 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Brewer v. State1/26/2005
tion of Sherida Brewer's conduct, Judge Kauvar could reasonably have concluded that Hazelaar's characterization of Sherida Brewer as "yelling and screaming" was only marginally relevant to the issues at trial. In addition, it is not obvious that the audiotape would have impeached Hazelaar's testimony-soon after Hazelaar testified that Sherida Brewer had yelled and screamed at him, Brewer asked him what he meant by yelling and screaming. Hazelaar explained that to him that yelling and screaming meant that a person was addressing him with a raised voice while telling him to do something. As Judge Kauvar noted, the audiotape supported this characterization of Sherida Brewer's behavior.
In light of the evidence's marginal relevance, Judge Kauvar could properly conclude that the potential prejudice of evidence setting out the detrimental consequences that a drunk-driving conviction would have on Brewer's career and his family outweighed the evidence's probative value.
Brewer also claims that he was prejudiced by Judge Kauvar's ruling because Hazelaar left the jury with the impression that the Brewers were "a couple of screaming drunks." But Hazelaar never testified that Brewer himself had yelled or screamed. And Hazelaar explained to the jury that to him, yelling and screaming meant that someone was speaking to him with a raised voice and telling him what to do. Furthermore, Brewer played other portions of the audiotape from which the jury could determine whether Brewer was yelling or screaming. Finally, Judge Kauvar provided Brewer the opportunity to have his wife testify to refute Hazelaar's version of her demeanor.
Based on our review of the record, we conclude that Judge Kauvar did not abuse her discretion when she excluded the contested portion of the audiotape.
Conclusion
The judgment of the district court is AFFIRMED.
Page 1 2 3 Alaska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|