CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Adoptive Admissions (Crim.)
.........Stmt. Need Not Be Clearly Accusatory
3 Cards On This Topic:

Accusatory statement need not be clearly accusatory to warrant admission of D's silence as adoptive admission.

For adoptive admission, evidence need only support reasonable inference that accusatory statement made under circumstances affording fair opportunity to deny accusation.

Statements which are not accusatory on face may still be adoptive admissions if essence is to accuse D of being present when crime committed.