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Hearsay at a Domestic Violence Trial

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  • 03-23-2006, 03:21 AM
    sim
    Hearsay at a Domestic Violence Trial
    I had a few questions..I am not going to testify at my husbands trial for domestic battery, so I wanted to know about excited utterances:

    1.
    If I wasnt crying when the police came in (I had cried 15 minutes before but was not now) and quietly let them in, police officer asks me to sit down and I remain quiet until he tells me to tell him what happened, after which I do start getting excited and start crying..would my hearsay statement qualify?

    2.
    Also I missed to write down something I had mentioned orally to the officer and then he told me I had missed that and told me to write it down, can that reject excited utterances?

    3.
    If there are 2 witnesses living in the same house (my sister) isnt it obvious that both witnesses get a chance to talk to one another before police come (15 min) cant a defense lawyer argue about reliability and reflection ?

    4.
    Police tend to exxagerate about witnesses demeanor, how can a defense lawyer counter that to exclude statements from coming in?
  • 03-23-2006, 06:20 AM
    Mr. Knowitall
    Your husband's lawyer can evaluate the facts of the case and of your statements to the lawyer, and evaluate whether some of your statements might get into evidence.
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