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08/10/2006: "Dean Zimmermann Convicted, Judge makes reversible Error"

Today, August 10th, 2006, Dean Zimmermann was convicted of three counts of bribery.
My heart goes out to Dean and his family.

During the Trial, one of the major questions of fact for the jury to decide was if the $5,000 that Dean admitted he accepted was, in fact, a bribe or a legal donation to a legal effort. Dean introduced a voided check made out to the legal committee to demonstrate that he intended to keep the money.

The prosecution tried to say that the check should not be believed. That is was most likely created recently and was not a year old.

The defense did call the person Dean offered the check to, and he testified that he would not take it as there was no account to out it in.
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The defense also offered to produce witnesses who would testify that Dean told them at the time of the donation, the check and its purpose. Judge Ann Montgomery would not allow this testimony.

Her ruling, was that this testimony would have been hearsay, was wrong, and might have made a difference to the jury.

In simple terms, the hearsay rules prevents evidence of the truth of a statement from being introduced from other that the person making the statement. The important point here is that the issue is not the truth of the statement, it is the fact that the statement was made. To this fact, the witnesses testimony was not hearsay.

No decision has been made on the appeal as of right now.