Found Deceased TX - Alexis Sharkey, 26, Houston, 27 Nov 2020 #2 *suspect commits suicide*

[Seattle1]

Anyone know anything about hearsay law? and domestic violence exceptions, especially in Texas? @gitana1

I’m wondering if prosecutors would have trouble getting in testimony from a friend about what AS told her prior to her death.

I still think there must be a lot of other evidence in this day and age (cameras, phones, gps etc), but wondering about that piece.

Good examples, specifically for Texas, at the link below:

What Is Hearsay Evidence? Examples, Rule Exceptions – Texas Criminal Attorneys Taking Care of Texas Blawg

 

[Peppery]

Anyone know anything about hearsay law? and domestic violence exceptions, especially in Texas? @gitana1

I’m wondering if prosecutors would have trouble getting in testimony from a friend about what AS told her prior to her death.

I still think there must be a lot of other evidence in this day and age (cameras, phones, gps etc), but wondering about that piece.

I have hope that Alexis communicated via text with this friend or others about her fears and DV experience after they returned from Mexico. The texts could be corroborated with the cell provider and used as evidence in a trial.

 

[al66pine]

Friends' Repeating AS's Stmts, Admissible in Evd?

... hearsay law? and domestic violence exceptions, especially in Texas?... testimony from a friend about what AS told her ....

@MoeInVA bbm snipped for focus
@Seattle1 (TYVM) posted very good link re TX Rules of Evidence (801 - 807)* on Hearsay. What Is Hearsay Evidence? Examples, Rule Exceptions – Texas Criminal Attorneys Taking Care of Texas Blawg

'Plain language' info re hearsay rule, rationale, non-hearsay stmts, exceptions to hearsay rule, and common misconceptions is at link. ** The Misconceptions section gives good examples about whether a stmt is or is not hearsay and whether is may be admissible under one on the hearsay exceptions.
_________________________________
*TEXAS Rules of Evd, Hearsay. https://www.txcourts.gov/media/921665/tx-rules-of-evidence.pdf
FED Rules of Evd, Hearsay. Article VIII - Hearsay | 2021 Federal Rules of Evidence
** Plain language explanations. Hearsay in United States law - Wikipedia

 

[gitana1]

Anyone know anything about hearsay law? and domestic violence exceptions, especially in Texas? @gitana1

I’m wondering if prosecutors would have trouble getting in testimony from a friend about what AS told her prior to her death.

I still think there must be a lot of other evidence in this day and age (cameras, phones, gps etc), but wondering about that piece.

Here’s one link:

RULE 803. Exceptions to the Rule Against Hearsay—Regardless of Whether the Declarant Is Available as a Witness

 

[gitana1]

Anyone know anything about hearsay law? and domestic violence exceptions, especially in Texas? @gitana1

I’m wondering if prosecutors would have trouble getting in testimony from a friend about what AS told her prior to her death.

I still think there must be a lot of other evidence in this day and age (cameras, phones, gps etc), but wondering about that piece.

Here’s a link to Rule 804 as well.

https://www.txcourts.gov/media/921665/tx-rules-of-evidence.pdf

 

[gitana1]

Anyone know anything about hearsay law? and domestic violence exceptions, especially in Texas? @gitana1

I’m wondering if prosecutors would have trouble getting in testimony from a friend about what AS told her prior to her death.

I still think there must be a lot of other evidence in this day and age (cameras, phones, gps etc), but wondering about that piece.

What was the statement?

 

[MoeInVA]

What was the statement?

here is the main example:

“Throughout the trip, he was sending really awful, nasty messages to her,” the friend said. “But one night when she and I were talking alone she said, ‘He strangles me and chokes me out and I blackout and wake up on the bathroom floor every single time.’”
‘Incredible Loss’: Instagram Influencer Found Dead Along Houston Road

 

[gitana1]

here is the main example:

“Throughout the trip, he was sending really awful, nasty messages to her,” the friend said. “But one night when she and I were talking alone she said, ‘He strangles me and chokes me out and I blackout and wake up on the bathroom floor every single time.’”
‘Incredible Loss’: Instagram Influencer Found Dead Along Houston Road

That could be considered an excited utterance if she said it in the heat of passion or fear.

But it doesn’t seem to meet any of the exceptions.

What’s the status of the case. An arrest?

 

[crhedBngr]

That could be considered an excited utterance if she said it in the heat of passion or fear.

But it doesn’t seem to meet any of the exceptions.

What’s the status of the case. An arrest?

Not yet.

JMVHO.

 

[Seattle1]

That could be considered an excited utterance if she said it in the heat of passion or fear.

But it doesn’t seem to meet any of the exceptions.

What’s the status of the case. An arrest?

Thanks, @gitana1.

I can't imagine anything said during an alleged girls weekend of fun and drink meeting any of the exceptions. From the start, there's no way to prove AS physical state when the alleged statement(s) were made.

MOO

 

[Orso49]

Isn't there any evidence on video of the car dropping off Alexis' body?

 

[kittythehare]

Isn't there any evidence on video of the car dropping off Alexis' body?

There may be but that information has not been disclosed by LE

 

[MoeInVA]

Thanks, @gitana1.

I can't imagine anything said during an alleged girls weekend of fun and drink meeting any of the exceptions. From the start, there's no way to prove AS physical state when the alleged statement(s) were made.

