Question 1A

Same case, same scenario. After Plaintiff's counsel asks his or her question, Plaintiff, Defendant, the trial judge, and the jury all look expectantly at defense counsel. After a long pause, the trial judge gently asks, “Do you have anything to say, defense counsel?” Defense counsel replies, “No, your Honor. I will speak my piece later.” The trial judge states, “Very well. I hope you know what you're doing. The witness may answer the question.” The witness then states, “I heard Plaintiff tell the police that Defendant ran the red light.” Defense counsel does not cross-examine. The witness is excused. Defense counsel then states, “Your Honor, I have something to say.” The trial judge replies, “Well, what is it? Go ahead.” Defense counsel states, “I object to the testimony of the witness that he heard Plaintiff say to the police that Defendant ran the red light. Your Honor, the testimony of the witness is plainly a lie. Furthermore, the witness's testimony about what he supposedly heard Plaintiff say is inadmissible hearsay. I move to strike the testimony of the witness about what Plaintiff supposedly said to the police.” The testimony given by the witness was in fact inadmissible hearsay. How should the trial court rule on defense counsel's objection to and his or her motion to strike this inadmissible hearsay and why?