People v. Spelio

In People v. Spelio (1970) 6 Cal.App.3d 685, the defendant presented affidavits from four individuals (the defendant, his attorney, his stepmother, and the codefendant). Each affiant alleged having been told by one particular juror that she had discussed the defendant's testimony with her child and that at least one other jury member had done likewise. In disposing of the issue, the Court said in Spelio: "Appellant's credibility was crucial to his defense. The out-of-court statement by the jurors' children averred in the affidavits, may well have been a critical factor in appellant's conviction. However, the affidavits submitted at bench contained hearsay thrice and twice removed. Mrs. Tate did not nor did the other jurors, nor did any of the children vaguely referred to make any affidavits." (Ibid.)