[EMAIL PROTECTED] (William J. Foristal) writes:
HI Linda,
I'm sure Kathy can answer this for sure, but my recollection is that the
prosecution argued that it was admissable to show the state of mind of
Nicole rather than a statement of proof. But I think Ito ruled against
the prosecution on this because the entries were written so long before
the murders. But I could be wrong on this.
Bill
On Wed, 11 Mar 1998 12:07:02 -0800 "Dr.L.D.Misek-Falkoff"
<[EMAIL PROTECTED]> writes:
>"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
>
>
>Jackie - yes. Do you recall, I do not, what ever happened with Nicole
>Simpson's diary? Some of these issues were involved, with,
>additionally,
>the fact that she could not give permission. Does anyone recall those
>discussions - Bill, I have a feeling you might know if they did admit
>those diary entries, perhaps as present sense impression exceptions to
>hearsay, or another exception? I eagerly await posts on this. :)
>LDMF.
>----------------------Jackie Fellows
>wrote:----------------------------
>>
>> Jackie Fellows <[EMAIL PROTECTED]> writes:
>>
>> Hi Bill and Dr. L
>>
>> Here I go again--off the wall questions about things. It just
>occurred to me
>> that if evidence such as diaries, computer files, etc. are
>admissible as
>> evidence than is that going to affect one of the counseling tools
>that are
>> often used to assist clients in coming to terms with their anger,
>past abuse
>> issues, etc. Journaling, writing poetry or stories is a very
>effective and
>> popular therapy tool. However, if courts are going to allow this
>type of
>> material to enter as evidence--then what?? Just a thought.
>>
>> jackief
>>
>> William J. Foristal wrote:
>>
>> > [EMAIL PROTECTED] (William J. Foristal) writes:
>> >
>> > Hello Doctor,
>> >
>> > I know exactly what you mean. It's like reading a book and not
>wanting
>> > to look ahead to how the plot is resolved. You could always find
>the
>> > answer on the net somewhere, I'm sure, but it's probably more fun
>waiting
>> > to see how they covered it. I'm assuming this is on Court TV?
>> >
>> > Bill
>> >
>> > On Tue, 10 Mar 1998 14:51:57 -0800 "Dr.L.D.Misek-Falkoff"
>> > <[EMAIL PROTECTED]> writes:
>> > >"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.
>> > >> >
>> > >> >
>> > >> >Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
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>> > >> >
>> > >>
>> > >>
>> >
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>> --
>> In the sociology room the children learn
>> that even dreams are colored by your perspective
>>
>> I toss and turn all night. Theresa Burns, "The Sociology Room"
>>
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