Friday, June 10, 2011

Sensational Story of the Day, Not Invloving Weiner, or Palin. Liz Edwards Testifies From the Grave. Maybe.

I did not even read all the way a single article on this . . . development. But I just read her wiki art. and a news article on the part/related issue my own brain latched on to.

I did read a thread over on Althouse's blog where she casts doubt on the admissibility as hearsay of such a tape. And that might be true. But my mind (since I have spent so much time reviewing lit docs for privilege) went to Spousal Privilege as the bar to admissibility.

Now if we were to refer to the story of the three little pigs, the Spousal Privilege would be the house of bricks. The hearsay rule? Not so much. Straw, or twigs, at best. But even if some of the minions there are lawyers, none went there. What the fuck?

And yes I checked. Seems they never actually got divorced.

Not Divorced!

So that sorta throws a big complication up against getting that tape before a jury. But in order to cover my ass, there is a chance she learned something that is probative on the criminal charges independent of the marital relationship, like did she ever have a conversation with the other woman? How about some staffers? In that case the hearsay rule would be the only real defense against the evidence. But hey. She was a good lawyer in her own right in her own day. So assume she was sneaky. She could have conducted her own discovery. So we will see, maybe.

Novel theories of crime are ripe for motions to dismiss. And if you get the dismissal, you can have access to all the prosecutions theories of the case and the evidence, and even if you lose at the appellate court, that means you can go to trial as the defendant in an even better position to rip holes in the prosecution's case. And I know the defense is going to play that move.

Oh. And this has been a very stupid week. And some of the most stupid shit I have seen, not only this week but this decade, was the remarks on Althouse's thread where people were arguing that John Edwards could have killed Liz, caused the cancer to kill her. What a bunch of fucking useless fucking idiots.

Cancer is caused by viruses, and genetics, and environmental factors that break down tissues and cells, you stupid assholes.

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