Excited Utterance News Today

Of either forgetting or lying about those communications and contacts? >> well, good to be with you, and your panelists. i dont know what happened to him, but it reminds me of my old law school days when we learned of an exception to the hearsay rule known as excited utterance, meaning when you say something in the moment, in the moment of drama, in the moment of an accident, whatever it happens to be, that that can rise above hearsay. what we heard from mr. mccarthy in the hours following the i...

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Impulsive. >> the lawyers have this, excited utterance. his tweets, bing, bing, are his exciting utterances. >> it is so impressive. >> i would like to say on television, my lsats were really high. >> what was the phrase? >> excited utterances. it would be unprecedented for prosecutor to make a case solely on obstruction case based solely on twitter. but that is not what i think mueller would be thinking about here if he were to argue. it is a tapestry. it is tweets plus. it is other things. the...

Things that your expert said already about the hearsay exceptions, but there is also another exception called excited utterance. another reason would be to put it in that if he was so startled, by saying he thought he was caught that that is another exception. even if they were an agent of the police, and i dont think they were was this voluntarily made? yes. he contacted them. knowing what the subject matter of the interview was. he came to them after many, many, many discussions. he voluntaril...

They came to court unprepared. they were -- they had not thought in advance of what questions they would ask. they challenged nothing that the defense did. the evidence they didnt present, and in that situation the lawyer, the guy with the prepared lawyer will win. it wasnt just having those -- that lawyer that got him out of this. >> you have to make rulings on admissibility all of the time. evidentiary laws are different in california from texas, but the constitutional issues are the same. wha...

Night? >> i agree with some of the things that your expert said already about the hearsay exceptions but there is also another exception called excited utterance. another reason would be to put it in that if he was so startled thinking about this question. was this going involuntarily made? yes, he contacted them knowing what the subject matter of the interview was. he came to them after many many, many discussions. he voluntarily let himself be micked up and its not the first time knowing that ...

>> reporter: because simply, randi, knonobody knows what he l do. this will be the first time anyone has seen khalid sheikh mohammed in years. were 90 minutes away from his court appearance. a lot of the family members are here today, they, too, are just less than two hours away from taking their first look at him for some of them. and no one knows what is going to happen. do they plead guilty, in which case all this moves toward a sentencing phase, or does khalid sheikh mohammed and t...

Bent over and youve got to believe shes thinking this phone call that i made three years ago is the catalyst for everything thats happened. this phone call is why we are all sitting in court today. >> how is that phone call key for the prosecution? >> it is huge. it is huge. and ill tell you why. theres two different things that i want to point out about that phone call. number one, when we are in an emotional situation, when were excited, we tend to blurt things out that are true. say you have ...

course as i know you v and it is a fascinating read. one of the things that strikes me is that we are talking about two guys, very young guys, 23 and 30 years of age respectively, and speak to their youth, a, and b, what are they accused of doing? >> well, in the case of wad ramadan alwan, he is now 30 years old, but he has been at the business of terrorism for more than 10 years. since he was a teenager. and in his case, he was involved directly in the manufacture and the placement of...