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his credibility. It is not reasonably probable that a result more favorable to
defendant would have been reached if Mae’s testimony had not been admitted as
substantive evidence.
3. Detective Shelton’s Testimony — Alleged Crawford Error
The prosecution presented evidence that the police spoke with a Sav-on
employee, Jennifer Fleming, about whether defendant had called the store’s
pharmacy asking if Mary had picked up a prescription on the day she was killed.
Defendant argues that the officer’s testimony violated defendant’s federal
constitutional right to confrontation under Crawford v. Washington (2004) 541
U.S. 36 (Crawford). Because the officer did not recount what Fleming had told
him, but merely testified that he had spoken to her, there was no admission of an
out-of-court hearsay statement within the meaning of Crawford.
While Mary and Carley were still missing, defendant told Doug Burdick
and Jean Black that Mary planned on running errands, including picking up a
prescription at the Sav-on pharmacy. He told his brother Alan and the police that
he had called Sav-on to find out if Mary had been there to pick up the prescription.
Defendant said he was told that she had not.
To rebut defendant’s claim, the prosecutor called six Sav-on employees
who were working on the morning of April 22, 1999. Four employees (Frank
Lombardo, Mercedes Brand, Juana Longoria, and Sally Swor) testified that they
did not recall whether they received a telephone call from defendant asking if his
wife had picked up a prescription on that day. Lombardo stated that such a
telephone call would have been unusual, and one he would have remembered,
because he did not recall defendant’s wife ever picking up a prescription. Two
other employees (Kevin Rawls and Tina Shaw) testified that they had not received
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