Katie S. Phang is the host of 'The Katie Phang Show,' which airs Saturdays and Sundays at 8 a.m. ET on MSNBC. She is a legal contributor for NBC News and MSNBC based in Miami. She leverages her significant trial attorney experience to provide analysis and commentary on the latest legal issues.
Prosecutors in former President Donald Trump’s New York trial started with a bang, calling as their first witness David Pecker, the former publisher of the National Enquirer. And that makes sense. In a jury trial, the focuses are primacy and recency: Prosecutors want to start strong and end strong. The beginnings of trials and the ends of trials are what jurors remember best. That’s why a good strategy is to call witnesses such as Gary Farro to the stand in between.
When watching a trial, you’ll often hear an attorney say, “Objection, your honor, hearsay!” Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. But hearsay evidence is usually inadmissible at trial. So to get hearsay, such as the contents of a business record, admitted into evidence, lawyers can use the business records exception.
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