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Author Topic: Hearsay?  (Read 673 times)

Online Charles Collins

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Hearsay?
« on: April 19, 2019, 12:14:49 PM »
On page 178 of ?Truth Withheld? by James T. Tague, he states that in a preliminary hearing to determine whether there were grounds to bring Clay Shaw to trial, that the defense tried to introduce the 26 volumes of the Warren Report in their defense. But it was denied as hearsay.

I am guessing that the reason for this has to do with the requirements of how evidence has to be introduced. But I would like to know what the legal scholars have to say about this. Do we have any knowledgeable legal eagles here that want to respond?
« Last Edit: April 19, 2019, 07:00:53 PM by Charles Collins »

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Hearsay?
« on: April 19, 2019, 12:14:49 PM »

Online Martin Weidmann

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Re: Hearsay?
« Reply #1 on: April 19, 2019, 04:07:35 PM »
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On page 178 of ?Truth Withheld? by James T. Teague, he states that in a preliminary hearing to determine whether there were grounds to bring Clay Shaw to trial, that the defense tried to introduce the 26 volumes of the Warren Report in their defense. But it was denied as hearsay.

I am guessing that the reason for this has to do with the requirements of how evidence has to be introduced. But I would like to know what the legal scholars have to say about this. Do we have any knowledgeable legal eagles here that want to respond?

The most obvious reason seems to me to be that the opinion of a commission, presented in the way of a conclusion, is by definition argumentative and thus not evidence related to the crime nor does it constitute proof.

Online Charles Collins

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Re: Hearsay?
« Reply #2 on: April 19, 2019, 04:29:38 PM »
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The most obvious reason seems to me to be that the opinion of a commission, presented in the way of a conclusion, is by definition argumentative and thus not evidence related to the crime nor does it constitute proof.

The 26 volumes include more than an opinion. They catalog the physical evidence and include the sworn testimony of many witnesses.

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Re: Hearsay?
« Reply #2 on: April 19, 2019, 04:29:38 PM »

Online Martin Weidmann

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Re: Hearsay?
« Reply #3 on: April 19, 2019, 04:46:38 PM »
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The 26 volumes include more than an opinion. They catalog the physical evidence and include the sworn testimony of many witnesses.

And yet is was ruled hearsay!

There is no guarantee that the 26 volumes contain all the available evidence and it would express an opinion if only certain evidence was included.

But even if the 26 volumes themselves are not the issue, the report that is based on them is.
« Last Edit: April 19, 2019, 04:55:10 PM by Martin Weidmann »

Online Charles Collins

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Re: Hearsay?
« Reply #4 on: April 19, 2019, 05:08:42 PM »
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And yet is was ruled hearsay!

There is no guarantee that the 26 volumes contain all the available evidence and it would express an opinion if only certain evidence was included.

But even if the 26 volumes themselves are not the issue, the report that is based on them is.

I am happy that you distinguished the difference between the report and the 26 volumes. The claim in Teague?s book says the 26 volumes were ruled as hearsay and didn?t say anything about the report.

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Re: Hearsay?
« Reply #4 on: April 19, 2019, 05:08:42 PM »

Online Martin Weidmann

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Re: Hearsay?
« Reply #5 on: April 19, 2019, 05:18:18 PM »
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I am happy that you distinguished the difference between the report and the 26 volumes. The claim in Teague?s book says the 26 volumes were ruled as hearsay and didn?t say anything about the report.

Really?

the defense tried to introduce the 26 volumes of the Warren Report in their defense.

I guess it just depends how you interpret those words.

Online Charles Collins

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Re: Hearsay?
« Reply #6 on: April 19, 2019, 05:40:46 PM »
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Really?

the defense tried to introduce the 26 volumes of the Warren Report in their defense.

I guess it just depends how you interpret those words.

Here is the sentence as written in the book:

?The Defense tried to introduce the 26 volumes of the Warren Report in their defense, but it was denied as hearsay.?

I certainly interpreted it that way. The 26 volumes were published separately and in support of the report.

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Re: Hearsay?
« Reply #6 on: April 19, 2019, 05:40:46 PM »

Online Martin Weidmann

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Re: Hearsay?
« Reply #7 on: April 19, 2019, 07:07:14 PM »
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Here is the sentence as written in the book:

?The Defense tried to introduce the 26 volumes of the Warren Report in their defense, but it was denied as hearsay.?

I certainly interpreted it that way. The 26 volumes were published separately and in support of the report.

To me the "26 volumes of the Warren Report" means the whole package, including the report itself, but I'm more than happy to simply agree to disagree on that.

Selectively gathered evidence published in 26 volumes is also an expression of an opinion.
« Last Edit: April 19, 2019, 07:55:50 PM by Martin Weidmann »

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Re: Hearsay?
« Reply #7 on: April 19, 2019, 07:07:14 PM »

Online Charles Collins

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Re: Hearsay?
« Reply #8 on: April 19, 2019, 07:08:00 PM »
This was a preliminary hearing, not a trial. But even so, I guess that the prosecution would object because they wouldn?t be able to examine the evidence and witnesses. Just wondering what the legal scholars have to say about this.

Online Charles Collins

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Re: Hearsay?
« Reply #9 on: April 19, 2019, 07:33:29 PM »
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To me the "26 volumes of the Warren Report" means the whole package, including the report itself, nut I'm more than happy to simply agree to disagree on that.

Selectively gathered evidence published in 26 volumes is also an expression of an opinion.

From Mary Ferrell Foundation website:

Warren Commission Hearings and Exhibits
The Warren Commission published 26 volumes of hearings and exhibits within a few months after issuing its report. Volumes 1 - 5 are hearings conducted by the Commission members in Washington DC. Volumes 6 - 15 are hearings conducted by staff attorneys on location in Dallas, New Orleans, and other places. Volume 15 also contains an index to names and exhibits. Volumes 16 - 26 contain photographed Commission Exhibits, usually abbreviated to CE (i.e., CE 399), plus other exhibits organized by name.

     1.   Warren Commission Hearings, Volume I
     2.   Warren Commission Hearings, Volume II
     3.   Warren Commission Hearings, Volume III
     4.   Warren Commission Hearings, Volume IV
     5.   Warren Commission Hearings, Volume V
     6.   Warren Commission Hearings, Volume VI
     7.   Warren Commission Hearings, Volume VII
     8.   Warren Commission Hearings, Volume VIII
     9.   Warren Commission Hearings, Volume IX
     10.   Warren Commission Hearings, Volume X
     11.   Warren Commission Hearings, Volume XI
     12.   Warren Commission Hearings, Volume XII
     13.   Warren Commission Hearings, Volume XIII
     14.   Warren Commission Hearings, Volume XIV
     15.   Warren Commission Hearings, Volume XV
     16.   Warren Commission Hearings, Volume XVI
     17.   Warren Commission Hearings Volume XVII
     18.   Warren Commission Hearings, Volume XVIII
     19.   Warren Commission Hearings, Volume XIX
     20.   Warren Commission Hearings, Volume XX
     21.   Warren Commission Hearings, Volume XXI
     22.   Warren Commission Hearings, Volume XXII
     23.   Warren Commission Hearings, Volume XXIII
     24.   Warren Commission Hearings, Volume XXIV
     25.   Warren Commission Hearings, Volume XXV
     26.   Warren Commission Hearings, Volume XXVI

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Re: Hearsay?
« Reply #9 on: April 19, 2019, 07:33:29 PM »

 

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