This follows company policy of interviewing all employees at the scene of an accident. Fred tells his story to the lawyer. A. D tells his wife that he robbed a bank. He doesn't see his son sitting in a chair. At D's trial, the prosecution calls both wife and child to testify to D's statement.
D seeks to exclude the testimony of both witnesses.
B. One of your fellow students tells you that in several criminal trials he has seen, the witness was asked to relate what someone other than the defendant said out of court. An attorney told me this was true. V. A. Defendant, an orderly in a hospital, was assigned to spoon-feed a mental patient who refused to eat. The patient died from aspiration of stomach contents. Defendant was charged with involuntary manslaughter.