This is huge. I’ve seen some pretty important cases where this kind of information I might look like Im listening to you but in my head Im fishing or Im thinking about buying another rod shirt a pretty critical role in the decision.Definitely, it’s normally hearsay and not allowed but it can be used to rehabilitate them after defense impeaches them. What’s going to happen in either crim/civil suit is defense will try to impeach them with ‘why did you file lawsuit instead of police report’ and there are good answers to that we can all think up but few great answers and few witnesses that can give a great answer, so most will be successfully impeached, but then their attorney/state attorney gets to rehabilitate them on redirect and lay foundation for that friend to testify. Normally all that is hearsay and irrelevant (their attorney can’t bring it up in direct) but rehabilitating your witness gets the hearsay in through backdoor. This is all a little ‘inside baseball’ on evidence rules and procedure, but as a crim defense atty, getting in all that hearsay and mitigating my main defense strategy makes my job a lot harder- doubly so for civil defense.
Best I might look like Im listening to you but in my head Im fishing or Im thinking about buying another rod shirt
This is not hearsay because, the way I’d approach it, we’re I might look like Im listening to you but in my head Im fishing or Im thinking about buying another rod shirt talking about using those conversations or statements to prove that what the women said in those statements is true. No – they’re being offered because the fact that the conversation occurred is very strong circumstantial evidence that the lawsuits are not a recent fabrication or a conspiracy against him; rather, if you have 19 accusers saying, “He did this on this date,” and some of them say, “…and I told my husband/boyfriend/mother/father/sister/friend about it on this date,” then you can call the person they spoke to in order to provide additional evidence that the conversation occurred.You don’t even have to go the rehabilitation route. You just say, “Your honor, I’m not trying to prove that what she said is true; I’m trying to prove that she reported the event to someone else at the time to establish that this wasn’t a recent fabrication.Might get into the prejudice/probative debate, but I don’t think you have to wait for impeachment of the witness to get it in.