Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: freedomrings69
I always thought hearsay evidence was inadmissable.

Her testimony, truthful or not, is not hearsay. She was a primary witness, albeit subject to the limits of telephony and the length of the call.

Hearsay doesn't refer to the human ear. What the ear hears is admissible, if the ear was listening to an actual event. Hearsay is second-hand accounts. So and so told me such and such is not admissable, whether by ear or by email, letter or whatever.

81 posted on 04/12/2012 10:12:53 PM PDT by cynwoody
[ Post Reply | Private Reply | To 71 | View Replies ]


To: cynwoody
It's mostly not hearsay. Anything she hears as to the altercation is direct evidence.

To the extent the prosecution uses her to testify to a declaration that Trayvon made in order to prove the matter asserted in the declaration that would be hearsay. Such as "Trayvon told me on the phone it was raining" in order to prove to the jury that it was raining.

An example of such a statement I expect the prosecution to introduce would be her testimony that Trayvon told her that he was being followed, in order to establish the fact that Trayvon was following her.

Nevertheless, even though some of these statements may be literally hearsay, I expect the court to allow all or nearly all of these statements into evidence under the residual exception if necessary.

90 posted on 04/12/2012 11:01:56 PM PDT by Meet the New Boss
[ Post Reply | Private Reply | To 81 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson