"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
Hi Bill - turns out that it is a January 1997 trial. Don't you love it
when they raise a question, and if you have the time you can (that is,
one can, since you yourself are probably not hooked) wait around three
days to hear the matter come up again. I may never know if in
California v. Bray and Ayers or Akers the computer files, like diaries,
did come in or not (as 'state of mind' exception to hearsay, for
example). The consolation is that whatever way the judge rules (here
regarding possible plans to commit murder), it is interesting to hear
the sides argued. Thx for the post! :-) LDMF.
---------------------William J. Foristal wrote:----------------------
>
> [EMAIL PROTECTED] (William J. Foristal) writes:
>
> Hello Doctor,
>
> I would think it would be identical to a tape recorded statement. Even
> if someone makes the tape and never plays if for anyone I would think it
> could be offered as evidence if it met the other criteria. Let us know
> what the judge rules.
>
> Bill
>
> On Tue, 10 Mar 1998 13:31:08 -0800 "Dr.L.D.Misek-Falkoff"
> <[EMAIL PROTECTED]> writes:
> >"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
> >
> >
> >Is anyone watching the Court-tiv 'Murdered Mom' (Ayers trial) where
> >they
> >are arguing to a judge that what is input to a computer is not a
> >statement unless and until published to someone? The judge is saying
> >that a statement is justan oral or written expression sop computer
> >files
> >are admissible. Lawyer is arguing that its just a thought process,
> >when
> >someone types into a computer, unless and until it is published.
> >Overall
> >context is whether its a statement and under the evidence code can be
> >admitted. Judge hasn't ruled yet (defense is saying its hearsay, if
> >it
> >is a statement at all). :) LDMF
> >
> >PS: commentator says its like a diary, not intended to be read but can
> >be used against someone.
> >
> >
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> >
>
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