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Good morning everybody I'm Jamie Colby and it's another day in the George Zimmerman trial -- bomb -- left and right interesting opening arguments -- roll call and now whether or not witness number eight.
The friends of trade -- -- the last person to speak to him on the phone expected back on the stand for more questions from the defense team she getting a little testy yesterday.
How compelling was for testimony.
Well joining me now from Philadelphia is jewels Epstein -- great to have you along.
Morning thank you very much for joining us -- use swayed by the testimony of this young woman yesterday.
And my sway either I'm not swayed by much of anything what I'm concerned about is -- two or three hour cross examination.
That goes nowhere.
Do you think that she could be crossed in a shorter period of time because it all boils down to that one phone call.
Well it's one phone call and then it's her credibility.
And the problems with her credibility are fairly simple -- the issue of for not disclosing her real age.
Here's the issue of her not going to the funeral -- making up excuses.
But when you don't have a lot of holes to poke and somebody's testimony.
You don't need him there for two hours.
Randy is she gonna I'm sorry -- -- just say if if she's going to be seen as powerful.
Her story is powerful -- she's the worse the last person in contact.
Whether she has the personality.
To carry the day I don't know -- -- Allen is loaded with.
Personality and lots of opinions about the case joining me -- -- studio Randy great to see you thank you.
You know this is a judge that's really no nonsense she's not -- -- allow testimony across to go on longer than it is reasonable what's left for this young woman to tell.
Well let's deal with the first part of that first because remember the -- is a very fine line to walk on the one hand you want to have control of your courtroom.
The most famous example of losing control of a courtroom would be the OJ Simpson first trial.
Having said that you want to make sure that you are not creating a -- Review angles for a defendant who says I was denied the right to a fair trial you -- not be the right to confront.
The witnesses against me which I have a constitutional right to do sell out to answer your question.
The judge is going to allow cross examination.
That is relevant meaning it has something to do with what's going on here.
Credibility is always relevant as your other guest just noted.
Credibility is everything however what is the fundamental Tenet of cross examination.
What you get up you say to yourself do I need to cross examine this witness you're always one question way.
From shooting yourself in the foot as a defense attorney so for me what do you want -- deal.
Maybe you want to establish that.
This woman obviously wasn't there so she doesn't really know what happened she's a friend.
Morton and you have to be careful -- that because he's debt.
You don't want to anger the jury.
Her heart I would it -- the jury because he's dead and and why you beating up this poor woman.
Who is coming in here to basically be I'm the last person to have communication.
We had -- -- what I have to say is important and why.
Let me ask jewels -- just an academic question for our viewers who know the term.
She's saying what -- -- told -- on the phone he is.
Obviously he would be the best person to tell us that he's not here is that why it's allowable.
It's not here.
There are bunch of exceptions to the ban on hearsay.
And one is called they present sense impression.
If I look out the wouldn't her right now and say -- there's -- car.
You're not seeing yet but you're allowed to repeat it.
The theory is if I'd say it as it happens.
It has some degree of accuracy.
So she's just repeating his words.
Describing what is going on.
As it happens it's like a play by play.
-- and that is an allowable.
Form of hearsay.
I think your point Randy and we're watching the courtroom camera right now we're still on the -- folks you will not miss a minute of coverage here but in the meantime let's discuss.
The prosecution and the defense this is a delicate witness for the reason that you've stated.
There's a lot of delicate things going on language used in the opening arguments in -- -- like it.
Quite surprising Alan Dershowitz.
Who is very well respected says that it could be grounds for a mistrial that not.
Knock joke I want to ask you about that first time I've ever seen that a child well.
Certainly I don't know that anyone.
Has ever heard of -- -- you know.
During a trial and certainly kind of making fun I don't even know of whom by saying I'll George -- -- who you on the jury in other words.
What was trying to happy it was OK you don't know anything about this case but we're past that are -- It was bizarre.
The prosecution's opening statement was bizarre.
That stunning and that's what it really was four to -- the jury to where -- about warming for the cameras are on the jury unfortunately I think it was boat.
And I don't think either of them.
It didn't have a place in that courtroom at all.
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