A Review of the Submitted Hearsay by ValHall

http://www.thehinkymeter.com/?p=1980
A Review of the Submitted HearsayPosted on March 11th, 2010 by Valhall

I wanted to take a second look at the statements submitted by the defense that they want excluded as hearsay. I’m going to put my personal thoughts about these out here just to open discussion on the matter and with hopes that our legal friends will drop by and respond with more knowledge than I have on the possibility of these statements being excluded. I’ll be using abbreviations for names, so just refer to the defense’s submitted list if you get confused as to who is being referenced. I want to be clear, that these are just my personal opinions on these. I don’t claim to know the answer. But I think doing it this way could lead to some really good discussion if our lawyer-friends get involved.

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GA to SB – We’ll probably get divorced over this. – I don’t think this matters one way or the other. Will probably get excluded.

GA to SB – The daughter is telling us crap a bunch of lies. She won’t let us see our granddaughter. He was still talking about his daughter telling lies. We thought the car was in Jacksonville. – The possiblity all of these will be admitted for a couple of reasons. GA and CA both are going to have their credibility brought into question during the trial. At this point it’s kind of hard tell if that won’t happen by both defense and prosecution – depending on how they swing during testimony. SB’s recollection of GA’s statements to him could be used to support GA and CA’s account of what they claim KC was telling them. In other words, their words don’t necessarily hold enough veracity to be taken alone. SB stands as an outside person who can support that on July 15th they were saying these very things. Another things is if GA or CA CHANGE their stories, SB can be brought in to state – that’s not the story they were claiming on July 15th. So while the defense is trying to say this is hearsay because GA is stating what KC was telling him, it becomes supporting information as to the story GA himself was telling on July 15th, and can be used to either support GA’s statements in court, or show that he has changed his story – depending on what GA testifies to.