Comments enclosed in parenthesis are Danielle’s. Mine are preceded by asterisks and parenthesis.
33 Tape 17
Judge: We are back on the record.
Guardian: Judge, I know that you have ruled that you are not going to
admit these records that we have for the purpose I guess of them being
true. I assume is the court making any ruling as far as if they are
introduced for impeachment purposes ——————?
(Bear in mind, there was a “break” before this. Kirby successfully kept
their illegally obtained medical records and then they wanted a
break….Danielle saw attorneys coming out of a room with the judge. We
went back into the room and Allison Miller, just so happened to start
asking this question about “impeachment”. )
Judge: Well, let’s make that ruling when we get there.
****(In order to be better able to use ANYTHING against you, including
non-admissable evidence, this court room will leave no stone unturned.
Still feel like parents should trust the Guardian Ad Litem or want to work
with them in any way?)
Judge: I think it’s a little early like that.
****(Oh, but they are alluding to the fact that they have many tricks to
pull out of the legal bag when they are needed?)
Mr. Kirby: I guess while we are asking are we going to allow any
testimony as to…uh…by an expert who would examine those records?
****(You mean like to see if they are even actual correct records of Mr.
Holm? Minor detail, correct?)
Judge: Well, let’s cross that bridge when we get there because there may or
may not be other issues that that person could testify about.
****(We are at the bridge, Ms. Judge. If they aren’t his records should that
not be determined first? Lots of testimony is being entered into trial based
on erroneous so-called findings of these records. Again, minor detail I
Judge: I think saying at this point yes, I am going to exclude or no, I am
not going to…I think the issue is immature at this point in the trial.
Judge: We are back on the record. Just a matter of housekeeping before we
get started. I have what was handed to me this morning.
I report to the court for this phase of the proceeding.
Do you have it?
Mr. Kirby: Uh…yes, ma’am.
Judge: Okay, because I have not reviewed this yet. Ms. Miller, you have
Ms. Miller: I do. And it was court produced by the department. Big mouth
full of words there. Haven’t had enough coffee this afternoon. Okay. Any
other motions here that we need to address that we can think of?
Mr. Schlenker: Your honor, in light of the court’s last ruling, we would
move to offer the records from Savannah Mental Health as impeachment.
The court has taken judicial notice of the following required testimony.
They contain inconsistent statement. We contend that it is inconsistent
with his prior testimony, specifically that he stating he has only been
diagnosed with depression and ADHD. And I believe that the records
indicate that it was something else, so at this time we would offer them for
the purposes of impeachment on———————————that the matter
(So, let me get this straight….they want to get the inadmissible, records
that were DEEMED inadmissable by the judge based on the fact that they
are NOT valid, NOT true, NOT authenticated and NOT certified….now
they want to get these false records in saying that Christian, who DOES
NOT LIE is lying about his own diagnoses and what he was honestly
stating he had, and why he was previously on medication??? He STATED
he had depression and ADD (NOT ADHD), because that is the ONLY
thing he has ever been told by ANY medical professional that he was
diagnosed with and the ONLY thing he had ever been on medication for.
So, now they want to call him a liar because the WORD “schizophrenia”
by ONE of MANY doctors he has been to stated he may have
schizophrenia because of SIDE EFFECTS of the medications they had him
on at the time?? They cannot admit medical records in as evidence of
anything if they are FALSE, and they surely cannot admit them in if these
FALSE records have a FALSE diagnosis and Christian is TELLING THE
TRUTH ABOUT HIS DIAGNOSIS of DEPRESSION AND
ADD…Impeachment??? Maybe the JUDGE should be impeached for
allowing this ABUSE on innocent parents.)
Mr. Kirby: Judge, the records are inadmissible regardless of…for any
purposes. They are inadmissible in this matter. Improperly served by
authenticated…so we would object to any kind of attempt by the state to
get the records in through impeachment.
****(Why do I get the feeling that none of this matters? Let us see how
the judge manages to get the records in anyway, shall we? Just call me
Mr. Kirby: There just not…they are not admissible and we would ask the
court to direct this witness that she would not testify as to anything in
Judge: Well, I don’t know what she is going to testify to yet.
Mr. Kirby: Well, I don’t know what she is going to testify to yet but if it
has to do with anything that was in these records that was covered in my
motion and liminae that if Ms. Couch is testifying as an expert they cannot
testify as to inadmissible records.
Judge: Mr. Schlenker?
Mr. Schlenker: No further, judge.
Judge: Okay, and you are asking me to admit these as far as impeachment
to the prior statement of Mr. Holm made in shelter care that judicial notice
Mr. Schlenker: Correct.
Judge: And not to the truth of the matter asserted?
Mr. Schlenker: Correct.
****(Truth? They are talking about truth?)
Judge: Is it your intention to utilize those records from that ————other
testimony or anything like that?
Mr. Schlenker: Not at this time, judge.
****(So, that answer is yes.)
Judge: Based on that assertion I think that it is appropriate to admit them
as impeachment to Mr. Holm’s prior testimony at shelter care.
****(Of course, you do.)
(His testimony at the shelter hearing was TRUTHFUL and these NONcertified,
FALSIFIED records are NOT…but you will use the lies over the
truth, right because you DO NOT KNOW GOD, so you are OKAY WITH
****(Well, she just said…not to the matter of the truth asserted, correct?
Truth is not a problem here.)
Judge: I haven’t read them. I think you’ve reviewed them somewhat.
Christian: Well, they’re not certified.
Judge: And I understand that they are not certified…
****(Legal technicalities. No problem for the state.)
Judge: …but as far as admitting into evidence, as far as evidentiary basis
itself they would not be a document that would be admitted as far as a true
and correct document. Is that correct?
Mr. Schlenker: Correct, judge.
Mr. Kirby: Judge, we would object to any testimony based on Ms. Couch’s
having reviewed these records that are inadmissible.
Judge: Let me double-check right quick. Just a ;matter of housekeeping. I
have not marked this.
Mr. Schlenker: Judge, we would ask that you mark it as DHR’s…
Judge: And since it was a very big contention I would really want to mark
it. That way we can identify what document we were speaking about when
I said your authentication is not appropriate.
Mr. Schlenker: So, 7 judge?
Judge: Oh, so what did I do with my list? Yes. 6 was not admitted, 5 was
not admitted. 7…
Ms. Schlenker: Yes, ma’am.
Judge: …not admitted as to the truth of the matter, asserted, but is it
understood for impeachment.
Mr. Kirby: ———-again, note on the record that we object to this. The
state is quite obviously wanting to get this in I believe for the truth of the
Judge: I’m listening.
Mr. Kirby: The records are what they are. They are not admissible and Ms.
Couch can’t testify to them so note that objection on the record.
****(I am going to predict that you can object all day long but watch if
Ms. Couch doesn’t testify to the inadmissible notes. I am not being
prophetic. I just see how this is going.)
Judge: I do note that objection. I will say this. At the time when Mr. Holm
was on the stand and took the 5th to this, that objection was not pending.
And for me, bringing these in for impeachment purposes pretty much has
already been done. It is almost a moot issue at this point because that
happened on the 5th. Nonetheless, I don’t know what about the testimony
they are trying to elicit from Ms. Couch and we’ll just go step by step.
Ms. Couch, if you will raise your right hand. Do you swear to tell the
truth, the whole truth, and nothing but the truth?
Ms. Couch: I do.
Mr. Kirby: Judge, is there any way to change the batteries out before we
Judge: We could. Let’s do that.