i needed to pick your brains some more. i hope that you don't mind.
have been doing some research on the net with the legality of email evidence. from what i am reading, the lawyer should have object to the evidence ever being submitted into the trial. on several grounds - hearsay and authenticity.
anyways, here is the situation as it lies now.
we are going to go for a reconsideration of the ruling. in the hopes of submitting the new email evidence. that way, if we are not successful - then the new informatin could be used in the appeals case (if we need it).
now the questions...
can we object to the emails that are already in - on the grounds of hearsay and authenticity. from what we have discovered, the printed email should have contained headers that detailed where the email was sent from and where it went to. the ones they presented did not have this listed. there is no way to prove where they came from. there are 7 sections in the headers and out of that 5 can be tampered with or forged, 6 if you are talented.
can the expert testify that the format used on the emails - supposedly from the same computer and outlook program - that it is not consistent and that it could not have been printed from the same program. (showing again that they have lied)
and there are a tons of little things that i can show where he lied on the stand. my lawyer sais they were small matters and insignificant, but they show he was lying. right now, the way i see it, little things are about all i have. but if i can show enough little things to show he is lying - then it could hopefully taint the rest of his testimony.
what do you think? besides the obvious - deal with it. which right now, i don't want to do. i want to fight it. it might not be wise on my part, but i can' give up just yet.
have been doing some research on the net with the legality of email evidence. from what i am reading, the lawyer should have object to the evidence ever being submitted into the trial. on several grounds - hearsay and authenticity.
anyways, here is the situation as it lies now.
we are going to go for a reconsideration of the ruling. in the hopes of submitting the new email evidence. that way, if we are not successful - then the new informatin could be used in the appeals case (if we need it).
now the questions...
can we object to the emails that are already in - on the grounds of hearsay and authenticity. from what we have discovered, the printed email should have contained headers that detailed where the email was sent from and where it went to. the ones they presented did not have this listed. there is no way to prove where they came from. there are 7 sections in the headers and out of that 5 can be tampered with or forged, 6 if you are talented.
can the expert testify that the format used on the emails - supposedly from the same computer and outlook program - that it is not consistent and that it could not have been printed from the same program. (showing again that they have lied)
and there are a tons of little things that i can show where he lied on the stand. my lawyer sais they were small matters and insignificant, but they show he was lying. right now, the way i see it, little things are about all i have. but if i can show enough little things to show he is lying - then it could hopefully taint the rest of his testimony.
what do you think? besides the obvious - deal with it. which right now, i don't want to do. i want to fight it. it might not be wise on my part, but i can' give up just yet.