If George Zimmerman Were on Trial

Dana, Paul, and Harlan think the girlfriend would be able to testify at trial: ?She?s certainly a witness because she heard, even though she didn't see,? Harlan wrote. ?The testimony will have to overcome hearsay objection, but that should be a very low hurdle.? Erin isn?t so sure, since the girlfriend?s account of what Martin said is hearsay. However, she says, this could come in under the exception to hearsay that allows witnesses to testify about ?dying declarations.? For this to work, though, it would have to be clear that Martin was dying before the phone went dead. The bottom line: The prosecutor and the defense would surely fight over whether to admit it at trial. Since Martin cannot speak for himself, as Zimmerman can, I would like to think this testimony would be admitted.

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