Winning an argument about the hearsay rule can be something that makes the difference between an acquittal and a conviction. A piece of hearsay evidence may have the potential to sway a jury profoundly. However, the law says that hearsay evidence is generally unreliable and can only be used in a trial under certain, specific circumstances. Putting on your strongest possible defense involved many things, including winning these kinds of arguments about whether certain pieces of evidence are admissible or inadmissible. To get that strongest possible defense, be sure you have an experienced Maryland criminal defense attorney on your side.
What do we mean about hearsay and “special circumstances”? Here’s an example from Annapolis. An anonymous 911 caller reported a shooting. A second anonymous 911 call identified O.J. as being involved, identifying him by his nickname. (The caller stated that “Tooty” was involved, and O.J. was known to go by the nickname “Tutti.”)
At O.J.’s trial, the prosecution asked to enter into evidence that second 911 call. The defense objected, arguing that the call was inadmissible hearsay. The judge sided with the prosecutor and allowed the evidence in. The call was eventually played for the jury and O.J. was convicted.