sniped
Mrs Roman can testify that she heard the boy's voice in the back ground, that is not hearsay. Also they will have the phone records and timeline.
Like I said no one is changing anyone's mind.
You are right and due to the situation unfolding at the time the Judge may deem what Tim said to her as an excited utterance, when he told her that he had to go to see what the boy wanted.
Her testimony will be just like anyone else that testifies about what they know. The jury decides what weight to give each witness and with Mrs. Romans imo there will be further evidence to bolster her statements made to police. They will have the time the call ended and that shortly after that Tim Romans was dead. Jurors are very logical imo and it is logical that when he went toward the house to help this boy, he fell on the porch and died within minutes of that call ending. Jurors don't cotton much to
coincidences, especially in murder cases.
It sure isn't just his confession that points to his guilt. It is not logical that some big old bad guy would come there without a gun and then pick the smallest caliber youth gun so they would have to fire 10 times to get the job done.
The CPS caseworker will be allowed to testify about what the defendant told her. She did not ask him but he volunteered to tell her he did it and why. They are bound by law to reveal that information to the Court.
http://www.law.arizona.edu/Depts/Cli...AC/depadj.html (May have to copy and paste the link)
Instead, disclosure in Juvenile Court practice is pretty much a one-way street.
CPS routinely discloses all the documents, reports and examinations that it receives. In addition, CPS is required to submit reports to the court which contain significant information. On the other hand, the parties -- especially the parents -- tend to disclose little unless asked.
Since the State has the burden of proof, it will present its evidence first. Even if
the CPS's witnesses are friendly to us, our examination of them will be considered cross-examination and leading questions will be allowed. Different Judges handle the order of cross examination differently. Some have the parents' attorney go first and the child's attorney last. Others do the reverse. It is a good idea to find out before the hearing starts.
CPS caseworkers are not under any rule that they must protect a defendant or what the defendant tells them. The only ones who have that privilege are the client's own attorneys.
imoo