Could you please state your name for the court, spelling your last for the record?My name is Sydney Michaels, M-I-C-H-A-E-L-S.Mr. Michaels, how are you involved in today’s case?Well, I was the late Mr. Bennett’s personal assistant – not secretary. Assistant. I knew everythingabout the man. I’m also the chief custodian for all Trifecta documents. I made that place run. Now approaching opposing council and the witness.Do you recognize the document I just handed you?Yes, I do. This is Trifecta entertainment’s record of the death threat Mr. Bennett received… come tothink of it, just months before his death.Does it appear to be a fair and accurate copy?Yes, it does.Do you regularly keep records of all the letters that come into Trifecta entertainment?Always. They’re alphabetized by category. Mr. Bennett had run-ins with quite a few people in theindustry – I filed this one away under the Death Threat – Serious category.Defense now moves Defense C into evidence.-Comes in as a regularly conducted business record. It’s already been established thatMichaels is custodian of all documents.Mr. Michaels, why did you consider this threat serious?Well, it was sent by Ronald Victory. Trust me, that’s not the name his parents gave him. Victorywas this big media guy, really seedy – bribes, affairs, you name it. Before he died, Mr. Bennett wasgoing to do this huge exposé on Victory. Well, word got out.What happened?Well, it was absolutely shocking. One of Victory’s goons came by completely unannounced, justlanding on our helicopter pad. Just shoves his way into Mr. Bennett’s office – I was so embarrassed.The thug hands Mr. Bennett the letter, this letter, and said, “This is my boss’s last warning.”
Mr.Bennett immediately asked me to file a restraining order .
He looked pretty shook up.Why did this letter scare Mr. Bennett so much?Just look at it! “Cease and desist with this exposé or those near and dear to you won’t be able to find your body.” I mean,
I
can’t believe it. “You won’t be able to find your body”? That’slanguage you don’t hear every day, and this a pretty tough industry. And still, Jacob went aheadwith his exposé of Victory. He was such a brave man.Was there anyone else that had a reason to kill Jacob Bennett?
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Not hearsay because it’s not being used for the truth of the matter asserted, that this wasVictory’s last letter, but for the effect on the listener, the fact that Victory’s goon made athreatening statement to Mr. Bennett, and that subsequently Mr. Bennett asked for arestraining order. Relevant because the fact that Mr. Bennett was being threatened makes thefirst element of the charge, that Jackie Owens killed Mr. Bennett, less likely.
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Not hearsay because no truth value – it’s a command.
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