By Matthew Russell Lee, Patreon Maxwell book
BBC - Honduras - CIA Trial book - NY Mag
LITERARY SDNY, Oct 12 – Plaintiff Anthony Rapp had been crossed and re-crossed, had been asked about hitting his mother and being hit by his now husband when at least the "next witness" was called.
He was Chris Hart, Rapp's friend from Joliet, now flown in from San Francisco on the dime of Rapp's law firm and staying overnight at the Hampton Inn.
But that wasn't what Kevin Spacey's lawyers wanted to know. A question was asked on cross; Rule 412 was invoked and soon Judge Kaplan was ordering everyone including Kurt Wheelock out of the courtroom.
Kurt went down to the SDNY Magistrates Court and covered a few cases; he went up to Judge Woods' on the 12 floor and sat with the Marshals waiting to handcuff and remand a defendant who'd just pled guilty to being a felon in possession of a firearm. Kurt tweeted and blogged it.
But when Wheelock went back up to 21, the courtroom was still sealed. He went back down to his laptop in the Press Room and looked up Rule 412:
"Rule 412. Sex-Offense Cases: The Victim Primary tabs (a) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim’s sexual predisposition. (b) Exceptions. (1) Criminal Cases. The court may admit the following evidence in a criminal case: (A) evidence of specific instances of a victim’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence... Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must be and remain sealed. (d) Definition of “Victim.” In this rule, “victim” includes an alleged victim."
But had the rule really been written for this? Kurt finally got back in as $450 dollar an hour expert Rocchio took the stand, as she had in the Ghislaine Maxwell trial. More on Patreon here
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