Thursday, February 7, 2013
Lonnie Starr is starring in today’s Featuring feature. Day in and day out, he skins the onion with solid comments that systematically peel back layer after layer of the defendant’s lies destroying his claim of self-defense.
I follow with an explanation of the excited utterance and present sense exceptions to the hearsay rule and a short explanation why the use of doxing and character assassination of Dee Dee constitutes first degree witness tampering, punishable by up to life in prison.
At 8:12 am he wrote the following comment explaining why Dee Dee’s statements are self-authenticating and the defense efforts to access her social media accounts are irrelevant:
The social media accounts of DD are not probative, because she was not physically present in RATL when these events took place, she is only an “ear witness” to what would be hearsay if not for the exceptions to those rules.
As such, I would not allow them to go after her social media material, because it’s only utility is as impeachment material. No amount of impeachment material, that is external to her statements about what she witnessed by ear, can have any fair application. If this witness is to be impeached in any way, shape or form, that impeachment must come from a demonstration that what she is testifying to is either not what occurred or could not have occurred.
This is because, obviously, without having been present and without any knowledge of the paths, roads, houses, their locations and the distances between them, she could not possibly fashion false testimony that could fit the conditions that night, with any precision at all.
MOM needs to climb back into his cave, he’s trying to cover up his own gross stupidity with even more wasteful gross stupidity.
Even if he were to get his hands on her social media materials, and managed to find some kind of impeachment material in them, it would not be allowed in court, because it would not be either relevant or probative. In short, you cannot impeach an account that cannot be falsely fashioned.
Although I think the information in Dee Dee’s social media accounts is discoverable, assuming she has any accounts, I agree with Lonnie’s conclusion that the information is irrelevant and inadmissible.
The defendant, his defense team and his rabidly confused supporters do not seem to understand that information in Dee Dee’s social media accounts, assuming she has any accounts, is unlikely to be admissible at trial.
The rules of evidence do not permit lawyers to attack the credibility of witnesses by throwing mud in their faces to see how much of it sticks. Assuming for the sake of argument that she is everything they claim she is and worse, none of that bad act and bad character evidence will be admissible. It does not matter, for example, if she lied about going to the hospital instead of Trayvon’s funeral. She could have partied naked in a crack house all night long having sex with animals and the defense would not be permitted to mention it.
Whether she was his girlfriend, boyfriend, friend, 5 years old, 100 years old or somewhere in between, is irrelevant.
She could have been a telemarketer trying to sell him a bushel of used rubbers packaged by the Koch brothers and Trayvon nothing more to her than a voice on the phone and she still would be able to testify about the conversation.
How can this be?
The relevancy rule and excited-utterance and present-sense-impression exceptions to the hearsay rule permit her to tell the jury what Trayvon told her about his encounter with the creepy man and what he did to get away from him as well as what Trayvon and the creepy man said to each other and what she heard when the phone went dead.
The reason his statements are admissible is that he was describing an exciting event as it was happening and influencing him. Contemporaneous descriptions of exciting events by witnesses involved in and experiencing those events have long been admissible to prove those events happened as described. Indeed, this is well-settled law. If the defense objects, it will get nothing but a stern and withering glance from Judge Nelson as she says, “Objection overruled.”
The jury will assess Trayvon’s credibility regarding his encounter with the creepy man just as it will assess the credibility of the creepy man’s numerous conflicting and inconsistent statements about that encounter. The jury will look at the rest of the evidence, particularly the physical and forensic evidence as well as the testimonies of the various witnesses to the encounter and the shooting.
It doesn’t take a weatherman to tell which way the wind blows.
As Lonnie points out, Dee Dee was not present during the encounter and did not know anything about the neighborhood. She can only tell the jury what Trayvon told her. She would not have known what to lie about because she was not there. If anything, her statement is frustratingly vague and that ironically enhances her credibility in a manner that a more detailed statement tailored to establish each element of the crime charged would not.
The defense is not likely to persuade the jury that Benjamin Crump told her what to say. Matt Gutman’s (ABC News) recording will no doubt verify that. He would not have been invited to be present and record the conversation, if Crump had any funny business in mind. That recording created a great insurance policy.
As a former criminal defense lawyer and officer of the court, I am extremely offended by the efforts to dox, demonize and intimidate Dee Dee. Pure and simple it’s criminal behavior because it is motivated by a desire to keep her from testifying or to destroy her credibility if she does testify.
Witness intimidation via character assassination by false statement and innuendo is not protected speech under the First Amendment.
Since Dee Dee is a prosecution witness in a second degree murder case, those who seek to assassinate her character with false statements and innuendo are committing the crime of first degree witness intimidation.
I sincerely hope that anyone who attempts to intimidate Dee Dee is prosecuted, convicted and sentenced to a lengthy prison term.
They deserve it.