NO. That's hearsay. What is the exception ? Also not admissible under Evidence Code 352 (more prejudicial than probative).
As I understand, this particular police report contains/includes/recites/has appended a written document by the VICTIM making allegations against the defendant.
Each element of the crime charged must be proven by the prosecutor. The victim can't just spout allegations, by police report, or in person, without proof.
Witnesses must be called at trial to prove each act alleged by the prosecution.
The police report CAN be entered into evidence by stipulation of both parties, but such a hearsay and potentially prejudicial doc shouldn't be entered as ev and considered as fact (neither attorney should stip to that.)
The prosecution has to prove each element of the crime by calling witnesses to prove each fact. You can't just submit a police report to convict someone.
You can discredit a witness on cross if they are testifying differently than they reported to a police officer. But you still have to call the police officer and elicit testimony about what was said by that witness - you can't just submit the police report.
Think about it ---The defendant always has the right of cross-examining the witnesses against him/her. If the prosecutor could just enter the police report into evidence, then how could that defendant cross-examine and question the content for credibility and accuracy?
And think about how unfair that would be, as most people would trust a police officer's statements, even if just recited as stated by someone to the officer.
Everything has to be proven - beyond a reasonable doubt- in a criminal case -- no fair taking short cuts. NO police rports entered into evidence.
