People v. Whalen

I respectfully dissent. I disagree with the majority’s opinion regarding the admissibility of the preliminary examination impeachment testimony of the defendant’s wife.

At the preliminary examination, Ms. Whalen, *746then the defendant’s girlfriend, testified that she had not previously discussed with the defendant anything about the incident in question. Following this response, the prosecutor showed Ms. Whalen two pieces of paper marked "Witness Statement”. He then asked her to read from that document a particular question and answer. The witness refused to read it, stating that she knew what it…