Ev­i­dence prof, about hearsay ex­cep­tions: When Le­bron James makes a three at the end of a game, is it a state­ment? He’s not ac­tu­al­ly say­ing any­thing. Ac­tu­al­ly, of­ten when I go to games there is a woman with Downs Syn­drome who sits be­hind me. She’s a love­ly woman… She thinks the play­ers are talk­ing to her.