People v. Cambitsis

In People v. Cambitsis (1980) 101 Cal.App.3d 141, the court explained because due process safeguards guaranteed to a defendant are less comprehensive in a probation revocation hearing than for a criminal trial with evidentiary rules more relaxed and the standard of proof less stringent that "it would seem appropriate to loosen the requirement of unavailability" required by Evidence Code section 1291. ( Id. at p. 146.) In Cambitsis probations were revoked because defendants attended a race track and cashed forged tickets in violation of their probation conditions. The main witness against them was the parimutuel clerk who cashed their tickets on February 21. The witness whose testimony was read was a taxicab driver who had picked up the defendants at an inn across the street from the race track three days later on February 24, and drove them to the airport. Defendants presented alibis, including one for February 24. Under such circumstances, where the testimony from the transcript was cumulative to that of the parimutuel clerk, the court's use of the taxicab driver's preliminary hearing testimony did not violate due process.