Can a witness be excused from testifying in front of me at a probation revocation hearing?

Witnesses may not be required to testify in front of you if they are deemed fearful or confidential.[862]

    “Fearful witnesses” are witnesses whose identity is known to you but who: (1) have indicated that they are at a risk of harm if they testify in your presence; or (2) have requested that their contact information be withheld from you. Testimony of a fearful witness can be taken outside the parolee’s presence, but the parolee’s attorney must be present.
    “Confidential witnesses” are witnesses whose identity you are unaware of and who would be at a risk of harm if their identity were disclosed.[863] However, if confidential information is used as part of the reason you’re charged with violating probation, you can request that the prosecutor disclose (reveal) this information or prove that revealing this information would create a risk of harm to the confidential witness.[864]
  1. 862

    The hearing officer may exempt a confidential informant from “confrontation and cross-examination.” Morrissey, 408 U.S. 471, 487 (1972) (stating that, “[h]owever, if the hearing officer determines that an informant would be subjected to risk of harm if his identity were disclosed, he need not be subjected to confrontation and cross-examination”). ↑

  2. 863

    See United States v. Comito (9th Cir. 1999) 177 F.3d 1166; In re Melendez (1974) 37 Cal. App. 3d 967, 973; In re Prewitt (1972) 8 Cal.3d 470, 477-78. But see People v. Stanphill (2009) 170 Cal. App. 4th 61 (no need for balancing test where statement meets hearsay exception as “spontaneous statement”). ↑

  3. 864

    See In re Prewitt, 8 Cal.3d 470, 478 (1972); In re Love, 11 Cal.3d 179 (1974) (due process violation in failure to disclose contents of “confidential” report where disclosure would not endanger any informant). ↑