It's Watch!... Neighborhood Watch. Not shoot.

Beaker · Mar 20, 2012

franklin lincoln said:

qtlaw said:

waterytart said:

Won't that be hearsay?
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Yes but one of the exceptions to the hearsay rule, at least in Cal., is if the witness is unavailable and um killing the witness would fit the exception.
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That's not how hearsay rules work. See, for example, California Evidence Code Section 1350(a)(3) (requiring the testimony of an unavailable witness to be memorialized by the declarant by tape recording or signed statement).

Her testimony will probably come in not because it fits into a hearsay exception, but rather because it is not hearsay at all. Hearsay is an out-of-court statement repeated in court FOR THE TRUTH OF THE MATTER. Nothing that Trayvon said will be offered to prove that what he said was true. It will be used to prove that Zimmerman was on notice (aware) that Trayvon posed no threat.

If the statement goes to notice or intent, it's not hearsay. As long as you don't use the statement to try to prove what was in the statement ("He said he just had Skittles" can't be used to prove he actually just had Skittles), the statement comes in. You can use it, however, to prove that Zimmerman had reason to not be scared of Trayvon. I know that might sound like we're splitting hairs, but my point is that almost anything Trayvon said will come in as non-hearsay.

Anything that Zimmerman said comes in under the party-opponent exception, and that CAN be used to prove the truth of the matter.
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Well, since qtlaw is a lawyer, I'm pretty sure he doesn't need to be lectured about the rules of evidence. But yes, I agree, it can certainly come in.

poindexter · Mar 20, 2012

Keep Sharpton out of this shit. Once he gets involved, it looks like a shakedown.

qtlaw · Mar 20, 2012

franklin lincoln said:

qtlaw said:

waterytart said:

Won't that be hearsay?
Click to expand...

Yes but one of the exceptions to the hearsay rule, at least in Cal., is if the witness is unavailable and um killing the witness would fit the exception.
Click to expand...

That's not how hearsay rules work. See, for example, California Evidence Code Section 1350(a)(3) (requiring the testimony of an unavailable witness to be memorialized by the declarant by tape recording or signed statement).

Her testimony will probably come in not because it fits into a hearsay exception, but rather because it is not hearsay at all. Hearsay is an out-of-court statement repeated in court FOR THE TRUTH OF THE MATTER. Nothing that Trayvon said will be offered to prove that what he said was true. It will be used to prove that Zimmerman was on notice (aware) that Trayvon posed no threat.

If the statement goes to notice or intent, it's not hearsay. As long as you don't use the statement to try to prove what was in the statement ("He said he just had Skittles" can't be used to prove he actually just had Skittles), the statement comes in. You can use it, however, to prove that Zimmerman had reason to not be scared of Trayvon. I know that might sound like we're splitting hairs, but my point is that almost anything Trayvon said will come in as non-hearsay.

Anything that Zimmerman said comes in under the party-opponent exception, and that CAN be used to prove the truth of the matter.
Click to expand...

I was discussing Trayvon's statements, not HER statements (she'd be a witness presumably) or Zimmerman's, and whether they would be presented to the jury. I'm pretty sure they'd get admitted into evidence.

KYSportsWriter · Mar 20, 2012

Just listened to two of the 911 tapes.

Holy shit.

Beaker · Mar 21, 2012

Toobin on the stand your ground law:

http://www.cnn.com/2012/03/20/opinion/toobin-trayvon-martin/index.html?hpt=hp_t3

deskslave · Mar 21, 2012

If nothing about this is changed except for the skin color of the people involved, it's already a death penalty case.

Boom_70 · Mar 21, 2012

This case brings back the sad memory of the cop who shot and killed the black Pace University football player and ended up being named officer of the year by his local PBA.

http://sports.espn.go.com/new-york/ncf/news/story?id=6347612

For whatever reason that case got sweep under the rug and Rev Al did not get involved.

Baron Scicluna · Mar 21, 2012

Boom_70 said:

This case brings back the sad memory of the cop who shot and killed the black Pace University football player and ended up being named officer of the year by his local PBA.

http://sports.espn.go.com/new-york/ncf/news/story?id=6347612

For whatever reason that case got sweep under the rug and Rev Al did not get involved.
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Bit of a difference here. The cop said that the football player hit him with his car and was driving away. The player was also drunk behind the wheel, according to the autopsy.

This Fla. kid just seems like an innocent victim of a fucktard who wanted to play cop.

Azrael · Mar 21, 2012

Baron Scicluna said:

Boom_70 said:

This case brings back the sad memory of the cop who shot and killed the black Pace University football player and ended up being named officer of the year by his local PBA.

http://sports.espn.go.com/new-york/ncf/news/story?id=6347612

For whatever reason that case got sweep under the rug and Rev Al did not get involved.
Click to expand...

Bit of a difference here. The cop said that the football player hit him with his car and was driving away. The player was also drunk behind the wheel, according to the autopsy.
Click to expand...

All of which is in dispute, including the toxicology reports.

espn.go.com/new-york/ncf/story/_/id/7662826/evidence-pace-setters-danroy-henry-jr-shooting-allowed-public

Interestingly, the former police officer is suing a liquor store.

www.thegrio.com/news/cop-in-danroy-henrys-death-sues-liquor-store.php

Lots of information here:

www.thedailypleasantville.com/tags/Aaron-Hess

Baron Scicluna · Mar 21, 2012

Azrael said:

Baron Scicluna said:

Boom_70 said:

This case brings back the sad memory of the cop who shot and killed the black Pace University football player and ended up being named officer of the year by his local PBA.

http://sports.espn.go.com/new-york/ncf/news/story?id=6347612

For whatever reason that case got sweep under the rug and Rev Al did not get involved.
Click to expand...

Bit of a difference here. The cop said that the football player hit him with his car and was driving away. The player was also drunk behind the wheel, according to the autopsy.
Click to expand...

All of which is in dispute, including the toxicology reports.

espn.go.com/new-york/ncf/story/_/id/7662826/evidence-pace-setters-danroy-henry-jr-shooting-allowed-public

Interestingly, the former police officer is suing a liquor store.

www.thegrio.com/news/cop-in-danroy-henrys-death-sues-liquor-store.php

Lots of information here:

www.thedailypleasantville.com/tags/Aaron-Hess
Click to expand...

The toxicology report said he had a BAC of .13. The lawyer's only response is "you’ll see someone who is fully functioning and interactive,”

Which, as we know, you only can be a drunk driver if you're falling down and mumbling incoherently to themselves, right?

Azrael · Mar 21, 2012

The family says the toxicology report is in error.

Baron Scicluna · Mar 21, 2012

Azrael said:

The family says the toxicology report is in error.
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Of course. Everything is a conspiracy. No one wants to take any responsibility.

But even their test showed he was drunk:

http://www.lohud.com/article/20111016/NEWS02/110160346/DJ-Henry-s-death-3-outside-experts-agree-Pace-student-DWI-when-shot-by-cop

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