WPIC 5.11 Soliciting False Evidence or Suppression of Evidence—Third Person

As explained in the Comment to WPIC 5.10 (Soliciting False Evidence or Suppression of Evidence—Defendant), the defendant's attempt to prevent a witness from testifying, or engaging in similar acts to suppress evidence, may be admissible to demonstrate consciousness of guilt. If a third person has done so on the defendant's behalf, however, the evidence is admissible only if the State shows that the third person was acting at the defendant's request, or with the defendant's knowledge and consent. See generally, Tegland, 5 Washington Practice, Evidence Law and Practice § 402.4 (6th ed.) As with WPIC 5.10 (Soliciting False Evidence or Suppression of Evidence—Defendant), the WPI Committee recommends that no instruction be given on this subject because it tends to single out or emphasize certain evidence.