Aug 16, 2017

THE CONVERSATION BETWEEN THE ACCOUNTANT AND TOMMY TWO TOES

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Stephanie Why do you feel that the conversation between the accountant and Tommy Two Toes would be privileged. As I mentioned in a posted announcement this scenario requires additional research by students. If you carefully read the FRE and then re-read this scenario you should also notice that there is another component to this scenario that throws in a bit of a twist. You may want to re-evaluate that portion of your answer. Also the best evidence rule concerns original documents, or videos or maybe photos typically. So in this scenario what would be an original piece of evidence that fits that definition,? Put your thinking cap on because there are likely two things that would meet that standard. It is rarely if ever testimony. You completely lost me with the last part of your post.Keep in mind the best evidence rule is not testimony! The question was how it could relate to the best evidence rule. Two men went into the store. One killed the store owner. Those two men can be charged with murder. However, one can also testify against the other. Additionally, Livorno is a witness to what occurred prior to the men going into the store and what happened after they left the store. So who is going to get the deal here? Who can provide the direct evidence ( that would relate to the best evidence). Confusing I know! I need this ASAP

17 Feb 2017 03:09

You are an assistant to the special agent in charge (SAC) of the Organized Crime Task Force. The SAC has asked you to go over certain witness-related situations that will be testified to in an upcoming trial. The SAC has concerns about some of the witness testimony and is trying to avoid embarrassment by turning in records that may not be usable by the Assistant United States Attorney (AUSA) prosecuting the case. Tommy “Two Toes” D’Natalia has a certified public accountant (CPA). He has been using his accountant to wash ill-gotten gains through his racketeering. The SAC has a subpoena for the CPA. D’Natalia is claiming privileged communication with his CPA, and it prohibits the accountant from testifying. Luigi “the Pipe” Cardone heard through the “grapevine” that Big Sal Salvatore has been telling everyone how he was told by Frankie “the Lip” Bonnano that Freddie “Fingers” Malone was murdered by his wife Slippery Sally Genovese-Malone. Cardone wants a deal to testify against Slippery Sally. Lawrence ‘Lucky’ Livorno drove the getaway car for a jewelry store heist. Bertram “Bugsy” Bertoli and Little Carmine D’Angelo went in and robbed the store. During the robbery, Bertoli shot and killed the store owner. D’Angelo and Livorno both want to testify to avoid the death penalty. Please include your answers in your main posting for the following questions. Support your answers with research. You must provide meaningful feedback to the main postings of at least two of your classmates. Identify which testimony is hearsay and likely to be inadmissible. Identify which testimony is privileged communication and which is not Identify how the “Best Evidence Rule” functions in relationship to the witness testimony being proffered


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