Another Gem from my Trial Transcript

This line of questioning is about the 'evidence' they claim to have found in my home. Exhibit 3 is the envelope containing the contraband. Pay close attention to what happens during this excange.

Players
Damon Lewis - Prosecutor (Q)
Eric McCain - Kindergarten Cop (A)
Wilson Myers - Defense Attorney (Q)

Q (BY MR. LEWIS:) AND TELL ME IF YOU RECOGNIZE
12 EXHIBITS 3, 4, AND 5.
13 A YES, I DO.
14 Q ALL RIGHT. AND, IF YOU WOULD, LET ME DIRECT
15 YOUR ATTENTION TO ITEM NUMBER THREE. WHERE DID YOU
16 FIND ITEM NUMBER THREE?
17 A IT WAS ON THE -- IN BETWEEN THE KITCHEN AND
18 THE LIVING ROOM AREA, RIGHT THERE ON THE TOP OF THE
19 COMPUTER, I BELIEVE.
20 BY MR. LEWIS: FOR THE SAKE OF ARGUMENT, CAN
21 WE SAY THAT'S THE COMPUTER AREA?
22 BY MR. MYERS: OKAY. THAT'S FINE.
23 Q (BY MR. LEWIS:) AND, WHAT, IF ANYTHING, DID

0042
1 YOU FIND AS STATE'S EXHIBIT NUMBER 3?
2 A I FOUND SOME ROACHES -- MARIJUANA.
3 BY MR. MYERS: YOUR HONOR, I WOULD OBJECT TO
4 HIS CHARACTERIZATION.
5 Q (BY MR. LEWIS:) I'LL REPHRASE IT FOR YOU.
6 LET ME DIRECT YOUR ATTENTION TO ITEM NUMBER FOUR. DID
7 YOU FIND ITEM NUMBER FOUR AS STATE'S EXHIBIT NUMBER 3?
8 A YES.
9 Q DID YOU COLLECT NUMBER FOUR?
10 A INVESTIGATOR MCALISTER COLLECTED THAT.
11 Q OKAY. AND THAT WAS SENT TO THE LAB FOR
12 ANALYSIS; IS THAT CORRECT?
13 BY MR. MYERS: AGAIN, YOUR HONOR, I OBJECT TO
14 THIS CHAIN OF CUSTODY AT THIS POINT. HE HAS TESTIFIED
15 THAT ANOTHER INVESTIGATOR IS THE ONE WHO COLLECTED IT.
16 AND THERE IS NO WAY THIS OFFICER --
17 BY MR. LEWIS: NO, NO. WAIT A MINUTE. YOU
18 CAN TESTIFY TO WHAT YOU KNOW. CHAIN OF CUSTODY GOES TO
19 THE WEIGHT OF CREDIBILITY, NOT ADMISSION.
20 BY MR. MYERS: BUT, AGAIN, YOUR HONOR, HE
21 JUST TESTIFIED THAT ANOTHER PERSON COLLECTED WHAT IT IS
22 THAT WAS FOUND IN THAT ENVELOPE.
23 THE COURT: REPHRASE THE QUESTION.

0043
1 Q (BY MR. LEWIS:) AND THAT WAS SENT TO THE
2 LAB; IS THAT CORRECT?
3 A YES.
Q NOW, STATE'S EXHIBIT NUMBER 3 IN PARTICULAR,
17 YOU COLLECTED THAT?
18 A YES.
19 Q DID YOU PROCESS IT FOR FINGERPRINTS OR
20 ANYTHING LIKE THAT?
21 A NO, I DIDN'T.
22 Q ALL RIGHT. AND TELL ME WHAT STATE'S EXHIBIT
23 NUMBER 3 IS.

0044
1 A IT'S A FEDEX BOX WITH MS. NALL'S NAME ON IT.
2 Q OKAY. AND THIS TIME THE STATE MOVES TO ADMIT
3 STATE'S EXHIBIT 3.
4 BY MR. MYERS: YOUR HONOR, WE WOULD OBJECT BY
5 THE VERY FACT THAT THE OFFICER HAS MISIDENTIFIED WHAT
6 THE EXHIBIT IS. AN OFFICER -- FOR AN EXHIBIT TO BE
7 ADMITTED INTO EVIDENCE, THE OFFICER MUST HAVE FIRSTHAND
8 KNOWLEDGE OR UNDERSTAND WHAT IT IS THAT HE'S GETTING
9 READY TO ADMIT.
10 IN THIS CASE HE CLEARLY DOES NOT. THAT IS NOT A
11 FEDEX ENVELOPE. FEDEX HAS NOTHING TO DO WITH THAT
12 ENVELOPE. SO CLEARLY THE OFFICER DOES NOT -- THE
13 WITNESS DOES NOT UNDERSTAND WHAT IT IS HE'S LOOKING AT,
14 NOR UNDERSTAND WHAT HE'S ASKING THE COURT TO ADMIT.
15 Q (BY MR. LEWIS:) READ WHAT IS ON THAT
16 ENVELOPE.
17 A A FLAT-RATE ENVELOPE, POSTAGE RATE REGARDLESS
18 OF WEIGHT, PRIORITY MAIL, UNITED STATES POSTAL SERVICE.
19 Q IT LOOKS LIKE A FEDEX ENVELOPE, RIGHT?
20 A YES.
21 Q BUT THIS IS THE ENVELOPE YOU COLLECTED AT THE
22 SCENE; IS THAT CORRECT?
23 A YES.

0045
1 Q THIS IS IN THE SAME CONDITION AS IT WAS THAT
2 DAY; IS THAT CORRECT?
3 A YES.
4 BY MR. LEWIS: WE MOVE TO ADMIT THIS EXHIBIT.
5 BY MR. MYERS: AGAIN, YOUR HONOR, WE WOULD
6 OBJECT ON THE BASIS THAT THE DISTRICT ATTORNEY HAD TO
7 IDENTIFY FOR THE WITNESS WHAT THE EXHIBIT WAS. THAT IS
8 NOT A REASONABLE BASIS FOR THE ADMISSION.
9 THE COURT: IT'S ADMITTED OVER YOUR
10 OBJECTION.
--------------

On every piece of documentation I have from the warrant and arrest that envelope is identified as a FedEx envelope. But, it wasn't a FedEx envelope they had in court, it was a USPS Priority Mail envelope. And the judge overruled our objection and allowed it to b e admitted as evidence against me anyway. Can you believe that? And this case is still going on and on and on.