She was not there. She was on the phone, supposedly.
The difference (and the reason her testimony will be admissible, and his not) is that she heard what Martin told her as the event was occurring. Zimmerman's father heard what Zimmerman told him after the fact. She can provide testimony (and be cross-examined) about Martin's contemporaneous demeanor, tone of voice, etc. Zimmerman's father has no such contemporaneous information, and can only testify to Zimmerman's after-the-fact statements.
The testimony of both Martin's girlfriend and Zimmerman's father would be hearsay (although Martin's girlfriend could also have non-hearsay testimony to provide, independent of what Martin told her - as an "earwitness," so to speak). The difference is that Martin's girlfriend's testimony about Martin's contemporaneous statements likely are admissible because they fall within at least one hearsay exception, maybe more (present sense impression, present state of mind, and excited utterance come to mind). Zimmerman's father's testimony is hearsay, but falls within no exception, and is clearly inadmissible.
Understood.
Zimmerman’s father’s statements are hearsay, of course. As is the girlfriends statement—she wasn’t there. She didn’t see anything. She cannot say “I saw such-and-such” or “I saw Zimmerman strike first” or anything like that. All she can say is what she heard over a cell-phone from a guy walking/running and during inclement weather.
The thug’s girlfriend, she cannot offer direct evidence, as you correctly pointed out, she can only say what he told her, and that is hardly credible and clearly easily impeached. The state has to prove facts, not accept at face value what someone told someone.
Thing is, she does not know for a fact what he said was true. I suggest her testimony will be heavily coached by self-serving SP lawyers, and especially by lawyers for the thug’s family. They will make sure they steer her to lie (yes, “lie”) to fit the narrative.
“He told me XXX” is hardly enough to convict, especially when, I suggest, it conflicts with the eye-witness testimony of John and forensics.
The SP errored greatly in bringing this charge and it will be thrown out if there is any justice for Zimmerman.