Sour grapes from the grave are not admissible testimony
Not if they are from 'beyond the grave'.
If she was properly deposed, this is evidence, and much like a dying declaration.
She knew where the skeletons were, and if nothing else has given probable cause to dig deeper and marked the spots.
But dying declarations are.
One exception to the hearsay rule is for statements made when someone knows they are dying. This isn't a silver bullet, but it may be a gun belt carrying a whole row of silver bullets for the prosecutor to use.
Forgive me ladies but, men, if you are going to do anything wrong, NEVER tell your lady, and if she knows you better keep momma happy.
How about the evidence her testimony would have led to? She was a lawyer and the prosecutors are obviously lawyers, I have a sense they knew what they were doing.
Isn’t that like a de bene esse that might be admissible under certain circumstances? Like her death? Without the opportunity to cross examine, the testimony itself might not hold up but I’d bet the evidence revealed in it would be quite viable.
I have never been cheated on, so have no way to be sure how I would react, but this woman seems to have used her last energies to be sure her cheating husband really paid the price. How that helps their children is hard to reckon, and one would have hoped that she’d have considered the ramifications on their lives. But it doesn’t seem she did. Both of them thought only of themselves. Poor kids.
“Sour grapes from the grave are not admissible testimony.”
Wanna bet?
Maybe she gave them enough info to dig up the dirt.
Deathbed confessions do indeed have a place in Court, and have been recognized in many cases as admissible and irrefutable proof.
Let’s see what the Judge thinks about this video. If he rules it admissible then the Breck Girl is toast...badly burnt toast at that...