"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
Hi Bill - "staleness" is basically what the California judge said in the
portion of trial that I saw. She said, conforming to your post, that
even if it qualified for admissibility under the 'state of mind'
exception to hearsay, it was too long before the murder. I guess great
minds work in similar ways; thanks for the post. :) LDMF.
----------------------William J. Foristal wrote:-----------------------
>
> [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.
> >> > >> >
> >> > >> >
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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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