Admissible evidence

Authenticated.

Admissible.

What'd you do? I arrested, blah, blah, blah.

That's it.

Okay, got it.

Now, we discussed admissibility, but what about the probative value of the evidence? And maybe it's good to explain this to our listeners, Judge, the difference between admissibility and probative value.

Admissibility does not automatically mean that evidence is enough to prove a fact.

There's an important difference.

Admissibility asks whether the court may legally consider the evidence at all.

Evidence is admissible under the rules when it is relevant to the issue and is not excluded by the Constitution, by the law, or by the rules.

Provative value or weight asks how strongly the admitted evidence proves the fact in question.

Let's take a closer look at what that is.

According to the Commonwealth, the Bowdoin defense is, quote, evidence that certain tests were not conducted, that certain police procedures were not followed, or that certain information known to police about another suspect was not investigated in circumstances in which it was reasonable to expect that police should have conducted SUCH TESTS, FOLLOWED SUCH PROCEDURES, OR INVESTIGATED SUCH INFORMATION IS ADMISSIBLE.

ALL RIGHT.

SO REDDINGTON, ONCE AGAIN, HE BROUGHT IT UP IN COURT, AND HE'S SAYING, AGAIN, THIS SHOULD HAVE APPLIED, AND HE PUT ALL OF THE REASONS WHY, THE THINGS THAT WEREN'T TESTED, LIKE THE LEMONADE BOTTLE AND WHAT WAS IN THERE AND THE BANS DIDN'T HAVE HER DNA ON IT.