UPDATED and REVISED: Smoking Dope Makes You Stupid

REVISION: What I've done with my revision is to make clear why the video is hearsay, as well as why it can be used on cross examination against the defendant. The reason I'm going into this in a bit of detail is because it is considerations such as these that Durham has in mind as he investigates. With each witness or potential witness he's asking: What can he testify to directly and against whom? What can he offer as hearsay, and is there some exception that could allow that hearsay to be used for some purpose such as impeachment? And so on.

With that, out to Portland.

Michael Reinoehl has given an interview on video in which he openly admits killing Aaron 'Jay' Danielson by shooting him. But, he says, he acted in self defense--and in defense of a friend "of color." Apparently in his warped mind, he thinks that that assertion is like a Get Out Of Jail Free Card. We've already learned about the many stupid things Reinoehl has done in his life, but this seems a suitable way to cap them all off. Shipwreckedcrew has some fun explaining what will happen at Reinoehl's trial--when it comes.

Basically, the video interview is hearsay, so it can't be admitted by the defense. However ...

REVISION: Hearsay is typically defined as an out of court statement offered for the truth of the matter asserted. Suppose Reinoehl wants to use the video as evidence that he acted in self defense. The video is a statement made out of court and, since it would be offered for the truth of what was asserted in it, it would be hearsay and thus inadmissible by the defense. Moreover, no exception to the rule should apply because the witness who can testify to the truth of the assertion on the video is actually present--it's the defendant himself! If he wants to raise that defense he'll have to take the stand and do it himself.

However, if Reinoehl should take the stand, that video can be used in evidence against him--for example, as evidence that he actually did shoot Danielson if Reinoehl should attempt to deny that at trial. In that case the video would be used to impeach the witness--Reinoehjl, the defendant--on cross examination.

So, if Reinoehl takes the stand to testify, the video interview can be used on cross examination by the prosecution. The baseline for the jury then becomes: We have his video admission that he shot and killed Danielson, so who believes there was a knife anywhere? Where's the knife now? If we don't believe the story, then his admission means he's guilty

It's also worth noting that this is, at last count I believe, the third time he'll have been arrested for illegal carry in a very liberal carry state. And the second time in a city that prohibits carry of a loaded weapon.

So here's how SWC sees the trial going:



Justin Yau
@PDocumentarians

Man Linked to Killing at a Portland Protest Says He Acted In Self Defense -


@shipwreckedcrew

Bad Legal Take:

"Give the interview.  When it is time for trial, we won't need to call you as a witness. We'll just play the video for the jury to establish your self-defense claim."

Who wants to point out the problem here?


@SirAaron_

You can’t admit the recording in lieu of his testimony. However, it can be used against him, especially if he takes the stand.


@shipwreckedcrew

CORRECTAMUNDO.

You cannot offer your own hearsay statement to avoid CX [Cross Examination].  By doing so you make yourself a witness, and waive your 5th Amendment right to remain silent.

Fun-time on CX.


@shipwreckedcrew

"You just admitted to shooting and killing that man, correct?"
"You claimed he had a knife, correct?"
If that is not accurate, then you were not in fear for your life or your friend's life, correct?"
If you were not in fear, then you did not shoot in self-defense, correct?"


@shipwreckedcrew

"But you still shot him, didn't you?"
"And if there was no knife, you murdered him, right?"
"Did you yell "Knife"?
"Did you do anything other than shoot?"
Who is the first person you told about the knife?"
"When did you tell that person about the knife?"


@shipwreckedcrew

An hour or so of that, and the answers will soon become incoherent.

Then we'll get back to "If the jury doesn't believe there was a knife, then you murdered him, right?"

That one will draw an objection -- unless the Def. Lawyer is worn out too.

UPDATE: Reinoehl has been taken into custody. Definitively.

@MaxNordau 

Michael Reinoehl's arrest was mostly peaceful. 

10:47 PM · Sep 3, 2020·