People v. Catley

In People v. Catley (2007) 148 Cal.App.4th 500, the court concluded that the instruction does not bolster the testimony of a cognitively impaired witness because it expressly directs the jury to " 'consider all of the factors surrounding the person's testimony, including her level of cognitive development.' " (Id. at p. 507, fn. 1, quoting CALCRIM 331.) The instruction is balanced and neutral, informing the jury that it should not reject a witness' testimony based solely on a cognitive impairment, and at the same time that it should not consider such witness "any more or less credible" than any other witness. (Catley, supra, at pp. 507-508; CALCRIM 331.) The instruction thus invites the jury to do exactly what appellant claims it prohibits: to evaluate the witness' testimony by considering their impairments along with every other factor bearing on their credibility. Nothing in CALCRIM 331 prevents a jury from considering whether a witness is unable to give accurate or honest testimony because of her cognitive impairment; in fact, the instruction requires the jury to consider that possibility, along with "all the factors surrounding that person's testimony . . . ." (Catley, supra, at pp. 507-508.)