TTF14
Well-Known Member
- Joined
- Jan 3, 2014
- Messages
- 15,698
- Reaction score
- 72,806
Yep, that's the one! I remember that face because she looks like my ex-husband's aunt.
Oh, interesting. I didn't realize this. This could be a problem with ever getting WA prosecuted. I can't think of any direct evidence of her furthering this crime.
On another note, I wonder why Lacasse's testimony about Wendi wasn't hearsay?
Chiming in to answer this along with any subsequent comments thereafter that echo the same curiosity regarding why this wasn't hearsay. Hearsay does not encompass every single statement made by someone else. First, hearsay means an out-of-court statement by someone else that is offered into evidence with the intent "to prove the truth of the matter asserted." So, saying "Mike told me on Tuesday that his dad was ill" is hearsay if offered to prove that his dad was indeed ill, but is not hearsay if offered simply to establish that I had a conversation with Mike on Tuesday.
Following that, even if something constitutes hearsay, there are numerous exceptions that allow otherwise hearsay statements to come in.
I have not been following the trial closely enough to have caught any of the rulings on objections that would clarify to me why certain of Lacasse's statements re WA's statements were allowed in, but it appears that the vast majority of them are allowed in because the prosecutor's position is that they are not being offered to prove the truth of the matter asserted, but rather only for the basic fact that WA said them. So, if "my brother joked about hiring a hitman" isn't being offered to prove that he actually hired a hitman, but rather simply for the fact that WA said this to JL, then it could come in. Alternatively, they could be allowed in under one of the exceptions, such as statement against interest, etc.
Was there any testimony on the time she pinged driving down by Trescott? Does it gel with the noon ish tine the TPD officer saw the burgundy van?
Lacasse s testimony also contradicted many things Wendi said on the standChiming in to answer this along with any subsequent comments thereafter that echo the same curiosity regarding why this wasn't hearsay. Hearsay does not encompass every single statement made by someone else. First, hearsay means an out-of-court statement by someone else that is offered into evidence with the intent "to prove the truth of the matter asserted." So, saying "Mike told me on Tuesday that his dad was ill" is hearsay if offered to prove that his dad was indeed ill, but is not hearsay if offered simply to establish that I had a conversation with Mike on Tuesday.
Following that, even if something constitutes hearsay, there are numerous exceptions that allow otherwise hearsay statements to come in.
I have not been following the trial closely enough to have caught any of the rulings on objections that would clarify to me why certain of Lacasse's statements re WA's statements were allowed in, but it appears that the vast majority of them are allowed in because the prosecutor's position is that they are not being offered to prove the truth of the matter asserted, but rather only for the basic fact that WA said them. So, if "my brother joked about hiring a hitman" isn't being offered to prove that he actually hired a hitman, but rather simply for the fact that WA said this to JL, then it could come in. Alternatively, they could be allowed in under one of the exceptions, such as statement against interest, etc.
Of course, it can get very complicated, and even seasoned lawyers and judges have trouble with defining hearsay and then applying any exceptions. Put it this way, for any of Lacasse's testimony that was admitted, assume the following: it was already determined to not be hearsay, or to be hearsay subject to an exception that allows it to be admitted anyways.I still don't understand, but thank you for trying to explain!![]()
Chiming in to answer this along with any subsequent comments thereafter that echo the same curiosity regarding why this wasn't hearsay. Hearsay does not encompass every single statement made by someone else. First, hearsay means an out-of-court statement by someone else that is offered into evidence with the intent "to prove the truth of the matter asserted." So, saying "Mike told me on Tuesday that his dad was ill" is hearsay if offered to prove that his dad was indeed ill, but is not hearsay if offered simply to establish that I had a conversation with Mike on Tuesday.
Following that, even if something constitutes hearsay, there are numerous exceptions that allow otherwise hearsay statements to come in.
I have not been following the trial closely enough to have caught any of the rulings on objections that would clarify to me why certain of Lacasse's statements re WA's statements were allowed in, but it appears that the vast majority of them are allowed in because the prosecutor's position is that they are not being offered to prove the truth of the matter asserted, but rather only for the basic fact that WA said them. So, if "my brother joked about hiring a hitman" isn't being offered to prove that he actually hired a hitman, but rather simply for the fact that WA said this to JL, then it could come in. Alternatively, they could be allowed in under one of the exceptions, such as statement against interest, etc.
Lacasse s testimony also contradicted many things Wendi said on the stand
That can be a hearsay exception
https://koehlerlaw.net/2019/01/can-hearsay-be-used-to-impeach/
Yes, but it seems it was offered to prove the truth of the matter asserted (that there were attempts to hire a hitman) and I don't know what exception applies here. So I'm still curious why it was allowed in. I know there is a legal reason. I just don't know what the reason is.Chiming in to answer this along with any subsequent comments thereafter that echo the same curiosity regarding why this wasn't hearsay. Hearsay does not encompass every single statement made by someone else. First, hearsay means an out-of-court statement by someone else that is offered into evidence with the intent "to prove the truth of the matter asserted." So, saying "Mike told me on Tuesday that his dad was ill" is hearsay if offered to prove that his dad was indeed ill, but is not hearsay if offered simply to establish that I had a conversation with Mike on Tuesday.
Following that, even if something constitutes hearsay, there are numerous exceptions that allow otherwise hearsay statements to come in.
I have not been following the trial closely enough to have caught any of the rulings on objections that would clarify to me why certain of Lacasse's statements re WA's statements were allowed in, but it appears that the vast majority of them are allowed in because the prosecutor's position is that they are not being offered to prove the truth of the matter asserted, but rather only for the basic fact that WA said them. So, if "my brother joked about hiring a hitman" isn't being offered to prove that he actually hired a hitman, but rather simply for the fact that WA said this to JL, then it could come in. Alternatively, they could be allowed in under one of the exceptions, such as statement against interest, etc.
Oooohhhhhh......interesting!
"Whether or not an out-of-court statement is hearsay depends on the purpose for which it is offered. If it is offered to prove the truth of the matter, it is hearsay. If offered only to impeach (i.e., discredit) a witness, then it is by definition not hearsay."
His testimony definitely discredited some things she said.
Lengthy..Yes, but it seems it was offered to prove the truth of the matter asserted (that there were attempts to hire a hitman) and I don't know what exception applies here. So I'm still curious why it was allowed in. I know there is a legal reason. I just don't know what the reason is.
Well, not quite. A prior inconsistent statement can be offered to impeach credibility of a witness, but only by directly confronting that witness with it, and only if the prior statement was made under penalty of perjury. So, for example, if WA said something at a sworn deposition (for example during her divorce proceedings) that is inconsistent with something she says now at the criminal trial, she could be confronted with the inconsistency during her own examination. But that's about it. Lacasse's statements cannot be admitted under the theory that they are undermining WA's earlier testimony. So it has to be one of the other rationales - that they are not hearsay to begin with because they are not being offered to prove the truth of the matter asserted, or they are an exception to hearsay.
So that fact that she testified during this trial that she was relieved her own motion to move to South Florida was denied and Lacasse testified that she was upset, hated Tallahassee and wanted to move wouldn't be considered discrediting her and therefore an exception?
Yes, but it seems it was offered to prove the truth of the matter asserted (that there were attempts to hire a hitman) and I don't know what exception applies here. So I'm still curious why it was allowed in. I know there is a legal reason. I just don't know what the reason is.