Rare broberts Posted January 16, 2018 #76 Share Posted January 16, 2018 Not necessarily. The judge, prosecutor, and defense attorney know the context and full statement. IF it was determined to be inadmissible, the jury wouldn’t have heard anything about it. Sent from my iPhone using Forums There were almost no details provided in the news article, but one that was provided was the admission of an affidavit from the FBI. So this information was available to the jury. Besides, we have to accept that if something is ruled inadmissible we should not use it as the basis for presuming guilt. Link to comment Share on other sites More sharing options...
sanger727 Posted January 16, 2018 #77 Share Posted January 16, 2018 There were almost no details provided in the news article, but one that was provided was the admission of an affidavit from the FBI. So this information was available to the jury. Besides, we have to accept that if something is ruled inadmissible we should not use it as the basis for presuming guilt. The original article simply said there was an affidavit from the FBI agent. I didn’t see anywhere where it said that that affidavit was admitted into evidence at the trial. Sent from my iPhone using Forums Link to comment Share on other sites More sharing options...
Rare broberts Posted January 16, 2018 #78 Share Posted January 16, 2018 The original article simply said there was an affidavit from the FBI agent. I didn’t see anywhere where it said that that affidavit was admitted into evidence at the trial. Sent from my iPhone using Forums From the originally linked article (http://www.foxnews.com/travel/2018/01/12/family-claims-norwegian-cruise-employee-sexually-assaulted-12-year-old-daughter-while-slept.html): "Selvam, however, has since been tried and found not guilty by a jury in Miami, despite an affidavit of support filed by an FBI agent which stated that Selvam acknowledged that he touched the girl’s “buttocks and pubic region with his hand, skin to skin, while the minor victim was sleeping on the bed.”" Link to comment Share on other sites More sharing options...
sanger727 Posted January 17, 2018 #79 Share Posted January 17, 2018 From the originally linked article (http://www.foxnews.com/travel/2018/01/12/family-claims-norwegian-cruise-employee-sexually-assaulted-12-year-old-daughter-while-slept.html): "Selvam, however, has since been tried and found not guilty by a jury in Miami, despite an affidavit of support filed by an FBI agent which stated that Selvam acknowledged that he touched the girl’s “buttocks and pubic region with his hand, skin to skin, while the minor victim was sleeping on the bed.”" You are making an assumption that it was submitted to the jury. I’m not. The media stitches together whatever facts they have in a way that sells the story. An affidavit of a confession would be difficult to get admitted as evidence in a trial. Sent from my iPhone using Forums Link to comment Share on other sites More sharing options...
fshagan Posted January 17, 2018 #80 Share Posted January 17, 2018 You are making an assumption that it was submitted to the jury. I’m not. The media stitches together whatever facts they have in a way that sells the story. An affidavit of a confession would be difficult to get admitted as evidence in a trial. At least in California, this is true. In the cases I have been on as a juror even police reports had to be validated on the stand by the police officer who wrote it unless the defense stipulated it was OK. I suspect the FBI agent didn't show and it was never introduced. And, it reads more scandalous to not mention it was excluded so of course that's how the media reports it. I'm still perplexed as to why there is NO coverage of the original arrest or trial. Perhaps the trial just ended and it isn't in the records yet. Link to comment Share on other sites More sharing options...
Linda the Book Lover Posted January 17, 2018 #81 Share Posted January 17, 2018 Just remember, not guilty does not mean the same thing as innocent. Well said Link to comment Share on other sites More sharing options...
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