People v. Santiago

2003 WL 21507176 Supreme Court of New York County

Facts

Angela and D lived together for many years. She was believed to be suffering from Battered Women’s Syndrome. Just prior to trial, Angela declared she no longer wanted to press charges against D. She stated that if pressed to testify she would say that all her prior statements to authorities and the court were lies. The People (P) moved for an order permitting them to use Angela’s Grand Jury testimony and her other out of court statements during presentation of their case against D. D opposed this motion arguing that Angela was available to testify and that her credibility was a matter for the jury to determine and that his only conversations with Angela where loving and kind.