On the contrary, your Honor. I'm certainly not offering the statement to suggest that it happened. I'm offering it as impeachment to suggest that it didn't happen. If I wanted to--as you know, the Defense position is, we're not trying to suggest Dennis Fung's recollection of who did what is correct. I'm suggesting that Miss Mazzola's recollection as she testified to on August 23rd is correct. So to the extent that I am saying that Dennis Fung told her something different than what she testified to and told her he totally disagreed with it, I'm not offering it to prove the truth of what Dennis Fung told her. I'm simply offering it to prove, number one, that he said it, number two, equal importance, to show what effect that had on Miss Mazzola's state of mind.
State of mind of Miss Mazzola. That's why it's being introduced. And secondly, not even--
Secondly, all right, it's not even hearsay because it's not being offered for the truth of the matter asserted therein.
How is it going to have any impact on this witness' state of mind--I don't see how--what Dennis Fung's recollections were of the evidence collection procedure. Also, it seems to me counsel shouldn't be allowed to ask leading questions like that unless he has a good faith belief that something like that was actually said. And he doesn't. Otherwise, it should be based on some sort of offer of proof.
My good faith basis is, Dennis Fung testified that after August 23rd, he had this discussion with her and he made up a list of who collected what, and his recollection was obviously different from her recollection because, as you know, what she just testified to on direct examination as to who collected what is contradicted by her testimony on August 23rd. In fact, he brought it out to try to take--
Phrasing the question as you just stated right now, I'll overrule the objection, which has to do with the fact that Dennis Fung after her testimony went back and went over with her who collected what.
KEY QUOTEI'm not offering it to prove the truth of what Dennis Fung told her. I'm simply offering it to prove, number one, that he said it, number two, equal importance, to show what effect that had on Miss Mazzola's state of mind.
It seems to me counsel shouldn't be allowed to ask leading questions like that unless he has a good faith belief that something like that was actually said. And he doesn't.
Phrasing the question as you just stated right now, I'll overrule the objection, which has to do with the fact that Dennis Fung after her testimony went back and went over with her who collected what.