Are a Dead Victim’s Journals Admissible Evidence in a Georgia Domestic Violence Case?

Hearsay generally cannot be used as evidence to convict someone accused of a crime in Georgia. Hearsay basically refers to any “secondhand” evidence. For example, a person can testify as to what they saw. But they cannot testify as to what someone else told them they saw.

There are a number of exceptions to the hearsay rule. One such exception recognized by Georgia courts is the so-called “residual exception.” This allows a trial judge to admit what would otherwise be inadmissible hearsay if the court is satisfied the statement has a “circumstantial guarantee[] of trustworthiness” and is offered as “evidence of a material fact.” The statement must also be “more probative” than any other evidence available and admission of such a statement would serve the “interests of justice.”

Georgia Man Convicted of Breaking Ex-Girlfriend’s Jaw

In a recent decision, the Georgia Court of Appeals held this residual exception could be used to admit the private journal entries of a deceased woman in the trial of her former partner on domestic violence charges. The defendant in this case, Little v. State, lived with his then-girlfriend, their common 2-year-old son, and the girlfriend’s mother. According to the mother’s testimony at trial, one morning she heard a “big noise” coming from the defendant’s bedroom. She entered the bedroom and saw the defendant “on top of” her daughter. The defendant then picked up the girlfriend and “slammed her on the floor,” breaking her jaw. The toddler witnessed the entire exchange.

A grand jury subsequently indicted the defendant for aggravated battery and cruelty to children. Sometime after the indictment but before trial, the girlfriend died. Prosecutors then sought to introduce at trial several private journal entries made by the girlfriend and kept by her sister. The handwritten journals contained descriptions of the defendant’s prior history of domestic violence against her. A friend testified at trial that she knew the girlfriend kept a journal and that the handwriting matched.

The trial court ultimately admitted the journals. A jury proceeded to find the defendant guilty of all charges. The Court of Appeals upheld this verdict. The appellate court noted that even without the girlfriend’s journals, there was sufficient evidence to convict the defendant. Notably the girlfriend’s mother testified as to what she personally witnessed.

That said, the Court of Appeals continued that the journals were admissible under the residual exception to the hearsay rule. The trial judge properly determined the journals were “sufficiently trustworthy” and they were “probative” in that they offered a firsthand account from the alleged victim, which provided the jury with evidence of the defendant’s motive.

Contact Hawkins Spizman Trial Lawyers Today

Family violence is a serious matter. Georgia prosecutors will not hesitate to use any evidence they think they can get admitted to convict someone accused of physically assaulting a family member or intimate partner. That is why, if you are accused of such crimes, you need to work with an experienced Atlanta domestic violence lawyer. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=7d131be0-9bed-4f1e-bc82-be448a25a266