SoCalSleuth
Verified Expert
- Joined
- Sep 4, 2008
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http://www.cfnews13.com/static/artic...ealth-0412.pdf
Well, well, it appears that neither shrink diagnosed KC with any recognized mental health disorders and are basing their opinions solely on statements KC made to them. From a legal standpoint, I can't see how the doctors' testimony would ever be admissible. KC's statements are hearsay (unless she testifies before they do and we know that ain't happening). It also appears that the defense believes the opinions are admissible under the "state of mind" exception to the hearsay rule to explain her actions after Caylee went missing. But that's an improper use of the exception and I doubt it will fly with JP. It would also appear that the DT is trying to get some sort of character evidence admitted improperly so even if KC testified I can't see how the doctors' opinions would be admissible. Just glad they're not using PTSD because that had me screaming angry!! Now, I'm wondering if the motion will be argued in open court on Friday since it's obvious the lawyers were instructed not to mention any specifics just yet.
Well, well, it appears that neither shrink diagnosed KC with any recognized mental health disorders and are basing their opinions solely on statements KC made to them. From a legal standpoint, I can't see how the doctors' testimony would ever be admissible. KC's statements are hearsay (unless she testifies before they do and we know that ain't happening). It also appears that the defense believes the opinions are admissible under the "state of mind" exception to the hearsay rule to explain her actions after Caylee went missing. But that's an improper use of the exception and I doubt it will fly with JP. It would also appear that the DT is trying to get some sort of character evidence admitted improperly so even if KC testified I can't see how the doctors' opinions would be admissible. Just glad they're not using PTSD because that had me screaming angry!! Now, I'm wondering if the motion will be argued in open court on Friday since it's obvious the lawyers were instructed not to mention any specifics just yet.