QuickStepper said:
Re: The bolded text. I think you mean "hearsay" not "heresy". Either way, it's not correct.
It's not hearsay if a witness testifies in court, for example, "I personally saw Armstrong fill a syringe with EPO from a bottle labeled EPO." It's not hearsay because the witness is only testifying to what he or she observed personally. If, on the other hand, a witness testifies "Floyd Landis told me that Betsy Andreu told him that Lance used EPO," that is hearsay, and can't be used as evidence if the other side objects.
Capiche, Grasshopper?
Before you get condescending, Quickstepper, you had better make sure that you are precisely correct in what you say. And you are most assuredly not precisely correct.
You state "If . . . a witness testifies 'Floyd Landis told me that Betsy Andreu told him that Lance used EPO,' that statement is hearsay, and can't be used as evidence if the other side objects."
What you wrote is ONLY true if the proponent of the hearsay statement is seeking to introduce the statement for the truth of the matter asserted in the statement.
If, for example, the proponent is trying to introduce the statement to establish that Floyd made the statement at a specific time, then the statement is not being admitted for a hearsay purpose.
If the statement is being introduced to establish that Floyd can talk, then the statement is not a hearsay statement.
If the statement is being introduced to establish that Betsy conversed with Floyd, then the statement is not a hearsay statement.
So, your blanket assertion that the statement "can't be used as evidence" is FALSE and WRONG. In some circumstances it CAN be used as evidence.
So, from a Google Lawyer only, mellow out on the condescension, eh?