Mamta Kafle Bhatt Trial: Judge Blocks Abuse Allegations From the Jury — Day 11

[00:00:00] Speaker 1: scenario you're making, and I want to make sure the record is perfectly clear, I do not think the rules of evidence change based on how hard this case is for you to prove, meaning we don't get a relaxed standard simply because you don't have the instrumentality of a crime that you normally have in a homicide that can't possibly be the law. I realize that Jordan was also a no-body homicide, but if you'll note, I am not biting into any of that, and I don't want the record to think at any point that I make a ruling that bends the rules because this case doesn't have a body. I don't know of any case that suggests that that's how this goes, with the exception of understanding there's a balance of probative versus prejudicial and how we get to that, but that's not what we're really discussing right now. So just so the record is clear, I am not adopting your scenario that somehow this is different because you don't have the body. I have to deny your request to put these in. I'm going to sustain the objection in your case in chief. I don't think that you make out this in the clear way that the court contemplated in Jordan if what you're planning on getting is her conversation with MAMTA about prior issues, unless you have some of this that is communicated to the defendant. And if you're going to link it up there, tell me now so that we don't send them back out. [00:01:33] Speaker 2: I want to just be very clear on what the court is ordering. Certainly the court contemplated the abuse [00:01:50] Speaker 1: for two years, the divorce. I did. I contemplated that, but the defense is right on her, on her objection to it. Um, I certainly see where if there was somebody who could say, I'd watch her be abused for two years, that, that, that could come in. I just don't have that. I've got her statement. So I've got a hearsay statement about prior abuse. That's not made close in time. [00:02:16] Speaker 2: And then as far as the defendant's own statements that have already come into evidence in the interview with Captain Walker telling them that they threatened to divorce each other, I think that is adequately [00:02:30] Speaker 1: communicated to the defendant. Yes, I would allow you to talk then about, about the conversation with [00:02:37] Speaker 2: regard to divorce. You are correct. And also in the same interview, Naresh tells the Captain Walker her during the interview about going to couples counseling. Is that also accepted? That will also be in. Thank you. Remember that. Get him in trouble, but I'm suffering a lot. It is a present [00:02:55] Speaker 1: statement about her current suffering. I'm suffering a lot. It's going to come in. That is a present [00:03:00] Speaker 2: statement. I am. And then what were your initial impressions of Mamda? She was very kind. [00:03:10] Mamda: Very kind. Very kind. And she was very helpful, very modest. You were working with her? Yes, I did. About how much time would you say you were spending with Mamda when you were working? Actually, I was her preceptor. So I was training her and we spent like entire 12 hours, three days in a week. So I spent 36 to 40 hours for like two or three months continuously. We are like two people, but like, you know, one person like that. Could you explain to the members of the jury what a preceptor is? Preceptor is the one role of the nurse. So when you nurse hired and they are in the unit. So preceptor has the role and responsibility to, you know, train them. And for Mamda, she was basically, you know, brand new in the, I mean, American hospital. And I was, you know, training her clinical part. And what was the name that Mamda was using to refer to Neresh? Do you want me to tell you? If you could say the name? Okay. That is Raza and Raza means king. That Raza and Raza means king. [00:04:30] Speaker 2: Overruled. Thank you, Your Honor. And based on your familiarity with the Nepali culture, what, if anything, does that name signify to you? [00:04:47] Mamda: That signifies the ownership and as well as love. Both the state. [00:04:54] Speaker 2: Did you notice anything about Mamda when she returned to work in December of 2023? Yes, I saw a bruise on her face. Where on her face did you see the bruise? [00:05:07] Mamda: Uh, I would say maybe this, you know, this right here, around here. [00:05:13] Speaker 2: In the sources of the record, the witness is pointing to the left side of her face below her eye. [00:05:17] Mamda: Yeah. [00:05:18] Speaker 1: The record will reflect that. [00:05:20] Mamda: What color was the bruise? It was dark. [00:05:25] Speaker 2: Did she tell you how she got the bruise? She told me she fell down. [00:05:34] Speaker 1: Understood. [00:05:34] Speaker 2: Thank you. What, if anything, did Mamda tell you how she got the bruise? In December. [00:05:40] Mamda: In December. Yeah. She said she fell down.