context: However, we agree with Nofoa that in relation to the third factor, he was denied the opportunity for meaningful cross-examination because he did not have access to relevant discovery materials that would have assisted in the cross-examination of CW. We have recognized that access to witness statements may be relevant to determine whether the opportunity for cross-examination at a preliminary hearing was sufficient.
citation_a.signal: see
citation_a.identifier: 675 P.2d 775, 775
citation_a.parenthetical: "Normally, a cross-examination cannot be full and thorough unless counsel is permitted access to the witness' [sic] previous statements on the matters on which the witness is testifying ...."
citation_a.sentence: See Toledo, 67 Haw. at 22, 675 P.2d at 775 (“Normally, a cross-examination cannot be full and thorough unless counsel is permitted access to the witness’ [sic] previous statements on the matters on which the witness is testifying ....”); see also Torres, 357 Ill.Dec. 18, 962 N.E.2d at 933 (noting defense counsel at the preliminary hearing was “not privy” to certain statements given by the witness to support holding that preliminary hearing testimony was inadmissible at trial). Here, at the preliminary hearing, the only materials in Nofoa’s counsel’s possession were the JDPC and the complaint.
citation_b.signal: see also
citation_b.parenthetical: noting defense counsel at the preliminary hearing was "not privy" to certain statements given by the witness to support holding that preliminary hearing testimony was inadmissible at trial
citation_b.sentence: See Toledo, 67 Haw. at 22, 675 P.2d at 775 (“Normally, a cross-examination cannot be full and thorough unless counsel is permitted access to the witness’ [sic] previous statements on the matters on which the witness is testifying ....”); see also Torres, 357 Ill.Dec. 18, 962 N.E.2d at 933 (noting defense counsel at the preliminary hearing was “not privy” to certain statements given by the witness to support holding that preliminary hearing testimony was inadmissible at trial). Here, at the preliminary hearing, the only materials in Nofoa’s counsel’s possession were the JDPC and the complaint.