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frumnotyeshivish -“The 911 call is not hearsay as A) it was emotions at the time of the incident, and B) there was no better source as the victim refused to testify.
Laws of evidence and hearsay are complicated.”
I’m not a lawyer so I can’t argue this point with you. But one thing I will say the fact that he refused to testify and called for dismissal of the charges is more evidence – (that the Shomrim’s guy’s testimony is accurate) – than any 911 call. So how come she didn’t find his testimony credible if not for her Prejudice?
“Since you asked for it, this is the case I was referring to.
Aron v. Quest Diagnostics, Inc., CIV.A.03-2581 JSH, 2005 WL 1541060 (D.N.J. June 30, 2005) aff’d sub nom. Aron v. Quest Diagnostics Inc., 174 F. App’x 82 (3d Cir. 2006)”
So what about it? And you said Stuart, not Aron.