Just before the call cut off, she heard Trayvon Martin say, “Get off. Get off.”

[amandabeech]

89. Yes, that's what we called in law school long ago, "dying declaration."

My recollection is that it is usually reserved for comments just before the declarant expires, like "Danny did it because then he could buy the Dunkin' Donut franchise instead of me."

I don't think that you can force all of Trayvon's telephone conversation into "dying declaration" because although Trayvon was concerned about the guy following him, Trayvon had no reasonable reason at that time to believe that he was about to die.

His last comments on the phone, like "Get off!", may be the closest to DD, but I still think "excited utterance would work best there.

I guess we'll just have to wait.

However, releasing hearsay statements to the general public pollutes the jury pool. The more information inadmissable at trial end up in the media, the more likely the judge is to grant a motion to change venue.