BILL NUMBER: SB 1589
VETOED DATE: 09/28/2008
To the Members of the California State Senate:
I am returning Senate Bill 1589 without my signature.
Since a wrongful conviction can exact a devastating toll on the
accused and their families, every worthwhile effort should be made to
avoid their occurrence. Because this bill would not reduce the
number of wrongful convictions, I am unable to support it.
In-custody informant testimony is disfavored and therefore rarely
used. When such testimony is necessary, current rules of evidence
provide adequate safeguards against its misuse. The evaluation of
the credibility of a witness has always been uniquely within the
province of the jury. This bill would usurp the juries' function by
fixing in statute a rule that all in-custody informants have lied
before the fact.
For these reasons, I am unable to sign this bill.
Sincerely,
Arnold Schwarzenegger