Hell's Belle
Verified Attorney
- Joined
- Mar 13, 2009
- Messages
- 212
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I'm no expert but I think her statements are considered hearsay as she told these things to others outwith court proceedings, She is unlikely to take the stand, so can't be cross examined on them. If these statements are being offered for "the truth of the matter" and she can't be cross examined on them by the State, then they are surely hearsay.
Right now nobody really knows what the experts have stated in their reports but Jeff Ashton seems to be clearly signalling that these doctors are not offering any sort of medical condition/ diagnosis of Casey. The inference is they would merely be speaking her words.
The definition of hearsay is complex and has a number of exceptions. Out-of-court statements of a PARTY that are "admissions against interest" are an exception to the hearsay rule in Florida, read down to 18(a): http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0090/SEC803.HTM&Title=-%3E2000-%3ECh0090-%3ESection%20803#0090.803 .
In the case of this exception relating to an "admission against interest," the "unavailability of the declarant"--Casey Anthony (if she chooses not to take the stand she is "unavailable")--is "immaterial" under the terms of the rule. So it does not matter that she could not be cross-examined about the out-of-court statements. Hence the big fight about the 911 tapes (for example).