MOO

Agreed. Thanks, @gitana1! As others were making strong points about how LE needs time to build a strong case, I was thinking that some of the evidence that in my mind seems like a slam dunk in these cases actually cannot even be introduced in trial sometimes. I’m learning that building a case that sticks can be a lot more complicated than say building a convincing a Dateline episode. This is a perfect example of that IMO.

 

[al66pine]

Friend Repeating AS's Stmts. Hearsay? Admissible at Trial?
From @MoeInVA post 487, w link: AS friend said: "But one night when she and I were talking alone she said, ‘He strangles me and chokes me out and I blackout and wake up on the bathroom floor every single time.’”
‘Incredible Loss’: Instagram Influencer Found Dead Along Houston Road

That could be considered an excited utterance if she said it in the heat of passion or fear. But it doesn’t seem to meet any of the exceptions....

@gitana1 Thanks for your response. Agreeing w you that ^ stmt does not seem to qualify as a hearsay exception.

Friend said, at time she & AS "were talking alone" when AS said she was strangled & choked multiple times. Past tense. Altho understandably AS might be uneasy about TS generally, does not seem imo she was still under "stress of excitement of prior event or condition"* (strangling, choking). An emotional stmt on an emotional subject, yes, but imo doubtful that stmt meets Excited Utterance* hearsay exception.
OTOH, let's say, hypothetically, the friend said, "When I was talking on the phone w AS, she told me she was at her apt, & suddenly screamed, "Oh my God, TS has a gun against my head." Or has a knife to throat. Present tense. Imo that stmt would qualify as Excited Utterance exception to hearsay rule, allowing friend to repeat AS's stmt at trial. my2ct.

Welcoming comment, clarification, correction, esp'ly from our legal professionals.
____________________________________________
* "Rule 803. Exceptions to the Rule Against Hearsay...
"(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused."
https://www.txcourts.gov/media/921665/tx-rules-of-evidence.pdf

 

[al66pine]

'Slam Dunk' Cases & Rules of Evidence

.... I was thinking that some of the evidence that in my mind seems like a slam dunk in these cases actually cannot even be introduced in trial sometimes...

@MoeInVA snipped for focus bbm
True, there have been countless homicides where the decedent confided in friend 100 times - If I end up dead, tell LE my spouse (GF, BF, S/O, fiance, fiancee, STBX, ex-spouse) did it. All fine and good, after death for friend to tell LE about this.

Friend may be eager to testify at trial about dozens of times decedent said
Spouse is gonna kill me. But often inadmissible, because of fed & st courts'
Rules of Evidence, including Hearsay Rules, ensuring parties' rights at trial.

Under US Constitution, Sixth Amendment's Confrontation Clause,* even the
terrible, horrible, no good, very bad spouses (or others) being tried for homicide have the right to cross examine witnesses.
____________________________________
* Right to confront witness)
Confrontation Clause - Wikipedia

 

[Lusitana]

This case sort of reminds me of Monica Moyan’s case. It took a long time to arrest the father of her children and his ex wife, but they eventually got arrested.

 

[BigTexas]

I know this is from December...
Instagram influener Alexis Sharkey looked like she ‘just got out of the tub’ when her body was found in Houston

So the guy that found her stated that she was clean (like she had just gotten out of the tub) and in a fetal position (like someone had placed her there, not thrown out). Also, Alexis had no obvious wounds. Seems like these facts are very telling. What do yall make of it? MOO

 

[Seattle1]

I know this is from December...
Instagram influener Alexis Sharkey looked like she ‘just got out of the tub’ when her body was found in Houston

So the guy that found her stated that she was clean (like she had just gotten out of the tub) and in a fetal position (like someone had placed her there, not thrown out). Also, Alexis had no obvious wounds. Seems like these facts are very telling. What do yall make of it? MOO

Didn't Drew Peterson strangle one of his wives in a tub?
AS allegedly told a friend that she'd wake up past out on the bathroom floor --after being choked by her husband.

‘Incredible Loss’: Instagram Influencer Found Dead Along Houston Road

 

[Gemmie]

Didn't Drew Peterson strangle one of his wives in a tub?
AS allegedly told a friend that she'd wake up past out on the bathroom floor --after being choked by her husband.

‘Incredible Loss’: Instagram Influencer Found Dead Along Houston Road

One thing to add to that is she allegedly told the friend she'd wake up on the bathroom floor every single time he choked her out. I had to add that because to me it's telling. I've brought this up before in this thread that I felt like it was a control thing IF this was indeed happening as her friend alleges.

He'd allegedly choke her (I'm thinking in rooms other than just the bathroom) and then could have brought her there to come to in the most demeaning room of the house. Because a person could either leave the victim where the mood struck for the choke out, or carried them to a more comfortable place like the bed or couch. All MOO.

 

[Gemmie]

Didn't Drew Peterson strangle one of his wives in a tub?
AS allegedly told a friend that she'd wake up past out on the bathroom floor --after being choked by her husband.

‘Incredible Loss’: Instagram Influencer Found Dead Along Houston Road

that would be correct.

Peterson's third wife, Kathleen Savio, was found dead in her bathtub in 2004, and her death was initially ruled an accident. However, after Peterson's fourth wife, Stacy Peterson, disappeared without a trace in 2007, police exhumed Savio's body and reexamined it, changing their finding to homicide.