State v. A and B for robbery and murder of a convenient store clerk. At B's trial the state calls Officer to testify to A's statement. The state argues that it is admissible as a declaration against penal interest. A, driver, and B, passenger were injured when their car was struck by train as A tried to cross the tracks. RR Co. W testified for RR Co. that A drove around the gate and onto the tracks.
Objection is made on the basis of hearsay.
A and B were indicted for conspiracy to traffic in stolen credit cards. The government cut a deal with B in which he agreed to testify against A in return for a reduced sentence. B testified before the grand jury that A supplied the cards. At trial, however, B refused to testify even when threatened with contempt. The government offers B's grand jury testimony.