Johnny Football and the Rule Against Hearsay – Sherman & Plano, TX Criminal Defense Lawyer (Part 4)

Football2.jpgThe prosecutor, frustrated that an extra trial might interfere with his upcoming vacation plans, digs through the rules to somehow admit this evidence without allowing Mr. Manziel to force a separate trial. The judge, having similar vacation plans and not wanting to spend county resources empaneling another jury, looks at him. “Any other exception, Mr. Prosecutor?”

The prosecutor says “crap” to himself, which brings back “KRAP” from his bar review, which stood for something. He hurriedly looks to see if the statement and the purported video he desires to play can come in. The witness previously told him he had a video of Johnny Manziel signing autographs, and he fingers through the rule to the 803(6), the business records exception which reads: “[a] memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by affidavit that complies with Rule 902(10), unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. ‘Business’ as used in this paragraph includes any and every kind of regular organized activity whether conducted for profit or not.” Well, that might work for the video, as autograph brokers keep videos to prove the authenticity of the autograph, but that doesn’t help him with the statements of the broker to the reporter.

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