Jeffs then said he had no choice but to read a statement from God. Walther dismissed the jury and allowed him to read it.

"I, the Lord God of heaven," Jeffs read, "call upon the court to cease this open prosecution against my pure, holy way."

If the trial continues, the statement said, "I will send a scourge upon the counties of prosecutorial zeal to make humbled by sickness and death."

Jeffs has frequently said the charges against him are the work of overzealous prosecutors.

Details.

[So, would you object, and how would you frame the objection?]

Obviously this is hearsay (or maybe even "heresy"), but I suppose Jeffs could argue that the witness is unavailable? Has he attempted service of a subpoena on God? Can he show due diligence to obtain the presence of the witness? Sounds too like God may be opening himself up for a retaliation charge if He's not careful, what with the threats of wrath and all.

Assumes a fact not in evidence.

Call your own minister/priest/rabbi to claim Jeffs' statement is privileged from disclosure as a communication from God to a member of the clergy. Your minister/priest/rabbi will, of course, be claiming the privilege on God's behalf. Tex. R. Evid. 505(c).

I'm seeing some authentication issues here.

People, this is a classic Crawford problem. If a mere lab report is inadmissible without the presence and cross-examination of the tech, how then can a cataclysmic conclusion of this magnitude be acceptable through the mouth of only a secondary prophet?

I'm sure the ecclesiastical courts of old would know exactly how to deal with this kind of behavior--burning at the stake or something equally terrible.


Jeffs is fortunate to have been born more recently.

[This message was edited by John A. Stride on 08-01-11 at .]

Insufficient predicate. Move to smite.

quote:

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Originally posted by JB:
[So, would you object, and how would you frame the objection?]

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Why would you want to stop a defendant from talking his way into a maximum sentence?

I would not object. But look at the jury and smile.