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P1438 The child molestation felony conviction of a cleric who testified at the trial of an action alleging child abuse by a fellow cleric in the same order was admissible to impeach the testifying cleric under Evidence Code section 788 as relating to the witness's character traits of honesty and truthfulness; in addition it was admissible under Evidence Code section 780 to show bias, because a jury could infer that the witness might be inclined to lie for a fellow cleric who was accused of the same offense for which the witness had been convicted; evidence is not sufficiently prejudicial to be excluded under Evidence Code section 352 unless it is likely to evoke an emotional response that has very little to do with the issue on which it is offered; a jury that was instructed to consider the witness's conviction only in evaluating the witness's credibility should be presumed to have followed the instruction.CitationPISCITELLI v SALESIAN SOCIETY (Molesting Clerics) 166 CA4 1 [See: EvC 780, 786-788, 352; Rufo v Simpson 86 CA4 573, T/AT 3/01]
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