MarcusRock
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Well if you hear without listening or not intently, then you didn't hear everything and can't say that you did hear everything. Marriott's lawyers would be all over that one. Mike could have whispered the offensive part (because he knew it might be a trigger word(s) to which she just laughed off. Would it still look like a polite conversation in that case? Sure it would. Or the witness could have been listening for reactive words from her and didn't hear any, which again, if she didn't react in the moment, she would not have uttered. It still would have appeared to be a polite conversation.It did not have to be a "scene" in order for the guy to have heard the conversation. You can hear without listening and we all know there are words in a conversation which convert us from overhearing to listening intently. Had Mike uttered one of those "trigger words" everybody within earshot would have gone on high alert looking for what happens next. Absent those words it becomes just a "polite, friendly conversation" that nobody gives a second thought 10 seconds after it ends. However had the opposite been true and there HAD been some acrimonious or improper words uttered dudes would have remembered ALL the details. And in fact would have spent the next half hour or so asking one another "Can you believe he said that? Can you believe she didn't slap him or kick him in the nuts?"
I mention a "scene" because the witness was giving a description as if from a distance, so his speech and what he was "looking for" or didn't notice reflected that. If you're at a distance, you probably didn't hear everything which is why there were no details from him. These guys could have been plants from Irvin's team and didn't mention details on purpose but come court time there will need to be details or they're not offering a whole lot by what we know at this point.