the facts to which the former statements relate.") (internal quotation omitted).[1] The particulars of this case demonstrate the wisdom of that rule: of the various stories Mr. Abrams told at one point or another, Ms. Touhy would like the jury to believe the one that implicates Ms. Whitlock but offers no reason why that version of events is any more persuasive or credible than the others.[2]
Second, even putting aside the proffered hearsay statement, Ms. Touhy submits that there is sufficient circumstantial evidence in the record for her claims to survive summary judgment. Among other things, Ms. Touhy notes, the record establishes that: Ms. Whitlock and Ms. Frazier were good friends; Ms. Frazier was Mr. Abrams's girlfriend; Ms. Frazier herself knew about Ms. Touhy's condition (as revealed by her hostile email); Mr. Abrams knew Ms. Whitlock independently because he previously worked with Ms. Whitlock's husband and had rented a house from Mr. Whitlock's grandmother; and Ms. Whitlock testified
- ↑ See also United States v. Grant, 256 F.3d 1146, 1156 (11th Cir. 2001) ("[T]he point of admitting inconsistent statements to impeach is not to show that they are true, but to aid the jury in deciding whether the witness is credible."); United States v. Graham, 858 F.2d 986, 990 n.5 (5th Cir. 1988) ("[T]he hallmark of an inconsistent statement offered to impeach a witness's testimony is that the statement . . . is not offered for the truth of the matter asserted; rather, it is offered only to establish that the witness has said both 'x' and 'not x' and is therefore unreliable.").
- ↑ We of course acknowledge that, pursuant to Fed. R. Evid. 801(d)(1)(A), prior inconsistent statements made under oath are not considered hearsay and may be admitted both for impeachment purposes and substantive consideration where the declarant is subject to cross-examination concerning the statement. See United States v. Orr, 864 F.2d 1505, 1509 (10th Cir. 1988). Mr. Abrams's statement to Ms. Touhy, however, was not made under oath.
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