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Triple hearsay to come in under the new statute. not so in new york. gregg: when he says to leo, don t help me. it was an awful thing that happened to the defense. they warned against it. one of the lawyers on the team, don t do it, joe. don t do it. gregg: i m just not going to do it. exactly. back away from it. it was a very foolish move. gregg: harry smith, it was the pastor who takes the witness stand and basically says the defendant made incriminated go statements to his fourth wife. it gets worse and. another reason the statute is live ai live and well and is going to focus on domestic violence. there is this underlying, i would say current you know, obviously, savio was saying, he told me he was going to kill me number one. ....
Her. here is the thing, this is all reliable cause these witnesses don t know each other. gregg: isn t that prohibited by the priest privilege? she s dead. gregg: so? so, it s abated. it s like a prosecution. it s abated. gregg: really? absolutely. gregg: here is one that does come in. i want to you explain it. it s hearsay testimony that peterson told savio, his now dead third wife, that he could kill her and make it look like an accident. let me tell you about that. the judge allowed, i could kill you, and blocked out any reference and make it look like an accident. the defense, by accident in cross-examination slipped it in. now it s in there! i could kill you and make it look like an accident. by the way, he said to wife number 4, i could kill you and make you disappear. i mean, what happened? one is an accident and one disappeared. gregg: now, allegedly the accused, drew peterson, tried to hire a hitman for $25,000, ....
That savio allegedly drowned. but isn t that double hearsay? you know, it is what the defendant said to a victim who is dead. but you see, there is something from the common law called forfeiture by wrongdoing. where if you silence someone so they can t testify in a divorce settlement or can t testify in a murder trial, then you can not benefit by that and say that it s hearsay. that s when the courts say wrong. it comes in now. gregg: the judge is not going to allow this? the judge is not going to allow it, because although they had an army captain, having said that grandmother and police reports and statements, when the prosecution sent a memo, they put the wrong date in it, they call it ascribe notes error. but here is the bottom line. this victim, stacy, may yet come into this courtroom because she went to her pastor and talked about what drew peterson told ....
Welcome back to kks fox and friends first. thank you for joining us. it is half past the top of the hour. now it is time for the top five stories. we begin with null ry relealy released physical report. savio. they were 12 second away from crashing this after bad weather causes confusion at the control tower. the faa now admits the plane carrying 192 people all together did come closer than safety regulations allow. but the faa insisting the planes were not in danger of colliding. there is still plenty of unfinished business in washington but congress checking ....
if you listen to what he said, he withdrew until the paramedics came so drew didn t put the towel there. i am trying to grasp the point they are trying to make. it doesn t matter. reporter: the testimony moving forward, the judge when light on the prosecution after getting angry at them yesterday for slipping inadmissible evidence to the jury. he did not strike all the testimony from the first witness with whom the inadmissible evidence came. shepard: for now the prosecution s case relies on hearsay evidence. will be jury hear all of it? guest: well, they called to the stand a witness named harry smith, and he was a later for the victim in this case. he is expected to tell the jury that savio told him she was afraid of due peterson because she believed he would kill her and make her death look like an accident. before that happened, you can anticipate the defense is going to challenge every hearsay ....