Because nobody with firsthand knowledge besides MHG has testified, and nobody can testify to what they heard from someone else.
21 Likes
Do we know if farrier is testifying
3 Likes
Even MHG with first-hand knowledge was not asked. How do we know that the others, RC and JH did not witness first hand what was going on?
2 Likes
I am totally not grasping the concept of the statements that are not allowed because they are hearsay.
If I have a conversation with somebody, I was present for that conversation, so I know what I said and what the other person said. But it sounds like they are not allowing those direct conversations to be admitted as evidence because they’re hearsay? I don’t get it.
I understand that it’s hearsay if John Doe tells me what Jane Doe said outside of my ear shot. But I certainly know what John Doe and I said to each other, because I was a party to our conversation.
Ditto for RC, who was present for the conversation with the lawyer, but was not allowed to say what occurred in that conversation.
5 Likes
If someone says to you “I saw that so and so did such and such” then you can testify that person said that to you, but you cannot testify that said event between so and so actually occurred, because your knowledge of it is based only on the statement of someone else and not your personal knowledge and belief.
Therefore, if the contents of the conversation that RC witnessed between the lawyer and others was about actions that she herself didn’t witness, she can testify that the conversation took place, but nothing discussed is factual from her perspective because she herself did not witness the event or statement being discussed.
16 Likes
The only person who can testify as to what was said is someone who was present. They can talk about things people told them but it has to be presented as such.
MB has to testify himself if he wants to explain how he felt and all that happened with him.
Maybe she wasn’t part of the conversation?
1 Like
Thanks.
1 Like
Taylor has ruled that all of her threatening text messages and SM posts would be considered victim shaming. God knows we wouldn’t want the jury to hear what went on before the shooting. I’m beginning to wonder what Taylor is getting from this. Perhaps he wants another appeal.
Edited to add, Bilinkas has evidence Jonathan Kanarek played an important role in the conspiracy to break MB but Taylor so far as nixed the evidence saying his involvement has nothing to do with the shooting. I reckon 48 Hours will definitely bring it to light!
10 Likes
Generic legal questions.
What happens when an atheist testifies? Do they still have them swear on a Bible?
Also, does the court pay for all the travel costs for the witnesses who came from out of state?
7 Likes
You swear under penalty of perjury, i think. And I’ve never seen anyone ask if the witness was a Christian or not, so yes, unless you affirm you’re not a Christian, you put your hand on the bible. Otherwise you hold up your right hand and swear or affirm, under penalty of perjury, that you’re telling the truth.
6 Likes
I like the fact that the state seal of New Jersey has a horse in it, keeping an eye on things over the judge’s shoulder. Who knew?
11 Likes
not necessarily all costs, but generally travel by the least expensive method is reimbursed, plus a state mandated amount. In my state, it is $6 per day plus 10 cents per mile traveled. In New Jersey, it appears to be $2 per day and $2 for every 30 miles traveled.
In this case they probably had reasonable coach airfare, hotel if they stayed, and a per-diem if they stayed overnight reimbursed by the party who called the witness to testify.
7 Likes
I don’t know how much good that would do MB, depending on how things turn out.
6 Likes
Probably nothing except on appeal, but the American public will eat it up.
5 Likes
Interesting, thanks.
I have to say that $.10 a mile sounds ridiculously low, particularly with the current price of gas these days.
4 Likes
Every state is different. Some pay a higher day rate, plus mileage at the same rate as state employees. Federal per day appearance fee is $40 plus mileage at federal rate plus a per diem at GSA rate.
2 Likes
Again, the American public eating it up might not help him much, depending.
1 Like
Based on the comments I’ve seen posted elsewhere, the court of public opinion seems to feel that MHG’s testimony made Barisone out to be a pretty upstanding guy and they’re not sure why the prosecution called her as she didn’t help their case.
18 Likes
Even if they never reveal the contents, the sheer quantity revealed in the documents that MHG sent to Safe Sport indicate that this was not the average conflict. If I was a juror, I would note that.
17 Likes
