Damning Info in AA?
@NWLady sbm for focus bbm
Is any AA info "damning?" IDK, but court's ruling stated some AA info would/will be inadmissible at trial. True, even if that info seems "pertinent" in a common, every day sense to us in assessing a defendant's guilt or innocence. IOW, "damning" info is not necessarily admissible at trial per CO Rules of Evidence.
One example: the PP home sellers' stmt of
opinion (
Yes, we think BM could have killed SM, my loose paraphrasing) strikes me as likely inadmissible-at-trial, in both guilt & penalty phases.
Second, another type of AA info the defense is likely to challenge is various
stmts, which several ppl told LE that
SM made to them. At trial, defense may/will object to these second hand stmts on grounds of
hearsay.* Imo, some of those stmts will be excluded, but prosecutor may overcome the defense's objection by shoe-horning SM's stmts into
hearsay exceptions in CO. Rule 803** or 804.***
Just speaking generally. my2ct
_____________________________
* Colo. R. Evid. 801, definitions.
"(c) Hearsay. "Hearsay" is a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." bbm
Rule 801 - Definitions, Colo. R. Evid. 801 | Casetext Search + Citator
Rule 803 - Hearsay Exceptions: Availability of Declarant Immaterial [20 plus exceptions]
Rule 803 - Hearsay Exceptions: Availability of Declarant Immaterial, Colo. R. Evid. 803 | Casetext Search + Citator
Rule 804 - Hearsay Exceptions: Declarant Unavailable [more exceptions]
Rule 804 - Hearsay Exceptions: Declarant Unavailable, Colo. R. Evid. 804 | Casetext Search + Citator