I can’t wrap my head around the judge not allowing LK’s texts and SM posts, but is allowing texts that MB sent? How is that even possible? Isn’t that key in the defense?
Remembering that the witnesses called so far can only testify to things Lauren said or did to them, and if they’re to them and don’t involve Barisone, they’re not relevant.
Texts Barisone is sending to the witness are relevant because they are relevant to the defendant’s thoughts and perceptions and are generally admissible under 803, present sense exception to hearsay.
Example: when MHG said Barisone was aware of social media posts made by LK. Judge directly asked her how she knew that. When she responded that they had viewed them together, eg she had personal knowledge of him seeing them, they were allowed.
My guess would be training/policy. They’re probably trained to always wear gloves when handling evidence. If the officers always wear gloves any time they handle evidence, there’s less likelihood that they will accidently touch anything with their bare hands before it has been fully processed.
Now that it has gone to trial, the items should have been fully processed and all evidence collected, which is why no one is too concerned about the witnesses handling items now. But it’s generally best practice for officers to stick to the hard-and-fast rule that they don’t touch evidence without gloves at any point.
The prosecutor even put on gloves himself at one point when he was helping with the evidence. But then I think he did not do that today when he was holding up stuff for RC.
Because unless they personally witnessed it, and even if they did, they can only testify about THEIR feelings or perceptions.
My guess is Justin Hardin had more to say and the prosecution avoided it. Since they didn’t bring it in, it can’t be accessed on cross examination since the defense is not presenting evidence or their case. There will be another opportunity if they recall any witnesses.
Her name was listed at the bottom of the screen the whole time she was testifying as MB’s girlfriend. I get that maybe there are space/lettering constraints there, but Nancy Jaffer’s article refers to her as his girlfriend; it would be really simple for her to point out that she was his “then girlfriend” or “girlfriend at the time” but she didn’t.
I really would not want anyone who doesn’t have any of the background information to think that I was MB’s current girlfriend. I personally feel that it is disrespectful to her and her fiancé; no one else is required to agree with me.