Legal Question in Military Law in Washington

Re: Newspaper Articles used as court evidence???

While I generally agree with Mr. Puckett's response, the answer is far more complex and the question does not give enough facts to give a reliable answer. It may not be hearsay, depending on how the "articles" are used, e.g., simply as proof that reporters were present for an event, or that something specific happened on that date, time and location.

There are many complex variations of all of this, and if your question involves the Army's prosecution of the 1Lt at Fort Lewis, I would be happy to give you more specifics provided that you do not already have an attorney concerning this matter (in which case you should consult your own counsel), if you email me privately.

Good luck,

Don Rehkopf

[email protected]

Re: Newspaper Articles used as court evidence???

The articles themselves would be hearsay evidence, and in most cases, prohibited by the Military Rules of Evidence, unless there is no objection by the opposing party. However, if the accused in a court-martial gave an interview to the reporter, the reporter could testify as to what the accused told him or her. Normally, statements made by someone who is accused of a crime are not hearsay. The articles may be admitted for other purposes, however. One example would be to demonstrate the nature and extent of pretrial publicity in a case, if that becomes an issue. But normally that sort of issue is raised by the defense.