People v. Jones, 207 Cal. App. 4th 1392

Jones convicted of criminal threat, grand theft from a person, and simple assault (Pen. Code §§ 422, 487, 240).
Durden, defendant’s girlfriend, was the key witness whose testimony the prosecution sought to support via hearsay statements.
Defendant allegedly choked Durden in 2009; Durden later stated fear and uncooperativeness with prosecutors.
In 2010 Breland testified about a separate choking incident and threats by defendant; Breland reported fear for her life.
Durden was subpoenaed to appear; a body attachment with $75,000 bail was issued after she failed to appear.
Detective Parente obtained and played recordings of 12 jailhouse calls between defendant and Durden, which included threats to deter Durden from testifying.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether forfeiture by wrongdoing extends to non-murder witness intimidation	People argues doctrine applies to any wrongdoing causing unavailability	Jones argues doctrine limited to murdered victims	Yes; doctrine applies to non-murder witness unavailability
Whether Durden’s statements were testimonial under Davis and Crawford	Durden's statements were made during a police interrogation for evidence	Statements were not made under ongoing emergency; testimonial	Durden’s statements admitted as forfeiture by wrongdoing; proper testimonial characterization supported

Crawford v. Washington, 541 U.S. 36 (U.S. (2004)) (confrontation clause; testimonial statements require opportunity for cross-examination)
Davis v. Washington, 547 U.S. 813 (U.S. (2006)) (distinguishes testimonial vs. nontestimonial statements)
Giles v. California, 554 U.S. 353 (U.S. (2008)) (forfeiture by wrongdoing extends to those who procure witness unavailability)
People v. Giles, 40 Cal.4th 833 (Cal. 2007) (California application of forfeiture by wrongdoing (unavailability caused by defendant's acts))
Reynolds v. United States, 98 U.S. 145 (U.S. (1878)) (early forfeiture reasoning for witness unavailability)