Justice D’Emic
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DEFENDANT, accused of violating orders of protection issued in favor of his ex-girlfriend and their child, moved to preclude introduction of a certified copy of the order. Prosecutors moved to require defendant to provide handwriting exemplars for jury comparison. The court granted the motion, stating that as the unsigned letters in question would probably be a point of dispute during the trial, defendant was ordered to provide a handwriting exemplar of reasonable length in open court. It noted that as handwriting was a non-testimonial, neutral, physical act, it lay outside the scope of defendant’s Fifth Amendment privilege against self-incrimination. The court further denied defendant’s motion to preclude introduction of a certified copy of the protection order. It stated, contrary to defendant’s contention, introduction of a court certified document did not constitute impermissible hearsay. Noting that certified or original court records were self-proving without the need for further testimony, the court permitted prosecutors to present such evidence on their direct case.
