A Philadelphia judge is standing by her decision to allow the jury in an assault and false imprisonment suit to watch portions of a cellphone video taken immediately after an alleged altercation with police.
Philadelphia Court of Common Pleas Judge Paula Patrick issued an opinion supporting her decision in the case Cruz v. Peachey to let the jury see the video, which included statements and questions by the plaintiff’s neighbor about the incident that had just occurred. Although the defendant had argued the video was inadmissible hearsay, Patrick said in the Feb. 17 ruling that the video fit within the excited utterance exception.
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