okeefe4prez
Well-Known Member
I'm not condoning anything here, and I think it is absolutely horrible what they allegedly did. Now, if the girl was passed out I can't see how her testimony is at all viable, and all of the other "witnesses" are heresay except for Satterfield who made a plea bargain to NO JAIL TIME. He raped her too, when she was awake! This is ridiculous to me.
If Pugh testifies that Everson told him he had relations with the woman, that is not hearsay under the rules of evidence. That is why if you commit a crime, you should NEVER tell anyone or talk to the cops, any statement you make to anyone can be raised in court and your defense attorney will not be able to have it excluded as hearsay. But the crazy thing is, only statements against interest are admissible, so if Everson told Pugh he didn't have relations with the woman, it would be hearsay and would probably not be admissible unless some other exception applied. Additionally, if Everson gave the cops exculpatory testimony, that testimony would NOT be admissible - think about the Miranda warning - "anything you say can and will be used AGAINST you in a court of law." The cops ain't there to help the suspect.
These cases are really, really tough to sort out, but if you've got Pugh saying she was passed out and that the two other guys were bragging about relations with her, that doesn't sound good for the defense at all.