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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] This is incorrect. It is hearsay because she heard it third person. She was not physically there, she did not say it and it was not said to her. She is repeating what she heard over a cell phone with no way to corroborate whether it was being said to her or said to a person she could not see. [quote=Mirriam-Webster Dictionary][b]hearsay evidence[/b] [i]noun.[/i] evidence based not on a witness's personal knowledge but on another's statement not made under oath[/quote] Otherwise, anything that you viewed on a video or television that you watched with your own eyes would be admissible. You had to actually have been there and witnessed it. By virtue of it being heard over a cell phone, it is hearsay.[/quote]
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