People v. Lord

In People v. Lord (1994) 30 Cal.App.4th 1718, the Court held that the defendant waived the claim that he was denied a constitutional right to an evidentiary hearing on the necessity of a support person by failing to request a hearing or otherwise objecting to the presence of a support person. (Id. at p. 1722.) Lord stated that the showing required by Adams at such a necessity hearing is "debatable," and in dicta, suggested that the showing required under section 868.5 is that the presence of the support person "'is both desired by the prosecuting witness for support and will be helpful to the prosecuting witness' ." (Lord, supra, 30 Cal.App.4th at pp. 1721-1722.) In determining that the lack of a necessity hearing was waived, Lord stated: "The absence of an objection deprived the trial court of the opportunity to correct any procedural error and make an evidence-based finding that the witness needed a support person." (Id. at p. 1722.)