Romero_Trial_Transcript_8_25_04_53_2

8-25-04 Trial Transcript
19 its authenticity, and its reliability, because, in other
20 words, I'm not being frivolous when I suggest this, but:
21 Saravia is my enemy. He killed a member of my family in El
22 Salvador. And I then write out a diary in Spanish and I cause
23 that, through some channel, to be delivered to the U.S.
24 Embassy with the hope that some action will be taken against
25 Saravia.
200
1 So if we are offering this as an admission of
2 Saravia, we have got a major problem with foundation. Because
3 you have got to link it to Saravia. The handwriting would
4 have to be identified. A witness would have to say, "I took
5 the," if you will, "diary from his person or immediate
6 presence. I was a member of the search team." The normal
7 means of identification. As in any criminal case, to try to,
8 if you are going to use it as an admission against penal or
9 civil interest, you have got to have -- the fact it's in the
10 hands of the United States Embassy doesn't authenticate that
11 it's Saravia's.
12 MR. Van AELSTYN: Understood, your Honor. I will
13 represent at this time that there is a wealth of evidence
14 concerning how that document was obtained during the action on
15 May 7, 1980, at the San Luis Finca, at which Saravia and
16 others were arrested by the junta and it was found at that
17 time in their possession, less than two months after the
18 assassination of Archbishop Romero.
19 THE COURT: How is it that there are two versions?
20 MR. Van AELSTYN: Let me be clear. They are not
21 different in substance. They are different photocopies. The
22 only substantive difference, and it's not substantive, is the
Page 16