of the warrant at the time.
Craft's exculpatory statements were not cumulative because the defense was completely prohibited from exploring that line of inquiry. In fact, the prosecution was permitted to create the impression no one but defendant had access to or motive for possessing the drugs.
A juror having heard Craft's admissible statements could have reasonably concluded Craft, not defendant, possessed the drugs or at least could have entertained a reasonable doubt about who possessed the drugs. Under the circumstances, restricting defendant's cross- examination of Selleh regarding Craft's declarations against interest was not harmless beyond a reasonable doubt and thus the appellant's conviction must be reversed.
DISPOSITION
The judgment is reversed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
We concur:
LILLIE, P.J.
PERLUSS, J.
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