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Reply to "Child killed by Neighborhood Watch captain while walking home"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]Well not exactly. The girlfriend has reported what she heard on the phone. [b]Since she actually overheard some of the exchange between the two, it is not just hearsay.[/b] And her statement contradicts Zimmerman's on a really key point, namely that Zimmerman was not walking back to his car when the physical confrontation began. [/quote] How is that not hearsay? [/quote] It's not hearsay because she heard it directly. It would be hearsay if she's repeating what T told her Z said - but she didn't hear it first hand. Because she heard it first hand, it's not hearsay.[/quote] Sorry, that's simply wrong. Testifying about a statement another person made, when offered to prove the truth of the matter asserted, is hearsay. For example, testimony that, "Trayvon said he was going to run and try and get away from the guy," can't be offered to show that Trayvon actually ran and tried to get away from the guy. There are lots of exclusions/exceptions that might apply so that a statement might admissible hearsay - but it's still hearsay. By the way, this: "It would be hearsay if she's repeating what T told her Z said - but she didn't hear it first hand." is double hearsay. [/quote]
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