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So what happens when the Assistant District Attorney tries to admit a Prior Statement Consistent with what a witness is saying during the Trial?

OBJECTION? Well if your attorney hasn’t fallen asleep at the helm, he/she will object to such a statement as hearsay. This rule actually applies across the board to both prosecution and defense witnesses because it could lead the jury to believe that the evidence is greater than it actually is, creating an unfair bias. Think about it, if I (as a credible source of information) sat next to you for a few days and repeated the same statement over and over, you might start to believe it. There is however an exception, and that is when there is an accusation that the witness has lied (known as fabricating testimony).

Opening the Door to Fabricated Testimony.

Fabrication means no mistake or confusion, this is where someone “makes up” testimony to dispute or affirm the charges against the accused. Note the caveat, you can’t use a prior inconsistent statement to assault the credibility of a witness you called. Think of it as fair playing grounds for both the defense and prosecution. Fabricated testimony can be attacked only on cross-examination, and this is by either the defense or the government. It’s important to look at when the testimony was created as there must be a motive to falsify, otherwise in some cases, the objection could be overruled.


If you want to learn more about Michael A. Huerta, Attorney and Counselor at Law, or Huerta PLLC, a New York Law Firm, visit http://HuertaPLLC.com