Section 11.10 Use of Extrinsic Evidence to Impeach

• Library: Evidence 2017

B. (§11.10) Use of Extrinsic Evidence to Impeach

There has been some confusion as to whether extrinsic evidence is admissible to impeach a witness. Courts have held that extrinsic evidence is admissible to impeach a witness by showing the witness’s:

· inability to perceive the events he or she claims to have observed, State v. Caston, 509 S.W.2d 39, 41 (Mo. 1974);

· prior convictions, State v. Cleveland, 583 S.W.2d 263, 266 (Mo. App. W.D. 1979); or

· bias, prejudice, or interest in the proceedings, State v. Johnson, 700 S.W.2d 815, 817–18 (Mo. banc 1985),

regardless of whether the subject of the extrinsic evidence is independently material to the case.

In contrast, when impeaching a witness based on prior inconsistent statements or the witness’s character for truthfulness or veracity, extrinsic evidence was usually not admissible if the extrinsic evidence was “collateral” to the substantive issues at trial. State v.Carothers, 710 S.W.2d 371, 372–73 (Mo. App. E.D. 1986). The defendant’s answer denying the conduct is binding on the State and precludes further inquiry or extrinsic proof. State v. Clayburne, 592 S.W.2d 282, 284 (Mo. App. E.D. 1979). Thus, if the witness denied the prior statement, or the specific instance of conduct related to truthfulness, the witness could only be...