Legal Question in Criminal Law in Maine

A friend was convicted of theft of services, none of which was true. the company filing the suit submitted 6 sets of discovery for the same Edocuments. None of which matched. Seems clear they were tampered with. Edocuments were not in their native form. Emails with the correct information in them were suppressed by the judge who stated they were not official business records. (these emails were sent on company time via the company server.}I feel the lack and suppression of Best Evidence drove the jury to an incorrect verdict. thoughts?


Asked on 11/05/12, 1:11 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The rules of evidence define "business records" in a particular way. Documents which qualify as business records are usually admissible even if they would otherwise be improper hearsay. Merely being an email sent on company time via a company server does not make a document a business record. The judge's decision may well have been correct.

Your friend should get an appellate lawyer to review his case and represent him on appeal. If he cannot afford one, the appeals court should appoint one to represent him.

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Answered on 11/06/12, 11:18 am


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