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Hernando Today

LETTERS TO THE EDITOR

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The Tampa Tribune

Published: February 21, 2008

Sad Day For Readers

Re: "Sheltering Chelsea Never Ends," by John Herbert, From Where I Sit, published in the Wednesday, Feb. 20, edition of Hernando Today.

Regarding Mr. Herbert's Clinton-bashing editorial, a more apt title for his column should be From Where I Stalk.

It's another sad day for readers when instead of elevating idea's we are made to criticize another human being (Chelsea Clinton)for her adolescent complexion and dental characteristics and not afford her the dignity of her gender when she has been compared to a harlot by a TV newsreader.

Shame on you Mr. Herbert for your rudeness and transparent partisan swipes.

Clayton Munsey

Traverse City, Minn.

Many Exceptions To Rule

Re: Many Exceptions to the Hearsay Rule.

In Wednesday's paper, "DUI Trial Opens," reporter Kyle Martin stated that the "excited utterance" rule is the only exception to the hearsay rule in a court of law.

I just wanted to take this opportunity to point out to Mr. Martin and Hernando Today readers that there are actually numerous exceptions to the hearsay rule.

In short, hearsay is a statement made outside of court. More specifically it is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Under the Florida Rules of Evidence, Florida Statute 90.803 provides for 24 exceptions to the hearsay rule when the declarant may be available to testify, including exceptions for excited utterances, present sense impressions, statements for purposes of medical diagnosis, recorded recollection and business records among others.

Under Florida Statute 90.804 there are five additional exceptions when the declarant is unavailable to testify, including former testimony, statements against the declarant's interest, statements of personal or family history and dying declarations.

The next time you hear that hearsay evidence will not be heard at trial, just remember there are a multitude of ways for attorneys to get such evidence before the judge and jury.

Christopher Sean Mulligan, Esq.

Brooksville

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