Lets say, for the sake of argument, that McVeigh’s lawyers were able to get the verdict in his trial overturned. McVeigh has already admitted the crime in interviews and in print in his own words.
My question is this. Would his lawyers have any way of keeping these statements out of a new trial?
I’m sure there are others (more reticent and with better taste, admittedly) who are interested in the possibility of McVeigh ticket scalping. Is there any?
I think the statements would come in.
There is a general rule that out-of-court statements are inadmissable to show the truth of the matter asserted in the statement. This is known as the “hearsay” rule, and it has many exceptions.
One such exception is for “party admissions.” Thus, out-of-court statements made by a party to a case can be used against that party.
I would guess that if there is a videotape of McVeigh saying “I did it,” I think that could be shown to the jury in a new trial.
If there is a newspaper article quoting McVeigh as saying “I did it,” you might not be able to get the actual article alone into evidence, but the reporter could probably come and testify as to what McVeigh told him.
(standard disclaimer about legal advice)