Romero_Trial_Transcript_8_25_04_53_2

8-25-04 Trial Transcript
9 contains his assessment of the situation prior to the
10 assassination of Romero.
11 And I'm sorry, I omitted one additional document,
12 which was Exhibit Number 128, which was the English
13 translation of the Saravia diary.
14 To address the evidentiary basis for moving them into
15 evidence, first of all, with regard to the purpose for moving
16 them into evidence, the purpose for which we seek to use them
17 is indeed twofold. And you did identify them.
18 One is to show the lack of legal recourse in El
19 Salvador, and two, is to provide evidence of the
20 responsibility for the crime itself, some of which is a little
21 more direct than others. Some speaks more to the context in
22 which these events took place and makes them understandable on
23 the events that did take place and for which we seek to hold
24 the defendant responsible.
25 THE COURT: It seems to me that the first ground,
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1 lack of legal recourse, that the evaluation by the Ambassador,
2 the working group, would be expressions of the states of minds
3 of policy makers charged with reporting on the circumstances
4 that then existed, and would be admissible for the fact that
5 all of that material was discussed and gathered, not
6 necessarily for its truth and for the underlying hearsay
7 opinions that are on top of the Ambassador's opinion.
8 Certainly, and this gets into very complex law,
9 whether, in his deposition he is an authorized witness on
10 behalf of the United States to express a government opinion
11 about conditions is something that has not been addressed by
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