P. v. Williams
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Filed 11/1/02 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, B152020 (Los Angeles County Super. Ct. No. MA021318) v. GIOVANNI CHRISTOPHER WILLIAMS, ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on October 8, 2002, be modified as follows: (1) On page 2, second paragraph, second sentence, replace the last phrase of the sentence so he could hear the witness and communicate with his counsel with so he could hear the witness s testimony such that the sentence now reads as follows: The videotape played for the jury was recorded while the witness was in the courtroom and examined and cross-examined by counsel, and while appellant was in a detention cell wired so he could hear the witness s testimony. (2) On page 12, third paragraph, delete the third sentence and replace with the following sentence: Defense counsel was able to go to the detention cell and confer with appellant before ending his cross-examination. (3) On page 14, line 5, delete the quotation marks around the word impossible so the sentence reads as follows: The court was properly concerned for the well-being of Dawn after hearing testimony from her treating psychotherapist and physician that it was impossible for her to testify in the presence of appellant without suffering dangerous ill effects, both mental and physical. (4) On page 14, second full paragraph, second sentence, insert the word certain before the word prior so that sentence reads as follows: The public policy of protecting abuse victims and making their testimony or statements available to the trier of fact is manifested in Evidence Code section 1370, which allows certain prior statements of abuse victims to be admitted into evidence when the victim is unavailable under Evidence Code section 240. (5) Page 16, footnote 3, last sentence, insert the word as before the word given the first time it appears in the sentence, so the sentence reads as follows: It is to be treated the same as any other testimony as given by any other witness given in court. This modification does not effect a change in judgment. Appellant s Petition for Rehearing is denied. 2
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