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DA Voicemail as evidence?

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johnnydev7

Junior Member
What is the name of your state? CA
I'm in the midst of pre-trial activitiy for a Disturbing the Peace litigation. The DA left me a voicemail that is beneficial to me. She refers to the compainant as "beligerent" and describes in detail specific examples of how he is being uncooperative and implies his intent to make my life difficult by repeatedly calling the police with noise complaints. Can I introduce this as evidence?

Thanks in advance.
 


CdwJava

Senior Member
If the complainant claims they never spoke to the DA, or they say that no one thinks they are belligerent, then you might be able to introduce it. Otherwise, it proves nothing.

What does your attorney say?

- Carl
 

johnnydev7

Junior Member
Thanks CDW. I would be using it to help characterize the complianant as being uncooperative and unreasonable which would be the basis of my defense. If I went to trial, I would argue that we are not unreasonably noisy and that this guys is in fact the one who is unreasonable. Virtually every other neighbor, 14 of whom live as close or closer than this guy, is willing to appear on my behalf or sign an affidavit stating we have never been unreasonably nosiy. This guy is a 73 YO ex-cop who thinks he's responsoble for patroling our neighborhood. Unfortunately, no one else agrees with him and all think he's a PITA.

Hey Curt, thanks for the 'advice'. WTF? Did somebody pee in your cheerios or something? Way to make a new guys feel welcome. :mad:
 

tranquility

Senior Member
Evidence is an amorphous thing. Sometimes things can get in and sometimes things can't get in. It all depends on why you are trying to introduce it and all the surrounding facts must be considered.

There are many problems with this. The first is that it is hearsay. Since the DA is available, there is no way the tape would get in. However, calling the opposing attorney (The DA!) for testimony is not going to happen unless the situation becomes very bizarre. We are left with the point Curt581 made, evidence of what? That you were justified in disturbing the peace? The only thing you would have is some non-expert's opinon of a guy who is upset and who has little interaction with the victim. No judge will let you call the DA for something with so little relevance to the elements of the crime.
 

Kane

Member
Pretrial negotiations are generally not admissible. They're privileged.

I'm assuming you're representing yourself.
 

CdwJava

Senior Member
I have to agree. The tape will almost certainly not be permitted in at trial, and even if it did it does NOT show that the elements of the crime did not exist. Heck, if the DA did not believe that the elements of the offense had been met he should not be pursuing the case at all. So, there is at least SOME basis for the complaint and prosecution.

- Carl
 

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