People v. Bullard

In People v. Bullard (1977) 75 Cal.App.3d 764, the defendant was charged with inflicting unjustifiable pain and suffering on a child under circumstances likely to produce great bodily harm or death in violation of Penal Code section 273a, subdivision (1). The trial court admitted evidence of hearsay statements by the child's mother to another resident of the duplex where the defendant, the mother and child lived. The mother was charged with a related offense and refused to answer questions on the grounds that the answers might tend to incriminate her. The other resident testified that mother had told her that the defendant had slapped the child more than once and that the witness could not see the child or take her to the hospital because the mother was afraid that she and the defendant might get into trouble. ( Id., at p. 769.) Noting that the hearsay statements of the mother were an "inseparable combination of exculpatory and inculpatory matter," the reviewing court held it was Leach error to admit the evidence as an exception to the hearsay rule. The statements which incriminated the defendant (he had slapped the child more than once) were not "specifically deserving of the mother's penal interest so as to cloak them with an aura of trustworthiness.