People v. Cromer

In People v. Cromer (2001) 24 Cal.4th 889, the witness was cooperative at the preliminary hearing, but disappeared two weeks after the hearing. (Cromer, supra, 24 Cal.4th at p. 903.) Although aware of the disappearance, the prosecution did not attempt to locate the witness until six months later, on the eve of the trial, and responded slowly (and unsuccessfully) to information that the witness might be living with his mother at a known address. (Id. at pp. 903-904.) The Supreme Court concluded that the prosecution had failed to establish due diligence. (Id. at p. 903)