New York Woman’s Podcast Could Be Weighed In Trial Of Killing Of NYPD Officer – Thelegaltorts

The Case For Internet Originalism – JONATHAN TURLEY

An arrest after the death of NYPD officer Anastasio Tsakos could raise some challenging questions of evidence in the trial of Jessica Beauvais, 32. Before Beauvais ran over Tsakos, she posted a podcast in which she not only drank but also signed off with “F ** K” Police.

Tsakos was turning traffic away from a fatal accident on a Queens freeway around 2 a.m. when he was hit by a Volkswagen in 2013. The driver fled the scene and Tsakos later died. When she was arrested, Beauvais’s blood alcohol level was 0.159%, well above the legal limit of 0.08%. There are also reports that she fought with police when she was taken into custody.

According to media reports, she jumped a curb, then put it in reverse and rammed a police car twice. After they are taken into custody, she is caught on a body-worn camera and says, “What did I do?” Court documents also cite it as a saying

“I smoke weed regularly. I drank two glasses of wine earlier today and then dropped my son off in Hempstead. I smoked a joint before my podcast in Brooklyn last night. The podcast was from 6:30 p.m. to 8:30 p.m. I brought the bottle of wine I had with me to the podcast. I had two shots of 1800 Patron Tequila. When I went I didn’t know where I was going so I used my GPS. I made a left turn and a right turn and ended up at a gas station where the police stopped me. I don’t know why they stopped me. I heard a slap so I knew I hit something, but I didn’t see what it was. “

Beauvais appeared to admit running over Tsakos when she was being led away in handcuffs. She told reporters, “I’m sorry I hit him and he’s dead. I did not want. I’m sorry! “When asked what she would say to his family, including his 6-year-old daughter and a 3-year-old son, Tsakos said,” I didn’t mean that, I’m sorry. I came out of the studio. I’m doing a podcast. “

That podcast – and that statement – is likely to play a huge role in any process. Admission can avoid a battle of evidence by reaching an agreement. However, if on trial, the defense will likely argue that the evidential value of the podcast is outweighed by its adverse effects.

The podcast shows Beauvais smoking and allegedly taking pictures of vodka while playing NWA’s “F ** k tha Police”. The accident happened some time later, but the consumption of the alcohol would be permissible if the time frame is tight enough. The Daily Mail reported that the podcast on Facebook Live took place just hours before the fatal crash.

It is the rhetoric against the police that would be more challenging. I would argue that this was a protected political speech and that its admission in such a case would be highly detrimental. There is no evidence that this was a deliberate act.

Beauvais voiced her anger at the trial of former Minneapolis police officer Derek Chauvin in which he was convicted of the death of George Floyd. Lines like the following would likely inflame the jury: “We can fight the police too. If you want to shoot me, get over it. What I say you won’t try me while I’m still breathing. As NWA says about the police – if you want to kill me, at least I can take someone with you. I am one of those people. If I leave someone will come. “

She also stated:

“Why do you need a gun to do your job?” She asks. “If you were afraid for your life, go to the Walmart secretary. Do us all a favor. Open a daycare center. But please stop hitting us with the (expletive) excuse that you felt threatened about something …

I don’t like barriers. That’s why I don’t like to work. And I don’t like rules …

We are not afraid of the police. Like these songs, fuck the police We want you to know that we have no idea about you, your mother, your children, your wife. You are nobody They are not for us: insecticides, cockroaches, infestations.

They love cockroaches. Nobody asks about you. It’s just boring to look at. Good, bad, or indifferent. Honest.”

There is ample evidence against Beauvais and in addition to her registration, she was driving with a suspended driver’s license at the time of the accident, police said. According to media reports, her driver’s license has been suspended 14 times and she has been charged with multiple driving ban violations. Her charges include two vehicle homicide and DWI cases. If convicted, she faces up to 15 years in prison.

Once again, its approval is expected to leave only one plea as a viable option. In such a case, the full replay, including the podcast, is likely to be in front of a judge during the sentencing, although the court often follows the prosecution’s recommendations in an objection agreement.

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