LindseyLou
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- Jun 8, 2010
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Yes that is actually a common expression. My wife commonly expresses "OMG it smells like something died in here" with in an our or so of chili dinner night.
However that common expression is not commonly used in the context of CA's 911 call. By saying my grand daughter is missing and we found my daughters car today and it smells like a dead body in the trunk (paraphrased). Cindy during that excited utterence is clearly linking the smell with her missing grand daughter as well as linking that smell to the trunk directly and mentioning the key words "dead body".
This is very different then the example of my wifes comments regarding my love of spicy chili and it's after effects. Which I would say is the more common vernacular.
It's kind of like saying "I'll kill you". People use it all the time usually in jest, or out of embarrassment and surprise. However not many people say I'm going to "I'm going to kill you with my bare hands" then a couple days later that person turns up dead from strangulation and not be considered a suspect.
CA's comments in the 911 call really need to remain in the context of what was transpiring at that moment or mere moments before. Analyzing them outside of that context would be an effort by the defense to twist the truth and not seek it.
LOL!!! Very good analogy - I now understand perfectly!
IMO JP seems to be okay with having more details heard in the case, as opposed to hearing less details - unless there is a very clear reason it shouldn't be relevant. (If it holds any value to the jurors good or bad, its better for him to allow it than if he denied it and it turns out that it was in fact relevant) With regard to the 911 call, I think he will find it relevant and allow the call to be used in trial.