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Diddy has been arrested.

kesq said:
This gonna be long, so no offense taken if Colin Powell rules are followed.

Look, I'm not trying to be a jerk, but I litigate this shit every day. Every. Goddamn. Day. The system is not a vending machine where you put a coin in, and get the result you deserve. There are more exceptions to the 4th amendment and Miranda than you or I could count, and how they are interpreted is within the sole discretion of the judge. That is why I referred to the bail ruling, because if you can't get a fair shake on bail (which Diddy didn't) you can pretty much expect not to win any close calls on any other issues.

As for anything a defendant says being admissible against him, wake up my brother. Those things are called "admissions" and you can bet your ass that every single one will be admitted, unless you have incontrovertable evidence of torture or the statement being outside of Miranda with no exception. Don't take my word for it. Google the shit. Federal rule of evidence 801.

That said, I am glad you are aware that you do have 4th Amendment rights and Miranda rights. The only proper response to any questions from a cop is

"Am I free to leave?"

If the answer is yes, then leave. If not, shut the fuck up, and we don't have to argue about the "admissions" issue.
Click to expand...

ZuluSam said:
I don't take anything you say as being a jerk...but I was licensed by the State Bar of Texas in 1990 and prosecuted my first year practicing (1991) and have been trying cases every since a baby lawyer, including trying federal criminal cases. I am considered a trial lawyer and the essence of being a trial lawyer is the mastery of evidence. I indicated that they had a very good argument for keeping it out; I never said it was automatic. I persist in that assertion, but fully understand there are areas that fall within the court's discretion.

I don't have to google anything....Fed Rule 801 is the rule against hearsay. That is not what we are talking about. The rule we are talking about is the rule of optional completeness at the very least and simply not being able to lay the foundation for the introduction of a video.

It appears the question may be moot, because there are rumblings that the original video is available, and if it is, here are the foundational questions for offering and having a video admitted as evidence:

I don't mean to be a jerk either, but this is basic evidence 101: (I added some comments)

  • "Do you recognize what has been marked for identification as Exhibit A?"

  • "What is it?"

  • "How do you recognize it?"

  • "Is it true and accurate?"

  • "Did you witness the events depicted in the video?" (not necessary if the basis of the foundation is the recording equipment operating properly)

  • "Is this a fair and accurate representation of what you witnessed?" (see above)

  • "Was the video recording made on a device capable of making an accurate recording?"

  • "Have you provided the original video or an unaltered copy of the original video for us today?" (crucial to the admission of the evidence regardless of whether the above offer is based on personal observation confirming that the video accurately depicts the events that were witnessed OR whether the offer is based on the equipment operating correctly as in video of and incident in a hotel next to the elevator)

  • "Is the copy you provided a digital copy of the video for admission as an exhibit in court?"

  • "On what day and time was this video recording made?"

  • "Was the camera functioning properly at the time of the recording?"

  • "Have any parts of the video been deleted or altered?" (again, crucial to laying a proper foundation)

  • "Is this video relevant to the issues in this case?"

As you can see, there are questions that will have to be answered in a way that the sponsor of the evidence can't lay a proper foundation if the original is in fact missing.

If I was arguing for the government, then I would argue that we provided what we had, and since we were not responsible for lost original, then we had no control over that and therefor the evidence should be admitted.

The defense should then come back with the rule of optional completeness....I am sure you know what that is.

At any rate, in my humble opinion, it would be ineffective assistance of counsel to not make the objection and back it up with caselaw....because I can guarantee case law on the issue exists.
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Niggas is spittin'. Thanks for the info.
 
@ZuluSam sooo which part of the video could have been altered...the part where he ran down the hall in a towel...reared his fist back and mollywhopped the shit out of Cassie....or the part where he dragged her down the hall in his towel?

Im just asking...
 
geechiedan said:
@ZuluSam sooo which part of the video could have been altered...the part where he ran down the hall in a towel...reared his fist back and mollywhopped the shit out of Cassie....or the part where he dragged her down the hall in his towel?

Im just asking...
Click to expand...
I don’t know. I’m just going by what was in the news saying it was edited.
 
playahaitian said:
www.hollywoodreporter.com

Sean “Diddy” Combs’ Right-Hand Woman Breaks Silence on Accusations Against Her

Former Chief of Staff at Bad Boy Entertainment, Kristina Khorram, now named in three lawsuits, expressed disbelief about the allegations lobbed at her.
www.hollywoodreporter.com www.hollywoodreporter.com
Click to expand...




www.cheatsheet.com

Who Is Sean 'Diddy' Combs' 'Right-Hand Woman' Kristina Khorram and Why She's Being Compared to Jeffrey Epstein's Ex Ghislaine Maxwell?

Here's more about Kristina Khorram, Sean "Diddy" Combs' "right-hand woman," who has spoken out about the allegations against her.
www.cheatsheet.com www.cheatsheet.com




www.scmp.com

Who is Kristina Khorram, who’s being dubbed ‘Diddy’s Ghislaine Maxwell’?

Sean ‘Diddy’ Combs’ chief of staff Kristina Khorram has broken her silence after being named in multiple lawsuits in association with her boss – so who is she exactly and what did she do for him?
www.scmp.com www.scmp.com
 
Looks like the government is trying to force a continuance. It doesn't seem to be working.
 

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