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Member |
Any sugestions on getting this 911 tape into evidence? The 911 operator who took the call as no memory of the call and even after reviewing the call and the report. She seems reluctant to verify the tape accurately relects the conversation, even though she admitts everything that was said is automatically recorded. | ||
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Member |
You can offer it as a business record, recorded recollection, or present sense impression. The audiotape predicate requires that there be no additions, alterations, or deletions, and that all the voices be identified. She can identify her own voice, so if the caller gave a name, it should be admissible. I cannot give cases since I am away from my desk, but they should not be hard to find. | |||
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Member |
It takes two people to make a 911 call. The caller and the dispatcher. Why can't the caller authenticate the recording as a true and accurate recording of the conversation? | |||
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Member |
in response to the Q for LDB, the caller/victim is a minor and we're unsure if we are going to call him. Still lives at home and the ad litem feels calling him could cause harm (mentally and possibly physical). Also, it's a chance that the Defense will be calling him. If so, then can do it there. | |||
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Member |
The 911 Operator doesn't have to remember the conversation, any more than an officer has to remember every word on a patrol car video. She just has to authenticate the recording as an accurate reflection of the conversation that took place. That can come from evidence of the equipment working properly and no gaps. For more details, see the TDCAA Predicate Manual, latest edition. Of course, someone needs to identify that kid's voice. Maybe another relative could do it. | |||
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