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To: NCjim

The defense cannot cross examine, makes for great tabloid news but its not admissible.


15 posted on 06/11/2011 5:38:47 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

The rules regarding testimony are more complex than you seem to realize.


18 posted on 06/11/2011 5:43:29 AM PDT by wideawake
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To: driftdiver

I’m wondering... If it isn’t admissible in an actual court case (because she can’t be cross-examined), would it have been a tool during Grand Jury hearing?


34 posted on 06/11/2011 6:10:52 AM PDT by MayflowerMadam
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To: driftdiver

“The defense cannot cross examine, makes for great tabloid news but its not admissible.”

Check your rules for exceptions to hearsay testimony.


59 posted on 06/11/2011 6:47:44 AM PDT by Buckeye Battle Cry (Terrorism is nothing more than Kinetic Islam)
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To: driftdiver
The defense cannot cross examine, makes for great tabloid news but its not admissible.

It's been 25 years since I studied evidence. I recall, though, that dying declarations are not only admissible, but are one of the few exceptions to the hearsay rule. It could be that Elizabeth's death was not sufficiently imminent when the tape was made to qualify as a dying declaration, however. And like another poster said, even if it's not admissible as testimony she could have pointed authorities to other evidence or witnesses.

61 posted on 06/11/2011 6:49:13 AM PDT by KevinB (We'll stop treating Obama like a dog when he stops treating us like a fire hydrant - Fred Grandy)
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To: driftdiver
The defense cannot cross examine, makes for great tabloid news but its not admissible.

It's a little more complicated than that. Like all other hearsay evidence, the rule is no absolute. For example, the tape can be used to rebut testimony provided by the defense. If nothing else, the existence of a tape like this limits some of the options the defense may have.

111 posted on 06/11/2011 10:23:47 AM PDT by CharacterCounts (November 4, 2008 - the day America drank the Kool-Aid)
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