not.
MR. LOCKE: Did I have anything to do with that charge?
MR. HERNANDEZ: No, you did not.
MR. LOCKE: Let me ask you honestly. Do you know whatever happened to that charge?
*715 MR. HERNANDEZ: Honestly, I don't know.
MR. LOCKE: Then why are you sitting here telling him that somebody made a deal? Are you that scared?
MR. HERNANDEZ: Yes, I am.
MR. LOCKE: Then tell them that, that you're that scared.
MR. HERNANDEZ: I'm frightened.[377]
Locke indicated that he had no further questions of Hernandez and successfully moved to introduce the disclosure letter into evidence.[378]
On recross-examination, Gandara renewed his attempts to impeach Hernandez:
MR. GANDARA: And there was a motion to revoke your probation that was dismissed, right?
MR. HERNANDEZ: Yes, sir.
MR. GANDARA: Correct?
MR. HERNANDEZ: Yes, sir.
MR. GANDARA: Okay. And you're going to be taken care of, as far as your probation is concerned, after this trial is over, right?
MR. HERNANDEZ: Yes, sir.
MR. GANDARA: And they're not going to revoke you, right?
MR. HERNANDEZ: No, sir.
MR. GANDARA: They're just going to put you on straight probation, right?
MR. HERNANDEZ: Yes, sir.
MR. GANDARA: And they're not even going to bring up the fact that you got arrested for possession of heroin, are they?
MR. HERNANDEZ: Excuse me?
MR. GANDARA: They're not even going to bring up the fact that you got arrested for possession of heroin, are they?
MR. HERNANDEZ: I don't understand your question.
MR. GANDARA: Are they going to file charges against you for possession of heroin? What -
MR. HERNANDEZ: No, they're not.
MR. GANDARA: happened to those charges? Where did they go?
MR. HERNANDEZ: I don't know what happened to them.
*716 MR. GANDARA: You don't know? They just went away?
MR. HERNANDEZ: No, they did not go away.
MR. GANDARA: They were pending all the time that you were out, and they've been dropped so that you could come testify, haven't they?
MR. HERNANDEZ: No, that was not the case.
MR. GANDARA: Do you remember telling your lawyer Donna Snyder that -
MR. LOCKE: You know, that's hearsay. Let's bring her in.
THE COURT: Hold on. Mr. Locke.
MR. GANDARA: He's already admitted -
THE COURT: It's a prior inconsistent statement. Once he admits it, there's no need to bring in Ms. Snyder.
MR. GANDARA: You've already admitted to us that you've told her this?
MR. LOCKE: This has been asked and answered.
THE COURT: Sustained.
MR. LOCKE: This is a preface to another question.
MR. GANDARA: You told her you had a deal. You admitted to us that you told your lawyer you had a deal, right?
MR. HERNANDEZ: What I told her is that when I would come, that I would not get arrested. That's what I told her. And I wanted advice whether I should come or not because I was unsure about getting arrested.
MR. GANDARA: And you've also told us that you were instructed not to say that anybody was going to cut