- Joined
- Dec 28, 2014
If they did a rape kit on Barb and Chris's jizz was in her, there was other physical evidence of rape, etc., it's pretty hard to say it was just made up. There are a few issues. Hearsay, because these are out of court statements used to prove the truth of what Chris said out of court, but it probably falls under the adverse admission exception, and Chris is actually in court to rebut the evidence if he chooses, and if Chris actually does choose to testify and denies he did what he admitted to, it would be a prior inconsistent statement.It's all hugely prejudicial and there's plenty of previous instances of OPL getting so wrapped up in troll attempts even to his detriment in the past that an easy defence is "he made it up to please her."
Since it probably is admissible, it is up to the court to decide whether it's more prejudicial than probative. It is hugely both. However if there's also physical evidence, that context makes it much more probative than prejudicial, because the physical evidence would speak for itself and overshadow any potential prejudice. If there is zero physical evidence, though, and Barb claims it never happened, then I could see excluding it based on prejudice.
In any event, what Chris described would very likely lead to physical evidence, so the lack of physical evidence would be strongly suggestive it was in fact made up. And if Barb gets cold feet and refuses to testify or actually testifies on behalf of Chris, something that happens fairly often in domestic cases, that really nukes the prosecution's case.
I'd say though that barring such unlikely events, the audio will be admitted, if a chain of custody is established, at least.
If Queen Ween ends up in legal trouble in Texas for the other crimes she committed, it's possible the agencies cooperate and cut her some kind of bullshit plea in return for confirming the legitimacy of the chats (and providing the rest of them) and testifying. It's pretty unusual for that to happen but so is the entirety of this situation.