OAR 255-032-0030: Evidence in a Murder Review Hearing

(1) Irrelevant, immaterial, or unduly repetitious evidence will be excluded, and privileges afforded by Oregon law shall be recognized by the presiding member. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs will be admissible. All offered evidence, not objected to, will be received by the presiding member subject to the presiding member’s power to exclude irrelevant, immaterial, or unduly repetitious matter. (2) In determining whether the evidence is material, relevant or reliable, the Board shall consider the following: (a) The age and source of the documents; (b) The ability of the witness to have observed and had personal knowledge of the incidents; (c) The credibility of the witness and whether the witness has bias or interest in the matter. (3) The inmate, the inmate's attorney, or the Board, may object to any evidence. Objections to evidence being introduced by the Board or the inmate may be made and will be noted in the record. The presiding board member must accept an offer of proof for excluded evidence. The offer of proof must contain sufficient detail to allow the Board or a court to determine whether the evidence was properly excluded. The presiding member shall have discretion to decide whether the offer of proof is to be oral or written and at what stage of the proceeding it will be made. The presiding member may place reasonable limits on the offer of proof, including the time to be devoted to an oral offer or the number of pages in a written offer. The Board may decide the following: (a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable; or (b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection. (4) The Board will consider all available relevant evidence for purposes of determining the inmate’s likelihood of rehabilitation within a reasonable period of time. (5) The Board and the inmate will have the right of cross-examination of each witness that testifies, and will have the right to submit rebuttal evidence.