Discussion on Legal Evidence and Hearsay

I just described that for you, so I'm not ...

I can explain it to you, but I can't understand it for you,

so I'm gonna move on

from that. Uh, but to just go back to your point about

this is not evidence,

uh, you can't make that claim because your,

the entire basis for why you think that

there's evidence for Tyler Robinson-

Mm-hmm

... being the person that took the shot-

Yeah

... is based off of a hearing under Utah 1102

rules.

Meaning that they are doing the exact same thing

that I am doing.

Uh, this is the state. You said you're here to represent the

state.

Well, did you watch the preliminary hearing?

Well, no, I didn't say I was here to represent the state.

The state's position, you think, is strong and convincing.

No.

Okay?

What I'm here to do is represent my own opinion-

You said in your opening statement-

... which is that based on the, based on the evidence presented so far by

the

state-

The state has presented-

... that I find it convincing

... evidence-

Mm-hmm

... under Utah's 1102 rule.

But this doesn't demonstrate any Patsy behavior.

No, that's very important, because that rule is hearsay.

So you can't say at the same time, Candace-

Great. Uh-huh

... you're not allowed to ... And, and what that means under the Utah rule-

Mm-hmm

... which I'm sure you know, 'cause I'm sure you watched the

preliminary hearing,

and yourself understand what that means, is that the entire hearing was hearsay.

It means none of that information that was presented is going to be allowed,

the majority of it, the overwhelming majority of it, is,

is not going to be allowed

at the trial. They're allowed to present

when it's just a probative hearing-

I don't think all the evidence that was, that was put in was hearsay.

Okay, you didn't watch this case.

But not only that, no, I-

No, no, no, that's ... This is a huge point.

This is-

I wanna ... Well, hey-

This is crazy that you don't know this

... we can call for a fact check.

Yes. Oh, we need more than a fact check.

If all the evidence that was put in-

This was every single day-

We, the, the-

... Utah Rule 1102

... the fact is actually saying they want to

go again.

Again, we, this is something important, so we should pull up a fact, fact check

about what the 1102 Utah, uh, and under their Constitution-

Mm-hmm

... for the sake of a preliminary hearing-

Yeah

... they do not have to have hard evidence.

They don't have to put people on the trial to swear them in.

I agree they don't have to.

But no, no, th- that's why the entire hearing

was basically hearsay.

Officer Bagley was saying-

But not all of it, like I said

... the overwhelming majority-

And again, no dispute

... I mean, outside of the one that you don't-

But there's ... No, that's not what's in dispute, though

... that you don't wanna give. Please don't cut me off. Outside of ...

No, that is what's in dispute.

It's not.

It means that your entire brand of saying-

Mm-hmm

... you don't have evidence, you don't have evidence, falls apart

when the

entire preliminary hearing is based off of hearsay.

In fact-