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View Diary: Zimmerman waives Stand Your Ground hearing in Trayvon Martin case (201 comments)

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  •  Very unlikely that a judge would allow (2+ / 0-)
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    oceanview, aitchdee

    it.  People lie under oath All The Time.  And generally, unless it's about something substantive about the case, the judge will consider that lie irrelevant and decide that bringing it up will simply confuse  the issues of the case and waste valuable time.  There's no way to know what the judge will do, but I think it's unlikely it'll be admitted.  Saying that lie is relevant is like saying Bill Clinton's lie about Monica Lewinsky was relevant.  People lie about things they're embarrassed about when they think it won't matter.  And everyone knows that and doesn't think much of it.

    And even if it is, it'll have no impact.  What does she have to testify about?  The only thing of relevance is what Trayvon was saying on the phone to her.  That's it.  She has virtually no knowledge of what happened between Trayvon and Zimmerman or what Zimmerman's state of mind was.  Those are the two relevant issues.  Not why she didn't attend Trayvon's funeral.

    "If you trust you are not critical; if you are critical you do not trust" by our own Dauphin

    by gustynpip on Wed Mar 06, 2013 at 01:44:59 PM PST

    [ Parent ]

    •  A witness who has previously lied under oath? (3+ / 0-)

      That would definitely be considered relevant to the witness's credibility, and since she's a key witness, I would think the judge would let it in, and instruct the jury to give it whatever weight they thought it deserved.

      •  Not necessarily, if the lie was about (1+ / 0-)
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        something as irrelevant as why she didn't attend the funeral.  Cripes, you can catch people lying while on the stand, and the judge will only let you go with that a very short way unless it's about a critical piece of evidence.  People don't seem to realize how common it is for people to lie - including under oath.  

        "If you trust you are not critical; if you are critical you do not trust" by our own Dauphin

        by gustynpip on Wed Mar 06, 2013 at 02:24:05 PM PST

        [ Parent ]

    •  Whether people lie under oath all the time (2+ / 0-)
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      VClib, Neuroptimalian

      is irrelevant as to whether a witness can be impeached for  lying under oath.  I've seen witness credibility impeached by their tax returns, by past criminal convictions, by statements in depositions, affidavits and pleadings. For example, a witness in a case can be impeached by a criminal conviction that happened as long ago as ten years under certain circumstances. You are arguing for the admissibility standard but that is not the correct standard. Materials used to impeach often are not admitted as substantive evidence but are used to    attack the witnesses credibility.

       I agree that this witness is overrated, but the State sure doesn't think so. It's never a good thing for a party in litigation to have its witness impeached for lying.

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