Appellant Name: Rachel Pilota
Appellant Attorney(s): Cyrus Raven
Appellant Attorney(s): Cyrus Raven
Trial Docket Number: #23-CM-0025
Presiding Trial Judge: Honorable Hugh Allgood
Notice of Appeal Filed:
Presiding Trial Judge: Honorable Hugh Allgood
Notice of Appeal Filed:
- [X] Before Verdict
[ ] After Verdict
Reason for Notice of Appeal:
- [X] Motion to be overturned
[ ] Errors in the trials procedure
[ ] Errors in the judge's interpretation of the law
[ ] New evidence proving appellants innocence
- The Defense believes that part of the ruling made on the motion to suppress Exhibit #3 (see HERE) is not in line with previous rulings in the Superior Court that have established precedent on what evidence is allowed under the hearsay exceptions and the court's view on directly quoting individuals outside of the courtroom. Specifically,
PrecedentI will be allowing the portion stating, "I asked about her interactions with Waldo and she admitted during her statement saying and I quote "I heard on the radio that he had a gun so I ran him over in self-defense;". This is a statement made by Detective Sage recalling a conversation he personally had with the defendant, who (according to Detective Sage, and there being no evidence to the contrary) provided this statement willingly. Furthermore, this statement will be allowed under hearsay exception, "Official records by public employees are writing made by a public employee as a record of an act or event. The writing must be made within the scope of duty of a public employee". As the written statement commonly used by members of the judicial branch are sent to public employees to detail an act or event, and these statements are made within the law enforcement officers' scope of duty. Detective Sage's personally recollection of what the defendant said to him is a record of that event.