Terence M. Bennett - Page 18

                                                - 18 -                                                  
            list was used in determining petitioner's divorce settlement                                
            obligation.  We simply do not believe that petitioner would have                            
            included these automobiles on the list if he did not, in fact,                              
            own them.  See Masson v. New Yorker Magazine, Inc., 501 U.S. 496,                           
            512 (1991) ("we assume 'that persons do not make statements which                           
            are damaging to themselves unless satisfied for good reason that                            
            they are true.'") (citations omitted); cf. Fed. R. Evid.                                    
            804(b)(3) (allowing the admission of statements against a                                   
            declarant's interest as an exception to the rule against                                    
            hearsay).                                                                                   
                  The testimony of former New Hampshire State Police Officer                            
            Donald Gates further confirms our conclusion that petitioner                                
            owned the automobiles in question.  Mr. Gates had been assigned                             
            to investigate a robbery at petitioner's house on or around April                           
            3, 1990, and a fire approximately 2 weeks later at a location                               
            where petitioner stored automobiles.12  Through the course of his                           
            investigation, Mr. Gates learned that petitioner needed to sell                             
            several of his antique automobiles in order to finance his                                  
            divorce settlement with Linda Bennett.  Given the prior robbery                             
            and the fire, Mr. Gates inquired about these automobiles and the                            
            status of the sale in order to determine whether petitioner might                           
            be the potential target of future crimes.  When asked about his                             




                  12Neither occurrence is relevant to this case.                                        




Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011