Jonah BromwichReporting from inside the courthouse
“I think it’s relevant,” Justice Merchan says, but he does not decide whether he will allow the evidence in. He says he wants to research another legal issue the defense raised, a hearsay issue, during the lunch break. Hearsay is secondhand information — but the prosecution has argued that the evidence is not hearsay because an earlier expert witness laid the foundation for this evidence to be shown to jurors. We’ll see what the judge concludes after lunch.
Ah! Yes, it is indisputably relevant but also is hearsay. Cohen cannot authenticate the photo. If Justice Merchan rules that it is hearsay not properly authenticated all the prosecution need do is call the person who can authenticate it. But they could not use the photos in cross of Cohen.
