An Analysis of Evidence - Assignment Example

Letter of Advice Dear Rufus: Based upon our discussion, I am presenting below my analysis of evidence we may have to offer in your case, so that you can review it and we can discuss how to proceed further. 1. Available evidence: Listed below you will find the various categories of evidence that is available for your case, as they would be perceived by the Court. (a) Admissible evidence: (i) One of the first criteria governing admissibility is that the evidence must be relevant.1 Therefore, your movie ticket for the afternoon show for the new Harry Potter movie would be admissible, especially since it is relevant documentary evidence and would affect the probability of your presence at the scene of the crime. This document has the show timings and date of show, etc, which will be useful. Although a copy may also be produced, it is best you retain the original carefully or better still, turn it over into my custody for safekeeping.2 (ii) Any court records you may have in reference to your earlier pub brawl where you were let off with a fine, including any receipt for payment of the amount in settlement of fines imposed by the Court. (ii) A written, signed statement from you with your submissions to me about Marcus the petrol station guy, his questions about Addie and the content of your discussions with Susan Grayson. This will constitute hearsay evidence, however it may be possible to establish that Marcus is more likely to have committed the offense3. (iii) A written, signed or tape recorded statement from you containing your description of the events of that afternoon when Camilla made the remarks about Addie’s character and any proclivity to get close to the people she worked for. She could also be useful as a witness to offer her individual opinion about your character, which may be good.5 (b) Inadmissible evidence: You need to be aware that judges have the discretion to exclude certain kinds of evidence.4 (i) This could include your written statements mentioned above, which could be dismissed as hearsay. (ii) Your admissions about using your cousin Yorick to approach your neighbors, the Stanleys would be inadmissible. Any subsequent written confessions/retractions obtained from them will be inadmissible due to the element of threat present.6 (iii) Any indication that you may be leaving town is likely to be damaging to your interests, because it will serve to accentuate consciousness of guilt7. Moreover, these aspects will impact negatively on your case, if they should ever be divulged. Therefore, it is important to retain these matters in the privileged area of lawyer-client confidentiality, so that they need not be disclosed.8 (iv) Your admissions to me about crazy Harry and the Baxter Girls will not be admissible because it is too far fetched and will not be considered relevant evidence. (v) The witness or statements of Professor Neil Jensen may also not be useful to support your case because your statement to Addie about not topping her if she leaves you since you have no children, cannot be turned in as admissible evidence from our side, it will be viewed as an equivocal statement9 and would not be relied upon. (c) Documents likely to favor your acquittal: I emphasize the value of your movie ticket, which will be valuable documentary evidence favoring your acquittal. Any records that you may have regarding your acquittal in the pub brawl will be useful, since it will help to counter any character allegations against you that are raised by the Prosecution. Lawyer. Affidavit 1. I, Rufus Patrick, accused of the murder of Adrianne, do hereby solemnly affirm and state on oath that I am competent to swear to this affidavit 2. I submit that on the 5th of February, 2005, the after noon Adrianne was murdered, I was watching the new Harry Potter film show and I have in my possession, the ticket with the timings, etc, which is attached to this affidavit as Exhibit A, since it will constitute relevant and valid documentary evidence.10 3. I will also reiterate what I have already told my lawyer – “Of course, I didn’t kill Adrianna. I would never have done anything like that.” A signed, written statement of my denial of involvement in the murder, as communicated to my lawyer, is attached as Exhibit 2 to this affidavit. I did not kill Adrianna and on the afternoon when she went missing, I had already moved out of our common residence at Theophilus street, and have been living at my aunt’s house since that time. I would never kill Adrianna, in fact, we had been together for eight years and we were crazy about each other. I had seen her the night before she went missing and we had even talked about getting back together, so the last thing I would want to do was kill her. 4. I also submit that my disagreements with my former girlfriend were domestic quarrels, where physical abuse was not a habitual event. I admit that we used to quarrel in loud voices sometimes and I may have hit her once or twice when I was intensely provoked. But this was not a regular aspect of our relationship and I submit that there was not enough justification for the Stanleys, who had overheard some of our loud quarrels, to provide Adrianna with a domestic violence hotline. Both of us have argued in loud voices on more than one occasion, but I came back one day to find Mrs Stanley leaving our home with Addie all red eyed as if she had been crying. Later, I also found a pamphlet with a domestic violence hotline number on it near our telephone. 6. I also submit that I have an earlier conviction11 on my record and while I realize that it may be admissible in this case12, I was not jailed. This incident was a pub brawl where I was provoked and moreover, was not the person to initiate the physical assault. The Judge in that case did not approve of martial arts and therefore ordered me to appear for a hearing at the Court, but my offense was not deemed serious enough to be jailed for, I was let off with a 900$ fee. Therefore, I submit that inspite of the fact that I have been involved in a pub brawl and despite the fact that I hit my fiancée a few times, I did not kill her and since I was not jailed for my former offense, I submit that the Court disregard records of my former arrest13. I am also attaching to this affidavit, Exhibit C, which is a receipt for the 900$ that I paid when the Judge let me off with a warning. 7. I also crave leave to submit to this Court that the tape of my funeral speech was made by the police during an emotionally stressful moment while I was attending Adrianna’s funeral.14 I am convinced that my innocence will be established and therefore the balance of probabilities15 in this case does not justify the action of the police who were first forthcoming with me and kept me informed about the forensic reports and other information, then suddenly decided that I was guilty - to tape record what I said without my consent and intrude on my privacy. I crave leave to submit that this Court rule out evidence procured by this unethical method, especially by someone like a police officer in a position to influence the charge made against me.16 8. I also submit that one petrol station attendant named Marcus showed an unusual degree of interest in my fiancée and I suspect that he may be involved in Addie’s death. I have noticed how keenly he watched her during our visits to the garage. After I had moved out to my aunt’s place and during the first few times I visited the garage without her after our separation, he made suggestive remarks about her leaving me. I also spoke to Susan Grayson, the owner of a shop near the petrol bunk, who told me she may have seen Adrianna enter the shop for a moment on the afternoon of the murder. It was just for a moment, so she is not sure, however I would like to submit this information in case it is relevant.17 8. I also submit that during an anniversary celebration, Adrianna’s sister Camilla said, “And in Rufus, Adriana’s at last chosen herself a man on the basis that she loves him, not just because she works with him.” I noticed that Addie turned very red and Camilla seemed to realize that she had made some sort of gaffe and later, she went to great pains to ensure that I wouldn’t take it seriously – it’s only now that I realize this may be significant.18 In fact, her boss at the café where she is a waitress is a man named Douglas. I’ve met him a couple of times and found him to be an arrogant and sleazy man, with a flashy car that he tries to show off with. He could well have been interested in Addie. After he heard I had moved out, he could have offered her a lift home. She was a trusting sort who could have been taken in by a worldly wise man like Douglas. 9. I also submit that Addie seemed particularly interested in a program where Neil Jensen, the criminologist was a guest and he spoke about how most men who killed their women did so because they had children from their marriage. She listened to this radio program with such an intense look on her face, she may have been thinking about a married man like Douglas. 10. I used to drive Addie around on Tuesdays to do her shopping but after I moved out, I took the car so she used to take the bus. I also submit that the bus driver of No: 666 told me that he might have seen Addie on Lismore street at around 3:14, waiting for her bus to Theophilus street. The description he gave me of her matched quite well. She was going to wait for the next bus which was due in 45 minutes, but apparently, the driver of the next bus never saw her, so someone must have given her a lift in the meantime. Read More