A. ARGUMENT
I. THE TRIAL COURT ERRED IN EXCLUDING LT. CHEONG’S TESTIMONY REGARDING PERTINENT TRAIT OF CHARACTER OF MR. ASBURY, WHICH WITHIN REASONABLE PROBABILITY AFFECTED THE OUTCOME. The trial court’s decision on excluding evidence is reviewed under an abuse of discretion standard. (Callihan). A court abuses its discretion where its decision is based on untenable ground or for untenable reasons. The trial court erred by excluding testimony regarding Mr. Asbury’s reputation for lack of animosity toward police officer from Mr. Asbury’s involvement in the disproportionality committee. The disproportionality committee is a valid community on which to base a reputation for lack of animosity toward police officers.
a) Lt. Cheong’s testimony …show more content…
Reputation evidence is admissible when it comes from a valid community, which must be both neutral and general. State v. Land, 121 Wn.2d 494, 500, 851 P.2d 678 (1993). In its determination, the court may consider the following factors: the frequency of contact between members of the community, the amount of time a person is known in the community, the number of individuals in the community, and the role a person plays in the community. Id at …show more content…
See State v. Callahan, 87 Wn. App. 925, 936, 943 P.2d 676 (1997); Land, 121 Wn.2d at 499. Consequently, the courts in Washington have expanded the definition of community to include more types of communities rather than just the area in which a person resides. Land, 121 Wn.2d at 499. The courts recognize that limiting the scope of a community to residential community hinders the purpose of the evidentiary rule, which is designed to facilitate testimony from those who knows the witness’s reputation. Id.
In this case, the Disproportionality Committee consists of volunteers from both the community and the police department. The committee members come from diverse backgrounds, attend monthly meetings, and converse on a complex issue of improving relations between police and community, an issues interrelated with a variety of other factors such as race relations, homelessness, education and a myriad of other issues that intersect with advancing police and community
I. THE TRIAL COURT ERRED IN EXCLUDING LT. CHEONG’S TESTIMONY REGARDING PERTINENT TRAIT OF CHARACTER OF MR. ASBURY, WHICH WITHIN REASONABLE PROBABILITY AFFECTED THE OUTCOME. The trial court’s decision on excluding evidence is reviewed under an abuse of discretion standard. (Callihan). A court abuses its discretion where its decision is based on untenable ground or for untenable reasons. The trial court erred by excluding testimony regarding Mr. Asbury’s reputation for lack of animosity toward police officer from Mr. Asbury’s involvement in the disproportionality committee. The disproportionality committee is a valid community on which to base a reputation for lack of animosity toward police officers.
a) Lt. Cheong’s testimony …show more content…
Reputation evidence is admissible when it comes from a valid community, which must be both neutral and general. State v. Land, 121 Wn.2d 494, 500, 851 P.2d 678 (1993). In its determination, the court may consider the following factors: the frequency of contact between members of the community, the amount of time a person is known in the community, the number of individuals in the community, and the role a person plays in the community. Id at …show more content…
See State v. Callahan, 87 Wn. App. 925, 936, 943 P.2d 676 (1997); Land, 121 Wn.2d at 499. Consequently, the courts in Washington have expanded the definition of community to include more types of communities rather than just the area in which a person resides. Land, 121 Wn.2d at 499. The courts recognize that limiting the scope of a community to residential community hinders the purpose of the evidentiary rule, which is designed to facilitate testimony from those who knows the witness’s reputation. Id.
In this case, the Disproportionality Committee consists of volunteers from both the community and the police department. The committee members come from diverse backgrounds, attend monthly meetings, and converse on a complex issue of improving relations between police and community, an issues interrelated with a variety of other factors such as race relations, homelessness, education and a myriad of other issues that intersect with advancing police and community