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In reply to the discussion: Just before the call cut off, she heard Trayvon Martin say, “Get off. Get off.” [View all]Tommy_Carcetti
(44,580 posts)88. This may be helpful: Fla. Stat. 90.804
90.804 Hearsay exceptions; declarant unavailable.
(1) DEFINITION OF UNAVAILABILITY.Unavailability as a witness means that the declarant:
(a) Is exempted by a ruling of a court on the ground of privilege from testifying concerning the subject matter of the declarants statement;
(b) Persists in refusing to testify concerning the subject matter of the declarants statement despite an order of the court to do so;
(c) Has suffered a lack of memory of the subject matter of his or her statement so as to destroy the declarants effectiveness as a witness during the trial;
(d) Is unable to be present or to testify at the hearing because of death or because of then-existing physical or mental illness or infirmity; or
(e) Is absent from the hearing, and the proponent of a statement has been unable to procure the declarants attendance or testimony by process or other reasonable means.
However, a declarant is not unavailable as a witness if such exemption, refusal, claim of lack of memory, inability to be present, or absence is due to the procurement or wrongdoing of the party who is the proponent of his or her statement in preventing the witness from attending or testifying.
(2) HEARSAY EXCEPTIONS.The following are not excluded under s. 90.802, provided that the declarant is unavailable as a witness:
(a) Former testimony.Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
(b) Statement under belief of impending death.In a civil or criminal trial, a statement made by a declarant while reasonably believing that his or her death was imminent, concerning the physical cause or instrumentalities of what the declarant believed to be impending death or the circumstances surrounding impending death.
(c) Statement against interest.A statement which, at the time of its making, was so far contrary to the declarants pecuniary or proprietary interest or tended to subject the declarant to liability or to render invalid a claim by the declarant against another, so that a person in the declarants position would not have made the statement unless he or she believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is inadmissible, unless corroborating circumstances show the trustworthiness of the statement.
(d) Statement of personal or family history.A statement concerning the declarants own birth, adoption, marriage, divorce, parentage, ancestry, or other similar fact of personal or family history, including relationship by blood, adoption, or marriage, even though the declarant had no means of acquiring personal knowledge of the matter stated.
(e) Statement by deceased or ill declarant similar to one previously admitted.In an action or proceeding brought against the personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or against a trustee of a trust created by a deceased person, or against the assignee, committee, or guardian of a mentally incompetent person, when a declarant is unavailable as provided in paragraph (1)(d), a written or oral statement made regarding the same subject matter as another statement made by the declarant that has previously been offered by an adverse party and admitted in evidence.
http://www.flsenate.gov/Laws/Statutes/2010/90.804
I think the prosecution has a good argument to get them in. Of course, credibility of the hearsay witness will still be attacked, naturally, by the defense.
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Just before the call cut off, she heard Trayvon Martin say, “Get off. Get off.” [View all]
Oilwellian
May 2012
OP
agreeed. I dont recall her saying that before. Either the press didn't tell us, or it was not there
robinlynne
May 2012
#22
There were interviews a long time ago. if she did not say it back then, I don't
robinlynne
May 2012
#23
She's not only emotionally fragile but physically, since this affected her physically.
vaberella
May 2012
#73
I'd like to see Atty. Crump's brief on why Trayvon's statements to his girlfriend are not hearsay.
amandabeech
May 2012
#78
And, the hearsay rule may prevent some or most of Trayvon's comments from being
amandabeech
May 2012
#77
it was widely reported from early on that he was on the phone with his girlfriend while he was being
magical thyme
May 2012
#7
Which matches perfectly with the 'get off' comment. I hope this young lady is able to handle being
freshwest
May 2012
#32
Not maybe at all. Martin would be here if Zimmerman had not gotten out of his car, period.
Quixote1818
May 2012
#49
Currently the City of Sanford Police Department has an authorized staffing level of 140 sworn
notadmblnd
May 2012
#10
I think the chance that he was actually talking to the dispatcher is even greater;
petronius
May 2012
#13
Easy for you to prove me wrong. Call them and ask if a the speaker is a real officer
notadmblnd
May 2012
#16
No matter if a dispatcher or a cop answers tonight, that does not tell us who did that night.
ProgressiveProfessor
May 2012
#18
Keep reaching.. and for your educational pleasure here is a copy of Sanford Fla's neighborhood
notadmblnd
May 2012
#28
Keep dodging that there is nothing to indicate Zimmerman spoke to an LEO on the phone
ProgressiveProfessor
May 2012
#63
Would you believe me if I did tell you that I already called? Somehow, I think not.
notadmblnd
May 2012
#25
I think she sounded completely credible. Everything she said was pretty obscure
Quixote1818
May 2012
#35
Well if he has the research or documentation to support his assertions then I guess he is creating
dkf
May 2012
#46
Silly rabbit...the Zimmerman fan club wouldn't believe anything a black girl said anyway!
alcibiades_mystery
May 2012
#57