Saturday, July 24, 2010
Another Serious Reason to Void the New Drew Peterson Hearsay Law
The foreign hearsay concept derails criminal trials, into gossip contests while degrading the rules of evidence and American Due Process.
The new law denies an accused the fundamental constitutional right to face an accuser in court.
In the Peterson case last week a sealed court ruling was obviously leaked by prosecutors to the media. Now every potential juror has been informed that Peterson was already judged guilty by Judge Stephen White. This may well and should cost prosecutors a dismissal of the entire case.
I began to think about how savvy and knowledgeable people wind up on juries. The sealing of such a ruling would be totally worthless under those circumstances.
I guess since Judge White is in uncharted territory he seemed to forget that all Americans are presumed to know the law. Of course they probably don’t know but that concept was designed to foreclose on someone’s ignorance of the law as an excuse for breaking it.
With that time tested presumption in mind the Drew Peterson Law makes it abundantly clear that the judge must make a ruling that the witness was murdered and made unavailable by the defendant that the hearsay is used against.
Every juror is actually presumed to know that Peterson has already been determined to be a murderer by the judge once a single word of hearsay is allowed. A defendant would be denied the right to a fair trial and due process the instant the judge allows hearsay testimony.
The Drew Peterson Hearsay exception Law is a real danger to American Freedom and Liberty and must be voided.