« on: September 23, 2007, 06:42:21 PM »
The statement is "I had nothing to do with the crime." It is being offered solely to impeach the credibility of the witness. Therefore, it is patently not offered for the truth of its contents and thus not hearsay at all.
Then, the other attorney pipes up and says, "Your honor, counsel's stated purpose of introducing this statement solely for impeachment purposes is a mere pretext to get it in for the truth of its contents, namely, that the witness had nothing to do with the crime.
It is plain hearsay and does not fall under an exception."
Then, the first attorney says, "Your honor, I am merely trying to impeach the credibility of this witness. Moreover, this statement could not be offered for its truth in ANY circumstance because it is in fact false. A false statement is never offered for its truth, and therefore never hearsay."
Judge: I will allow the statement. It is either not hearsay or it falls under the impeachment "exception."