Monday, February 13, 2012

Judge allows testimony from bullying victim who killed himself

This is not very surprising. Hearsay evidence that is necessary (here the witness is dead and so cannot speak) and reliable (here the police took a formal statement) may be admitted into evidence:

http://bit.ly/xIQVGO

Mitchell Wilson's voice will be heard at trial.

A judge has made the legal exception to common rules of court evidence.

The 11-year-old – despondent over his physical deterioration from muscular dystrophy and weary of constant bullying at school – committed suicide last September.
...

Both on the day of the attack and later that week, Mitchell gave statements about the incident to police officers. Further, he identified one of the two suspects after brushing past him in the principal's office at the school they both attended.

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