Re: Hon Judge Hippler's Order on State's
MIL Admissibility of Text Messages
In the context of State's arguments for admissibility of hearsay (roommates' text messages) because excited utterance and/or present sense impression, and Defense's counter arguments.
IMO, what an Incredibly detailed and considered order. This order rightfully and properly considers context (tone and order of text messages, in addition to their content). Judge Hippler presents his legal argument with a genuinely human and empathetic analysis of the surviving victims' actions.
In doing so he puts a plug in the dubiously conjectured (selective use of evidence) defense arguments as to how the surviving roommates would have behaved had they 'really' been scared, or startled.
Page 9 under Section IV Analysis
(my emphasis)
"...They were awoken from sleep after a night of drinking with D.M. reporting that she heard noises and saw a masked intruder in their home. None of the other roommates were responding to their calls and texts, further indicating something was amiss.
It would be potentially terrifying for anyone, including these young women. To argue that they would have run out of the house or called someone else for help had they really been startled unempathetically ignores these circumstances and the trauma and confusion they were evidently experiencing, which likely offset logical thought. Indeed, the girls' fear and confusion is evident in their words, with both questioning what was going on, D.M. stating she was "freaked out," "scared" and "confused" and B.F. attempting to get them together quickly for safety. They were clearly under stress and attempting to make sense of a frightening situation."
footnote 9 at the bottom of Page 9.
"
Defendant's argument also ignores the fact that D.M. indicated to B.F. that the intruder was leaving the house, in which case it is not surprising the girls did not want to run outside, had the thought crossed their minds at all."
I feel like Judge Hippler overseeing this case is a real blessing for justice. Jmo