in this situation what is so special is, that if you re pulled over with probable cause. now there has to be probable cause for you to be pulled over for drunk driving. the state has very clearly stated, if we don t have the blood test immediately, the alcohol level dissipates. that is a farce. wait a minute. that is not necessarily a farce. what they re saying is, if someone denies their right for a breathalyzer, how else can they then prove the case? the probative value is so diminimus other than to the few people who are guilty. those who are innocent their blood test will reveal their innocence. may i, your honor? arthel: i appreciate you calling me your honor. keep that up. here s the point. arthel: yes, you may. thank you very much, arthel. hear is the point about dissipation of evidence. our technology nowadays allows us to find out exactly what your blood-alcohol level was at earlier time. it is called retrograde
package that was sent to her, was a notebook from holmes. you tell me, how could the evidence inside of those pages boller is the case of the prosecution? bolster the case of the prosecution? well, it depends on i m sorry, it depends on what s in that notebook. we re talking about these school records, why would they not be relevant? they could be relevant for any number of reasons, to show motive, reasoning, his state of mind. this is not a self-defense case, this is not a who dun it. really and truly the issue in this case is going to be his mental awareness, his if, indeed, he had some kind of mental illness. and here we re talking about getting access to records that show his grades, any essays he wrote, if professors are discussing them and their observations of him. all of those things are truly relevant. i don t see a basis for the defense to argue that they should not be turned over to the prosecutors here. arthel: john? well, the probative value has to outweigh the p
doesn t outweigh the probative value. most courts will say if convicted under a higher standard it s probative. doesn t feel right to me. it s funny, i got a it feels right to me. she s been convicted beyond a reasonable doubt. it s admissible in a civil case. we learned about collateral he is stop the and it feels right. my eyes use today glaze offense. fred, jennifer, stick around because we re going to talk about another case later on. thanks. a terrorist group reportedly claims responsibility for some deadly attacks in syria. a live report on into straight ahead. plus, word of a major scientific advance that could unlock some of the biggest mysteries of our universe. that is coming up as we approach the bottom of the hour, time now for the top of the news.
probative value, i think it s as useless as the g in lasagna. megyn: but they mentioned it at the hearing the other day. right. megyn: what is the g doing in there? it has no place in it. megyn: neither grapes, nor nuts. here s the deal, that came in because they were trying to talk about whether this is a person who presents a risk to the public safety, is he a viability individual, does he have a propensity towards violence, and they re looking at a history of domestic violence, whether mutual or not, therefore, he s a danger to society and given these charges, he should be kept incarcerated or have an appropriate amount of bail. mark s right, it s not coming into the trial as other evidence because it is too prejudicial. what does it have to do with what happened that night? it would prejudice the jury, it could affect an out i don t mean, and it would outcome. megyn: you can t just go with allegations, the ex-girlfriend saying this. it would be one thing if he had
probative value. judge napolitano: more would scratch their head over this case than the evidence. shepard: probative. probative. okay. thank you, gentleman. judge napolitano we will watch for you on freedom want, at 8:00 eastern on the fox business network which gives you the power to prosper. the texas governor rick perry admits he is not the best debater and poll show he is still losing ground to rivals and he is behind in his own state. so what does he have to do to turn the campaign around? [ dad ] i m usually checking up on my kids.