Originally Posted by smixsell
Interesting. Braun's statement's made in asserting his defense do tend to corroborrate the authenticity of the records, so it's not good news at all for the other players involved.
As for hearsay objections, I don't think MLB's investigations are limited by the Federal Rules of Evidence so not too big a deal there. In the case of civil or criminal prosecution I don't think that Braun's statements will affect admissability much at all, but they may impact the weight of the evidence by corroborrating the accurracy of the information the document's contain.
Sorry to confuse you Smixsell... I was not trying to make any statement about the MLB investigation or subsequent case. I have no idea what rules they have negotiatied with the union concerning investigations and findings.
I was just using legal concepts, which are largely based on common reason, to show how Brauns comments undercut the claims of the other players. I used 801 and 803 to counter the discussion among the talking heads that "... there is no evidence until Bosch comes forward and talks about the documents." This is basically a hearsay objection to the records, even though they are not couching it in legal terms, but made in the court of public opinion. My point is that if our court system, the agency our government tasks with deciding truth, would consider the records probative and having indicia of reliability despite appearing to be in the realm of unreliable hearsay (the jurisprudence behind 801 and 803), then certainly our public should give them weight.