| In Kevin Spacey Trial Court
Cleared For Hart Under Sex Offense
Case Rule so Blogger Roams
By Matthew
Russell Lee, Patreon Maxwell
book
BBC -
Honduras
- CIA
Trial book - NY
Mag
LITERARY SDNY,
Oct 12 – Plaintiff Anthony
Rapp had been crossed and
re-crossed, had been asked
about hitting his mother and
being hit by his now husband
when at least the "next
witness" was called.
He was
Chris Hart, Rapp's friend from
Joliet, now flown in from San
Francisco on the dime of
Rapp's law firm and staying
overnight at the Hampton Inn.
But that wasn't
what Kevin Spacey's lawyers
wanted to know. A question was
asked on cross; Rule 412 was
invoked and soon Judge Kaplan
was ordering everyone
including Kurt Wheelock out of
the courtroom.
Kurt went
down to the SDNY Magistrates
Court and covered a few cases;
he went up to Judge Woods' on
the 12 floor and sat with the
Marshals waiting to handcuff
and remand a defendant who'd
just pled guilty to being a
felon in possession of a
firearm. Kurt tweeted and
blogged it.
But when
Wheelock went back up to 21,
the courtroom was still
sealed. He went back down to
his laptop in the Press Room
and looked up Rule
412:
"Rule 412.
Sex-Offense Cases: The Victim
Primary tabs (a) Prohibited
Uses. The following evidence
is not admissible in a civil
or criminal proceeding
involving alleged sexual
misconduct: (1) evidence
offered to prove that a victim
engaged in other sexual
behavior; or (2)
evidence offered to prove a
victim’s sexual
predisposition. (b)
Exceptions. (1) Criminal
Cases. The court may admit the
following evidence in a
criminal case: (A)
evidence of specific instances
of a victim’s sexual behavior,
if offered to prove that
someone other than the
defendant was the source of
semen, injury, or other
physical evidence... Hearing.
Before admitting evidence
under this rule, the court
must conduct an in camera
hearing and give the victim
and parties a right to attend
and be heard. Unless the court
orders otherwise, the motion,
related materials, and the
record of the hearing must be
and remain sealed. (d)
Definition of “Victim.” In
this rule, “victim” includes
an alleged victim."
But had
the rule really been written
for this? Kurt finally got
back in as $450 dollar an hour
expert Rocchio took the stand,
as she had in the Ghislaine
Maxwell trial. More on Patreon
here
***
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