Not to be published in the official reports


II. Pineda’s Preliminary Hearing Testimony



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II. Pineda’s Preliminary Hearing Testimony

The prosecution’s evidence at trial included defendant’s videotaped statements and Pineda’s preliminary hearing testimony.9 Pineda testified at the preliminary hearing as follows:

Pineda knew both Tonito (Melgar) and defendant (whom he identified in court at the preliminary hearing) for 20 years. Pineda saw defendant’s son “Jovanni” (Giovanni) “every now and then.”

On the night of the killing, Pineda drank four beers and some vodka before he fell asleep on the sidewalk near Beverly and Coronado. He woke up when Melgar arrived and asked for a blanket. He gave Melgar a blanket and they both went to sleep near a man named Sarco.

During the night, defendant came by with Giovanni and a third person. Defendant told Giovanni that Melgar was the “son of a bitch” or “puto that hit me, kill him.” After defendant and Giovanni “hit [Melgar] in the head” and gave Melgar “a couple kicks,” defendant told Giovanni to “hit him with the block.” Giovanni hit Melgar with a “block of cement” and said, “Why did you hit my mother? I’m going to kill you[.]” Giovanni was going to hit Pineda but defendant “told him not to.”

Later that day, Pineda spoke with defendant near the recycling center on Temple and Coronado. Defendant threatened to have “her buddies” “come after” Pineda because he had seen “what happened.” Defendant warned Pineda “not to talk” to the police.


DISCUSSION
On appeal, defendant challenges the trial court’s denials of her (1) motion to suppress her videotaped statements, and (2) request for a voluntary manslaughter instruction. Additional facts relevant to her contentions are discussed below.



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